Juvenile Justice System in Bangladesh – A Critical Appraisal

In the modern and develop concept of justice, the children in conflict with the law are treated
differently from adults throughout the process. Helping the child to understand the consequences
of the act he/she has committed is a fundamental object of the modern juvenile justice system.
After the adoption of the ‘United Nations Convention on the Rights of the Child’ (UNCRC),
juvenile justice administration has received significant attention throughout the world. Countries
in the south-Asian region also are in the process of establishing comprehensive juvenile justice
system though the implementation process is yet to reach a satisfactory level.

Historically, juvenile justice for children in Bangladesh has remained deliberately under
addressed. This is primarily not because of inadequacy or deficiency of legal standards. Over the
years, the provisions of laws concerning justice system for children have not been implemented,
the mechanisms designed therein have not been activated (Khan & Rahman, 2008). The
commitment of Bangladesh state to the international standard of juvenile justice is strengthened
with the ratification of the UNCRC in 1990. But long before the ratification of the UNCRC,
there was a continuation of development of child rights in Bangladesh.

In 1972, the Constitution of the Peoples Republic of Bangladesh was framed which contained
provisions relating to children’s welfare. A full-fledged Act for the children named ‘The
Children Act, 1974’ was passed following a supplement to it, ‘The Children’s Rules, 1976’. The
Bangladesh Shishu Academy was established in 1976. A separate ministry named ‘Ministry of
Women and Children Affairs’ was established in 1978. The Govt. of Bangladesh has undertaken
many development programmes for its children in its ‘National Plans of Action for Children’.
Besides, many other facilities affecting children have already been reflected in the ‘Poverty
Reduction Strategy Paper (PRSP)’ and ‘Millennium Development Goal (MDG).’ Finally in
2013, ‘The Children Act, 2013’ has been passed on the basis of the UNCRC.

Although the Children Act, 2013 specifically provides for dealing with the children’s cases in
juvenile courts, in practice children’s cases are seldom separated and tried in separate courts. It is
also a common phenomenon to sentence children to long imprisonment although alternative light

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sentencing options are available in the law. The basic principle of separating children from adults
during the period of remand and custody is routinely violated despite clear prohibition in the
Children Act. Whatever be the provisions of the Children Act, even then the current practice in
Bangladesh cannot be said to be in conformity with those provisions.

In fact, judicial and legal directives are not fulfilled when the law is put to operation (Rahman,
2003). Besides, many of the hallmarks of modern juvenile justice legislation – ‘Diversion’,
Mediation’, ‘Restorative Justice’, ‘Explicit Preference for Community-based Rehabilitation’,
‘Community and NGO Involvement’, ‘Clear Separation between Child Offenders and Children
in Need of Protection’ – are lacking (UNICEF, 2004). So, it is necessary to analyze the present
juvenile justice system in Bangladesh to identify its strengths and weaknesses and to take
necessary steps to develop a child-centred justice system. This article aims to depict an overall
picture of the current juvenile justice system in Bangladesh and find out the gaps that actually
persist between the provisions of laws and recent practices.

Understanding the Concept of Juvenile Justice and its Evolution

The word ‘Juvenile’ originates from a Latin word, ‘Juvenis’ that means young (Dey, 2014). The
juvenile justice system is a part of the criminal legal system of a country relating to crimes
committed by minors. It is a network of agencies which deals with juveniles whose conducts
have come in conflict with the law. The main objective of the juvenile justice administration is to
put due emphasis on the well-being of the juveniles. [1] A juvenile justice system is a set of
rules, norms and institutions which are devised for children who come into contact with the
justice system as a result of being suspected or accused of violating law. It starts with the arrest
of a child and ends after a decision is made, within or outside the formal justice system. It looks
at the implications of sentencing options, with particular attention to those subjected to
deprivation of liberty (UNICEF, 2004).

One of the leading child rights NGOs, ‘Defense for Children International’ (DCI), defines
juvenile justice as follows: “The term ‘juvenile justice’ refers to legislation, norms and standards,
procedures, mechanisms and provisions, institutions and bodies specifically applicable to
juvenile offenders...... It also includes efforts to address the root causes of offending behavior
and implement measures to prevent such behavior...” (DCI, 2008). Government systems for
handling the issue of children in conflict with the law vary in name and approach according to

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the context of a particular country. Children may be dealt with through the formal justice system,
the welfare system, or, for minor offences, by an administrative system. Wherever the system
contains a degree of specialization for children - whether the system is based on courts, the
welfare system or an administrative system - it is known as a juvenile justice system (UNICEF,
2006).

Juvenile justice denotes access to justice for all children. A proper functioning of juvenile justice
system ensures protection of child who is in conflict with the law. So, juvenile justice system is
applicable for those children who are accused of violating the penal laws of the country. Thus,
juvenile justice system is regarded as the process for juveniles to have the support of the state,
family and the community in achieving their rights of protection and prevention (Ferdousi,
2012). 

The recognition that children have rights is a relatively recent concept. Most of the ancient
civilizations did not recognize that children have rights. Children were seen as property of their
parents and were subjected to various forms of torture and inhuman and degrading treatment. In
the middle of the 17th century, a new approach to understanding childhood and children’s issues
was adopted by John Locke, who called for a different approach in dealing with children.
However, it was not until the beginning of the 18th century that Jacques Rousseau recognized
childhood as a specific phase in life and that the child was an independent personality with
special requirements. Children were only recognized as a separate category of rights holders at
the beginning of the 19th century when national legislatures started to enact laws providing
special measures of protection for children (Ali, 2010).

In 1704, Pope Clement XI first introduced the idea of the instruction of profligate youth in
institutional treatment. Then Elizabeth Fry established a separate institution for juvenile
offenders. Subsequently, in Britain, ‘Reformatory Schools Act’ and ‘Industrial Schools Act’
were brought a statute book. The first juvenile court was established in 1899 in Chicago under
‘Juvenile Offenders Act’. In England, the first juvenile court was set up in 1905. And the first
probation law was enacted in the state of Massachusetts, USA in 1878 and in England in 1887.
The second and sixth UN Congress on ‘Prevention of Crime and Treatment of Offenders’ in
1960 and 1980 discussed in detail the problem of juvenile delinquency. They decided that there
should be the standard Minimum Rules for the Administration of Juvenile Justice. Subsequently,

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it was accepted that special attention should be given to prevent juvenile delinquency. The same
area was discussed at Beijing in 1985 which examined the Standard Minimum Rules for the
Administration of Juvenile Justice. In 1989, the UNCRC drew attention to four sets of Civil,
Political, Social, Economic and Cultural rights of every child. The Convention provides the legal
basis for initiating action to ensure the rights of children in society (Dey, 2014).

The Universal Declaration of Human Rights, The Beijing Rules, 1985 and The Convention on
the Rights of the Child (UNCRC), 1989 are the key instruments in addressing the rights of
children in conflict with the law and the administration of juvenile justice (Khair, 2001). The
juvenile justice system and the criminal justice system differ in many ways but also have some
common grounds. Juvenile justice, as opposed to criminal justice, recognizes children who come
into conflict with the law as victims. It takes into account the fact that children lack the maturity
of adults (morally and cognitively, physically and emotionally). It recognizes that most of the
children who come into conflict with the law are victims of neglect, exploitation, social and
economic hardship. These children need special care, guidance, protection, education, training
and the opportunity of rehabilitation and reintegration (UNICEF & AIHRC, 2007).

Historical Development of the Juvenile Justice System in Bangladesh

The history of juvenile justice system in Bangladesh may be divided into two main phases:

 Pre-Independence Era; and

 Post-Independence Era.

Pre-Independence Era

The pre-independence era may be divided into three main periods:

 Practice of juvenile justice during British period;

 Practice of juvenile justice during Pakistan period.

During British Period

During the medieval era, the customary laws governed both Hindus and Muslims of the Indian
subcontinent. But these laws had no specific reference to the children in conflict with the law. At
that time personal laws of Hindus and Muslims were followed rigorously. Religious guiding
principles had great impact on the life of the people. The law governing the children were vague
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and there was hardly any special law for separate treatment to the juveniles. In the Hindu period,
juvenile delinquents were treated separately from adults. There was a Hindu ethical Code
concerning the treatment of children. In the Muslim period, the executive laws were basically
based on The Holy Quran and Hadith (Religious Code) (Ferdousi, 2012). 

The period between 1851 - 1918 saw many legislations being enacted covering a wide range of
matters concerning children. The Female Infanticide Act, 1870 and The Vaccination Act,1880
sought to secure life and health of infants. The Guardianship and Wards Act,1890 made
provisions for their continued care and protection. The Factory Act, 1881 took care of child
labour and the need for special provisions for them was recognized.

In 1850, the Apprentices Act was passed as the first juvenile legislation in India to deal with
children. The Indian Jail Committee was constituted in 1864. The Committee recommended for
the creation of Children’s Court for hearing of all cases against children and young persons. The
Committee suggested the children's release on probation of good conduct with or without
supervision of a probation officer and also suggested provision of supervision after release. The
segregation of juveniles from adult offenders was secured within prisons by modifications in the
Prison Codes of Madras, Bombay, North Western Provinces and Bengal.

Following the recommendations of the Jail committee, the government enacted the Bengal
Children Act, 1922 for the province of Bengal. This Act made provision for establishment of
juvenile court for the trial of children under the age of fourteen. This Act contained several
progressive provisions like:

(a) grant of bail of an arrested child by the police;

(b) custody of an arrested child in a place other than the police station and the jail;

(c) restriction on attendance at juvenile court;

(d) restriction on punishment of children in conflict with the law;

(e) power of the juvenile court to discharge a child in stead of directing him to be detained; and
(f) authority of the government to discharge a child in detention (Khan & Rahman, 2008).

During Pakistan Period

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The Bengal Vagrancy Act, 1943 was adopted by The East Bengal Legislative Assembly with
little modifications. In 1951, the Metropolitan Areas of Dhaka, Chittagong and in 1952,
Narayangonj, Chandpur towns were brought under the jurisdiction of this Act. To provide
probation service for delinquents, The Probation of Offenders Act was passed in 1964. The Act
provided specific legal provisions of probation service for the first and petty offenders. During
Pakistan period, there were some national plans for development of children’s activities. The
First Five Year Plan (1955-60) had various reformation programmes for children. Proposals for
establishing juvenile court were made in the Second Five Year Plan (1960-65) of Pakistan but no
definite steps were taken to establish any such court (Ferdousi, 2012). 

Post-Independence Era

After the independence of Bangladesh, the subject of welfare and policy of children has been
emphasized. At first, welfare and social provisions had been included in the Constitution of
Bangladesh for the protection and development of children. A major Act named The Children
Act, 1974 had been promulgated along with The Children Rules, 1976 which directly dealt with
the administration of juvenile justice. The fundamental principles of The Children Act, 1974 were
for protection and correction of juvenile delinquents other than punishing them. The Children
Act, 1974 consolidated all previous laws, for example, the Reformatory School Act, 1887, the
Bengal Children Act, 1922, etc. and provided a wide scope to the custody, protection and
treatment of the juvenile delinquents under 16 years in almost all spheres of their lives. It
provided separate juvenile courts, and forbade joint trial of child offenders with adults. Other
laws such as The Special Powers Act, 1974, The Arms Act, 1887, The Nari O Shishu Nirjaton
Daman Ain, 2000 (Women and Children Repression Prevention Act, 2000) etc. were passed.
From 2003, some landmark judgments and suo moto Orders of the High Court Division of the
Supreme Court in Bangladesh issued some directions to implement the Children Act, 1974.
These legal directions have changed the course of juvenile justice system in the country. In 2004,
the Government has amended the Penal Code, 1860 and raised the minimum age of criminal
responsibility of a child from 7 to 9 years. The Birth and Death Registration Act was passed in
2004. This Act made provision for the registration of all births and deaths in Bangladesh and the
issuance of birth certificates compulsory. In 2006, the Ministry of Social Welfare (MoSW)
formed a committee to amend the Children Act, 1974 and the Children Rules, 1976. Consequently, in
February 2010, the Government had proposed amendment in the Children Act, 1974 and the Act
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was being modified on the basis of the UNCRC. Finally, The Children Act, 2013 was passed on
20th June, 2013 (Ferdousi, 2012). 

Legal Instruments Relating to Juvenile Justice in Bangladesh

Constitutional Provisions

The spirit of the UNCRC is neither new nor alien to Bangladesh. Not only in her traditions,
belief systems and social practices but also in the realm of law, the right of the child always
enjoyed a high priority. Thus, there are both constitutional provisions as well as individual legal
enactments on children in Bangladesh. (Siddiqui, 2001).  The constitutional provisions are:

a) Directive Principles of State Policy: Article 15 [Provision of basic necessities], article 17 [Free
and compulsory education] and Article 25(1) [Promotion of international peace security and
solidarity].

b) Power of Judicial Review: Articles 26(1) and 26(2) [Laws inconsistent with fundamental
rights will be void].

c) Fundamental Rights: Articles 27, 28(1), 28(2), 28(3), 28(4), 31, 32, 39 (1) and 39 (2). [2]
Article 27 of the Constitution declares that: “All citizens are equal before law and are entitled to
equal protection of law.” Article 28 of the Constitution provides that: “The state shall not
discriminate against any citizen only on grounds of religion, race, caste, sex or place of birth;
……………………………..” Article 31 specifically entitles a citizen to the right to protection
by law. It states that: “To enjoy protection by the law and to be treated in accordance with the
law and only in accordance with the law, is the inalienable right of every citizen,
………………………….. in accordance with law.” Article 31 provides that: “No person shall be
deprived of life or personal liberty save in accordance with law.” Article 39 guarantees freedom
of thought and conscience, and of speech for everyone (Siddiqui, 2001). 

National Plans, Programmes and Policies (Ferdousi, 2012). 

 Five Year Plan, 1990 – 1995

 The Bangladesh Decade Action Plan for the Girt Child, 1991-2000

 First National Programme of Action for Children (NPA), 1992 – 1997

 National Council for Children, 1995

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  Second National Programme of Action for Children (NPA), 1997 – 2002

 The Inter-ministerial Committee on Improving the Conditions of Children Confined in

Jails, 2002

 National Task Force (NTF), 2003

 Third National Programme of Action for Children (NPA), 2005 – 2010

 The National Children Policy, 1994

 National Child Labour Elimination Policy, 2010

National Legislations

Major Legislation

In Bangladesh, the justice system for children in conflict with the law is governed by the
Children Act, 2013.

Other Legislations

Apart from the Children Act, 2013, there are some other important legislations relating to
children. They are (Ferdousi, 2012): 

 The Penal Code, 1860

 The Bengal Jail Code, 1864

 The Arms Act, 1878

 The Explosives Act, 1884

 The Explosive Substances Act, 1908

 The Railway Act, 1890

 The Prisons Act, 1894

 The Code of Criminal Procedure, 1898

 The Juvenile Smoking Act, 1919

 The Bengal Suppression of Immoral Traffic Act, 1933 (Amended in 1990)

 The Vagrancy Act, 1943

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  The Special Powers Act, 1974

 The Anti-Terrorism Act, 1992

 The Nari O Shishu Nirjaton Domon Ain, 2000

 The Mobile Court Ordinance, 2007

 The Metropolitan Police Ordinance

Role of Higher Judiciary in Establishing Access to Juvenile Justice

Although the Children Act was enacted in 1974, there was neither any reported case under the
Children Act from the High Court Division (HCD) nor any case on appeal to the Appellate
Division in which children were involved till 1990s. During the 1990s, the issue of justice for the
children in conflict with the law gained more attention from the judiciary. The High Court
Division of the Supreme Court of Bangladesh for the first time, dealt with the rights of a 12 years
old boy in conflict with the law in a case (State vs. Deputy Commissioner, Satkhira. 1994).
Thousands of children were released from custody as a result of this decision. From 2003,
various benches of the HCD issued some landmark judgments on the following issues:

(i) Age Determination;

(ii) Prohibition of Joint Trial;

(iii) Jurisdiction and Separate Custody;

(iv) Restriction of Punishment (Ferdousi, 2012).

The year 2003 witnessed a landmark judicial intervention. A Division Bench of the High Court
Division of the Supreme Court of Bangladesh comprising their Lordships Amirul Kabir
Chowdhury, J. and Md. Nizamul Huq, J. in a suo moto order, (Suo Moto Order No. 248. 2003)
issued 7 points directions. Those are as follows (Khan & Rahman, 2008):

a. Trial, if any, of all juvenile accused to be completed with utmost expedition by the
juvenile courts and the concerned law enforcing agencies, prosecuting agencies and legal
aid committees be directed to take immediate steps in the manner;

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 b. Taking into consideration the provisions of section 82 and 83 of the Penal Code, it is
directed that the government do consider making prayers to the courts concerned for
discharging the juvenile accused in appropriate case;

c. The Government also do consider withdrawal of juvenile accused from prosecution under
section 494 of the Code of Criminal Procedure in appropriate cases, especially from the
cases charged under ordinary penal laws;

d. The local legal aid committees formed by the government be instructed to move the
courts for bail of the juvenile accused;

e. Juvenile accused in jail must be kept apart from other prisoners;

f. Non-official jail visitors should include human rights activists especially the
representatives of children organisations of the country; and

g. Juveniles accused are to be transferred to correction homes and other appropriate homes
with utmost expedition.

Increase in the number of children in jails during the last few months of 2006 and the early
months of 2007 didn’t miss the judicial attention. On 4 th March 2007, a Division Bench of the
High Court Division of the Supreme Court of Bangladesh comprising their Lordships Syed
Muhammad Dastagir Husain, J. and Mamnoon Rahman, J. issued a suo moto rule on the
government to explain within two weeks why appropriate action would not be taken against it for
keeping 461 children in jail violating the High Court verdict delivered on April 9, 2003
(Correspondent, 2007). Following this rule, the Chief Adviser’s Office, on May 8, asked the
authorities concerned to take necessary actions. The Ministry of Home, on May 13, 2007,
ordered all the DCs and SPs to immediately take appropriate measures in accordance with the
Directives (Khan & Rahman, 2008).

In a leading case (State vs. Md. Roushan Mondal Alias Hashem, 2007), The High Court Division
specified the following directives which may be summarized as follows (Ferdousi, 2012):

 A child must be kept separate and detached from any adult offender;

 The Magistrate must take immediate steps to ascertain the age of the child;

 Parents/guardians of the child must be informed;

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  The child should be considered for release;

 The child must be kept in a ‘special home’ or ‘observation home’ established for the
purpose;

 The proceedings must be concluded expeditiously;

 The child must be given opportunity to be legally represented and afforded legal aid for
the purpose;

 Any report of a probation officer or social case worker must be taken into account;

 Confinement must be in accordance with the Children Act and in an approved home and
not in prison;

 The approved homes must be equipped with training facilities for the purpose of
rehabilitation of the child.

Some other leading cases regarding juvenile justice are: Bablu vs. The State; Monir Hossain vs.
State; Saiful Islam vs. State; State vs. Md. Fazlur Rahman Tonmoy; Anwarul Islam vs. The
State; Bangladesh Legal Aid and Services Trust vs. Bangladesh and others; State vs.
Metropolitan Police Commissioner; Kadu and others vs. The State; Jaibar Ali Fakir vs. State etc.
From the above discussion, it is clear that the higher court has always been sensitive and active
to the problems and needs of juvenile delinquents.

Components of Juvenile Justice According to The Children Act, 2013

Age of Criminal Responsibility and Definition of a Child

In Bangladesh, The Children Act, 2013 is silent on the Minimum Age of Criminal Responsibility
(MACR). The minimum age of criminal responsibility is determined by the Penal code, 1860.
The law provides that nothing is an offence that is done by a child below the age of 9 years (The
Penal Code. Sec. 82, 1860). It further provides that children between 9 and 12 years can only be
held criminally responsible if they could understand the nature and consequences of their acts
(The Penal Code. Sec. 83, 1860). [3] According to the Children Act, a child shall include any
person up to the age of 18 years (The Children Act. Sec. 4, 2013). The Act also provides that the
date of commission of the offence shall be the relevant date for determining the age of the child
under the Act (The Children Act. Sec. 20, 2013).

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Children’s Court – Establishment, Sitting and Functions

There shall be at least one court in every district headquarter and in every metropolitan area
which shall be called ‘Children’s Court’ and this children’s court shall have the exclusive
jurisdiction to try that case. The sittings of the children’s court shall be in a building or room
separate from one where trial of adults take place and on a day and time other than the sittings of
the regular court. The trial of a child taking place will be in an ordinary room without witness
box and without podium surrounded by red cloth. From the commencement of trial in the
children’s court and until its conclusion the proceeding shall continue every day without break
(The Children Act. Sec. 16-18, 2013).

Trial Procedure and Court Environment during Trial

There shall be separate trial for a child in conflict with the law. Where a child is involved in any
offence along with an adult, separate charge sheet has to be provided for the child (The Children
Act. Sec. 17, 2013). While the trial of a child is continuing, the lawyer, police or any other
official present in court shall not wear any professional or official uniform (The Children Act.
Sec. 19, 2013). It is the duty of the lawyer engaged on behalf of the child and the probation
officer to explain to the child in easy language any decision or order of the court and also the
nature and consequence of the proceedings (The Children Act. Sec. 22, 2013).

The proceedings shall be conducted by a camera trial keeping only those persons inside the court
room who are directly concerned with the case or proceeding. If the court thinks it necessary for
the best interest of the child, even the concerned persons may be directed to leave the court (The
Children Act. Sec. 23-25, 2013). Any report considered by the court shall be treated as
confidential and publication of report of proceedings, photograph of child leading directly or
indirectly the identity of such child is prohibited (The Children Act. Sec. 28, 2013).

The children’s court shall complete the trial within 360 days from the day of the child’s first
appearance before the court. If, for any acceptable or practical reason, the trial cannot be
concluded within the time mentioned, the children’s court shall give reasons and extend the
deadline by another 60 days. If the trial is not concluded within the time specified or the
extended time, the child shall be discharged if the allegation is of a minor offence and does not
involve murder, rape, robbery, dacoity, drug-dealing or any other heinous or serious offence.

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But, where an adult is jointly involved with the child, the trial of the adult shall continue (The
Children Act. Sec. 32, 2013).

Juvenile Welfare Boards

Child Welfare Boards at national, district and upazilla levels will be established according to the
provisions of the Children Act. The national board has only supervisory powers, while the district
and upazila boards have more practical functions in respect of disadvantaged children and
children in contact with the law. The district and upazila boards do not have any function in
dealing directly with children in conflict with the law. It is only the national board that has the
mandate to issue guidelines, directives and to advise the government upon obtaining gender
disaggregated data regarding disadvantaged children and those in contact or in conflict with the
law (The Children Act. Sec. 7-12, 2013).

Child Affairs Police officer (CAPO)

There shall be a ‘Child Affairs Desk’ at every police station headed by a ‘Child Affairs Police
Officer’ (CAPO), not below the rank of sub-inspector. A female sub-inspector working in the
concerned police station, shall be given priority while assigning responsibilities of the Child
Affairs Desk (The Children Act. Sec. 13, 2013).

The general responsibilities and functions of the CAPO shall include (The Children Act. Sec. 14,
2013):

 Maintaining separate files and registers for the cases involving children;

 Where any child is brought to the police station - to inform the probation officer; to
inform the child’s parents or the guardian, to notify them of the date for producing the
child before the court along with other details of the case;

 To provide immediate mental support for the child;

 To arrange for his/her first aid and, if necessary, to send the child to a clinic or hospital;

 To take necessary measures to meet the basic needs of the child;

 To observe whether the age of the child is being determined correctly;

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  To send a report to the Police Head Quarters containing all information concerning the
case relating to the child and also to send a similar report to the probation officer and the
District Legal Aid Committee;

 To assess the possibility of bail;

 To deal with the disadvantaged child;

 To specify the steps to be taken for family conference;

 To avail diversionary measures in respect of the child;

 To deal with children in contact with the law;

Probation officer

The Act provides that there shall be one or more probation officers in every district, upazilla or
metropolitan area who shall deal with any child, either in contact or in conflict with the law
brought to the police station. The probation officer is duty-bound to ascertain the reason for
which the child is brought to the police station, to meet the child and assure him that he will be
provided with all kinds of assistance, to communicate and co-ordinate with the police about the
concerned case or complaint, to trace the parents of the child concerned and to assist the police in
communicating with them, to assess the possibility of bail for the child with the child affairs
police officer; to ensure legal representation for the child; or, where applicable, to undertake
diversion process upon evaluating the background of the concerned case, and, where diversion is
not possible or the child is not released on bail, to arrange placement of the child in a safe home
before he is produced in court. Moreover, he has to conduct a field inquiry and to prepare an
inquiry report taking into consideration the conditions of the child and his surroundings and to
submit such report to the court (The Children Act. Sec. 5-6, 2013).

Power of Arrest and Arrest Procedure

The Act specifically provides that no child below the age of 9 years may be arrested under any
circumstances. When a child is arrested, the police officer making such arrest shall immediately
inform the CAPO the reason for the arrest, the place of arrest and details of the allegations
against him. The arresting officer shall also determine the age and note the same in the records
upon assessment. The law mandates that no child shall be handcuffed or tied with a rope around

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his waist. If there is no safe place appropriate for the child in the concerned police station, steps
must be taken for his custody in a safe home until he is produced before the court. Further, when
kept in a safe home the child shall not be kept in the company of adults or any convicted child
offender (The Children Act. Sec. 44, 2013). The CAPO may release the child after giving a
written or verbal warning in the presence of his parents or guardian, etc. Such warning shall not
be held as a record against the child (The Children Act. Sec. 47, 2013).

Bail and Pre-trial Detention

According to the law, after arrest, if a child is not released nor referred to diversion nor brought
before any court immediately, the CAPO may release the child on bail with or without conditions
or surety under the supervision of the child’s parents or legal guardians. In granting bail, the
CAPO shall not consider whether the offence alleged is bailable or non-bailable. The child shall
not be released on bail if the offence alleged is serious or heinous or to be released on bail would
be contrary to the best interest of the child or if there is apprehension that upon release on bail
the child might come in contact with any notorious criminal or might be exposed to moral risk,
or that the ends of justice will be hampered. Where the child is not released on bail, the CAPO
shall take steps to produce the child before the nearest children’s court within 24 hours. The
court may release the child on bail with or without surety, whether or not the offence alleged is
bailable or non-bailable. In cases where the child is not released on bail, the children’s court
must give its reasons for refusing bail and may order for his custody/detention in a safe home or
a child development centre (The Children Act. Sec. 29, 2013).

Diversion and Alternative Sentencing

Instead of proceeding against a child under the formal justice system, diversionary measures may
be applied for a child in conflict with the law at any time after his arrest and during any stage of
the trial upon consideration of his familial, social, cultural, financial, ethnic, psychological and
educational background. [4] In the event that any of the conditions are breached, the Children’s
Court or the CAPO may pass a similar order with new conditions; may issue a warrant of arrest
for the child; send a written notice for his attendance in court or the police station; send the case
file to the public prosecutor for initiating the trial proceeding; pass an order to send the child to a
certified institute, or any other order permissible under this law (The Children Act. Sec. 48,
2013).

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Legal Representation on behalf of Children in Conflict or in Contact with the Law

No court shall proceed with the trial of any case without legal representation on behalf of a child
in conflict or in contact with the law. If there is no scope to engage a lawyer on behalf of the
child, then the children’s court shall appoint a lawyer from amongst the panel of advocates of the
District Legal Aid Committee or of the Supreme Court to conduct the case. (The Children Act.
Sec. 55-56, 2013).

Payment of Compensation to the Victim Child

The concept of restorative justice has been introduced by the new law which provides for
compensation to the child who is a victim of crimes. The court may order any person found
guilty of an offence committed against a child victim to pay compensation to the child. Also, the
court may suo motu order such compensation to be paid by the convict. The court may order the
compensation to be paid at once or by instalment through the court, and may direct that the
money be used for the welfare of the child. Where a child is found guilty of committing any
offence against a child, the court may order compensation to be paid to the victim child by the
parents or guardians of the child. However, if such persons are not in a position to pay the
compensation, the child found guilty of committing the offence may not be sent to prison for
such reason (The Children Act. Sec. 38-39, 2013).

Alternative Care

The provision of alternative care has been incorporated in the new law for the benefit of
disadvantaged children and children in contact with the law. Alternative care may be arranged in
order to ensure the overall welfare and the best interest of disadvantaged children and children in
contact with the law who need special protection, nursing and care. (The Children Act. Sec. 84,
2013).

Predominant Gaps between Legal Provisions and Actual Practices

Juvenile Welfare Boards

A new component of juvenile justice named ‘Juvenile Welfare Board’ has been incorporated in
the children Act, 2013 but till today no such board has been established. Besides, the boards to
be established under this Act will have no function in adjudicating allegations against children in

16
conflict with the law. Hence, there is no independent non-judicial forum as contemplated by the
UNCRC to deal with children in conflict with the laws. (Ali, 2010).

Children’s Court

Law provides that there shall be at least one children’s court in every district headquarter and the
sittings of children’s court shall be in a building or room separate from regular court. But, till
today, there is no children’s court in every sessions’ division. A number of respondents have
been interviewed regarding the necessity of separate children’s court. All of them except a few
have expressed their clear intentions as to the requirement of separate courts.

Table 01: Necessity of Separate Children’s Court

Respondents Yes No Total

Police officers 09 01 10

Lawyers 18 04 22

Judges of ordinary courts 09 00 09

Post graduate law students 37 11 48

NGO officers 06 00 06

University teachers 05 00 05

Total 84 16 100

Source: Interview with Respondents

Power of Arrest and Arrest Procedure

Law provides that the arresting officer shall determine the correct or actual age of the children in
conflict with the law. No child shall be handcuffed or tied with rope around his waist. The child
must be placed in a safe home until he is produced before the court. The child shall not be kept
with adults. The CAPO may release the child after giving written on verbal warning. But in
practice, the situation is quite different. Ten police officers have been interviewed regarding
arrest procedure of children in conflict with the law. All of them opine that juveniles are arrested

17
by uniformed police officers, kept in police custody instead of safe home before producing to
Court. 90% of them have expressed that they are detained with adults in the police lock-up due to
lack of separate cell. 80% of them are of the view that children are arrested without warrant on
mere suspicion and handcuffs are used during arrest. All of them supported that no child accused
to have committed an offence or arrested, is released after giving formal warning. Every child in
conflict with the law is produced before the court routinely.

Table 02: Opinion of the Police Officers Regarding Arrest Procedure of Juveniles

Status Yes No Percentage

Juveniles are arrested without warrant on mere 08 02 80 %

suspicion

Juveniles are arrested by uniformed police 10 00 100 %

Proper age of juveniles is recorded 08 02 80 %

Use of handcuffs during arrest 08 02 80 %

Kept in police custody instead of safe home 10 00 100 %

before producing to Court

Detained with adults in police custody 09 01 90 %

Juveniles are not released after formal warning 10 00 100 %

Source: Interview with Police Officers

Trial Procedure and Court Environment

According to provisions of law there shall be separate trial for children and separate charge sheet
has to be provided for the children. During the trial, the lawyer, police and other officials present
inside the courtroom shall not wear any professional official uniform. The proceedings shall be
conducted by a camera trial. Publication of report of proceedings, photograph of child leading
directly or indirectly the identity is prohibited. But it is a matter of great regret that the actual
scenario is quite different. Interview with some of the lawyers clearly indicate that camera trial is
not followed in the courts. Children are still jointly tried with adults. Often, separate charge sheet

18
is not submitted to court for children in conflict with the law. During trial, uniformed police
officers remain close to the accused juveniles inside the courtroom. Even it is sometimes seen
that newspaper and electronic media are circulating news regarding report of proceeding of
children’s trial which clearly leads identity of such children but no action is taken against the
media.

Table 03: Opinion of the Lawyers Regarding Trial Procedure and Court Environment

Status Yes No

Camera trial is followed 02 20

Children are jointly tried with adults 18 04

Separate charge sheet is submitted 06 16

During trial, uniformed police officers remain close to 22 00

children

Publication of report of child related proceedings 18 04

Source: Interview with Lawyers

Child Affairs Police Officer (CAPO)

Law requires that there shall be a ‘Child Affairs Desk’ headed by a ‘Child Affairs Police Officer’
at every police station. A female sub-inspector shall be given priority regarding child affairs.
Child related reports shall be registered in a separate register book. But in practice, this provision
is not strictly maintained. In most of the police stations, there is no CAPO, no separate desk, no
female police officer as CAPO and even no separate register for child affairs. Most of the police
officers are working without having the minimum training and orientation on how to deal with
juvenile delinquents. The following tables will give a clear idea in this respect:

Table 04: Existence of CAPO, Child Affairs Desk and Separate Register

Name of the police station Child Affairs CAPO Female police Separate register
Desk officer as CAPO for child affairs
Kotowali, Chittagong √ × × √

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Panchalaish, Chittagong √ × × √
Bakalia, Chittagong √ × × √
Chawk Bazar, Chittagong √ × × √
Bondor, Chittagong × × × ×
Shah Akbar, Chittagong × × × ×
Chandgaon, Chittagong √ × × ×
DoubleMooring, Chittagong √ × × ×
Raozan, Chittagong × × × ×
Banskhali, Chittagong × × × ×
Motijheel, Dhaka √ × × √
Savar, Dhaka √ × × √
Zatrabari, Dhaka √ × × ×
Basabo, Dhaka √ × × ×
Sobujbag, Dhaka √ × × √
Source: Field Visit

Table 05: Need of Training for Police Officers

Respondents Yes No Total

Staffs of KUKs 20 2 22

Police officers 17 3 20

Lawyers 7 3 10

Judges of ordinary courts 6 2 8

Juvenile court personnel 5 1 6

Policy makers 10 2 12

Training Institute Officials 5 1 6

NGO officers 13 3 16

Total 83 17 100

20
 Percentage 83% 17% 100%

Source: Ferdousi, 2012. p. 139.

Age Determination

Although the age of juveniles is the most important factor in the juvenile justice system, it is not
uniform in Bangladesh. Different legislations provide different age limits which are inconsistent
with the UNCRC and other international instruments. In practice, lack of mechanism to identify
proper age during arrest makes the whole process unfair.

Legal Representation on behalf of Children in Conflict with the Law

The act makes it compulsory for the court to proceed with the trial of any child in conflict with
the law if the child is legally represented. But in practice, many children do not get adequate
legal assistance. A number of lawyers have been interviewed on this issue. From their answers, it
may be presumed that most juveniles do not get adequate legal assistance.

Table 06: Opinion of Lawyers Regarding Legal Assistance for Children in Conflict with the
Law

No. of lawyers Positive knowledge as Children do not get No idea about that
interviewed to children get adequate legal issue
adequate legal assistance
assistance
37 09 21 07
Percentage 24.33 % 56.75 % 18.92 %
Source: Interview with Lawyers

Probation Officer

The role of probation officer is very significant in juvenile justice administration. The Children
Act, 2013 attributes much responsibilities on probation officer. They have duties and liabilities at
21
every stage of pre-trial and post-trial proceedings. According to the Act, judges have to consider
the social enquiry report provided by the probation officers before passing any order. After
scrutiny of some case laws, reports and research articles, it is realized that the report of the
probation officer is not considered with much importance since the post of probation officer is
not institutionalized. Probation officers are appointed under the Social Service Department and
their number is very few. In most of the districts, social welfare officer has to perform the job of
the probation officer. In addition to this, probation officers are overburdened (Rahman, 2003).
That is why, the probation officers fail to prepare the report without much commitment and
responsibility. The Children Act clearly states that there must be a fine coordination between the
probation officers and police officers. But, such coordination is usually absent in actual cases.

Bail of Children in Conflict with the Law

Under the Children Act, the CAPO of a police station has the authority to release a child on bail
either for bailable or non-bailable offence with or without surety under the supervision of child’s
parents or guardians. This provision potentially gives broad scope for the police to prevent
children from being unnecessarily detained in police lock-ups. However, in practice, this
authority is rarely used, reportedly because police are unaware of the law, or do not have the
resources to trace parents. The law itself places restrictions on their authority, stating that the
police should not release a child if it will “bring the child into association with notorious
criminals or expose him to moral risk or where release would defeat the ends of justice.” These
grounds are very broad and do not promote the minimum use of detention. (UNICEF, 2006).

Inadequate Facilities in the Correctional Institutes

The correctional institutes play a vital role for rehabilitation and reintegration of juveniles in the
society. There are only three correctional institutes in the name of ‘Kishore Unnayan Kendra’
(KUK) throughout Bangladesh which are insufficient for accommodating increasing number of
juvenile delinquents. Besides, the facilities which are provided by the KUKs are not sufficient
for the juvenile inmates. The rehabilitation programs are insufficient. Also there is lack of
modern training such as computer literacy, fashion design, interior design and other market need
training. The problem is more acute in health, hygiene, water, sanitation and religious facilities
(Ferdousi, 2012). 

Table 07: Insuficiency of the three KUKs in Bangladesh

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 Respondents Yes No Total

Staffs of KUKs 4 18 22

Police officers 12 8 20

Lawyers 2 8 10

Judges of ordinary courts -- 8 8

Juvenile court personnel 2 4 6

Policy makers 9 3 12

Training Institute Officials -- 6 6

NGO officers -- 16 16

Total 29 71 100

Percentage 29% 71% 100%

Source: Ferdousi, 2012. p. 147.

Diversion and Alternative Care

The Children Act, 2013 provides diversionary measures instead of formal trial procedure. It also
provides for alternative care for the benefit of disadvantaged children and children in contact
with the law. These provisions are regarded modern dimensions of juvenile justice
administration. But in practice, such measures are rarely adopted.

Compensation to the Victim

The concept of restorative justice has been incorporated by the children Act, 2013. The Act
provides that the victim child must be compensated by the wrongdoer. But till to date, not any
single case is found where compensation has been awarded to the victim child. The judges and
lawyers who are interviewed in this regard, neither of them has been able to refer any such case
or incident.

Non-compliance with the International Standard

23
Though Bangladesh has signed and ratified the UNCRC, it has not yet incorporated all the
provisions of the UNCRC into the national laws. Also, there are no clear mechanisms in the legal
system of Bangladesh to incorporate the principles of international conventions and rules at
national level. So, children are deprived of world standard facilities and opportunities. Majority
respondents who have been interviewed regarding the implementation of the UNCRC and other
international child rights instruments, have expressed that the instruments including UNCRC are
not adequately implemented. The following table will give a clear idea about this:

Table 08: Implementation of UNCRC and Other International Instruments

Respondents Implemente Implemente No Actual Total

d fully d partially Implementation

Police officers 01 05 04 10

Lawyers 02 18 02 22

Judges of ordinary courts 00 09 00 09

Post graduate law students 06 34 08 48

NGO officers 00 05 01 06

University teachers 00 04 01 05

Total 09 75 16 100

Source: Interview with Respondents

Barriers Standing in the Way of a Sound Juvenile Justice System in

Bangladesh

Though Bangladesh enacted a comprehensive full-fledged Children Act in 2013, she has a long
way to go in the expedition towards achieving a child friendly juvenile justice system. The major
constraints that have been identified in the present juvenile justice system are the following:

Existing Legal Framework

24
 Besides the Children Act, 2013 there are many legislations like The Arms and Explosive Act,
1878, The Women and Children Repression Prevention Act, 2000 and The Special Powers
Act, 1974 etc. under which child offenders are also tried. This inconformity among child
related laws is a big constraint in the way of a separate child-centred justice system.

 Though the Children Act, 2013 is a pragmatic enactment still it lacs some beneficial
provisions needed for the juvenile offenders.

Regarding Juvenile Courts

 Though the Children Act, 2013 provides for the establishment of separate juvenile courts in
every sessions division but there is no adequate number of juvenile courts in the country.

 The juvenile courts sit for a very limited period of time which is also not maintained
regularly;

 Most often juveniles are tried jointly with adults by ordinary courts;

 Child friendly environment inside the court is often absent and the attitude of the court
officials is not child oriented;

 Juveniles are kept in cohabitation with adults at various stages of judicial process;

 Juveniles frequently undergo sentences of imprisonment when they are punished by the
ordinary courts like adults;

 Most of the time juvenile offenders are treated under the Code of Criminal Procedure (CrPC)
1898 and the Penal Code (PC) 1860 by the ordinary courts.

Attitude and Motivation on the Part of the Judges and Magistrates

 Judicial magistrates are not properly trained on juvenile justice.

 The magistrates have a tendency to follow the Code of Criminal Procedure rather than the
procedure laid down in the Children Act. They rely more on police report rather than the
report of the probation officer concerning juvenile cases.

 The lack of motivation of magistrates to protect and ensure the interest of the juvenile is also a
bar to distribution of justice. A very few magistrates have knowledge about criminology and
child psychology.

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 Pre-occupied mentality about the juvenile offenders by the judicial officers is evident.

 Some of the magistrates are unaware that there is a law called ‘The Children Act’ regarding
juvenile matters. Though some of them know about the existence of this specific law but do
not know their obligations mentioned in it.

 The magistrates are often unable to apply their judicial mind while disposing cases of
children.

Infra-structural Deficiency in the Police Station

 In most of the police stations, there is no separate register for recording all the information
relating to a juvenile offender.

 In most of the police stations, there is no ‘Child Affairs Police Officer’ (CAPO) and ‘Child
Friendly Police Unit’ as per the requirement of the Children Act, 2013.

 Due to absence of separate lock-ups, most of the time juveniles are kept with adult criminals
in the general lock-ups in the police station.

 There is no separate investigation cell to investigate confidentially the offence committed by

juveniles.

 There is no separate vehicle and separate escorts for transferring a child to the children’s
court.

Commitment of the Law Enforcing Agencies

 Police officers fail to follow the procedure specifically before, after and during arrest of a
child.

 There is a lack of motivation among police, especially among the field level officers regarding
juvenile cases.

 Due to lack of specific child law-oriented training program, most of the police officers have
poor knowledge about child related laws.

 Proper age of the juveniles is not recorded correctly by the police officers.

26
 Juvenile offenders are often subjected to physical and psychological torture during arrest and
interrogation by the police officers.

 Like judicial officers, the police have a tendency to generalize adult offenders and juvenile
offenders as a result of preoccupied mentality.

 Generally, many of the police officers are engaged in corrupt practices. They can easily get
bribe from adult offenders but the juveniles cannot give them bribe for their release.

 Supervision mechanism in the police department is not strong enough to supervise the matters
relating to the arrest of juveniles strongly.

 There lies a conflict of designation and superiority complex always between police officers
and probation officers.

Problems in the Certified Institutes (Kishore Unnayan Kendra - KUK)

 Throughout Bangladesh, there are only three Kishore Unnayan Kendras (KUKs) as
correctional institutes which are not sufficient for total number of juvenile delinquents.

 There lies a communication problem between the courts and the KUKs.

 The rehabilitation programmes are insufficient inside the KUKs.

 The care and protection facilities inside the KUKs are also insufficient for the juvenile
offenders.

 Guardian referred cases and police cases are not kept separately in the KUKs.

 Secured separate trials and camera trials are not often available in the juvenile courts in the
KUKs.

 Juvenile offenders do not always get adequate legal aid services.

 Crisis of manpower to deal with the affairs of the juveniles in proper manner is the main
obstacle in this regard.

Barriers Regarding Coordination among Concerned Authorities

27
 There is no coordination among the personnel of police station, judicial officers, KUK
officials, jail authority, public prosecutors, engaged lawyers and the probation officers.

 There is also lack of inter-sectoral coordination among concerned ministries and

administration of juvenile justice system.

8.8 Social Constraints

 When children get involved into illegal activities, their family and society ignore them instead
of rendering guidance and treatment. As a result, they cannot come back to normal life.

 In Bangladesh, most of the people are not conscious enough about juvenile delinquency,
juvenile corrections and correctional institution.

 There is no realistic reintegration programmes for released delinquents in the society. As a

result, they get back into unethical activities again.

Other Constraints

 A specific mechanism for determining the age of juveniles on arrest is absent. That is why,
verification of age of juveniles has never been taken seriously in the administration of juvenile
justice in Bangladesh.

 The Children Act came into force in 2013 but still there is no formation of Juvenile Welfare
Boards as per the requirement of the Act.

 The Juvenile Welfare Boards deal primarily with children who are disadvantaged or in contact
with the law. They have no function in adjudicating allegations against children in conflict
with the law. Hence, there is no independent non-judicial forum as contemplated by the
UNCRC to deal with children in conflict with the law.

Recommendations to Establish an Effective Juvenile Justice System in

Bangladesh

The following initiatives should be taken to improve the conditions of children in conflict with
the law and improve the juvenile justice system:

Legislative Propositions

28
 Though the Children Act, 2013 is a full-fledged pragmatic enactment, it still lacks some
beneficial provisions like ‘Explicit preference for community based rehabilitation’,
‘Community and NGO involvement’, ‘Clear separation between child offenders and children
in need of protection’ etc. So, these provisions must be included in the Act through
amendment.

 Inconformity among child related laws should be removed.

 It is high time to make a separate juvenile welfare Rules that addresses the issue of special
protection, development, rehabilitation and reintegration of juveniles in the society.

 There must be clear characterization between children in conflict with the law and children in
need of protection in legislation, policies, guidelines and institutional care.

 Age of children must be uniform.

 The minimum age of criminal responsibility should be increased with a view to enabling a
large number of children to escape the clutches of the justice system.

 There should be statutory prescription as to that:

– Arrest of children under the preventive law should statutorily be prohibited;

– Imprisonment should generally be avoided for juveniles;

– Arrest of a child in conflict with the law should be used only as a matter of last resort and
for the shortest possible period;

– Any sentence imposed on a child shall be proportionate to the gravity of the offence and to
the circumstances and needs of the child.

– Possibility of a child being subject to adult punishment should be ruled out by legislative
intervention. It is, therefore, recommended that even if a child is subjected to punishment, the
quantum of punishment should be not more than one-third of adult punishment.

Administrative Approaches

 According to strict provisions of the Children Act, 2013, three types of juvenile boards,
namely: National Board, District Board and Upazilla Board must be established immediately.

 Separate children’s court must also be established at every sessions’ division.

29
 A specific mechanism must be introduced without delay for determining the age of children
in conflict with the law after they are arrested and brought to the police station.

 Adequate number of remand homes and places of safety for children in conflict with the law
must be set up in the vicinity of police stations.

 The government should prepare a yearly report on the situation of the children justice system
of the country. This report should be meant to be placed and discussed before the parliament
and also be made available to the public.

 Initiative should be taken to improve and increase logistic support in the police stations,
particularly for evidence collection, preservation and investigation.

Judicial Reforms

 Every stage of juvenile justice process like arrest, trial, detention and rehabilitation must be
made child-friendly or child-convenient.

 The attitude of the court officials should also be child-friendly.

 Judicial magistrates should rely more on the social enquiry reports of the probation officers
rather than police reports.

 Judges and magistrates should be adequately trained on juvenile justice, child psychology
and criminology.

 Pre-occupied mentality of the judges and magistrates about the juvenile offenders must be
changed.

Proposals for Law Enforcing Agencies

 ‘Child Affairs Police Officer’ and ‘Child Friendly Police Unit’ must be immediately
instituted and employed at every police station.

 Separate register must be maintained for children in conflict with the law.

 Separate lock-ups must be built for children and more specifically separate cell for girl
children at every police station.

 There should be separate vehicles, separate escorts and separate investigation cell for
children in conflict with laws.

30
 The police officers must be imparted proper training on juvenile justice and child related
laws.

 The attitude of the police officers towards juvenile delinquents must be more child friendly.

 Police officers should properly inform local probation officers about the children arrested by
them.

 Supervision mechanism in the police department must be strong enough to supervise the
matters relating to arrest of juveniles.

 Adequate number of female police officers must be employed at every police station for girl
children in conflict with the law.

 ‘Special Helpline Police Service’ should be introduced.

Regarding Advancement of Correctional Institutes/Child Development Centres (KUKs)

 Sufficient number of Correctional Institutes or Child Development Centres must be set up

since there are only three correctional institutes (Kishore Unnayan Kendra) which are not
adequate for increasing number of juvenile delinquents.

 There must be arrangements for sufficient educational and vocational programmes for the
delinquents for the purpose of their actual rehabilitation and reintegration. Quality of
education should be improved and there must be opportunity of higher education. Vocational
skills should be relevant, competitive and linked to market needs.

 Care and protection facilities inside the KUKs should be increased. Privileges and facilities
along with healthy, balanced and nutritious diet and hygiene sanitation facilities must be
ensured in the KUKs.

Coordination among Concerned Agencies

 There must be coordination among the police officers, KUK authorities, judicial officers,
public prosecutors, engaged lawyers and the probation officers.

 Co-operation and partnership with the Ministry of Law, Justice and Parliamentary Affairs,
Ministry of Social Welfare, Ministry of Women and Children Affairs and other sectors such
as NGOs, Development Partners and UN Agencies must be strengthened.

31
Social Propositions

 Many more awareness raising programmes must be launched to make common people
conscious about demoralization of children, juvenile delinquency and juvenile reformation.

 The attitude of common people towards the juvenile delinquents must be changed. The
family and society should not ignore them, rather they should be given due care, guidance
and treatment so that they can return to their normal lives.

 Specific socialization and re-integration programmes for released delinquents through the
family, community, schools and voluntary organizations must be arranged.

Others

 Specific mechanism must be introduced in the legal system of Bangladesh to incorporate the
principles of international conventions at national level.

 Legal representation of children in conflict with the law must be ensured.

 Development of non-custodial alternatives should be prioritized.

 Diversion and restorative justice approaches should be promoted to resolve minor crimes
outside the formal system through police cautioning, mediation or referral to a community-
based diversion program, reserving arrest and court proceedings for children who commit
serious crimes. A study of salish, village courts and other informal dispute mechanisms
should be undertaken to ensure respect for the rights of children.

 We have no comprehensive national data bank containing the information of various aspects
of children justice system of the country. No national data bank is available as to age, sex,
socio-economic background, arrest, bail, charge, legal representation, length of detention
pending trial, punishment and acquittal of the children in conflict with the law. It is,
therefore, recommended that efforts should be made to record police-station based, court
based and children based data.

 Every estate needs an independent human rights institution with responsibility for promoting
and protecting children’s rights. Hence, establishment of ‘Independent Child Rights
Commission’ is recommended.

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Conclusion

From the above discussion, it is clear that statutory provisions have been developed in order to
safeguard the rights and interests of the juvenile offenders in Bangladesh but there are wider
gaps between the legislative provisions and current practices. Actual upgradation of juvenile
justice system fails to achieve a set standard due to partial and inadequate implementation of the
provisions of law. The deficiencies and inadequacies may be removed through effective
amendments in related sectors. The proper approach has to be involving all actors from the outset
and lay special emphasis on cooperation and coordination among relevant agencies. Significant
reforms are also necessary to ensure complete compliance with the UNCRC and UN Guidelines.
Today’s children are tomorrow’s citizens. The children may become good, obedient and
dedicated citizens if they receive proper care, guidance, attention and training. The prime
objective of juvenile justice administration should be arranged in such a way that it may ensure
the utmost well-being of children in conflict with the law and eventually they can play a
significant role for the family, society and State.

33