HC asks 2 secys to explain why Children Act not amended yet

The High Court today summ­oned two secretaries to appear before it on November 12 for explaining why the government did not amend the Children Act, 2013 despite ambiguity over trying an adult accused under this law.

Secretaries to the legislative and parliamentary affairs division of the law ministry, and the social welfare ministry have been ordered to place explanation in black and white on November 12 on the progress of making amendment to the law.

Justice M Enayetur Rahim and Justice Shahidul Karim passed the order during hearing of a rule issued earlier asking the government to explain why a contempt of court rule should not be issued against it for not complying with its previous order.

The court also rebuked the officials concerned including its superintendent Rafiqul Islam Khan for not sending its earlier summons order to the social welfare secretary on time.

The same bench on October 15 had directed the social welfare secretary to appear before it today for his explanation on the progress of amendment of the law. But, the welfare secretary did not appear before the HC today as his office did not get the copy of the HC order.

Barrister Ashikur Rahman, the lawyer for the social welfare secretary, told the HC that his client did not get its order.  

Under the Children Act, 2013, only the Child Court is empowered to hold trial of an offence if a child is a victim or a witness in a case. However, the law does not specify which court is supposed to hold the trial if an adult is accused in a case under this law.

Earlier, on August 14 last year during hearing four bail petitions, the HC had ordered secretaries to the law and justice, legislative and parliamentary affairs divisions under the law ministry, and the social welfare ministry to explain the “ambiguity” in the Children Act, 2013 over the holding of trial of an adult accused in a case filed under this law.

As they did not provide any explanation, the HC on October 31 last year asked the three secretaries to explain in three weeks why a contempt of court rule should not be issued against them for not complying with its previous order issued last year on August 14.

As the secretaries did not respond to the order, the HC on October 15 issued the summon against the social welfare secretary.