Laws for everyday life
Justice system for young delinquents
There is no denying that a separate and sensitised justice administration system is required to deal with delinquent children. The Convention on the Rights of the Child (CRC) obliges state parties to “recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for human rights and fundamental freedoms of others and which takes into account the child's assuming a constructive role in society”.
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Acts that qualify as crimes in the eyes of law are not typical of any particular age group. Any person of any age can do things that may fall within the legal definition of crimes. Children are no different. In every legal system a minimum age is set for incurring criminal responsibility. In layperson terms, children below this age would not have to take responsibility for their deeds, be it a misdeed. Then, what will happen to those that are beyond this age limit but are still children? They must be brought to the justice system but not with the same rigor which is applied to adult criminals.
There is no denying that a separate and sensitised justice administration system is required to deal with delinquent children. The Convention on the Rights of the Child (CRC) obliges state parties to “recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for human rights and fundamental freedoms of others and which takes into account the child's assuming a constructive role in society”.
The law dedicated for this purpose in Bangladesh is the Children Act, 1974. In this law a 'child' is defined as a person under the age of sixteen years of age. Though the provisions of this Act for treating juvenile delinquents are not in line with the internationally recognised standards in many respects, the below provisions are worth-reading:
THE CHILDREN ACT, 1974
Juvenile Courts
3. Notwithstanding anything contained in the Code, the Government may, by notification in the official Gazette, establish one or more Juvenile Courts for any local area.
Powers of juvenile courts, etc
5. (1) When a Juvenile Court has been established for any local area, such Court shall try all cases in which a child is charged with the commission of an offence and shall deal with and dispose of all other proceedings under this Act, but shall not have power to try any case in which an adult is charged with any offence mentioned in Part VI of this Act.
(2) When a Juvenile Court has not been established for any local area, no Court other than a Court empowered under section 4 shall have power to try any case in which a child is charged with the commission of an offence or to deal with or dispose of any other proceeding under this Act.
(3) When it appears to a Juvenile Court or a Court empowered under section 4, such Court being subordinate to the Court of Session, that the offence with which a child is charged is triable exclusively by the Court of Session, it shall immediately transfer the case to the Court of Session for trial in accordance with the procedure laid down in this Act.
No joint trial of child and adult
6. (1) Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any offence together with an adult.
(2) If a child is accused of an offence for which under section 239 of the Code or any other law for the time being in force such child but for the provisions of sub-section (1) could have been tried together with an adult, the Court taking cognisance of the offence shall direct separate trials of the child and the adult.
Sittings, etc of juvenile courts
7. (1) A Juvenile Court shall hold its sittings at such places, on such days and in such manner as may be prescribed.
(2) In the trial of a case in which a child is charged with an offence a Court shall, as far as may be practicable, sit in a building or room different from that in which the ordinary sittings of the Court are held, or on different days or at different times from those at which the ordinary sittings of the Court are held.
Adult to be committed to sessions in a case to be committed to sessions
8. (1) When a child is accused along with an adult of having committed an offence and it appears to the Court taking cognisance of the offence that the case is a fit one for committal to the Court of Session, such Court shall, after separating the case in respect of the child from that in respect of the adult, direct that the adult alone be committed to the Court of Session for trial.
(2) The case in respect of the child shall then be transferred to a Juvenile Court if there is one or to a Court empowered under section 4, if there is no Juvenile Court for the local area, and the Court taking cognisance of the offence is not so empowered:
Provided that the case in respect of the child shall be transferred to the Court of Session under section 5 (3) if it is exclusively triable by the Court of Session in accordance with the Second Schedule of the Code.
Presence of persons in juvenile courts
9. Save as provided in this Act, no person shall be present at any sitting of a Juvenile Court except-
(a) the members and officers of the Court;
(b) the parties to the case or proceeding before the Court and other persons directly concerned in the case or proceeding including the police officers;
(c) parents or guardians of the child; and
(d) such other persons as the Court specially authorises to be present.
Dispensing with attendance of child
11. If at any stage during the hearing of a case or proceeding, the Court is satisfied that the attendance of a child is not essential for the purpose of the hearing of the case or proceeding, the Court may dispense with his attendance and proceed with the hearing of the case or of the proceeding in the absence of the child.
Factors to be taken into consideration in passing orders by courts
15. For the purpose of any order which a Court has to pass under this Act, the Court shall have regard to the following factors:-
(a) the character and age of the child;
(b) the circumstances in which the child is living;
(c) the reports made by the Probation Officer; and
(d) such other matters as may, in the opinion of the Court, require to be taken into consideration in the interest of the child:
Provided that where a child is found to have committed an offence, the above factors shall be taken into consideration after the Court has recorded a finding against him to that effect.
Reports of probation officers and other reports to be treated confidential
16. The report of the Probation Officer or any other report considered by the Court under section 15 shall be treated as confidential:
Provided that if such report relates to the character, health or conduct of, or the circumstances in which the child or the parent or guardian of such child is living, the Court may, if it thinks expedient, communicate the substance thereof to the child, or the parent or guardian concerned and may give the child or the parent or guardian of such child an opportunity to produce evidence as may be relevant to the matters stated in the report.
Prohibition on publication of report disclosing identity, etc, of child involved in cases
17. No report in any newspaper, magazine or news-sheet nor any news giving agency shall disclose any particular of any case or proceeding in any Court under this Act in which a child is involved and which leads directly or indirectly to the identification of such child, nor shall any picture of such child be published:
Provided that, for reasons to be recorded in writing, the Court trying the case or holding the proceeding may permit the disclosure of any such report, if, in its opinion, such disclosure is in the interest of child welfare and is not likely to affect adversely the interest of the child concerned.
Establishment and certification of Institutes
19. (1) The Government may establish and maintain training institute for the reception of children and youthful offenders.
(2) The Government may certify that any training institute not established under sub-section (1) or any industrial school or other educational institution is fit for the reception of children or youthful offenders.
-- Compiled by Law Desk.
