Juvenile Laws at Bangladesh
In Bangladesh, juvenile justice is governed by a combination of national laws and international conventions aimed at protecting the rights of children and ensuring their rehabilitation. The legal framework is designed to treat juveniles differently from adults, with a focus on rehabilitation, education, and social reintegration.
Here's a detailed overview of juvenile laws in Bangladesh:
📌 1. Legal Definition of a Juvenile
In Bangladesh, a juvenile is typically defined as a person under the age of 18.
Criminal responsibility begins at the age of 9, but those under 18 who commit crimes are treated according to juvenile justice laws, which focus on rehabilitation rather than punishment.
⚖️ 2. Legal Framework for Juvenile Justice
The legal framework governing juvenile justice in Bangladesh includes:
The Children Act, 2013: This is the primary legislation that protects the rights of children, including juvenile offenders. It establishes the principles for the care, protection, and rehabilitation of children who are in conflict with the law.
The Penal Code of Bangladesh (1860): Although the Penal Code applies to all individuals, juveniles (defined as persons under 18) are treated differently under the Children Act and special juvenile courts.
The Juvenile Justice (Care and Protection of Children) Rules, 2018: These rules outline the procedural framework for handling juvenile cases and aim to ensure that the treatment of juveniles is in line with the provisions of the Children Act, 2013.
The United Nations Convention on the Rights of the Child (CRC): Bangladesh is a signatory to the CRC, which influences the juvenile justice system by requiring the country to ensure that the best interests of children are paramount in all decisions concerning them, including in legal matters.
🧑⚖️ 3. Juvenile Court System
Juvenile courts in Bangladesh are specialized courts designed to handle cases involving minors.
Juvenile Justice Boards (JJB): The Children Act, 2013 established Juvenile Justice Boards in every district. These boards are responsible for conducting hearings, determining the course of action for juvenile offenders, and ensuring that children are treated in a manner that reflects their age and developmental stage.
Family Courts: In some cases, family courts may handle matters involving juvenile offenders, particularly those related to child protection, custody, and guardianship.
🚨 4. Criminal Responsibility and Sentencing
Criminal Responsibility:
Children under 9 years old cannot be held criminally responsible in Bangladesh.
Children between 9 and 18 years old can be held responsible for criminal acts, but they are generally treated differently from adult offenders. The law recognizes the limited culpability of juveniles and emphasizes rehabilitation over punitive measures.
Sentencing: Juveniles found guilty of criminal offenses are typically not sentenced to imprisonment. Instead, the focus is on rehabilitation through:
Probation
Community service
Reformatory or rehabilitation centers
🏛️ 5. Arrest and Detention
Police handling: When a juvenile is arrested, the police must inform the juvenile's guardian or parent immediately. The child cannot be detained with adults and must be separated from adult prisoners.
Detention:
Juveniles cannot be held in regular police custody or prison cells. If detention is required, they must be placed in a juvenile home or correctional facility designed specifically for minors.
Pre-trial detention should be limited, and juveniles should be kept in detention only if absolutely necessary and for the shortest possible time.
🧑⚖️ 6. Juvenile Court Procedures
Special procedures: Juvenile cases in Bangladesh are handled under child-sensitive procedures to ensure that the minor's rights are protected. These procedures aim to avoid re-traumatizing the child and to provide a platform for rehabilitation.
Legal representation: Juveniles have the right to legal representation, and in some cases, the state provides lawyers for minors who cannot afford them.
Confidentiality: The proceedings of juvenile cases are private, and the identity of the minor is protected to prevent further harm or stigma.
Diversion: For less serious offenses, the juvenile justice system in Bangladesh encourages diversion programs, such as counseling, family therapy, and education-focused interventions, rather than court trials.
🚸 7. Juvenile Protection and Welfare
Care and protection: Juveniles who are victims of abuse, neglect, or exploitation are treated under the Child Protection Act. Such minors may be placed in foster care, residential care, or child shelters where they can receive the necessary care, protection, and rehabilitation.
Best interests of the child: The best interests of the juvenile are paramount in all decisions, both in the criminal justice system and in cases of child protection.
Restorative justice: Bangladesh has made efforts to integrate restorative justice principles, where the focus is on repairing harm done by the juvenile and reintegrating them into the community.
🏥 8. Juvenile Rehabilitation Programs
Rehabilitation programs: Bangladesh provides a range of rehabilitation programs aimed at the social reintegration of juvenile offenders. These programs include:
Vocational training and education.
Psychosocial support and counseling.
Family support services to help reintegrate the juvenile into a healthy family environment.
Juvenile homes: Juvenile offenders are often placed in juvenile homes where they receive care, education, and counseling. These homes are supposed to operate under rehabilitative principles, offering a constructive environment for minors.
💡 9. International Standards
Bangladesh is a signatory to several international conventions and treaties aimed at ensuring the protection of children, including:
The United Nations Convention on the Rights of the Child (CRC).
The Hague Convention on the Civil Aspects of International Child Abduction.
The International Covenant on Civil and Political Rights (ICCPR), which ensures that minors are treated in accordance with their rights under international law.
These agreements influence Bangladesh's legal framework, encouraging practices that align with global standards for juvenile justice and child welfare.
✅ 10. Challenges in the Juvenile Justice System
Despite the positive framework in place, several challenges remain in the juvenile justice system of Bangladesh:
Overcrowded juvenile homes: There is often limited capacity in juvenile homes, leading to overcrowding and insufficient resources for rehabilitation.
Lack of awareness: There may be a lack of awareness and training among law enforcement, judges, and social workers about the specific needs of juveniles and how to handle cases effectively.
Cultural and societal factors: The stigma surrounding juvenile delinquency and the lack of resources for community-based rehabilitation programs may contribute to the criminalization of children in society.
Rehabilitation: Although rehabilitation is the primary goal, the resources for effective rehabilitation programs are often limited, which hinders the reintegration of juvenile offenders into society.
✅ Summary of Juvenile Laws in Bangladesh
| Feature | Status in Bangladesh |
|---|---|
| Age of Juvenile | Under 18 |
| Criminal Responsibility | Begins at age 9; Juveniles aged 9-18 are treated differently from adults |
| Juvenile Court System | Juvenile Justice Boards in each district, specialized procedures |
| Detention | Juveniles are kept in juvenile homes, not regular prisons |
| Sentencing | Focus on rehabilitation, probation, and community service |
| Legal Rights | Right to legal representation, confidential proceedings |
| Rehabilitation Programs | Vocational training, counseling, family support |
| International Compliance | Signatory to the UN CRC and other international child rights treaties |
RELATED Blog
0 comments