Juvenile Justice System In Bangladesh: A Critical Evaluation

CHAPTER 3: RESULTS

General Conceptions Of Juvenile Delinquency

The term ‘juvenile’ refers to or is meant for young individuals, including those who have committed crimes.
The name ‘Juvenile’ comes from the French word ‘juveniles’, which implies a youthful person. Its first use occurred in 1625.To understand the meaning of juvenile, we must first understand what it means to be a child. A juvenile is described as a child or young person who, under the applicable legal system, may be prosecuted for an offense in a manner that differs from an adult. As a result, a juvenile offender is a kid or young person who is accused of or has been shown to have committed an offense.

Section 2 (I) of the JJA, 2000 defines a ‘Juvenile in conflict with the law’ as a juvenile who is accused of committing an offence but has not reached the age of 18 as of the date of commission. According to Section 2(b) of the JJSO, 2000, a ‘child offender’ is someone who is under the age of 18 when they commit an offense.

Meaning of Juvenile Delinquency

The term ‘delinquency’ comes from the Latin word ‘delinquer’, which meaning ‘to omit.’ The Romans used the phrase to denote to a person’s failure to complete a given work or obligation (Hussain 2010). Juvenile delinquency, often known as ‘juvenile offending’, is the participation of juveniles in illegal action. Depending on the nature and severity of the offense, people under the age of 18 may be charged and tried as adults (Eadie. T. & Morley 2009).

The Penal Code of 1860 declares that nothing is an offence done by a child below the age of 9 years of age. Again, it is in the code that nothing is done by a child of above 9 years and below 12 years, is an offence if he has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct 28 of that occasion. In the case of State v. Secretary, Ministry of Home Affairs,” “the court declared that any police should not arrest a child below the age of nine years since that child would be immune from prosecution. Juvenile delinquents are criminals, both boys and girls, who are often under the age of 16 (The Children Act,1974). For these solid reasons it can be said that the juvenile delinquent in Bangladesh is an offender of 12–16-year boy or girl in every case and where the child can understand the nature and consequences his/her act.

The Second United Nations Congress on the Prevention of Crime and Treatment of Offenders (1960)20 states, “Juvenile delinquency should be understood by the commission of an act which, if committed by an adult, would be considered a crime.” (Noman 2018)

Types of Juvenile Delinquency

Theorists grouped juvenile delinquency into distinct categories. Hirsh, a criminologist, grouped juvenile delinquency into five types based on the type of crime. They are:

1. Incorrigibility.
2. Truancy.
3. Larceny
4. Destruction.
5. Violation.
6. Sex offence.

Eaton and Polk divided juvenile delinquency into five categories based on the types of crimes: They are:

1. Minor violations. Such as, abnormal behavior, illegal dealings etc.
2. Major violations such as, car theft.
3. Property violations, such as, theft of the corps of another.
4. Addiction, such as smoking, drinking, drugs etc.
5. Bodily harm, such as, homicide.

Historical Background Of Juvenile Justice System

Origin of Juvenile Justice System:

The inclination for juvenile delinquency has existed throughout history. In early Europe, both adults and juveniles were treated equally when convicted. Under the doctrine of common law, the legal system brought from Britain by American colonies, child aged 7 or older would face the same 16 penalty as an adult. In Norway, adults who steal may lose both hands, while children may lose one hand as a penalty. (Mennel 1973)

However, the United States of America is a pioneering country in juvenile justice. In the late nineteenth century, social reformers began to set up special facilities for disturbed children. Though Illinois established a distinct criminal justice system in 1899, much had changed by 1909, when Judge Julian Mack famously suggested in a Harvard Law Review essay that a juvenile offender should be dealt “as a wise and merciful father handles his own child”. However, the provision of a special court and treatment was quickly repeated across the country and spread outside to Britain (1908), France (1912), Spain (1918), and the Netherlands (1921) (Shah 2017). The Geneva Declaration, approved by the League of Nations in 1923, drew the first worldwide attention to child protection (Sarker 1988).

Finally, following the effective foundation of the United Nations in 1945, children’s interests as a human rights-based agenda gained traction in a variety of international instruments. (Hossain 2008).

Today, the majority of United Nations member states maintain a separate court system for juveniles accused of crimes. They have the right to receive counseling that is appropriate for their age, circumstances, and requirements. (Hussain 2010)

Historical Context of the Juvenile Justice System In Bangladesh

Bangladesh has a lengthy history of enacting juvenile legislation, dating back to the British colonial period on the Indian subcontinent. During the British era, there was no coordinated push to safeguard children’s safety (Shah 2017). For the first time in India, the Apprentice Act of 1850 was passed, highlighting the necessity of safeguarding children’s rights. However, in British India, the Indian Jail Committee Report 1919-2020 was a watershed moment in the juvenile justice system’s long history (Sarker 1988). The committee advocated a separate trial system, the construction of a children’s court, and appropriate treatment mechanisms for juvenile offenders, as well as a precise probation system overseen by a probation officer (Shah 2017). It follows that the Madras Children Act, 1920, the Bengal Children Act, 1972, and the Bombay Children Act, 1924 were enacted (Hossain 2008)During Pakistan’s government, the Probation of Offenders Ordinance was passed in 1960, establishing probation services for juvenile delinquents.

In Bangladesh, there is no specific law on juvenile justice. Following Bangladesh’s independence, the Children Act of 1974 and the Children Rules of 1976 were enacted, which replaced all previous legal frameworks. These rules were enacted prior to the implementation of several international conventions and failed to provide a separate treatment system for juvenile delinquents and adult criminals during legal procedures. The Bangladeshi government recently approved the Children Act of 2013, which repealed the Children Act of 1974, in accordance with the principles of the CRC 1989. The newly passed Children Act of 2013 is the fundamental law dealing with children in need of safety and care, as well as children in conflict with the law and order of the country (Noman 2018). (Rahman 2008)

Necessity of a Separate Justice System for Juvenile

There are compelling grounds for a distinct legal system for young people under the age of 18, as well as different and higher standards for children in conflict with the law than for adults. All of the reasons for special treatment revolve around the fact that children and adolescents are in a developmental stage: what happens to them, or does not happen to them, at each stage of the law enforcement process not only affects them in the present, but also shapes their future development, for better or worse. States must respond to juveniles’ criminal activities, both for the sake of society and the offender (Hussain 2010). While enforcing laws, the state must prioritize two objectives: preventing harm to young people’s health and promoting healthy development.
These goals are inextricably linked. By avoiding injury and supporting healthy growth, we respect the young person’s human dignity in the present moment while also increasing their possibilities of rehabilitation and reintegration into society. (Rahmn 2008)

Causes Behind Juvenile Delinquency In Bangladesh

Lack of parental control, poverty, migration, broken families, Social transition, surrounding environment, and the impact of action movies are all the main factors influencing or causing juvenile delinquency in Bangladesh. A large number of young people are migrating from their villages to Dhaka and other cities because to domestic problems, rural poverty, landlessness, and violence. They are picked up by pickpockets, shopkeepers, hotel owners, pimps, and hooligans (Riaduzzaman 2017). Street children are exploited by older children, adults, and those in positions of control. Another severe issue is child trafficking, which occurs both within and beyond the country. Furthermore, children of sex workers, orphans, and other social outcasts are regarded as particularly susceptible (Woolard 2009). The causes of juvenile delinquency are shown below:

Lack of parental control:

According to a famous statement, “charity begins at home.” Children who get proper parental control and care are less likely to participate in illegal or antisocial behavior that is detrimental to society. Dysfunctional family structures defined by complicit, insufficient parental supervision, weak internal links, integration, and premature autonomy are strongly linked to juvenile delinquency. Indeed, children from underprivileged households, who have few possibilities for legitimate jobs and are more vulnerable to social rejection, are overrepresented among offenders (Riaduzzaman 2017).

Broken Family:

Broken families are a major contributor to juvenile offenders. Absence of a father or mother due to death or divorce may result in inadequate parental control, a lack of home discipline, a strained relationship between the parents, or the presence of a criminal among family members. Due to these issues, child’s mental development is incomplete, resulting in deviant conduct. Children aged 8 to 14 resort to crime when their parents fail to appropriately guide them (Dodge 2018).

Poverty:

Despite Bangladesh’s graduation to the first leg of a middle-income country, with a per capita income of $1314 and a GDP growth rate of over 7%, 30% of the total population of Bangladesh lives in abject poverty. Bangladesh has 65 million out of 130 million people (54 million in rural areas) living in absolute poverty, making it one of the poorest countries in the world. Bangladesh has the world’s highest population density, at 900 people per square kilometer. Half of Bangladesh’s population lives in extreme poverty and consumes fewer than 1,805 kilocalories a day. Bangladesh has an extremely high human deprivation profile (Brown (1998)). Because of massive economic differences, a large proportion of Bangladesh’s population lives below the minimum subsistence level. Many children engage in delinquent behavior as a result of economic pressure. Sociological research indicates that those with lower economic position are more likely to be arrested and incarcerated. Living conditions in and around villages and cities were never ideal. Rapid population expansion, as well as a high rate of urbanization, have accelerated the development of resources and the provision of infrastructure and services, resulting in additional deterioration. Most of the population is impoverished and unable to own or rent basic housing or afford basic services. As a result, we have urban overpopulation and slums, as well as poor rural living circumstances (Aaron 2010).

Social Transaction:

Bangladeshi traditional society, known for its agro-based economy and century-old villages, is changing as a result of urbanization and industrialization. The increasing industrialization and urbanization are blamed for a variety of socioeconomic problems. Sociologists and criminologists see delinquency as the product of a transitional period, during which the majority of the population transitions from peasants to industrial laborers. Bangladesh is still an agricultural-based country. Industrialization has not progressed as expected. Bangladesh’s civilization is rapidly changing as it transitions from agricultural to industrialization. When Bangladesh is pre-industrial, it is a hybrid society, neither wholly traditional nor fully modern. An assessment of economic, political, and religious organizations indicates a clash between traditional and modern principles, neither of which has a dominant role in people’s lives. This contradiction has led to anomie and increased predisposition to delinquent behavior (Afsaruddin 1993).

Migration

People are relocating from villages to cities due to river-related land loss and unemployment. They live in slums, on pavements, and on the streets, and they lack basic essentials. Usually, parents leave their home to fight for survival and leave their children uncared for and unprotected. In this situation, politicians exploited the children (popularly known as Tokai) to strike from dawn to dusk, and the children either picketed or ransacked cars or shop windows. Furthermore, thieves use juveniles in pickpocketing and petty theft (Kudrat-E-Khuda 2019).

Surrounding Environment and Company:

Juveniles may become delinquent as a result of bad company or their surroundings. They are too young to realize the long-term effects of their actions. They can become stuck in the surrounding environment of a slum or smuggling zone. Because of the wicked company, some minors travel to brothels, take drugs, and engage in various criminal acts.

Peer Influence:

Youth policies rarely take into account the peer group’s significance as a socialization institution. One’s peer group significantly influences the decision to commit a crime. For example, juveniles who do not meet the anticipated level of academic achievement or participate in sports or social programs may become lost in the competition. Families with children who cannot afford proper shelter and basic requirements may also fall into this trap. Many experts believe that these youngsters may quit their schoolmates in favor of criminal gangs, as involvement in a gang affects respect and status in different ways. In gangs, antisocial behavior and criminal activities gain respect and street cred.

Action Movie

It has been stated that children are more easily persuaded than adults. Young people also try to emulate whatever material they see, whether good or negative. Violence and sex represented in films, cartoons, video games, and pornography are said to have a harmful impact on young people’s attitudes. Some children may have committed violent crimes such as eve-teasing, murder, and rape because of being influenced by violent movies, horror films, and pornography. Ted Bundy, an iconic serial killer in the United States, admitted that his sexual perversion sprang from his childhood perusal of pornography.

International Instruments towards Juvenile Delinquency

Juvenile delinquency is not a new problem in the globe, but it is becoming increasingly aggressive. Considering the current scenario, several international treaties, norms, and guidelines have been developed to protect the legal rights of children who conflict with the law. The United Nations has taken several initiatives to establish treatment standards for delinquent children, including the UN Convention on the Rights of the Child, the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), the UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), the UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), Guidelines for Action on Children in the Criminal Justice System and many more.

The UN Convention on the Rights of the Child (UNCRC) 1989

The UNCRC Convention is a comprehensive international instrument that establishes a standard for state parties to follow when children engage in criminal activity and requires state parties to take all necessary steps to protect children from severe and degrading punishment or discrimination. The Convention also directs public and private social welfare bodies, courts, and other relevant administrative authorities to provide enough welfare resources to improve children’s rights. According to the CRC, state parties must ensure that minors under the age of 18 are not subjected to torture, cruel treatment, or detention, nor are they unjustly imprisoned. Such a child shall not be prosecuted alongside adults and must be allowed to maintain contact with relatives. According to the aforementioned article, if a kid under the age of 18 is deprived of his liberty, he has the right to contest that deprivation in court. According to the Convention on the Rights of the Child, any child on trial is presumed innocent unless proven guilty and has the right to legal help from their parents. A kid shall not be compelled to confess guilt, and if he or she does not understand the language of the court, an interpreter will be appointed. The Convention protects the child’s right to privacy at all stages of the proceedings. (Noman 2018)

Beijing Rules 1985

The Beijing Rules of 1985 place a strong emphasis on the establishment of a separate and specialized juvenile justice system, and they discourage the use of execution and corporal punishment for juveniles. These rules provide an education and care framework for children in custody during trial procedures. These regulations also direct the court to exercise discretion in the best interests of the children. The Beijing Rules of 1985 emphasized that the minimum age for accumulating criminal liability should not be set too low, and that the state should take measures to protect the privacy of juvenile offenders by keeping all relevant information confidential. Rule 12 of the Beijing Rules encourages the establishment of special police cells.

Riyadh Guidelines 1990

The UN guidelines place a greater emphasis on the comprehensive planning and efficacy of institutional crime-control organizations, making it easier to prevent adolescents from committing crimes. Similarly, the Riyadh Guidelines prohibit brutal and degrading punishments for juvenile delinquents.

Havana Rules 1990

The Havana Rules put tight restrictions on the confidentiality of all records connected to the trial of young offenders. The imposition of capital penalty on minor offenders for acts of cruelty or inhumanity is strictly prohibited. The Havana Rules mandate the state government to establish and manage a reasonable number of Child Development Centers for the reformation, training, and accommodation of juvenile offenders, as well as to maintain a basic quality of care in such institutions.

Statutory Laws of the Juvenile Justice System In Bangladesh

Bangladesh lacks an effective juvenile justice system. Instead, various laws, including rules for minors, clash with the law, creating confusion about which law should be enforced. Bangladesh, on the other hand, contains approximately 32 pieces of child-related legislation, eight of which specifically address children’s challenges, juvenile delinquency, diversion strategies, and the juvenile justice system. These laws include the Penal Code of 1860, the Child Marriage Restraint Act of 1929, the Children (Pleading of Labour) Act of 1933, the Suppression of Immoral Traffic Act of 1933, the Vagrancy Act of 1943, the Compulsory Primary Education Act of 2013, the Children Act of 2013, and the People’s Republic of Bangladesh Constitution. Children under the age of sixteen are protected from all forms of oppression by the Anti Women and Children Oppression (Amendment) Act, 2003. However, of all these laws, the Children Act 2013 is the most comprehensive one, covering child rights, delinquent and unruly children, their correction and diversion, and—above all—a juvenile justice system that is more lenient than Bangladesh’s justice justice system.

Constitution:

All people, including children, have the fundamental rights to life, personal liberty, equal treatment under the law, freedom from arbitrary arrest, and a speedy and fair trial, as provided by Articles 31, 32, and 35(3) of the Constitution. The supreme legislation governing the fundamental rights of Bangladeshi citizens is the 1972 Constitution of the People’s Republic of Bangladesh. The state has been ordered to provide particular treatment for women, children, and other underprivileged groups of people. Additionally, Article 15 outlines the state’s fundamental obligation to protect the right to social security.

The Code Of Criminal Procedure, 1898:

Bangladesh’s Code of Criminal Procedure (CrPC) of 1898 provides for a unique trial procedure for juvenile delinquents. This law forbids the joint trial of juvenile and adult offenders. Section 29B of the Criminal Procedure Code of 1898 requires that children be tried separately from adults in juvenile tribunals. Section 392 specifies how a juvenile offender under the age of sixteen can be punished by flogging, with a maximum of thirty strips. Section 399 contains provisions for the imprisonment of juvenile delinquents in the reformation system. If anyone under the age of fifteen is condemned to confinement, the court may decide that the perpetrator be placed in a reformatory institution rather than imprisoned. Under Section 497(1), any individual under the age of sixteen who is accused with a non-bailable offence may be freed on bail unless the charge against him is punishable by death or life imprisonment.

The Penal Code, 1860:

Section 82 of the code protects children under the age of 7/9 years from prosecution for his or her criminal behavior. According to Section 83, if a child aged 7/9 to 12 is convicted of an offense, it must be demonstrated that he or she possessed the maturity of understanding to determine the nature and consequences of the act committed. As per the Peal Code (Amendment) Act of 2004, the age of criminal responsibility was raised from 7 to 9 years, thereby protecting minors under the age of 9 from any court processes and making them not criminally liable for any offenses done before the age of 9.

The Children Act of 2013

The Children Act is the substantive law that governs juvenile offenders and their care. It covers juveniles in need of protection and children in conflict with the law. It regulates children’s custody, protection, and care, as well as the trial and punishment of juvenile offenders. Bangladesh just passed new legislation that repealed the Children Act 1974. It is officially called “Shishu Ain, 2013”. According to the preamble to the Children Act of 2013, it was adopted to implement the United Nations Convention on the Rights of the Child.

Overview on The Children Act, 2013:

Section 4: A child means a person aged 18 years or under the age of 18 years

Section 21: Whenever a person is brought before any criminal court and it appears to the court that he is a child, the court shall make an inquiry as to the age of that person and, for that purpose shall take such evidence as may be forth coming at the hearing of that case, and shall record a finding thereupon, stating his age as nearly as may be.

Probation Officer: The statute requires the government to appoint one or more Probation Officers in districts, upazilas, and metropolitan areas.

Child Welfare Board: A national child welfare board will be established. The minister of social welfare will serve as the board’s chairwoman. Boards at the district and upazila levels will also be established. The board’s presidents will be the District Commissioner and the Upazila Nirbahi official (sub-district executive official), respectively.

Child Help Desk: The Ministry of Home Affairs will establish Child Help Desks in police stations across the country. The desk will be looked after by an officer with the rank of sub-inspector or higher. The act outlines the obligations of the appointed police officer.
Charge Sheet: The act provides how to submit a charge sheet against youngsters. The act prohibits the submission of a single charge sheet that includes both adults and children.
Juvenile Court: At least one juvenile court will be established in the district or metropolitan region. If a case is filed against a kid, he or she will be tried in juvenile court for the crimes committed.

Arrest: The act states that no kid under the age of nine may be arrested, regardless of the circumstances. If a youngster over the age of nine is arrested, law enforcement officers may not use handcuffs or a rope around the child’s waist.
Individuals who exploit a kid in criminal operations will face a maximum five-year prison sentence, a Tk five lakh fine, or both.

Vagrancy Act, 1943

The Vagrancy Act protects the rights of vagrant children who ask for alms and rely on the support of others. Arresting and detaining such youngsters, as well as threatening them with bribery, is also arbitrary under this Act.

Probation of Offenders Act, 1964

Probation is simply a form of sentence suspension that permits offenders to escape imprisonment. The Probation of Offenders Act of 1964, as well as the Children Act of 2013, control the probation process for juvenile delinquents. Juveniles who are first-time or minor offenders are eligible for probation under this Act, regardless of age, behavioral, or mental condition. These adolescent delinquents will receive social education as part of the penal system while being supervised by probation officers.

Administration Of Juvenile Justice System In Bangladesh

Juvenile Court In Bangladesh

Bangladesh’s juvenile justice system is based on British laws. Separate trials for minors and adults has been established by the Bengal Code and Prisons Act of 1894. The Code of Criminal Procedure of 1898 provides that juvenile courts handle child trials. The Bengal Children’s Act of 1922 featured the same clause. (Karzon 2008)

According to the Children Act and the Code of Criminal Procedure, children can only be tried in juvenile courts, and no joint trial with adults can be held. Section 3 of the Children Act 1974 empowers the government to establish juvenile courts, and in the absence of a juvenile court, the following courts shall be empowered to work as juvenile courts:

• High Court Division
• Sessions Court
• Additional Sessions Court
• Sub-divisional Magistrate
• First Class Magistrate

Again, the Juvenile court shall have the following powers:

• It shall have the power to try any case in which a child is charged with the commission of an offence.
• It shall deal with or dispose of any other proceedings under this act.

As a result, Bangladesh’s criminal justice system now includes a separate court system for juvenile delinquents. There are certain fundamental differences between the standard criminal court and the juvenile court, as follows:

1. The Criminal Court trial involves two parties, but the Juvenile Court hearing only has one.
2. The purpose of a criminal trial is to ascertain if the accused committed the crime. On the other hand, the goal of the Juvenile Court hearing is to assess whether the kid is delinquent, as well as the youth’s general condition and character

• Limited procedures are maintained in Criminal Court for obtaining information regarding the character of the accused; on the other hand, information regarding the character of the accused minor;

Arrest, Bail, Detention, and Discharge

The Act of 2013 clearly prohibits arresting children under the age of nine in any condition.52 Again, section 44(2) states that no child shall be arrested or imprisoned under any law governing preventative detention. If the police determine that an offender is a child aged nine or older, or aged nine to twelve, and has the capacity to understand the nature and consequences of his or her actions, the police may arrest the child if there is reasonable doubt that the child committed or is involved in the offence. The Children Act establishes the required procedures that must be followed following the arrest of the kid. The Act does not include all applicable pre-arrest procedural safeguards. Thus, the Children Act is silent on a number of topics that are globally recognized as universal rights and for which the CRC makes special provision.

In the case of Metropolitan Police Commissioner, Khulna, the concerned court held that if a child is arrested, he should be released on bail and detained only as a last resort; parents must be notified of the arrest as soon as possible; and a probation officer must be appointed immediately to ensure that the child is released to a suitable environment. If the kid is detained, the police and the court must ensure that the youngster is held in a detention center or another safe location. According to the Code of Criminal Procedure (1898), juvenile criminals may be granted bail by the court. Section 52 of the Children Act, 2013, incorporates this provision and states that, notwithstanding anything in any other law or the Code of Criminal Procedure, if a child’s case is not resolved through diversion, the court may release the child on bail with or without surety. Bail may be issued on the bond of the disturbed child, the kid’s parents, other guardians or family members, the probation officer, or any institute or group that the court deems appropriate, with or without surety. In circumstances when the child is denied bail, the Children’s Court must explain why.

Trial Procedure for Juvenile Delinquents

The Children Act prohibits the joint trial of a juvenile and an adult. If a criminal court finds a child charged with an offense alongside an adult, the child will be tried separately. Though combined charges of persons charged in the same transaction are permitted under section 239 of the Criminal Procedure Code, section 6 of the Children Act makes an exception in this regard. If a court fails to comply with this section and trials a juvenile alongside an adult, it will be in breach of the Children Act and beyond its authority. In Shiplu and others v. State, the High Court Division pronounced the lower court’s ruling unlawful on this ground. If a person was a child at the time of the offense but is over 16 years old at the time of trial, the trial as an adult will be lawful. Though the Children Act is silent on the subject, the question was decided by the High Court Division in Bimal Das v. State, where the court stated that “the age referred to in the section relates to the age when he is charged with or tried for the offense, not the age when the offense was committed.” In the trial of a case in which a child is charged with an offense, the court shall sit in a building or a chamber other than that in which the court’s regular sittings are held, or on other days or at different hours. The goal of this informal setting of trial is to keep the juvenile criminal away from the environment of a court, which may have a detrimental impact on him. However, a violation of this condition will not invalidate the proceedings because the High Court Division in Munna and others v. State saw this requirement as directory rather than mandatory (Wolfgang 1972).The Criminal Procedure Code establishes criminal courts as open courts. However, this provision is being eased for the Juvenile Court. Juvenile trials will take place behind closed doors. Only those immediately concerned in the case, as well as court officers, may attend the trial. The court may also request that those not involved in the case withdraw.

Probation and Rehabilitation

Probation:

A probation officer’s principal duties include inquiring about the delinquent’s antecedents and family background, as well as other material factors, and assisting the Juvenile Justice Board in conducting an inquiry. The Act states that the government must appoint one or more Probation Officers in each district, upazila, or metropolitan area, and that until such appointments, Probation Officers appointed under any other law may continue to work as Probation Officers under the Act of 2013 as if they were appointed under the current law. Until a Probation Officer is appointed in any area, the government may delegate the Probation Officer’s responsibilities to any Social Welfare Officer or other officer of similar rank working in the Department, i.e. the Department of Social Welfare or a different district or upazila under the Department.

Rehabilitation:

Alternative care may be arranged to ensure the overall welfare and best interests of disadvantaged children and children in contact with the law who require special protection, nursing, and care, as well as their development, considering their familial, social, cultural, financial, ethnic, psychological, and educational backgrounds. The law requires that a child’s comprehensive evaluation report issued under Section 92 be evaluated before he is sent to alternative care. The country has three juvenile correctional facilities that also serve as remand homes. They are supposed to be specialist agencies that care for children who have violated the law. Although these facilities’ declared goal is to assist children’s rehabilitation and reintegration they lack the necessary expertise and resources to do so effectively.

Measures Implemented for Juvenile Delinquents in Bangladesh:

In recent years, the government has increased its focus on meaningful and effective operations. The government has so far created three (3) correctional institutes under the provisions of the Children Act of 1974, each of which is comprised of one (1) juvenile court, one remand home, and one training institute. (Monjur Kader and M. Muajjem Hussain 2017) These institutes are:

1. National Correctional Institute for boys at Tongi, Gazipur.
2. National Correctional Institute for girls at Konabari, Gazipur.

• Correctional Institute for boys at Jessore.

Another correctional institute with identical program components will be developed in Kashimpur, Gazipur. The facilities of the existing two units in Tongi and Jessore will also be expanded to accommodate an additional 350 convicts.

These institutes deal with the programs listed below:

Vocation Training programs: The goal of a correctional institute’s vocational training program is to prepare inmates for employment after they are released. The institutes offer the following programs:

Education Program: Primary education is required. The children in question are also given access to additional educational opportunities within the center. Children receive religious education to help them develop morally.

Counseling for Correction and Re-habilitation: Social case workers and probating officers use the following strategies to provide counseling and incentives for behavioral correction, psychosocial and human development, socialization, and reintegration of inmates.
(1) Individual case management, (2) Group work and focus group discussions, (3) Motivation, (4) Parental assistance, and (5) Follow-up.

Drawbacks of the Juvenile Justice System in Bangladesh

Despite the existence of a thorough international legal framework and, in the case of Bangladesh, a coordinated national structure, there is a significant disparity between the laws and the practical reality on the ground. Although Bangladesh signed the CRC in the 1990s, a variety of circumstances undermine the purpose of Bangladesh’s juvenile justice system. The following concerns require special consideration while discussing juvenile justice in Bangladesh:

Definition Of Child:

The definition of a child varies throughout Bangladeshi laws. Different laws have defined children in various manners. According to the Children Act, a child is anyone under the age of 16. However, under the CRC, a child is defined as being under the age of 18. As a result, in Bangladesh, children aged 16 to 18 are recognized as adults and are not protected by child-related laws.

Adverse Court Environment:

Most modern legal systems consider crimes committed by children and minors differently from crimes committed by adults. In Bangladesh, the government may create one or more juvenile courts for any local region by announcement in the official Gazette. In the absence of a juvenile court, the following court shall be empowered to function as a juvenile court: HCD, Sessions Court, Additional Sessions Court, Sub-Divisional Magistrate, and First-Class Magistrate. A juvenile court has the authority to hear any instances in which a minor is accused with committing an offence under the Act. No child shall be charged with or tried for any offense alongside an adult. However, in practice, it is not carried out in accordance with the legislation.

Lack of   Pre-preventive measures:

The Bangladeshi government has also failed to implement any preventive measures to reduce the tendency of juvenile delinquency. There is a significant gap in the training of public servants understanding the juvenile justice system. The lack of a distinct prison for juvenile delinquents, a flawed reporting system, no precise monitoring system, police department corruption, and the failure to establish a kid aid desk in police stations have all contributed to the juvenile justice system’s misery. As a result, young delinquents continue to be neglected, and their chances of reform are dwindling. A sufficient children’s court with extensive jurisdiction has not yet been formed. The absence of a child-friendly setting in the courtroom, the treatment of children as adults during trial, the same lockup for both adults and juveniles, the lack of a camera trial, and so on have all contributed to the unsettling state of child offenders.

Lack of Facilities of Juvenile Correctional Centers:

Bangladesh has three specialized institutions for the detention of child offenders (two for boys in Tongi and Jessore and one for girls in Konabari), which have recently been renamed child development centers (KUK) and are administered by the ministry of social welfare’s department of social services. Although the purported purpose of these centers is to encourage children’s rehabilitation and reintegration, in practice they lack the necessary skills and resources to properly achieve this goal and have been accused of being little more than places of detention. Various reports have raised the following concerns:

• The quality and amount of meals are insufficient.
• Vocational training programs do not issue certificates of competency, and equipment is sometimes poor.
• The KUK aims to provide customized case management but lacks certified professionals.
• The emphasis is on detention rather than rehabilitation.
• Many youngsters have limited family contracts that allow for only two letters and two visits with their parents per month. These limited rights may be curtailed as punishment for excellent behavior.
• There is limited support for the reintegration of discharged children.