Need for child-friendly legal provisions

FE Team | Published: August 18, 2024 20:35:25

The recent statement by UN Special Representative on Violence Against Children, Najat Maalla M'jid serves as a stark reminder of the need to address the vulnerabilities of children and youth in legal procedure. As Bangladesh is navigating a period of transition, she called on the new interim government to seize this opportunity to correct systemic flaws and gaps in laws to protect children from all forms of abuse, exploitation and arbitrary detention. The issue of protecting children's rights within the justice delivery system came to the forefront during the recent student-led mass movement, which saw overwhelming participation from children and youth. These young voices highlighted critical issues, but they also paid a steep price. Over 65 children lost their lives, and many more were subjected to violence and arbitrary detention. Children were even seen being led away by police, their wrists in handcuffs.
Although the Bangladesh Penal Code of 1860 states that nothing is an offence if done by a child under the age of twelve who has not attained sufficient maturity to understand the nature and consequences of their conduct at that time. For those aged twelve to eighteen, punishments are to be reduced, and they should be tried in a children's court. However, in practice, there is no separate children's court in Bangladesh. Judges from other courts in the districts are assigned additional duties to handle such cases. Moreover, at the police station, children are often falsely shown as adults, depriving them the legal protection they are entitled to. Therefore, Maalla M'jid's call for a full, independent, and transparent investigation into these violent incidents is relevant and timely. The interim government bears the responsibility of ensuring justice for these young victims, which includes immediate cessation of all forms of violence against children and release of those unjustly detained.
The creation of a child-friendly justice system is another crucial step that the interim government must prioritise. Independent courts for minors are necessary to ensure that children are treated with the care and understanding they deserve. It is important to understand that children do not commit crimes in the same way adults do-they make mistakes, often driven by a lack of understanding, guidance or opportunity. When children are deprived of essential services such as quality education, healthcare, and emotional support, they become vulnerable to negative influences and exploitation. This is precisely what the country is witnessing today, as more children are forming teen gangs and falling victim to circumstances beyond their control. Criminals often prey on these vulnerable children, using them for their own gain.
The state's response to children's mistakes should not be punitive but corrective. The legal system must focus on rehabilitation and education, rather than punishment. There are a few child development centres in the country where juvenile delinquents are kept. Unfortunately, the current conditions in child development centres are not places where children can learn, grow and reform. To truly protect and guide children, the authorities must also overhaul these systems, ensuring that every child has access to a supportive, educational, and rehabilitative environment. Protecting children caught in legal limbo is not only an official obligation but a moral imperative. Doing so will go a long way in breaking the cycle of juvenile delinquency and help children realise their full potential as positive members of society.