Establishing a dedicated children court

The Universal Declaration of Human Rights (UDHR), adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 as a milestone document in the history of human rights, signifies in Article 25 that children are entitled to special care and assistance, and all children, whether born in or out of wedlock, shall enjoy the same social protection. Furthermore, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), which define a juvenile as a child or young person who, under the respective legal systems, may be dealt with for an offence in a manner different from an adult, state that juvenile proceedings must be conducive to the juvenile's best interests and conducted in an atmosphere of understanding, allowing the juvenile to participate and express herself or himself freely, as per Article 14(2). Given that Bangladesh enacted the Children Act, 1974, without explicitly referring to any international instruments for its implementation, the law nonetheless marked a significant initiative aimed at the custody, protection, and treatment of children, as well as the trial and punishment of youthful offenders. This Act was later repealed and replaced by the Children Act, 2013 (Act No XXIV of 2013).
The United Nations Convention on the Rights of the Child (UNCRC) is an important, legally binding agreement which outlines the fundamental rights of every child, regardless of their race, religion or abilities. Bangladesh ratified the United Nations Convention on the Rights of the Child (UNCRC) on 3 August 1990, reserving Article 14 concerning the child's right to freedom of thought, conscience, and religion, while committing to uphold the fundamental rights of every child regardless of race, religion, or abilities. Thereafter, Bangladesh fully accepted the Convention by withdrawing its reservation to Article 14 on 2 March 2011.
As per Article 3 of the UNCRC, Article 4 of the African Charter on the Rights and Welfare of the Child, Article 6 of the European Convention on the Exercise of Children's Rights, and paragraph 7 of the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines), the Court shall primarily consider the best interests of the child in all actions concerning children.
Furthermore, Article 37 of the UNCRC stipulates that every child deprived of liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of such deprivation before a Court and to receive a prompt decision. The Convention also includes the Optional Protocol on the involvement of children in armed conflict, the Convention on the sale of children, child prostitution, and child pornography, as well as the Optional Protocol on a communications procedure.
Article 40(3)(b) of the UNCRC imposes an obligation on States Parties to promote the establishment of laws, procedures, authorities, and institutions specifically applicable to children alleged to have infringed the penal law, and, where appropriate and desirable, to adopt measures for dealing with such children without resorting to judicial proceedings, ensuring that human rights and legal safeguards are fully respected. Moreover, in paragraph 92 of the UN Committee on the Rights of the Child, General Comment No. 10 (2007) on Children's Rights in Juvenile Justice, it is emphasised that a comprehensive juvenile justice system requires the establishment of specialised units within the police, the judiciary, the Court system, the prosecutor's office, as well as specialised defenders or other representatives who provide legal or other appropriate assistance to the child.
In The State v. Md. Roushan Mondal @ Hashem, reported in 59 DLR 72, Justice Muhammad Imman Ali held that Bangladesh ratified the UN Convention on the Rights of the Child in August 1990. As a signatory to the convention, Bangladesh is duty-bound to reflect the provisions of the Convention, including the relevant articles of the UNCRC, in its national laws. The Court further emphasised that the time is ripe for the legislature to enact laws in conformity with the UNCRC.
Bangladesh, as a signatory state, enacted the Children Act, 2023 to implement the United Nations Convention on the Rights of the Child (UNCRC). Section 16(1) of the said Act explicitly states that for the trial of any offence committed by a child in conflict with the law, there shall be one or more Courts in each district headquarters, designated as Children Courts. Despite existing provisions, separate and dedicated Children's Courts have not yet been established.
At present, a Judge of the Women and Children Repression Prevention Tribunals is required to adjudicate child-related matters in addition to their primary responsibilities, despite the fact that these tribunals within the district judiciary are already overburdened with cases filed under the Women and Children Repression Prevention Act, 2000. Moreover, Judges of the Women and Children Repression Prevention Tribunals are, by way of additional charge, overburdened to adjudicate human trafficking cases in all districts of Bangladesh, excluding Dhaka, Rajshahi, Khulna, Rangpur, Chattogram, Barishal, and Sylhet. In this context, the additional charge over child-related offences upon these Judges, beyond their already burdensome docket, has significantly hindered their capacity to dispose of cases within a reasonable timeframe. Consequently, the excessive accumulation of cases and the protraction of proceedings have contributed to systemic delays, thereby undermining the constitutional mandate of ensuring timely justice and impeding the effective realisation of the right to a fair trial. According to the quarterly report published by the Statement Section of the High Court Division, updated as of 31 December 2024, the judiciary in Bangladesh is currently overburdened with a total of 151,317 pending cases under the Women and Children Repression Prevention Act, 2000, along with 42,569 pending child-related cases.
As per the provisions of the Children Act, 2013, the structure of the Children Court is distinct from that of other regular Courts in the country, and the independent procedural framework of the Children Court is clearly outlined in this Act (particularly in Chapter Five). As a result, there is no opportunity to adjudicate cases involving children within the existing environment of the Women and Children Repression Prevention Tribunal.
Pointing out that the report of the Judiciary Reform Commission, submitted to the Government on January 31, 2025, pursuant to clause 1.7.2.2(4), underscores the imperative of establishing a separate and dedicated Children's Court in every district to ensure the effective adjudication of cases involving children. In furtherance of the implementation of the United Nations Convention on the Rights of the Child, and pursuant to the provisions of the Children Act, 2013, the Hon'ble Chief Justice of Bangladesh, Dr. Syed Refaat Ahmed, has expressed his intention to take necessary measures for the establishment of separate and dedicated Children's Courts in every district of the country, with a view to ensuring the prompt and proper adjudication of cases involving children. As per the direction of Chief Justice, the Supreme Court Registry sent a letter memo No. 2701 dated March 13, 2025, to the Secretary of the Department of Law and Justice, Ministry of Law, Justice and Parliamentary Affairs, to take appropriate measures in this regard.
In this context, the establishment of a separate and dedicated Children Court is imperative to give full effect to the obligations enshrined in the UNCRC, relevant international instruments and the Children's Act-2013-thereby ensuring that litigants are guaranteed access to fair and expeditious justice.

The writer is Assistant Registrar (Protocol), High Court Division, Bangladesh Supreme Court
mmashameem96@gmail.com