The United Nations Convention on the Rights of the Child (UNCRC), 1989 specifies a collective commitment to protecting children’s rights. At present, in total, 196 countries have signed up to the UNCRC. In 1990, Bangladesh was one of the first countries to sign and ratify the UNCRC to ensure care and protection of children.
As a part of its commitment, 12 years ago, the government passed the Children Act (Shishu Ain), 2013; amended in 2018, repealing the previous Children Act 1974. The Act was considered as a great achievement for ensuring the care and protectionand best interests of children under the juvenile justice system in Bangladesh.
However, major concerns persist in establishing a truly welfare-based model in which the needs of children are prioritized.
In Bangladesh, the involvement of children under the system either for “coming in contact with the law” as victims or “coming in conflict with the law” as offenders are increasing. However, there are no up-to-date statistical records of how many children and young people come under the justice system.
They are coming into contact with the law for reasons such as running away from home, underage marriage, and victims of human trafficking while they are coming into conflict with the law for theft, drug dealing, sex offense, and even murder.
The available statistics of the Department of Social Services-DSS (2023) show that most of the children and young people who are detained under the JJS are predominantly boys while girls detained in the juvenile justice system in Bangladesh had a history of victimization and mostly detained as victims of offenses rather than as offenders.
According to national and international guidelines, detention should be used only as a measure of last resort for children.
In Bangladesh, there are three government-run centres, called Child Development Centre-CDC for children who come under the juvenile justice system: Two centres for boys and one for girls under the DSS of the Ministry of Social Welfare.
Evidence shows that children are being detained in these centres for a wide range of legal reasons, from being victims of offenses to being accused of crimes. What is alarming is that detention is often used as a first resort. This practice is particularly common in the case of girls.
In 2019, the UN Committee on the Rights of the Child (2019) expressed concerns regarding using detention as a first resort as a result of poor conditions of the detention centres or institutions along with abuse and neglect under the care.
The committee has recommended raising the minimum age of criminal responsibility (MACR), which is shockingly set at seven years currently. It emphasizes the importance of diversion measures and community-based programs, and stresses that detention should be used only as a last resort, for the shortest possible period, and subject to regular review.
It further recommends ensuring a child-friendly approach to guide all processes within the juvenile justice system to ensure that the best interests of the child are upheld and adopting a child-friendly approach to guide all processes within the juvenile justice system so that the best interests of the child are fully protected.
For children who have come in conflict with law for minor offenses, diversion, probation and condition release services should be offered rather than being detained.
Victims of offenses should receive appropriate care and, where institutional care is required, should be accommodated in facilities entirely separate from those housing children in conflict with the law.
When detention becomes necessary, the trial should be done as quickly as possible, skill training should be provided, and social reintegration and social rehabilitation programs should be taken. Therapeutic programs should also be offered to ensure their mental well-being.
Dr Shilpi Rani Dey is an Associate Professor (on Leave), Jagannath University. Email: shilpi_dy@yahoo.com.