Independent non-judicial forum indeed essential

CHILDREN who face criminal charges are not only victims of social circumstances but also frequent subjects of harassment by concerned authorities in Bangladesh. Such victimisation of children stems mainly from the lack of awareness about child psychology and child rights which are showcased and guaranteed in various domestic and international human rights law.

To bring this problem to public attention and to provoke discussion and debate around the issue, Dhaka Law Review arranged a public lecture at the Department of Law, University of Dhaka on Monday, August 18.

On this occasion, Honorable Justice M. Imman Ali of the Appellate Division of the Supreme Court of Bangladesh delivered the lecture on “Justice for children and the Law: The Past, Present and the Future”. Around 100 academics, professionals, rights activists and students attended the session.

Justice Ali started his lecture by reflecting on the current status of justice for children in Bangladesh with special reference to the causes of delinquency. While analysing the role of the law vis-à-vis child psychology, Justice Ali put specific emphasis on two of the recent judicial decisions he wrote on this issue – one concerning the important age-factor of the child concerned in a juvenile trial and the other concerning the predicament of a particular child in jail pending decision about his paternity.

The lecture also reflected on the trajectory of the country's child law, covering some of the ground-breaking aspects of the newly revised Children Act of 2013. Justice Ali pointed out that in the present law, there is no independent non-judicial forum as contemplated under the International Convention on the Rights of Children (CRC) to deal with children in conflict with law.

He also opined that the use of school-going children for political demonstration or reception of VIPs including members of parliament or ministers at the street is punishable but has not been addressed in the Children Act.  

Drawing examples from some cases, the lecture showed how child abuse impacts the behaviour of a child and eventually leads to delinquency. It also showed the problem in our judicial attitude in treating child offenders behind bars.

The lecture was concluded by emphasising on the necessity of training the officers dealing with child offender, raising social awareness, and ensuring facilities and child-friendly environment in the juvenile development centers in Bangladesh.

Among others Dr. Ridwanul Hoque, Associate professor of law at the University of Dhaka and Professor Dr. Shahnaz Huda, chairperson of the Department of Law, University of Dhaka spoke on the same topic.