ABSTRACT

This dissertation has been discussed about "Violation of child rights in Bangladesh and
some legal issues". This dissertation focuses how' a child is suffering immensely as
casualtiesrrf-war and violence; as victims of racial discrimination, apartheid, aggression,
cruelty and exploitation. The best that can be done to ensure that rights of a child are
provided with adequate protection which is also discussed in this dissertation.
 CONTENT
Chapter 1

INTRODUCTION

Acknowledgments VI

Vii
Abbreviation
Chapter 1
INTRODUCTION

1.1 Definition of child 01

1.2 Types of rights 03
1.3 Deference between child rights and youth rights 05
Chapter 2
NATIONAL LAW REGARDING CHILDREN
RIGHTS
2.1 Bangladesh and the convention 06
2.2 Children's Law in Bangladesh 07
Chapter 3
International Laws Regarding Child Rights
3.1 The Convention on the right of the child 11
3.2 The origins, Development and Significance of the Convention
on the Rights of the Child. 13
3.3 Overview of the convention 15
3.4 Convention: prospects and problems
3.5 The United Nations Convention on the Rights of the Child: 18
Article 28
 VI
Chapter 4
Vii
VIOLATION OF CHILD RIGHTS IN BANGLADESH
4.1 Pictures of Child rights in Bangladesh 19
4.2 Children in Hazardous Occupations. 23
4.3 Sexual Exploitation of Children 25
4.4 Immoral Trafficking of children 28
4.5 Violence against Children 30
4.6 Children in custody 31
Chapter 5
SOME FINDINGS TO PROTECT CHILD RIGHTS
5.1 Legal Reforms 34

5.2 Executive and Administrative Actions 38

5.3 Training of persons dealing with children in conflict with the law
40
5.4 Protecting children's rights through birth registration in Bangladesh
5.5 Role of media
41

42
Chapter 6
Conclusion 43

Bibliography 46
 ACKNOWLEDGEMENTS

I express my sincerest gratitude to my honorable teacher Afrin Laila Senior Lecturer

Stamford University Bangladesh. She extended her helping hand by providing guidance,
offering valuable suggestions, encouragement in writing this report. I acknowledge my
profound indebtedness and gratitude to her.

I am grateful to my friends for their assistance and encouragement in writing this research
paper. At last I am grateful to Almighty Allah, who has been kind to complete this
research paper. Thanks to all. Who or indirectly help me to prepare this research work.
 Abbreviation

ci Chief Inspector.
Convention on the Rights of the Child.
CRC HCD
High Court Division.
KUK
Kishor/ Kishori Unnayan Kendra
PO
Probation Officers.
UK
United Kingdom.
UN
United Nations.
NGO
Non Government Organization.
UNICEF
United Nations International Children's Emergency Fund
ILO
International Labour Organization
 Chapter 1

INTRODUCTION

1.1 Definition of child

The definition of a Child under the United Nations convention of the Right of the Child
(CRC) covers all human beings under the age of 18 under the relevant national law
recognize an earlier age of majority.

There are no definitions of other terms used to describe young people such as adolescent's
teenagers or youth in international law to facilitate their programmatic work. The world
health organization (WHO) has adopted the following working definitions adolescent
refers to any individual aged between 10-19 years young person refers to any individual
between 10-24 years and youth to persons between the agesof!5-24years.

In every country the word children means small children specially those under 10 years of
age.1 A child is a human being below the age of 18 years, under the law applicable to the
child.

UN Convention of the rights of the Child (CRC), 1989 Article no-47

According to Cornell University

"A child is a person not a sub person and the parent has absolute interest and possession
of the child the terms child does not necessarily mean minor but can include adult
children as well as adult non dependant children.2
A child is human being who is under age of eight years, who is incapable of take care of
himself and is not has that majority of mind that he or she can take decisions by his own.
According to oxford dictionary of law
Child means a young person. But there is no definitive definition & of a child, the term
has been used for 16, and some times under the age of 18 each case depends on its
context and the wording of the statute governing it.
Historic definitions of children's rights
Consensus on defining children's rights has become clearer in the last fifty years. A 1973
publication by Hillary Clinton (then an attorney) stated that children's rights were a
"slogan in need of a definition". According to some researchers, the notion of children's
rights is still not well defined, with at least one proposing that there is no singularly
accepted definition or theory of the rights held by children. Children's rights law is
defined as the point where the law intersects with a child's life. That includes juvenile
delinquency, due process for children involved in the criminal justice system, appropriate
representation, and effective rehabilitative services.2
1.2 Types of rights

Children's rights are defined in numerous ways, including a wide spectrum of civil,
cultural, economic, social and political rights. Rights tend to be of two general types:
those advocating for children as autonomous persons under. The law and those placing a
claim on society for protection from harms perpetrated on children because of their
Children's rights dependency. These have been labeled as the right of empowerment and
as the right to protection One Canada organization categorizes children's rights into three
categories:3

Provision: Children have the right to an adequate standard of living, health care,
education and services, and to play. These include a balanced diet, a warm bed to sleep in,
and access to schooling.

Protection: Children have the right to protection from abuse, neglect, exploitation and
discrimination. This includes the right to safe places for children to play; constructive
child rearing behavior, and acknowledgment of the evolving capacities of children.

Participation: Children have the right to participate in communities and have programs
and services for them selves. This includes children's involvement in libraries and
community programs, youth voice activities, and involving children as decision-makers.
In a similar fashion, the Child Rights Information Network, or CRIN for short,
categorizes rights into two groups: Economic, social and cultural rights, related to the
conditions necessary to meet basic human shelter, education, health care, and gainful
employment. Included are rights to education, adequate
housing, food, water, the highest attainable standard of health, the right to work and rights
at work, as well as the cultural rights of minorities and indigenous peoples.4

Environmental, cultural and developmental rights, which are sometimes called "third
generation rights," and including the right to live in safe and healthy environments and
that groups of people have the right to cultural, political, and economic development

Amnesty International openly advocates four particular children's rights, including the
end to juvenile incarceration without parole, an end to the recruitment of military use of
children, ending the death penalty for people under 21, and raising awareness of human
rights in the classroom. Human Rights Watch, an international advocacy organization,
includes child labor, juvenile justice, orphans and abandoned children, refugees, street
children and corporal punishment. Scholarly study generally focuses children's rights by
identifying individual rights. The following rights "allow children to grow up healthy and
free": Freedom of speech Freedom of thought Freedom from fear Freedom of choice and
the right to make decisions Ownership over one's body Other issues affecting children's
rights include the sale of children, child prostitution and child pornography.5

1.3 Differences between child rights and youth rights

Main article: Youth rights "In the majority of jurisdictions, for instance, children are not
allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment."
Within the youth rights movement, it is believed that the key difference between
children's rights and youth rights is that children's rights
supporters generally advocate the establishment and enforcement of protection for
children and youths, while youth rights (a far smaller movement) generally advocates the
of freedom for children and/or youths and of rights such as suffrage.6
Chapter 2

NATIONAL LAWS REGARDING CHILD RIGHTS

2.1 Bangladesh and the convention

Bangladesh is one of the early signatories of the convention to make it an enforceable

international law by ratifying it on 3 august 1990. Bangladesh is now under an obligation
to take the necessary measures to bring the convention into force. Besides the convention,
Bangladesh is very rich of tremendous laws to protect and ensure the rights of children.
Most of the convention provision' relation to children rights are consistent with the rights
and protection relating by the national laws. Following are some areas where the great
majority of provisions of Bangladesh law conform fully with the convention provisions
relating to the basic needs.

The basis needs of children and the duties of the state towards them are enshrined in
articles 14, 15, 17 and 18 of the Bangladesh constitution. Articles 14 of the constitution
prohibits all sorts of exploitation and article 15 ensure the right to social security.
Although the constitution does not spell out specific guarantees for children. Article 28(4)
would be interpreted as directions for affirmative'action by the state including special
provisions for children. Article 17 obliges the state for adopting effective measures for
free and compulsory education. Article 18 of the constitution
provides that the state shall regard the raising of the level of nutrition and the
improvement of public health as among its provisions for children. These provisions in
respect of basic needs correspond to convention articles 24, 28(1), 28(1) (a), 28(1)
(b),26(l and27(l).7

2.2 Position of Children under various Laws in Bangladesh

The penal Code, 1860, under sections 82 provides that nothing is an offense which is
done by a child under 12. Under section 90 of the code consent is if it is given by a person
who is under 12 years of age. Kidnapping a male under 14 years of age and a female
under 16 years age from lawful guardianship is an offense under section 361 and
kidnapping or abducting a person under the age of 10 is also an offence under section
364A of the Code.

The Divorce Act.1869 deals with the custody, maintenance and education of minor
children while their parents are engaged in a law suit for separation. The court may order
the maintenance, custody and education of children.

The Contract Act, 1872 makes a contract by a minor absolutely void. A contract of sale
made with the guardian of a minor may be biding only if it were made either for legal
necessity or for the benefit of the estate.7

The Guardians and Wards Act.1890 empowers a designated Court, if it is satisfied that
it is for the welfare of the minor, to appoint a guardian of the minor's person or

M.Shawkat Alam Protection of children rights .'global approachThe Dhaka University studies, Part-F Vol.
VII(l), p83
property or both. However, the court cannot appoint any person as guardian against the
will of the minor.

he code of criminal procedures 1898 empowers a designated Court to order a person

having sufficient means and neglecting or refusing to maintain his wife or legitimate or
legitimate child to provide a monthly allowance for maintenance of such wife and
children. Under section 562, the Court can release certain convicted first offenders under
21 years of age on probation of good conduct instead of sentencing them to
imprisonment.8

The Mines Act, 1923 prohibits employment of a child (under 15 years of age) in a mine
and regulates the employment of those above 15 years but below 17 years.

The Child Marriage Restraint Act, 1929 provides punishment for a male adult
marrying a child (below 16 years age). It also prescribes punishment for parent or
guardian concerned in a child marriage.

The Suppression of Immoral Traffic Act, 1933 provides for the punishment for forcing
a girl under 18 years into prostitution. Abatement by one having custody or charge of the
girl is also a crime.

The Children (Pledging of labour) Act. 1933 provides for penalty for parent or guardian
making agreement to pledge the labour of a child and also for employing a child whose
labour has pledged.9

The Employment of Children Act, 1938 regulates the employment of children in

specified industries and occupations and provides for punishment of the employer
contravening the provisions of the Act.
The Maternity Benefit Act. 1939 regulates the employment of women for certain period
before and after childbirth and provides for the payment of maternity benefit to them by
the employer.

The Maternity Benefit (Tea Estate) Act. 1950 prohibits the employment of women in
tea gardens or processing factories for certain period before and after childbirth and
provides for the payment of maternity benefits for the period.

The Minimum Wages Ordinance, 1961 prohibits employers from payment of juvenile
(below 18 years age) workers below the minimum rates fixed by the Board set up under
the Act. This also provides for punishment for contravention. l(

The Shops and Establishment Act, 1965 prohibits employment of children not having
completed 12 years of age in shops and commercial establishments. It further regulates
the hours or work for those below 18 years age.

The Factories Act, 1956 lays down regulations aimed at ensuring secure and healthy
conditions or work for a child or an adolescent. It also provides for facilities of rooms for
children less than 6 years of age of woman workers in a factory.

The Children's Act. 1974 The Children Act, 1974 is the principal law for protection or
children. This law does not cover all aspects of protection of children. It deals with
custody, protection and treatment of children under certain circumstances, e.g. destitute,
neglected or against whom special offences are committed and youthful offenders.11

It provides for an informal judicial body for assessment of the child concerned (Juvenile
court); different setting/environment than formal courts* confidentiality
including restriction on public, open trial and prohibition on disclosure of identity of a
child; prohibition on capital punishment, imprisonment of children committing offences;
detention to be used as a lest resort; alternative options to deprivation of liberty; probation
officer's special role to assist children in social nitration process; institutional care in
certified or approved homes for rehabilitation of children and other protective measures.

It can be regarded as parent law for protection of children in Bangladesh. It specifically

discourages deprivation of liberty and has supremacy over all other stating children. In
practice, however, other laws in force in Bangladesh over ride this, law. Contradictory
laws like the Vagrancy Act, 1943 allows arrest of children leading to deprivation of
liberty and extenuates state responsibility to protect its citizens through rehabilitation and
social reintegration.12
 Chapter 3

INTERNATIONAL LAWS REGARDING CHILD RIGHTS

3.1 The Convention on the rights of the child

The Convention on the Rights of the Child (CRC) is the most widely ratified human
rights treaty in history. It sets forth a wide range of provisions that encompass civil rights
and freedoms, family environment, basic health and welfare, education, leisure and
cultural activities and special protection measures. The Convention has several
"foundation principles" that underpin all other children's rights. These include:
nondiscrimination; best interests of the child; right to survival and development; and
views of the child

Non-discrimination means that all children have the same right to develop their
potential ~ all children, in all situations, all of the time, everywhere. The best interests of
the child must be "a primary consideration" in all actions and decisions concerning her or
him, and must be used to resolve confusion between different rights.14 The right to
survival and development underscores the vital importance of ensuring access to basic
services and to equity of opportunity for children to achieve
their full development. The views of the child means that the voice of children must be
heard and respected in all matters concerning their rights. Countries must promote
children's active, free and meaningful participation in decision-making that affects them.

The CRC has been ratified by over 190 countries since it was adopted unanimously by the
United Nations General Assembly in November 1989. Ratification commits countries to a
code of binding obligations towards their children.

3.2 The origins, Development and Significance of the Convention on the Rights of the
Child.

At the international level, attempts to develop general principles which guide states in
their treatment of children stated in 1920s. In 1920, the Assembly of the League of
Nations adopted the Declaration of Geneva. This Declaration 'contained five principles
which were generate but to the point. One was that children should be the first to receive
relief in emergencies

A more profound development occurred in 1959 when the United Nations General
Assembly adopted the Declaration on the rights of the child. The declaration recognized
that children, by reason of their physical and mental immaturity, need special safeguards
and care including appropriate legal protection, before as well as after birth. The
declaration then goes on to enunciate ten principle to guide parents,
governments and voluntary organization in their treatment of children. These
f. principles include: non discrimination of grounds of race, colour, sex, language,
^F
igion and political opinion; enjoyment of special treatment under the law ; fement to a
name and nationality at birth ; enjoyment of social security benefits ;
provision of education and protection against neglect, cruelty and exploitation.15 The
fundamental with the declaration on the Rights of the child was that it did not create any
legally binding obligations.

The birth of the convention on the rights of the child commenced in the 1970s. The need
for a convention was dictated by a number of factors. The inadequacies in the existing
UN Human Rights Conventions and instruments in addressing the needs of children was a
relevant factors. For example, the Universal Declaration of Human

Rights, the international convention on economic, Social and Cultural Rights and failed to
recognize the special states and needs of children.16 There were other important
considerations. Hammarberg appropriately summarizes these: One argument for moving
the Declaration was the desire to lay down precise obligations for states. Another was that
the existing international standards for the protection of children were scattered among
eighty different legal instruments. It was proposed that those ought to be brought together
in one comprehensive law. If work started on such a convention there would also be an
opportunity to iron out inconsistencies between the already agreed upon. Also the
thinking about children had advanced. Among the material welfare but also the right to
influence once own situation and to take part in decision making.17

In some quarters there was also realization that the rights of children did not always
coincide with those of the parents, a fact which was not recognized in the two earlier
declarations. The main argument for a separate international human rights law for
children indeed needed special rights because of their vulnerability. Children suffered so
badly that their protection required special attention. Following proposals
by the Polish Government during the International Year of the Child in 1979 for the
negotiation of a convention dealing with children's rights, the United Nations
Commission on Human Rights appointed a working group of experts to draft the
convention. On 20 November, 1989, after ten years of negotiation, United Nations
General Assembly approved the text of the convention on the rights of the child.

3.3 Overview of the convention

The convention on the rights of the child consists of a comprehensive preamble and 54
articles. The preamble outlines the general underlying objectives of the convention. It
links the promotion and protection of the rights of children to the general human rights
principles under the United Nations Charter; the Universal Declaration of Human Rights
and the human rights conventions negotiated under the auspices of the United Nations,
particularly the International Covenant on Economic, Social and Cultural Rights 1966 and
the International Covenant on Civil and Political Rights 1966. The rights guaranteed by
the convention are covered by articles 1-41. Articles 42-45 discuss the monitoring of the
convention and 46-54 discuss how the convention will enter into force. However, its not
possible to consider each article individually within the scope of this paper. It is better to
broadly mention different rights recognized by the convention.

The rights of child, recognized by the convention, can be subdivided in five headings in
line with the traditional classification of human rights:
Civil rights

In general, these correspond to the rights recognized by the first 18 articles of the
Universal Declaration of Human Rights (1948) . Examples are the right to a name to
acquire a nationality (article 7) and the right to an identity (art 6) and the principle of non-
discrimination (art 2) . But there are also the so called "integrity rights". Such as the ban
on torture (art 37) . the right to protection from physical violence (arts 19 & 34). from
arbitrary arrest (arts 37 & 40), the right to privacy (art 16)i8

Political rights

These cover freedom of opinion (art 12), freedom of expression (art 13), freedom of
association (art 15), freedom of opinion, religion and conscience (art 14), freedom of
access to information (art 17)

Economic rights

Article 4 states in general terms that state parties shall take all appropriate legislative,
administrative and other measures regarding economic, social and cultural rights. More
specifically this involves, among other to protected from exploitation (arts32&36)

Social rights

The heading of article 4 covers the right to education (arts 28&29), health care (art 24)
and social security (art 26)
Cultural rights

In addition to article 4 once again, in this context we need mention article 31, recognizing
the right to rest and leisure, to engage in play and to participate fully in cultural and
artistic life.

3.4 Convention: prospects and problems

By recognizing various rights of the child and their implementation procedure convention
is now extraordinarily comprehensive in scope. By granting children civil, political,
economic, social and cultural rights, the convention at the same time places children
issues on the political agenda and also puts them in an international context. In addition,
the convention has served as a facilitators for further developments in the international
law on the rights of the child, which in turn helps to improve acceptability of specific
rights of children. An analysis of the conventional on the rights of the child reveals that it
accomplishes five goals.20

By recognizing various rights of the child and their implementation procedure convention
is now extraordinarily comprehensive in scope. By granting children civil, political,
economic, social and cultural rights, the convention at the same time places children
issues on the political agenda and also puts them in an international context. In addition,
the convention has served as a facilitators for further developments in the international
law on the rights of the child, which in turn helps to improve acceptability of specific
rights of children. An analysis of the conventional on the rights of the child reveals that it
accomplishes five goals.20

It creates new rights under international law for children where no such rights existed,
including the child's right to preserve his or her identity and the right of indigenous
children to practice their own culture (articles 8 & 30) Secondarily, the convention of the
rights of the child enshrines rights in a global treaty which had until the conventions
adoption only been acknowledged or refined in case law under regional human rights
treaties, for example, a child's right to be heard either directly or indirectly in any judicial
or administrative proceedings affecting that child, and to have those views taken into
account (art 12)21
conventions entry into force, were only non binding recommendations. These include
safeguards in adoption procedures and the rights of mentally and physically disabled
children, (art 21 & 23)

The convention also imposes new obligations in relation to the provision and protection
of children. These include the obligation on a state to take effective measures to abolish
traditional practices prejudicial to the health of children and provide for rehabilitation
measures for child victims of neglect, abuse exploitation(art 2S&39).22

Finally, the convention constitutes notable improvements in standard setting on children's

issues but some of its provisions are very crucial to some extent.

The convention is based on the philosophy that children are equals and that they have the
same value as adults. But they children are also at the same time vulnerable because of
their age and because ofthe ways in which their lives are subject to the decision and
behavior of adults. Herein lies a tension for adults either as parents or as members of
agencies responsible for children, how best to treat children as equals but at the same time
recognize their vulnerability.23

Thus, the interest of others including parents and social work groups, education or health
agencies are less important then those ofthe child. Moreover, the child should also have a
say in decisions about his or her future. Article 12.1 states that: State parties shall assure
to the child who is capable of forming his or her own views the rights to express these
views freely in all matters Article 3.1 states 'In all actions concerning children, whether
undertaken by public or private social welfare institutions, courts of law, administrative
authorities and bodies, the best interest of the
child shall be a primary consideration.24

Affecting the child, the views of the child being given due weight in accordance with the
age and maturity of the child. These articles reflect the view that the protection of
children has to be balanced with a concern for their growth to independence and respect
for their rights as individuals. One of the main implication of the conventions is that
development in childcare and child law will increasingly give children the right to be
involved in decisions in all situations in which they find themselves whether these
involve their parents or other adults in key agencies such as health, social work or
education. Though the convention is childcentred but it also states the rights,
responsibilitie4s and duties of parents and legal guardians (art 5). Here the scope of
rights, responsibilities and duties of parents and legal guardians to provide appropriate
direction is very ambiguous within the ambit of the convention. It is, in fact, a difficult
and controversial area where many developing states' social and legal policy may not
cope with the requirements of the convention.25 The definition of 'child' (art 1) in the
convention also creates controversy. For the purposes of the convention, a 'child' is
defined as a 'human being below the age of 18 years, unless, under the law applicable to
the child, majority is attained earlier. The practical effect of the convention is to allow
any state to evade the requirements of the convention simply by lowering the age of
majority. The convention also imposes duties on states (art 27) to provide the necessary
resources with which children can grow to realize their potential and themselves
contribute to social, and political change throughout the world. But the allocation of
resources mostly depend on the social, political and economic climate of country. For
third world countries where basic survival is an issue, it is very difficult to allocate
necessary resources to develop the children potential.26 Moreover, the concentration on
children rights in western industrialized
communities is a in shark contrast to conception of the rights of the children in third

world countries.

3.5 The United Nations Convention on the Rights of the Child: Article 28

1. States Parties recognize the right of the child to education, and with a view to achieving

this right progressively and on the basis of equal opportunity, they shall, in particular:

(a) Make primary education compulsory and available free to all;

(b) Encourage the development of different forms of secondary education, including

general and vocational education, make them available and accessible to every

child, and take appropriate measures such as the introduction of free education

and offering financial assistance in case of need;

(c) Make higher education accessible to all on the basis of capacity by every appropriate

means;

(d) Make educational and vocational information and guidance available and accessible

to all children;

(e) Take measures to encourage regular attendance at schools and the reduction of drop-

out rates.
 Chapter-4

VIOLATION OF RIGHT IN BANGLADESH

4.1 Pictures of Child rights in Bangladesh

There are many kinds of abusemant in Bangladesh child rights these are:

more challenging for the family and community to accept them for children involved in
camel racing, many can no longer remember their own language they become strangers in
their own land.

4.1.1 Child labour

Child labour remained a major concern, with an estimated 7.9 millions children working
in the formal and informal labour sector. Among them over one million are considered to
be engaged in hazardous jobs and the risk. Recently, ship breaking yards have been
identified by the Government as another hazardous place of work for children A 2008
research report identified that at lest 25% of ship breaking workers are children twelve
years. Such work is extremely hazardous given upe high number
of accidental deaths, disability and exposure to harmful and toxic substances in the yards.
The reports recommended the government enhance labour Act to ensure no child below
16 years can engage in hazardous work and finalies the adoption of the ship breaking
policy paper to put in place guidance and mechanisms to improve and monitor ship yards.

4.1.2 Child prostitution

Sexual abuse is one of the perilous abuses children face in our society. Some group of
brokers forcefully compels young children to involve in prostitution through various
persuasions for the Children have become a dangerous form of child labour in the society.
Whatever bucks they earn out of the profession, children involve in the profession are in
the risk of different dangerous health hazards, like unexpected pregnancy, contaminated
sexual and drug addicted diseases. 40 percent prostitutes of most brothels of Bangladesh
are under 18 years old. The gang- lady has bought about 50 percent girls into the brothels
from the outside. The rest 50 percent girls are the children of the sex worker, Girls those
are bought into the brothel from the outside, have to sign a contract with the gang- lady
that they would work as a prostitute under the shelter of the gang-lady for a period of time
and they would share a part of their earning with the gang- lady.

According to the repot of the "SAARC Autonomous Women Study Group", there are
fifteen thousand sex workers in the fourteen brothels of the country. 83.4 percent of them
are under 18 years old. A group of spoiled people pursued them to deal a lucrative life
and sold . Them to the gang lady in the brothels. Most of these picked-up girls were
forced to engage in prostitution against their will. The gang-lady bought many of these
girls into the brothel from the outside.

Besides this, there are other forms of tortures. Recently, news was published about the
child sex workers of Daulotia brothel at Rajbari District. The news was
of accidental deaths, disability and exposure to harmful and toxic substances in the yards.
The reports recommended the government enhance labour Act to ensure no child below
16 years can engage in hazardous work and fmalies the adoption of the ship breaking
policy paper to put in place guidance and mechanisms to improve and monitor ship yards.

4.1.2 Child prostitution

Sexual abuse is one of the perilous abuses children face in our society. Some group of
brokers forcefully compels young children to involve in prostitution through various
persuasions for the Children have become a dangerous form of child labour in the society.
Whatever bucks they earn out of the profession, children involve in the profession are in
the risk of different dangerous health hazards, like unexpected pregnancy, contaminated
sexual and drug addicted diseases. 40 percent prostitutes of most brothels of Bangladesh
are under 18 years old. The gang- lady has bought about 50 percent girls into the brothels
from the outside. The rest 50 percent girls are the children of the sex worker, Girls those
are bought into the brothel from the outside, have to sign a contract with the gang- lady
that they would work as a prostitute under the shelter of the gang-lady for a period of time
and they would share a part of their earning with the gang- lady.

According to the repot of the "SAARC Autonomous Women Study Group", there are
fifteen thousand sex workers in the fourteen brothels of the country. 83.4 percent of them
are under 18 years old. A group of spoiled people pursued them to deal a lucrative life
and sold . Them to the gang lady in the brothels. Most of these picked-up girls were
forced to engage in prostitution against their will. The gang-lady bought many of these
girls into the brothel from the outside.

Besides this, there are other forms of tortures. Recently, news was published about the
child sex workers of Daulotia brothel at Rajbari District. The news was
about one kind of tablet which is used for cow fattening but given to the children of age
11/12 so that they grow faster and look as old as 18/20 years old. The child sex-workers,
victim of such barbarism, ultimately suffer from various critical diseases like lung cancer
etc.

4.1.3 Children is poverty

Poverty is a major underlying cause for the non fulfillment of the rights of all children.
Poverty strikes children early-even in the womb-poverty robs children of the nurturing
care that is crucial for their mental and psychological development to lead healthy and
productive lives, either through the ignorance of parents of what is needed to ensure early
childhood developments (BCD), or through the pressure of earning a living for the
family.

Poverty is a root cause of poor health and nutrition, child labour, of HIV/AIDS infections,
of trafficking in women and children, and ignorance and denial of rights. In Vicious cycle
malnourished mothers give birth to underweight babies; parents lacking access to crucial
information are unable to optimally feed and care for their children. The country needs to
raise family income, the sooner, the better.28

4.1.4 Violence against children

From January 2012 to 16 December 2013, the key children's rights' watchdog BSAF
reported on 2,755 incidents of violence, abuse, exploitation and acts of negligence against
children. By contrast, in 2011 the number of total incidents was recorded as 3,975. In
2011, it reported that 155 children were killed, 114 girls were raped, 386 children went
missing, 42 children committed suicide and 15 children^ suffered acid attacks.
Reports of Violence against (Till 16 December)

Nature of violence Total

Murder 155

Rape and murder 20

Rape 114

Other sexual violence 33

Missing 386

Kidnapping 119

Trafficking 112

Suicide 42

Others types of violence, abuse, exploitation and neglect 1,759

Total Number of Incident 2,755

Source-BSAF, ASK's own fact-finding reports underscored the high level of violence and
exploitation faced by child domestic workers. The report below highlights the difficulty
of seeking justice and accountability in such cases given the vulnerabilities
of the child and her family and the absence of effective investigation of prosecution.

4.1.5 Arrest and detention of children

Arrest and detention of children continued in 2008, with a slight reduction in the total
number of new admissions compared to higher number of new admissions compared to
higher number of release from jails. According to Save the Children UK, from January to
October 2013, there were 939 new admissions in 57 jails, and some 1098 children were
released from the jails in the same period. Of these children, 82 children (from January to
May 2013) were arrested under the Special Powers Act, despite a Police Headquarters
directive of TAugust 2013, pursuant to the National Task Force decision that no children
would be arrested under the Special Powers Act.

4.2 Children in Hazardous Occupations.

Bangladesh's international commitments have yet to be endorsed in a National Policy on

Labour. The country's laws relating to minimum age vary for different forms of work and
reveal discrepancies. Enforcement is difficult given the enormity of the problem, an
unaccountable and poor inspection structure and the supply factor. These laws in any
case, apply to the formal sector only, where a small percentage of child workers are
employed. The informal sector remains totally unregulated.
Most of these laws enacted under British rule are outdated and do not meet current needs.
They include the Mines Act (1923).The (Children) Pledging of Labour Act (1933),
Employment of Children's Act (1938). Other enactments such as the Tea Plantation
(Labour) Ordinance (1962), The Shops and Establishments Act (1965), There is also a
need to recognize that existing conditions of work such as long hours, lack of rest stress
and occupation hazards violate child rights and need to be addressed.

Given the state of poverty, children are frequently used as a means of financial support
and may even provide mobility for poor families. It is customary to engage children as
apprentices in traditional forms of work and family child labour is common particularly in
agriculture and the rural economy. But policies promoting profit oriented growth and
global competitiveness have also induced the recruitment of children at low wages and in
poor conditions of work.

Some factories have continued to hire young girls, without verifying their age. The
country Report stated that the percentage of under age workers had come down from 43
percent in 1995 to three per cent in 1998. Many of them, however, were known to enter
into worse occupations after removal from their factories. An earlier ILO study had
identified 27 types of hazardous economic activities in which children were employed.
Hazards include exposure to gas, fumes, harmful chemicals, sharp equipment, rotators
machineries, heavy loads, harmful corrosive substance, electricity, flames, heat, cold,
high levels of noise, silica, dust, iron dust, common dust, asbestos, dirty environment and
bacteria. Work related injuries and other health disorders were common to children in
such occupations. Under a 1994 MOD between the Government of Bangladesh and ILO-
IPEC, 78 programmes have been undertaken by Government agencies, non-government
organisations and trade unions to
Most of these laws enacted under British rule are outdated and do not meet current needs.
They include the Mines Act (1923).The (Children) Pledging of Labour Act (1933),
Employment of Children's Act (1938). Other enactments such as the Tea Plantation
(Labour) Ordinance (1962), The Shops and Establishments Act (1965), There is also a
need to recognize that existing conditions of work such as long hours, lack of rest stress
and occupation hazards violate child rights and need to be addressed.
Given the state of poverty, children are frequently used as a means of financial support
and may even provide mobility for poor families. It is customary to engage children as
apprentices in traditional forms of work and family child labour is common particularly in
agriculture and the rural economy. But policies promoting profit oriented growth and
global competitiveness have also induced the recruitment of children at low wages and in
poor conditions of work.
Some factories have continued to hire young girls, without verifying their age. The
country Report stated that the percentage of under age workers had come down from 43
percent in 1995 to three per cent in 1998. Many of them, however, were known to enter
into worse occupations after removal from their factories.32 An earlier ILO study had
identified 27 types of hazardous economic activities in which children were employed.
Hazards include exposure to gas, fumes, harmful chemicals, sharp equipment, rotators
machineries, heavy loads, harmful corrosive substance, electricity, flames, heat, cold,
high levels of noise, silica, dust, iron dust, common dust, asbestos, dirty environment and
bacteria. Work related injuries and other health disorders were common to children in
such occupations. Under a 1994 MOU between the Government of Bangladesh and ILO-
IPEC, 78 programmes have been undertaken.
by Government agencies, non-government organisations and trade unions to
ameliorate these conditions.
The most serious hazards are faced in ship breaking and domestic service. In the former,
children have suffered serious casualties. Child domestic workers receive a pittance for
long hours of difficult and dangerous tasks, they are deprived of education, and are often
subjected to violence and security. Working within homes means that they are separated
from their families and isolated from the outside world, and therefore unable to access
any help. The violence range from physical torture, rape, and forced abortion. Seven
victims died as a result of 'physical torture '. The police filed criminal changes in only a
few cases , while in some instances parents guardians were silenced with direct
compensation or threats to the family. Even when cases were filed, the trial period was so
long, that the child had to be protected in a shelter home, while the perpetrator was able to
obtain release on bail.

The tardiness of the law appeared to frustrate justice. A case filled by ASK in 1996 on
behalf of a young girl of eleven years, whose throat was allegedly slit by her employers,
is still being heard in count.34

Both Government agencies and non-government organizations have taken on several

programmes for Urban Working Children project. There are a host of projects run by
Bangladesh Shishu Adhikar Forum and other NGO's that provide opportunities for
education , protection of their rights and campaign for changes in laws and policies as
well as in social attitudes. Some legal aid organizations are engaged in advocacy with
employers for more child sensitive working conditions, and have acted on behalf of
working children. While most of these programmes provide much needed support in
cases of violations there is a need to devise strategies to prevent the persistence of
extreme forms of violations.
4.3 Sexual Exploitation of Children
Commercial exploitation of children for sexual purposes may be banned, but the practice
is quite common, and children, both boys and girls are lured into prostitution, either in
brothels or as street workers. The media has also reported cases of some hotels or guest
houses operating a sex trade. Sixteen brothels are officially registered in the country, but
this does not account for a large number of places that function unofficially. While girls
are used in brothels and hotels, boys are reported to be used as street prostitutes.

Legal protection against the employment of persons for commercial sex is provided in
The Suppression of Immortal Traffic Act (1933), The Children Act (1974), and the
Suppression of Violence against Women and Children (2000). These laws make a person
liable to punishment for causing, encouraging or abetting the seduction or prostitution of
a girl under sixteen years, causing or encouraging any person other than the husband to
have sexual intercourse with a girl under sixteen, detaining a girl under eighteen against
her will in a brothel, importing/exporting, buying/selling and keeping in custody a child
for any immoral purposes. The Suppression of Violence against Women and Children Act
(2008) has added two further offences of sexual assault and rape of boys.

The police are legally authorized to remove a girl under eighteen, detained against her
will, for sexual exploitation, or if she is a victim of seduction, and to keep her in a safe
place prescribed by the government. These laws are, however, rarely enforced. And
police officers caught seducing young girls or visiting brothels as clients, have evaded
punitive or even disciplinary measures. Sexual abuse of uncommon, even though it has
not caught media attention. In recent ytfars in two well
4.3 Sexual Exploitation of Children
Commercial exploitation of children for sexual purposes may be banned, but the practice
is quite common, and children, both boys and girls are lured into prostitution, either in
brothels or as street workers. The media has also reported cases of some hotels or guest
houses operating a sex trade. Sixteen brothels are officially registered in the country, but
this does not account for a large number of places that function unofficially. While girls
are used in brothels and hotels, boys are reported to be used as street prostitutes.

Legal protection against the employment of persons for commercial sex is provided in
The Suppression of Immortal Traffic Act (1933), The Children Act (1974), and the
Suppression of Violence against Women and Children (2000). These laws make a person
liable to punishment for causing, encouraging or abetting the seduction or prostitution of
a girl under sixteen years, causing or encouraging any person other than the husband to
have sexual intercourse with a girl under sixteen, detaining a girl under eighteen against
her will in a brothel, importing/exporting, buying/selling and keeping in custody a child
for any immoral purposes. The Suppression of Violence against Women and Children Act
(2008) has added two further offences of sexual assault and rape of boys.

The police are legally authorized to remove a girl under eighteen, detained against her
will, for sexual exploitation, or if she is a victim of seduction, and to keep her in a safe
place prescribed by the government. These laws are, however, rarely enforced. And
police officers caught seducing young girls or visiting brothels as clients, have evaded
punitive or even disciplinary measures. Sexual abuse of uncommon, even though it has
not caught media attention. In recent ye^ars in two well
known cases filed against police officers for rape and death of Yasmin (in 1995) and and
Shima (in 1976) in police custody, four officers were convicted in the first case, while in
the second, the accused were given an honorable discharge for lack of proper
investigation. The cases are under appeal, by the accused in the first case, and in the
second the Government has been persuaded by women's organizations to file an appeal
against the acquittal.

Children of sex workers living with their mothers are forced or lured into this profession.
They are deprived of schooling and exposed to disease and violence. Limited efforts have
been made for reproductive health education in Dhaka. INCIDIN works exclusively for
sex workers; ASK runs workshops on reproductive health for adolescent, mothers and sex
workers, but there are few programmes that address the need of children of sex workers
as well as young women who are able to free themselves from this occupation.

Recent media reports have highlighted instances of sexual violence against children in
institutions, on the streets and in homes. A group known as Breaking are Silence has
taken on a path breaking initiative to reveal such violence in the home, and ASK recently
concluded a study on sexual violence against children which was based on the experience
of six organizations.
Other studies have reported that the high risk age for sexual abuse in the home could be
between eight to fourteen. There is little recognition of this in public police, and the
family is treated as a sacrosanct institution, offering security. Although the minimum age
of marriage for woman is eighteen years, marriage involving a minor does not become
void. The acceptance of child marriage allows marital abuse of under sixteen years olds,
which has both physical and emotiomal dimensions. Institution for the care of children
maintain a closed door policy and are beyond public inspection and monitoring.
According to the Country Report the Social Welfare Department runs 73 orphanages with
a capacity of 10,000 children, three
homes for 225 abandoned children aged one to five years in Dhaka, Chittagong and
Rajshahi and two homes for 500 children for rehabilitation of destitute children. Nine
hundred and fifty privately run orphanages are reported to be licensed under the
Orphanages and Widows Homes Act (1944).36 Corporal punishment is commonly
reported from madrassahs and some schools.

ARISE a large, board based, project started by the Ministry of Social Welfare in 1998 has
attempted to proved vocational training and education to street children, access to safe
shelters, health services and counseling to children in six divisional cities. This project is
implemented in collaboration with NGOs and local community groups and it is hoped
that it will also raise public awareness.

4.4 Immoral Trafficking of children

Increasing concern with the growing incidence of trafficking of children leading to
various forms of exploitation, has been articulated in international, regional and national
forums. Bangladesh is a party to several international conventions including ILO;s Forced
Labour Convention (1949), the UN Convention for the Suppression of the Traffic in
Persons and of the Exploitation of the Prostitution of Others (1949), Practices Similar to
Slavery 1999, Optional Protocol to the Convention on the Rights
of the Child on the sale of Children, Child Prostitution and pornography.

Within the region the state has been a party to the Rawalpindi Resolution (1996) to
combat inter-and intra-country trafficking in children, and has promoted the SAARC
Convention on Trafficking of Women and Children, which could not be signed due to the
postponement of the Tenth SAARC summit. Many organizations
have urged for a reconsideration of the SAARC draft to widen the definition of trafficking
to include purposes other than prostitution .They also recognized a need to separate the
issue of child trafficking from trafficking in women. Whatever the purpose, the process of
trafficking and not only its outcome. The Suppression of Violation against Woman and
Children (2000) prescribed capital punishment or rigorous imprisonment for life life and a
fine for trafficking and abduction of be children for purposes of prostitution. Special
tribunals were expected to be set up under this legislation to expedite cases of trafficking.
Earlier remedies are available under Section 369 of the Penal Code of 1860 and
Suppression of Immoral Traffic Act (1933).58 However, discrepancies in the laws,
inadequate procedures and mechanisms for procuring evidence, complicity or ineptitude
of the la enforcement agencies, sometimes complicity of the child's family and social
acceptance of abduction have been identified as main causes for mistrial in the conduct of
cases.

The Ministry of Woman and Child affairs is currently coordinating a three year project to
deter trafficking in children. The proamme is supported by the Norwegian Embassy and
implemented by the ministry of home Affairs and several NGOs. This project focuses on
training of police and border patrol personnel to handle cases of trafficking, but it has
other components for rehabilitation, through shelters and reintegration. Training in
counseling is also envisaged. A few NGOs sponsored by USAID, have formed a network
known as ATSEC to campaign for prevention of trafficking. A few organizations in West
Bengal are linked with this initiative. Legal aid organizations such as ASK and BNWLA
have helped repatriate children from Pakistan and India, through official channels.
BNWLA claimed that they had rescued ten children from across the border during the
year. ASK lawyers assisted in releasing fourteen children from safe custody in jail. Their
reintegration and rehabilitation is
The lack of long term economic and social policies to create an environment that will
discourage young woman, men and children from seeking distant options and thus falling
victims to trafficking remains a major problem in preventing this violation of human
rights. Government and social leaders need to address the problem from the perspective
of adolescents. Who may be driven by poverty, social discrimination, lack of
opportunities and even threat of violence in their own community.

4.5 Violence against Children

The Woman and Children Oppression Act (2008) in amending the Violence against
Women and Children Act (1995) provided for several protective measures for children
subjected to violence or victimized as a result of violence against women. It specified that
children in need of protection be kept in shelters or half way homes rather than in jail
custody as is the customary legal practice; it recognized the concept of rape of boys
sexual harassment and assault and prescribe severe penalties for maiming of children for
begging.39 The Act contains a provision for maintenance/ inheritance rights for children
born of rape, which has been contested by many human rights and child rights
organizations, because it exposes the child to a potentially dangerous and unwanted
relationship with the rapist and may reinforce patriarchal control.

Media reports have pointed to an increase in crimes of acid burns, rape and their
forms of violence against children. In 165 incidents of low eighteen years. The reason
was mainly their refusal to accept offers, of love, sexual relationship or marriage. In two
cases, acid attacks followed rape. In 2008, 196 minor girls were raped, or rape was
attempted. This included 62 cases of gang rape and three cases of rape by military or
police officials.

4.6 Children in custody

The children in Bangladesh are often faced with a sense of social and psychological
alienation whenever they find themselves imprisoned, either as a result of "protective
custody" (a form of judicial custody) or as alleged offenders awaiting trail. On the whole
children have little opportunity of being heard in a Court of Law, thus increasing the
number of incarcerated children, who are often held in absolute violation of natural
justice.
The tern "Safe custody" of equivalent ones are specifically used in two Acts of
Bangladesh. Under Section 13 of the Suppression of immoral Traffic Act, 1933, the
police can recover a girl under eighteen from such places as brothels and under Section
14 of the same Act the Magistrate usually puts such a girl in "sage-custody" in jail or in a
detention centre of to a relative, if there is any.39

Under section 57 of a more recent Act, the Children Act, 1974, a victimized child is to be
sent to the Juvenile Court and according to section 58 of this Act, they may be committed
to certified institutes or approved homes. In a previous Section 2 (i) the Act defines a
"Place of safety" as place including remand home, or any other suitable institution where
such institution is not available, in case of a male child only, Police Station, in which
arrangement for keeping children separately in custody is available.
The study has found that apart from the above examples there is no strict legal basis of
sending someone to safe custody in any law prevalent in Bangladesh excepting the
following two extenuating circumstances relating to "lunacy" as specified in the Code of
Criminal Procedure, 1898, Which is extensively in use by the Police and the Magistracy.

Whatever the legal and official reason the Police gives to the court or the Magistrate, the
actual reasons for sending the children had been various and sometimes inhuman and
tragic. The reasons can be broadly divided into four categories:
a) As preventive measures
b) On grounds of suspicion
c) On legally acceptably grounds
d) For humanitarian reasons
e) For inhuman and apparently strange reasons.

By for the most abuse form of safe custody internment is the preventive ones, where the
police picks up all street urchins who they can lay their hands on prior to every general
strike or hurtles. Although the children are released soon after the strikes end (generally
after sunset) but in the last two decades, Bangladesh has seen the evolution of general
strikes which continues for two days or more. Police tend to point out that many petty
violence during the strike hours are undertaken by these urchins and they are prone to join
political agitators more for the exchange of a small amount of money. But the fact
remains that once picked up for such reasons; the
children have to remain in police cells for forty-eight hours and at times more.

The next prevalent reason is that of suspicion. This may take various form, but generally
takes the most palpable form where police detains slightly older children as suspected
terrorists under Section 54 of the Code of Criminal Procedure, It may be pointed out that
this seems to be the most common form of harassment the police can subject the children
with legal impunity. Besides, it is very easy for anyone to accuse a child moving around
to find sustenance as a "Vagrant" or pass him of as a suspected thief. One should
remember that while being picked up very few children can give a proper address to the
police for the simple reason that they don't have any thus giving the police another reason
to detain them legally.41

There wear certain cases where the police seems to have legally detained a child for
committed crimes, such as moving illegally in railway goods carriage of illegally
breaking curfew or for prostitution. Although prostitution remains a thorny question yet
to be addressed by the nation, whether gathering flowers as a means of sustenance should
be treated as trespass or mere thief remains debatable.

Only in one reported case among the sixty eight incidents documented in a study did
police act on strictly humanitarian grounds which seemed to have had positive or
beneficial results for the concerned child. In this case the police picked up a minor girl
who was lost and gave her overnight shelter in the police cell. But that is where the
responsibility of the police stopped; they did not try to find the guardians of the child
rather released her in a sport (the police station itself) totally unknown to her.64

There have been reports where police has acted without any shred of humanity.
Hungry children were picked up by the police with the temptation food ( which was not at
all forthcoming in the detention cells). There has been at least one case where the rape
victim herself was detained shale the assailant (incidentally a policeman himself) was left
untouched. There was also a strange and bizarre report where a small boy was picked up
by the police for making noise at night. This too, would probably be explained by the
police as an act of protecting the citizens from unnecessary noise.

The cells at the police stations were cramped and extremely uncomfortably. They were
dark little rectangles, most of the times without even a little bit of skylight. A single small
cell housed more than forty detainees and a slightly bigger one almost a hundred
detainees. The children had forty detainees and a slightly bigger one almost a hundred
detainees. The children had to stand for almost all the time in such places. Sleep was
impossible in such a place.42
 Chapter 5
RECOMMENDATIONS TO PROTECT CHILD RIGHTS

Both government and non-government agencies, during the recent years, have clearly
demonstrated firm commitment to abuse the child rights. The momentum created to date
should be translated into sustainable and systemic changes to the children justice system
of the country. The question is no longer if the rights of the children in conflict with the
law can or should be achieved, but how they are to be achieved. In this chapter, efforts are
put to suggest some way-outs to realize the rights of the children in the justice system.43

5.1 Legal Reforms

Proper and adequate legislative framework is essential for protection of children in
conflict with the law. It is a matter of pride that domestic legal framework for children
justice existed in Bangladesh even before the emergence of international standards. The
Children Act, 1974 preceded the CRC by 15 years and to a great extent the provisions of
this Act are compatible with the international standards.
However, this Act, even after 33 years, is maiden in the sense that no amendment has
been made to this legislation. It is high time we should pay due attention to this Act and
other laws to remove whatever inadequacies or inconsistencies they contain in relation to
international standards. Accordingly the following legal reforms are suggested.44

The application of the Children Act, 1974 and the Children Rules, 1976 should be
extended to the children between sixteen to eighteen. To that effect, necessary
amendment to the Children Act, 1974 should be made to consider everyone below the age
of eighteen as 'child' Jurisdiction of the Special Tribunal established under the Special
power Act should not extent to the children in conflict with the juvenile courts all
exclusive jurisdictions over the children in conflict with the law.45

Contacts between the law enforcement agencies and a child offender should be managed
in such a way as to respect the legal status of the children, promote the well being of the
children and avoid harm to her or him. Accordingly, use of handcuffs in the arrest of a
child should be strictly prohibited by law.

Section 48 of the Children Act places restrictions on the authority of the police to release
an arrested an child on bail stating that the police should not release a child if such release
is likely to 'bring the child into association with reputed criminals' or 'expose him to moral
danger' or 'defeat the ends of justice'. Herein the last two grounds are too broad and hence
be omitted.
Legislative intervention is recommended to put a closure on the judicial debate
JC

over the issue of 'relevant date'. Such legislative intervention should unequivocally
prescribe that the benefit of the children justice system should be available for everyone
who was a child at the time of the alleged date of occurrence of the offence with which he
is charged.46

To ensure that no child is deprived of the procedural safeguards of the Children Act,
1974, section 66 of the Act is be amended as such: "If a question arises as to whether
finding after such inquire, which shall include a medical report for determination of the
age of the child".

Every child who is accused of the commission of an offence should be entitled to have the
right of legal assistance at the expense of the State. Arrest of a child on suspicion should
be strictly regulated by law leaving the least minimum discretion in the part of the law
enforcing agencies.
Arrest of children under the preventive law should statutorily be prohibited. A pro-child
explanation should be added to section 51 of the Children Act to interpret the terms
'unruly' and 'of depraved character' occurring in 1st proviso 51(1). Additionally it should
statutorily be prescribed that every judgment offering punishment of any child should
state why the trial judge regards the child concerned as' unruly' or 'of depraved charter' so
that the satisfaction of the trial judge can be subject to scrutiny by the higher courts,46

Possibility of a child being subject to adult punishment should be ruled out by legislative
intervention. It is therefore recommended that even if a child is subjected to punishment,
the quantum of punishment be not more than one third of adult punishment.
Where detention is unavoidable, greater contact between a child and his family is
expected in the child's best interest. As such, restrictive previsions of the Children Rules
regarding family contact should be amended to make it compatible with the
international standards.
Provision of corporal punishment contained in the Children Rules should be repealed.
Any child detained in any KUK should not be sent to jail to undergo the
AQ

term of kept in the KUK concerned even after attaining the age of 18 years. There should
have statutory prescription to the effected that arrest of a child in conflict with the law
should be used only as a matter of last resort; That detention shall be used only as a
measures of last resort and for the shortest appropriate period; and that any sentence
imposed on a child shall be proportionate to the gravity of the offence and to the
circumstances and needs of the child.

5.2 Executive and Administrative Actions

Protection of children in conflict with the law cannot be ensured merely by legal reforms
unless executive and administrative bodies or agencies show real commitments and make
sincere efforts. Sometimes executive or administrative inaction or insensitivity
contributes a lot of sufferings to these children. Hence, the following recommendations
are made.48
Regular meetings of NTF,DTFs and UTFs should be ensured. The government should
prepare a yearly report on the situation of the children justice system of the
country. This report should be meant to be placed and discussed before the parliament
and also be made available to the public.49 Adequate number of remand homes and
places of safety in the vicinity of police stations should be constructed. The committee of
visitors for the KUK should be formed.

While being transported form the police station to the court, children are not to be
allowed to associate with adults. On receiving a child in conflict with the law, the KUK
authority should be supplied with the report from the probation officer so that they can
assess the situation of the child more realistically, including his socio-economic
background and accordingly facilitate the rehabilitation of the child concerned.49

Where the authorities of the KUK come to a finding that a child has been reformed and
may be released, implementation of the decision to release the child should be expedited.

5.3 Training of Persons dealing with Children in Conflict with the Law.
The Beijing Rules draw attention to the need for specialized training for all law
enforcement officials who are involved in the administration of children justice. The
Rules stress that professional education, in-service training, refreshed courses and other
appropriate modes of instruction shall be utilized to establish and maintain the necessary
professional competence of all personnel dealing with chlldre4n cases. Similarly, the UN
Guidelines for Action on Children in the Criminal Justice System prescribes: "All persons
having contact with, or being responsible for children in the criminal justice system
should receive education and training in human rights, the principles and norms in
juvenile justice as an integral part of their training in human rights, the principles and
provisions of the Convention and other United Nations
standards and norms in juvenile justice as an integral part of their training programmes.
Such persons include police and other law enforcement officials; judges and magistrates,
prosecutors, lawyers and administrators; prison officers and other professionals concerned
with juvenile justice".51 In Bangladesh, currently juvenile justice training is generally
being conducted on an ad hoc basis, and numerous duplicative training manuals and
training programmes have been developed with the support of various NGOs,INGOs and
donor agencies. It is recommended that juvenile justice training be standardized,
institutionalized and more systematic. In particular, training programmes should be based
on participatory techniques that promote sensitization and behavioral change. Building
the capacities of persons concerned and their understanding of child rights and sensitivity
towards children must be carried out on a large scale. It should not be a one-time training
programme, but should be a regular and continuous process.50

5.4 Protecting children's rights through birth registration in Bangladesh

Birth registration protects children's rights in several ways. Firstly it assists in the
implementation of child protection laws. There are many laws in Bangladesh that protect
children from early marriages, child labour, child prostitution and youth detention, and
yet they are rarely applied, as it is difficult to establish the ages of children. Magistrates,
for example, regularly assume a child is 17 during sentencing, thus circumventing
juvenile detention laws. Similarly the majority of girls are married illegally under the age
of 18, with ceremonial staff unable to determine their ages.
Secondly, birth registration assists in planning. Apart from a census conducted every ten
years, planning officials simply do not know how many children are being
born in different areas, making the allocation of educational and medical resources
extremely difficult. The health workers and family planning officers who have
enthusiastically volunteered their time to the project have reported that registration
activities have minimized drop-out rates during immunization periods.51

born in different areas, making the allocation of educational and medical resources
extremely difficult. The health workers and family planning officers who have
enthusiastically volunteered their time to the project have reported that registration
activities have minimized drop-out rates during immunization periods.51

With everything pointing to a successful campaign in 2001, UN1CEF Australia plans to

extend the project to other districts in future years. Through birth registration, Aus AID
and UNICEF Australia are combining to create a better life for Bangladeshi children.
Sometimes the law enforcing agencies, in violation of law, file cases against children
below the minimum age of penal responsibility. To uproot this practice, exemplary
administrative and judicial actions should be taken against the delinquent personnel.

Sometimes the law enforcing agencies, in violation of law, file cases against children
below the minimum age of penal responsibility. To uproot this practice, exemplary
administrative and judicial actions should be taken against the delinquent personnel.

5.5 Role of media

Media should play a pro-child role in defending and protecting the rights of the children
in conflict with the law. The establishment of appropriate child justice mechanisms can be
difficult if public opinion favours tougher responses and harsher sentences.
Unfortunately, in Bangladesh, most people regard the children in conflict with the law as

'Junior criminals'. To change this popular attitude, media should improve the image of
these of these children through reporting. Media should also teach children about their
rights and how to fight for them. Media can also expose any irregularity in dealing with a
child in the justice system and thereby accelerate prompt correction.54
To encourage the media to play these roles, the government as well as the nongovernment
organizations can introduce media award for reporting on children in conflict with the
law. At the same time, attention should be given to ensure that children in conflict with
the law are not prejudiced or adversely affected by any
media reporting. The Sri Lanka Press Councils Code of Ethics for journalists even
establishes standards for reporting on juvenile justice cases. In Pakistan, media agencies
recognized the problem of negative reporting on children, and independently and
voluntarily developed a media.code of ethics on children'issuse. This code is seen as
having an important impact for promoting children's rights awareness, particularly in the
print and electronic media. Development of similar ethical code is recommended.^5
 Chapter 6
CONCLUSION

Bangladesh is one of the world's most densely populated counties, placing presume on
land and other renounces many families in Bangladesh like in extreme poverty and
consequently their children have to work long hour to work long hours for very low
wages instead of going of school. For this reason, the Government takes various policies
to bring these children to school. Like if a child goes to school then he on she will get
crops from the Government.

In Bangladesh poverty is often made worse by floods in the Gauges and Brahmaputra
River Deltas where Bangladesh is situated so that, poverty always knocking the door of
people of Bangladesh. As a result, the poor people gives birth more and more children.
And engages them to work in stead of going to school..To decrease this tendency the
Government of Bangladesh and other NGOs, or organization works for promotion of
family planning. This effort works now.The Government was generally responsive to
children's right and welfare. Many of these efforts were supplemented by local and
foreign NGOs, and these joint e/forts allowed the country to make significant progress in
improving health nutrition, and education. However, slightly more than one - half of all
children were chronically malnourished there are laws in Bangladeshi that children
between 6 and 10 years of age must attend
to school through the tenth grade. Primary education is free and compulsory.

According to Education Ministry Statistics 97 percent of School age Children were

enrolled in Primary Schools during the year. The Government expanded incentives for
female education by making education free for girls up to grade 12 and using a stipend
system from grades 6 to 12. Boys received free education up to tenth grade. There are few
Government Hospitals designated exclusively for children and boys and girls has equal
access to medical care in Government Hospitals.

In Bangladesh there are approximately 48 million children and adolescents below the age
of 18 years. It is more than 35% of country's entire population. Bangladesh is a party of
the United Nations Convention on the right of the child (CRC). Which is a human rights
treaty created specially to promote and protect child rights world wide. Adopted
unanimously by the United Nations General Assembly in November 20, 1989 and
instituted as international law in September 2, 1990 Bangladesh was one of the first
countries to sign the CRC on January 26, 1990 and it completed the accent if CRC on
August 3, 1990, September 2, 1991 was a historical day fro Bangladesh, because CRC
was ratified by parliament of Bangladesh with two-third majority, and has accepted all of
the provisions of the convention, but has expressed its reservation to Article: 21 which is
against inter country adoption of children

As a member state of CRC Bangladesh has to maintain all the laws relating to child
rights. And should taka proper steps to candy the provision of CRC. Child right protection
efforts in Bangladesh should address and remedy conditions that make children
vulnerable to recruitment by armed groups, including poverty, discrimination the use of
child labor, exposure to abuse, including sexual abuse, child trafficking, etc. Particular
attention should programmes for protection of child rights?

The Government should establish a mechanism that works closely with human rights
NGOs and child protection agencies to monitor the recruitment and use of
children by redial elements and criminal gangs, to provide the Government national and
international child rights protection agencies, dorm and other relevant actors with
accurate, up-to- date information about the prevalence about the patters and root causes of
such practices in order to inform their interventions.

Poverty in Bangladesh pressures the young child to work, often at the expires of
education According to the International labor organization. (ILO), There are 21.6 million
working children in South Asia. In Bangladesh, the estimated member of working
children is 7.9 million out of 35 million of whom almost 60% are male the Government
should taka steps to decreased these number and provide for them food shelter and
education. Last of all I want to say that child of today are the future of tomorrow, so, we
should take proper care of them. And try to maintain and protect their rights. For this we
should take proper steps, and also aware of their rights. So that we should take these
steps.
 References

Books

1. Borhan Uddin Khan &Muhammad Mahabubur Rahman. Protection of Children in

Conflict with the Law in Bangladesh. 1st ed.2014 (Save the Children UK)

2. Human Rights in Bangladesh (Dhaka: Ain O Shalish Kendra, 2008)

3. N.V Pranjape ,Crimonogy and Penology (Allahabed Central Law

Publication).!*)

4. Shahdeen Malik 'The Children Act, 1974: A Critical Commentary,

(Dhaka: Save the Children UK, 2012)

Journal

1. M. Shawkat Alam 'Protection of Children Rights: National and Global

Approach', The Dhaka University Studies, Part-FVo\ (1).

2. Taslima monsoor 'The Convention on the rights of the Child: Prospects for

International enforcement', The Dhaka University Studies, Part-F, Vol 111 (l):77-97,June

1992
IT.

3. Shahnaz Huda, 'The Imperiled Bangladeshi girl Child', The Dhaka University

Studies, ?arfFVol.VI(l),49-66.June,1996