Are duty bearers accountable?

THE horrific story of a murdered boy got published in The Daily Star on March 16, 2015. The report entitled, “Sylhet numbed” revealed involvement of a police constable and his accomplishes. One of the accomplices is also a leader of an affiliated organization of the ruling party as it appeared in the report. The prime accused was known to the child and his family as the constable used to live in their house as a tenant. It has brought forward a sensitive issue upfront that people known to child and family might be responsible for gross violation of child rights. 

On the following day, abduction and killing of another boy published in the noted Bangla daily Prothom Alo (March 17, 2015). A 10 year boy in Dinajpur was strangled to death as his father failed to pay ransom. As appeared in the newspaper report, the boy was brutally tortured before abductors finally killed him. The family lodged general diary with police but it was not possible to rescue the boy alive. His uncle discovered the dead body in a nearby oat field in the village.  

For children, the right to life is the chance to be able to live and have the possibility to grow, to develop and become adults. This right comprises two essential aspects: the right to have one's life protected from birth and the right to be able to survive and develop appropriately. Bangladesh is one of the earliest signatories of UN Convention on the Rights of the Child (CRC). Like other human rights conventions, right to life has been highlighted in this convention. It has been stated in Article 6(1), “States Parties recognise that every child has the inherent right to life'. It has further been elaborated in the later part of article. “States Parties shall ensure to the maximum extent possible the survival and development of the child”- said in Article 16(2).

As per the provision of the Penal Code 1860; a person whoever kidnaps any person from Bangladesh or from any legal guardian shall be punished with detention of either description for a term which may extend to seven years and shall also be liable to fine. Furthermore, Section 364 prescribes the punishment for kidnapping or abduction where the intention is to murder up to imprisonment for life or rigorous imprisonment for a term, which may extend to ten years and fine also.

There are further provisions of punishment for the abduction of children under the age of ten. If a person kidnaps or abducts any child under the age of ten, in order that such child may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person, shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to fourteen years, and shall not be less than seven years.

However, children are increasingly facing threats from people known to them and duty bearers have largely failed to ensure protection for children. The State, through its agents, is the principal duty-bearer responsible for fulfilling the child's right to life. It has been stated in article 4 of the CRC, “States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation”.

Will there be appropriate measures in place to protect children from abduction and killing?

The writer is a human rights worker.