Contribution of Bangabandhu to the development of juvenile justice system

Bangabandhu Sheikh Mujibur Rahman had undertaken a number of initiatives for the overall development of the children. During the short tenure of three and half years, Bangabandhu contributed substantially to enact various laws; one remarkable piece of legislation was relating to the protection and safeguard of the children in Bangladesh, namely, the Children Act, 1974. After fifteen years of the enactment of this law, the United Nations (UN) adopted the United Nations Convention on the Rights of the Child (UNCRC) in 1989. The 1972 Constitution of Bangladesh had also emphasised to make provisions for the progress of the children in Article 28(4) which spells out that, "Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens". It was held in the State v Md Raushan Mondal @ Hashem that the Children Act, 1974 was the direct manifestation of Article 28(4), which has been placed in Part III of the 'Fundamental Rights' of the Constitution. Moreover, Bangabandhu had made the primary education free for all and made secondary education free for girls. Because of his special affection and eternal love for the children, the birth anniversary of the Bangabandhu is being observed as National Children's Day on 17 March every year since 1996.

The Children Act, 1974 provided for the protection and treatment of children either in contact with law or in conflict with law. Juvenile courts were also established under this Act. The Children Act, 1974 was not only the pioneer domestic legislation for protecting children rights in the then contemporary world but also a model legal instrument for many international treaties. Under the visionary leadership of Bangabandhu Sheikh Mujibur Rahman, the Children Act, 1974, as a remarkable domestic legislation paved the way to develop a child friendly juvenile justice system as well as to ensure their rights when the children are in contact with law.

Over the time, new concepts have been introduced in the juvenile justice system. As a signatory country to the UNCRC, it became the obligation of Bangladesh to comply with the provisions of the UNCRC. In this context, under the prudent leadership of the Honourable Prime Minister Sheikh Hasina the Children Act was enacted in 2013 which replaced the Children Act, 1974. The main purpose of the 2013 Act is to protect children (defined as those under 18 years) through various measures including diversions, restorative justice, the guarantees of a fair trial, support for social reintegration and the development of a child-friendly Children's Court in the country.

Nonetheless, the juveniles of Bangladesh are deprived of proper protection of law and are usually harassed within the criminal justice proceedings. The effort of keeping the juveniles out of the formal criminal justice system is also a part of juvenile justice system. It is needless to say that an effective legal and institutional framework is indeed necessary for the children who have already come in contact with law and also in conflict with the law. Another important aspect is to create an appropriate institutional set up to enforce the laws, rules, and policies properly. For the betterment of the society, there is no alternative but to devote all possible efforts for the well-being of the juveniles. It is hoped that the policy makers, the academics, the civil society, the executives and the judiciary will put their all efforts for a justice-focused juvenile justice system in Bangladesh to fulfill the dream of Bangabandhu Sheikh Mujibur Rahman.

The writer is Assistant Professor of Law, Jagannath University.