Explain ambiguity in Children Act: HC

The High Court today sought explanation from two ministries regarding ambiguity in Children Act, 2013 in holding trial of an adult accused in a case filed under this law.

The secretaries to the legislative and parliamentary affairs division of law ministry and the social welfare ministry have been directed to submit the explanation in this regard to HC within seven days.

The bench of Justice M Enayetur Rahmim and Justice HBM Hassan also fixed August 26 for passing further order on this issue.

Under the Children Act, 2013, only the child court is empowered to hold trial of the offence if a child is a victim or witness of the case. But, there is no specific mention in this law as to which court will hold the trial if an adult person is accused in a case under this law.

Earlier in March this year, the HC bench sought explanation from four judges of child courts in Dhaka, Rangpur and Cox’s Bazar on this issue while going through the vagueness of the law during hearing the bail petitions of four adults accused in separate cases under the Children Act.

The HC also issued separate rules upon the government to explain as to why the accused petitioners should not be granted bail in the cases filed against them under the children law.

The judges of the child courts recently submitted explanations saying that there is no specific provision in the Children Act, 2013 on what will be the process for holding trial and granting bail to an adult accused in a case filed under the law.