PARTICIPANTS’ PAPERSJUVENILE JUSTICE IN BANGLADESH
Md. Shafayet Hossen Talucder＊

I. PUBLIC PARTICIPATION IN COMMUNITY CORRECTIONS
A. Introduction
Bangladesh is the most densely populated country in the world. We have about 150 million people in a
147,570 sq. kilometer area. There are over 68 million (six-crore eighty-lac) children below the age of 18
years in this country. Perhaps children are the most vital part of a nation. Today’s children are tomorrow’s
civilians, leaders, professionals, workers, or possibly thieves, vagabonds or criminals of the highest
category. Juveniles are our future citizens, and they will lead us in the various activities of our social aswell as state life in the future. Bangladesh is a newly born state. We achieved sovereignty on 16 December
1971, so we have just passed 43 years of independence. As a newly born independent country we have aconstitution and have many laws, acts, policies that can help us to run our lives smoothly and on the other
hand it is our safeguard and as well as our rights. The Ministry of Social Welfare has announced the
National Social Welfare Policy 2005 for the citizens of Bangladesh; in the policy, article 5.0 incorporated aclause where children in contact and conflict with the laws are given safeguards, that is Correction andrehabilitation of the delinquents and offenders. The Children Act 2013 is a unique law for the children,
where the custody, care, trial and treatment of children and punishment of youthful offenders who might
be in conflict with the law of the country. Probation is a lawful provision where adults and juvenile havethe opportunity to correct his unlawful activities as a first offender and minor offence. In addition, there isa lawful option to receive conditional discharge where a person not proved to have been previously
convicted is convicted of an offence punishable with imprisonment for not more than 2 years, having
regard to age, character, antecedents, or physical or mental condition of the offender and nature of offence.
The urban population of Bangladesh is rising fast and is currently in the early stages of its own urban
transition. The experiences of Bangladesh’s children are becoming increasingly urbanized, and it willchange the negative dimensions of urbanization, especially for those children. In Bangladesh, we have notexperienced any counter youth culture like Teds, Mods, Rock’n’Roll, Hippy or Punk of Britain or any
young gang culture of the U.S.A. outraging moral and social concern. But the process of urbanization(which started from the 1960s), migration from village to city (which started at a large scale from the
1980s), vulnerable economic conditions and impact of globalization caused social transformation, thoughslow, of Bangladesh. The large joint families started to break into segments and single parent families
gained prominence. Economic deprivation, unemployment, poverty, flimsy family ties, media influence andcriminalized politics made a fertile ground for increased rate of juvenile delinquency. There are three correctional centres in Bangladesh for rectification and rehabilitation of juveniles: two (one is in Tongi, andother in Jessore) for male children, and one (it is in Konabari) for female children. Two categories ofchildren are kept there. The first category constitutes uncontrollable children and those referred byparents and the second category comes to the correction centres after committing offences and beingreferred by courts.
B. Causes of Juvenile Delinquency
A considerable segment of people of this country are very poor. They live below the poverty line interms of the true indicators of poverty. According to recent statistics, around 6.5 million people of Bangladesh are living below the poverty line. Due to poor economic conditions, parents cannot get their children
to go to educational institutions and assist them in developing good educational or vocational careers.
Parents want their children to assist them in field work instead of going to educational institutions.
Sometimes parents cannot provide their children with all basic necessities of human life, specifically foodand clothing. Then the poor children set their legs out towards criminal activities. The children do not
Principal (Deputy Director), Department of Social Services, Ministry of Social Welfare, Bangladesh.

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know which activities are lawful and which are not. They require some work which can provide their foodand clothing. Organized gangs deploy poor children in criminal activities by taking advantage of their vulnerable economic condition. Recent statistics show that a huge number of poor children (under 18 years ofage) of Jessore and Khulna have been deployed in carrying Phensydil and other contraband drugs. Somepoor children become members of pick pocket gangs and petty thievery. Problematic family is a crucial
cause for the deviation of the juveniles. Absence of father or mother due to death or divorce, lack ofparental control, lack of home discipline, bad relations between father and mother, and the presence ofcriminals among the members of family are the principal indications of a problematic family. Due to these
problems the mental growth of a child takes an abnormal course. In slum areas, adult males and females
get married several times. They have children of their first and second marriages. These children are notusually taken care of. These neglected children become notorious criminals of different organized gangs.
The juveniles of a well-off family having a father residing abroad derails due to lack of the father’s
guidance. They get huge amounts of money from their father. Affluence and the father’s absence makes
the juvenile get involved with a vicious circle.
Due to poverty, loss of land by river erosion, and unemployment lots of people have been migratingfrom different parts of the country to Dhaka and other metropolitan cities. Large scale migration fromvillage to city started from the 1980s. Many women of rural areas came to the city and started working ingarment factories. This titanic migration had a degenerating affect on city life destroying the social equilibrium of Dhaka, Chittagong and some other metropolitan cities. The people coming from villages usuallytake shelter in slum areas, on the pavement and streets. They are deprived of basic necessities and basic
amenities of life. Father and mother of the family go out of their abode at the very first hour of the day
for earning money, leaving their children uncared for and uncontrolled. In this situation (popularly known
as tokai), children are used by the politicians in their political activities, which include picketing and ransacking cars and shops. They are also utilized by the organized gangs in their criminal activities. Surrounding environment of slum area, smuggling zone and crime prone areas are very vulnerable for thejuveniles. When residing in such areas juveniles come in contact with criminal patterns and learn criminal
techniques, then they become notorious criminals. Action movies and obscene pictures have a negative
impact on the mind set of the juveniles. The violence and sexuality visualized in the movies make thejuvenile to go brothel and involve them with violent activities.
C. The Legal Response (National Legal Framework)
1. The Constitution
The Constitution of the Peoples Republic of Bangladesh, although being one of the best Constitutions in
the world, does not include any direct article regarding juvenile justice. However, few articles indirectly
describe the issue of child’s rights, safety and protection. Article 15 reveals the fundamental responsibilityof the state to ensure the right to social security, that is to say, to public assistance in cases of undeserved
want arising from unemployment, illness or disablement, or suffered by widows or orphans … Article 17
says that the state shall adopt effective measures for the purpose of extending free and compulsory
education to all children. Article 28(4) empowered the state to make special provision in favour of womenand children (Govt., 2011). Besides, some other articles indirectly facilitate the process of children welfare.
2. The Penal CodeIn the Penal Code 1860, there are a number of sections which include penal measures for offence done
to child and also done by the children.
Section 82: Nothing is an offence which is done by a child under nine years old.
Section 83: Nothing is an offence which is done by a child above nine years of age and under 12, who
has not attained sufficient maturity of understanding to judge of the nature and consequences of his
conduct on that occasion.
Section 89: Nothing which is done in good faith for the benefit of a person under 12 years of age, or of
unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful
charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doerto cause or be known by the doer to be likely to cause to that person: provided…

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Section 90: A consent is not such a consent as is intended by any section of this Code, unless thecontrary appears from the context, if the consent is given by a person who is under twelve years of age.
Section 305: If any person under 18 years of age, any insane person, any delirious person, any idiot, or
any person in a state of intoxication commits suicide, whoever abets the commission of such suicide shallbe punished with death, or transportation for life, or imprisonment for a term not exceeding ten years, andshall also be liable to fine.
Section 375: Offence of rape is committed when the women are under fourteen years of age eventhough she had consent (Govt., 1984).
3. The Code of Criminal Procedure 1898
The most important provision in the Code of Criminal Procedure 1898 (Cr.P.C) is section 497 which
provides that an accused under the age of sixteen years may be released on bail even in the cases of nonbailable offences.
4. The Children Act 2013
The Children Act 2013 was enacted to consolidate and amend the law relating to the custody, protection and treatment of children and trial and punishment of youthful offenders. The act is one of the mostimportant and beneficial which includes unique, innovative, diversified and tailored provisions to address
the hydra-headed necessities of children. Some of the important features of the act are provision of
separate trial arrangement for children, withdrawal of persons from court, special consideration duringpassing order by the court, restriction on disclosure of identity of a child, establishment and managementof certified institutes and remand homes, appointment of Chief Inspector and POs, penal measures for
cruelty to children. On the other hand, the government has made the Children Rules to facilitate theproper implementation of the act.
5. The Probation of Offenders Act 1964
The act contains sections regarding PO and Probation Orders. The provisions of the act are mainly toassist the first-time offenders of particular offences issuing probation orders for a certain period of time
instead of imprisonment. For proper implementation of the act The Probation of Offenders Rules 1971
have been made. The act facilitates among others, the process of issuing Probation Orders under theChildren Act 2013.
6. The Nari O Shishu Nirjaton Domon Ain 2000
The Nari O Shishu Nirjaton Domon Ain 2000, meaning the ‘Suppression of Violence Against Children
and Women Act 2000’, rightly focused on the offences against women and children. This is an important
act as it includes some provisions with major punishment for offences committed against children. Amongothers, the offences are impairment of eyesight or hearing capacity of children by inflammable, corrosiveor poisonous substances, trafficking in children, engaging children in prostitution, kidnapping of children,
selling and buying of children, detaining children for ransom, rape, sexual harassment, dissection of limbs
of children etc.
7. The Children Policy 2011 and the Youth Policy 2003
The National Youth Policy 2003 has been made to engage the youths in society and nation building activities. The policy also firmly aimed at making an environment congenial to abstaining youths from
offensive activities. In the Children Policy 2011, determination is expressed among others, to apply the provisions of the Children Act 2013 while addressing the issue of children in conflict with law, children incontact with the law and children’s rights in judicial procedure. The policy also contains the commitmentof enactment of different acts, rules and guidelines to ensure the children rights.
D. The Role of the Court: Establishment of the Children’s Court and its Functions
The Children Act 2013 provides that, for the purpose of the Act and for trial of offences thereunder, atleast one court is to be established in every district headquarters and in every metropolitan area as thecase may be. Such court shall be called “Children’s Court”. Pursuant to section 16(1), the Department of
Law and Justice in consultation with the Supreme Court is mandated to declare, by notification in theofficial Gazette, one or more court of Additional Sessions Judge in a district or metropolitan area, as the113

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case may be, as the Children’s Court. If there is no Additional Sessions Judge in any district, then theDistrict and Sessions Judge shall discharge the responsibilities of a Children’s Court in addition to his own
responsibilities.
1. Participation of Child in Court Proceedings
In consonance with article 12 of the Convention on the Rights of the Child (CRC), the Children Act
2013 Section 22 provides that to participate in person at all stages of the trial shall be considered as aright of the child. It is also provided that the presence of the child may be dispensed with at any stage
during the trial if his presence is not necessary in his best interest, subject to his consent and the trial orproceeding shall continue in his absence. Provided that the presence of the child’s parents or, in theirabsence, foster parent or the guardian or members of his extended family and also the Probation Officer
and his lawyer shall be ensured. The child shall be informed of the steps taken during the proceedings
and those to be taken. It is the duty of the lawyer engaged on behalf of the child and the Probation Officer
to explain to the child in easy language any decision or order of the court and also the nature and consequence of the proceedings.
2. Arrest, Investigation, Diversion and BailNo children below the age of 9 years may be arrested under any circumstances. If necessary to arrest,
they will send to safe custody or alternative care according to the Children Act 2013. This provision is
now incorporated in the Children Act 2013, which provides that notwithstanding anything contained inany other law or the Code of Criminal Procedure, if the case of any child is not dealt with by way ofdiversion, the court may release the child on bail with or without surety, whether or not the offence
alleged is bailable or non-bailable. Instead of formal trial or any stage of trial the court shall decide on
diversion.
3. Social Inquiry Report
This is another elaborated provision of the previous law relating to a report to be produced before the
Court by the Probation Officer. Within 21 days of production of the child before the Children’s Court theProbation Officer is mandated to submit before the court a social inquiry report in the manner prescribedby Rules and a copy of the same shall be submitted to the nearest Board and Department 33. The mattersto be included in the social welfare report are detailed in section 31(2), and include a description of thechild’s family, social, cultural, financial, psychological, ethnic and educational background and also regarding
the condition and locality in which the child lives, as well as the circumstances under which the offence
took place. The enquiry report shall be deemed to be confidential.
There is a prohibition on reporting any matters relating to any case or proceeding involving a child. In
any case under trial before the Children’s Court where a child is involved in the case or as a witness, nophotograph or description of the child shall be published in any print or electronic media or through theinternet which may directly or indirectly identify the child unless it is apparent to the court that such
publicity will not be harmful to the interest of the child in which case the court may permit the publication of the child’s photograph, description, news or report.
E. Institutional Correction Process in Bangladesh
The offender treatment process is not so effective in Bangladesh. The juvenile correction process run
through the Ministry of Social Welfare and the adult prisoner jail authority try to make them free fromcontaminating other heinous offenders or criminals. That means they are trying to categorize theoffenders according to their behaviour, the nature of the crime and psychological condition. On the other
hand, every jail authority has taken vocational training programmes for woman prisoners, who can easily
participate in training like sewing, stitching, handicraft making and others kinds of vocational training forthem. Every male prisoner can participate in various type of vocational training and other training activities. Our Jail authority is trying to ensure vocational programmes for every prisoner. But these types ofprogrammes have not been available for all prisoners. Our corrections programme for the prisoners has
not been introduced earlier in Bangladesh and it depends on court or administrative support for crime
prevention. According to the Probation of Offenders Act, 1964 and Probation Rules 1971, first offenders
and minor offences should be considered for bail at any time during trial. So it is remarkable for justice.
On the other hand, Juvenile Delinquency and correctional programme has its individual specialty in
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Bangladesh. The Ministry of Social Welfare has been running three juvenile development centres forbelow 18 age prisoners. One is for girls and two for boys. According to the Children Act 2013, the children
who are in contact and conflict with the laws have special treatment for them including arrest, detention,prosecution, correction in every stage.
After arrest they will go to the Juvenile Development Centre, not to jail. Juvenile Development Centres
have various programmes for their physical, psychological, educational or intellectual and vocational
knowledge development.
The three centres are:(i) Juvenile Development Centre, Tongi, Gazipur for boys.
(ii) Juvenile Development Centre, Konabari, Gazipur for girls.
(iii) Juvenile Development Centre, Jessore for boys.
In the Juvenile Development Centres there are primary schools, big playgrounds, and health check facilities, vocational training for rehabilitation and counselling facilities for juvenile delinquents. The only
objective of the Juvenile Development Centre is to create a congenial atmosphere and give them all dimensions of protection, survival and development of the children who are in contact with the laws. The
Government has given due attention to consider the special needs of the juvenile offenders in terms of
ethics and human rights. A Juvenile Development Centre extends its every effort to eliminate the adverse
effects which make children delinquent through recognized methods of correction.
After release from juvenile development centres, they go to their family/extended family orcommunity and they lead their lives normally. This offender is treated as a responsible member of thesociety. We try to engage them in vocational work for their survival if they have vocational training injuvenile development centres. Sometimes it should be self-employment by their own arrangement or withthe help of government officials. In our experience, juveniles are always going through our correctional
process and they develop themselves. So, the institutional correctional process is going smoothly and successfully.
F. Probation Services for Social Reintegration
Probation is a type of suspended sentence, a release of the offenders without imprisonment. It is a noninstitutionalized method of psycho-social treatment of the criminal defendant buttressed with legal restrictions implying careful study and supervision by a probation officer. Juvenile justice procedure has been introduced in the Children Act 2013 or Probation of Offenders Act 1964.
Under this category, correctional services are mainly provided through the Probation of Offenders
Ordinance 1960, amendment as Act in 1964. The Act provides granting probation under section 05 for notless than one year and not more than three years with some conditions determined by the trial court.
Under this Ordinance and Act, probation is granted to the juveniles generally to the first and minor
offenders irrespective of age, character, antecedent or physical or mental condition of the offenders.
Therefore, probation services ensure social correction or social reintegration arrangement for the first andminor offences of the offenders. Juvenile delinquents or offenders will be corrected by social correction in
the probation system and supervised by a probation officer. Two basic duties of the probation officer are: (i)Pre-sentence investigation (ii) Correctional treatment of offenders in the community. Therefore, probation
is a period of treatment, where a probationer can prove him or herself as a perfect member of the society.
In Bangladesh, the Department of Social Services appointed probation officers in 64 districts. Besides
this, Social services officers 487 Upazila Social Services officer and 85 Urban Community Development
Officers (UCD) including 8 of Dhaka city area have also been appointed to perform as a probation officer intheir respective jurisdictions in addition to their regular duties. As a result, the probation services network
seems to be very sound and rigorous in Bangladesh.
An individualized, community-based treatment programme has its own specialization that is we canuse the family as an institution, Religion, educational institution, society and community. It is a natural institution which we can use for correctional programme. In order to provide necessary services to correct,
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protect and safeguard the rights, interests and the welfare of the children in Bangladesh, the Department
of Social Services (DSS) started implementing correctional services initially in the form of probation andafter care services. Since then the Department of Social Services has been implementing correctional
services particularly for the juveniles in the country. Correctional services are divided into two broad categories. These are (1) Community-based and (2) Institutional-based Correctional Services.

II. CONCLUSION
Juveniles are the future of any society. They require special care and attention in all aspects. Due tovarious causes of juvenile delinquency, some of the juveniles respond to social malfunctioning and otheranomalies against the social norms and values. Therefore, it is required to establish more child friendly
social institutions and also spatial attention being given to promote the juveniles.

III. REFERENCES
1.
2.
3.
4.
5.

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www.msw.gov.bd
www.dss.gov.bd
www.police.gov.bd
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164TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Report on Probation from July 2015 to April 2016
Division

Probation
Cases(Running)

Probation
Cases(April
2016)

Total
Cases

Release &Discharge

Remaining
Probation
cases

Total
Release or
Discharge

Total
Probation
Cases

Home
Visits

Dhaka

48

01

49

37

4

37

43

52

Rajshahi

04

00

04

00

04

07

11

20

Rangpur

20

00

20

07

13

12

25

27

Chittagonj

26

00

26

01

25

07

32

36

Khulna

28

01

29

01

28

10

38

31

Barishal

40

05

45

03

42

84

126

18

Sylhet

54

04

58

17

41

23

64

11

Total

210

11

221

29

192

157

349

176

Data source: monthly report of DDS

Report on Arrest, Detention and Release of Children in April 2016
Division

Number of Children in Jail

Release and Reintegration on
the Supervision of District
Taskforce Committee

Number children from Police Station,
Court and Jail (March 2016)

Under
16 years

16 to 18
years

Total

ReleaseRe-integration

Total

Vagrants
Home

JDC

Safe
home

Total

Dhaka

08

01

09

04

01

05

Rajshahi

15

00

15

31

00

31

Rangpur

00

00

00

02

00

02

Chittagonj

02

02

04

03

00

03

Khulna

00

00

00

10

08

18

Barishal

00

00

00

08

00

08

Sylhet

00

00

00

03

06

09

Total

25

03

28

61

15

76

458

766

380

1604

Data source: monthly report of DDS

Conclusion: The situation of frustrated juveniles and their anti–social activities have already aggravated and increased alarmingly in the country. This has called the immediate attention of sociologists, psychologists, social workers and the correctional personnel and public leaders as well. The Government of
Bangladesh has also put due emphasis on the issue and has prioritized to take effective measures tostreamline the Juvenile Justice Administration in the country.

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