Juvenile justice
Introduction
The establishment of the Juvenile Justice system is for the benefit of the Juvenile who commits a crime. When a state sets up a “Juvenile justice system’ it means that the authorities have consciously modified the facilities and operation s of each of the overlapping systems so as to protect the rights and welfare of minors. The objectives cannot be achieved through the inherent operation of a justice system that has been designed for adults.
The manner in which police arrest or interrogate a youngster the way that judges make decisions about guilt or sentencing educational, recreational, and safety conditions in detention facilities, the programs for rehabilitation and reintegration in short, each component of the entire system must be constructed to prevent humiliation and avoidable suffering, on the one hand, and to promote the realization of the young person’s human potential, on the other.
The essential element of a juvenile justice system is an attitude: an attitude that values each boy and girl who is in the justice system and cares about how the experiences in the system will shape the life of each one of them.[1]
Juvenile Justice System in Bangladesh
The juvenile justice system in Bangladesh has its root in the laws enacted by the British rulers. The Bengal code and prisons Act, 1894 provided for separate trial for children and adults. The Reformatory Schools Act, 1897 gave guidelines for reformation. The Code of Criminal Procedure, 1898 requires that the trial of children must be dealt with by the juvenile courts. The Bengal Children’s Act; 1922 contained the same provision. These laws were related to the custody, protection, trial and treatment of Children. The Children Act, 1974 consolidated all the previous laws and it should be read together with the Children Rules, 1976. The Act and the Rules have developed a mechanism to protect the child’s best interest during all kinds of legal processes.[2]
The children Act, 1974 is the substantive law for juvenile offenders and their treatment. The law was made to consolidate and amend the law relating to the custody, protection and treatment of children and trial and punishment of youthful offenders. It contains both procedural and substantive components. The procedural a aspect is supplemented by the provisions of the Code of Criminal Procedure. The Act, together with the code, enjoins to fellow special procedure by the juvenile courts and places the children to the care and protection of state facilities.
The Criminal Procedure Code provides that, any offence, other than one punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the court is under the age of fifteen years, may be ried by a chief Judicial Magistrate or the chief Metropolitan magistrate or any Magistrate specifically empowered by the government to exercise to powers conferred by or under any law providing for the cust by, trial or punishment of youthful offenders, by any Magistrate empowered by or under such law to exercise all or any of the powers conferred there by[3].
The Children Act, 1974 provided for what types of protections are needed for the children who come in conflict with the law and also for those who are at social risk. According to the provisions of the Act, the juvenile courts most have due regard to the age and character of the child and other associated factors cetbre passing any order. It provides for separate juvenile courts and strictly prohibits the joint trial of the youthful offenders with die adults, even when they jointly have committed the offence.
The Act does not overlook the welfare of the helpless children and lays down what tapes of care and protection should be given to the destitute and neglected children including children whose parents/guardians are either alcoholic or who habitually neglect, abuse or ill-treat children by engaging them in begging or other purposes.
Bangladesh has not fully taken into account the principles of the convention on the Rights of the child (CRC) and international instruments on juvenile justice in reforming laws and the juvenile justice system. Bangladesh’s juvenile justice system has been described as insufficiently addressed’ by the UN Committee on the Convention on the Rights of the child. This covers all facets of juvenile justice: the legislation, procedures, provisions, institutions 2nd bodies focusing on youth who come into conflict with the law. In Bangladesh the children Act of 1974 is the principal law on children and it deals with both children in conflict with the law and children in need of protection, often with a lack of differentiation between these two groups[4].
Definition of Juvenile Delinquency
One and a half century ago, Adolphe Quetelet, the eminent Belgian social statistician observed that adolescents, particularly the young males are prone to crime, disorder and delinquency because of their childish impulsiveness or adolescent conflict. To quote him, “the propensity to crime is at its maximum at the age when strength and passions have reached their height, yet when reason has not acquired sufficient control to master their combined influence”. Since a nation’s future depends upon young generation, the children deserve compassion and bestowal of the best care to protect this burgeoning human resource. A child is born innocent and if nourished with tender care and attention, he or she will blossom with faculties physical, mental, moral and spiritual, into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent.
The term “delinquency” has been derived from the latin word delinquer which means “to omit’. The roman used the term to refer to the failure of a person to perform the assigned task or duty. It was william coxson who in 1484, used the term ‘delinquent’ to describe a person found guilty o custo mary offence, the word also found place in Shakespearean famous lay ‘Macbeth’ in 1605. In simpler words it may be said that delinquency is a form of behavior or rather misbehavior or deviation from the generally accepted norms of conduct in the society.
However, the penologists have interpreted the word ‘Juvenile delinquency’ differently. Generally speaking, the term refers to a large variety of disapproved behaviors of children and adolescents which the society does not approve of, and for which some kind of admonishment, punishment or corrective measure is justified in the public interest. Thus, the term has a very extensive meaning and includes rebellious and hostile behavior of children and their attitude of indifference towards society.
Certain other acts such as begging, truancy, vagrancy, obscenity, loitering, pilfering, drinking, gambling etc. which vicious persons very often commit are also included within the meaning of the term juvenile delinquency.
The question of exact definition of juvenile delinquency lias always remained a debatable issue among criminologists. It has been engaging the attention of united Nations for quite some time. The second united Nations congress on the Prevention of crime and the Treatment of offenders held in August, 1960 in London, took up the problem of juvenile delinquency, and the concensus war that the issue of definition need not be stretched too far and the meaning of the term ‘juvenile delinquency’ be restricted to all violations of criminal law and maladjusted behaviors of minors which are disapproved by society.[5]
Current Trends of Juvenile Delinquency
The present situation with regard to juvenile crime and delinquency can be characterized by the following basic facts and trends:-
1. The has been am observed increase in violent and aggravated crimes among
youth.
2. The number of drug-related crimes is growing.
3. The process of globalization and the greater mobility of large population
groups have led to an increase in criminal activity associated with
intolerance towards members of other cultures.
4. The difficulties encountered by immigrants and their descendents in certain
are sometimes related to the high levels of group crime deriving.
5. I’m many cases juvenile are linked to less obvious sources of motivation; various actions may reflect, for example, the standards of particular subcultures, teaching’s or traditions deriving from religions radicalism, or the populism to use of violence as a means of contracting gender identity.
6. Children and adolescents in difficult circumstances constitute ready reserves for organized crime; and sexual exploitation.
7. The disintegration of families; poverty and the death of parents in armed conflict or from HIV/AIDS has led to the forced independence of many young people around the world[6].
Juvenile Delinquency around the World
While certain aspects of juvenile delinquency are universal, others vary from one region to another. As a rule, cultural contexts are important in understanding the causes of juvenile delinquency and developing culturally appropriate measures to deal with it.
In Africa, delinquency tends to be attributed primarily to hunger, poverty, malnutrition and unemployment which are linked to the marginalization of juveniles in the already severely disadvantaged segments of society. As a result of rapid population growth, young people in Africa will soon constitute two-thirds of the region’s population.
One half of all households in Africa are living in poverty. Juvenile crime and delinquency are on the rise, a trend also linked to the rapid and dramatic social, political and economic changes that have taken place in Africa in recent decades. The principal offences committed by young people are theft, robbery, smuggling; prostitution, the abuse of narcotic substances and drug trafficking.
In Asian countries, Juvenile crime and delinquency are largely urban phenomena. Statistically, as a true elsewhere, young people constitute the most criminally active segment of the population. The most noticeable trends in the region are the rise in the number of violent acts committed by young people, the increase in drug-related offences, and the marked growth in female juvenile delinquency.
Some countries are facing great difficulty because they are located near or within the ‘Golden crescent’ or the ‘Golden triangle, two major narcotics producing areas of Asia. Traffickers actively involve adolescents and youth in serving this industry, and many of them become addicted to drugs because of their low prices and easy availability. Another major problem is human trafficking.
In Latin America, the young have been the hardest hit by the economic problems linked to the debt crisis in the region, evidenced by the extremely high unemployment rates particularly acute and is often associated with the problem of homelessness among children and adolescents.
In the Arab world, the problems associated with juvenile delinquency vary from one country to another. Some countries have experienced socio-economic difficulties, while others have be come prosperous. In the latter group, delinquency May occur in connection with Migrants seeking employment, or May be linked to factors such as continued urbanization, sudden affluence, rapidly changes in the economy, and the increasing heterogeneity of the population.
In the industrialized countries, increased prosperity and the availability of a growing range of consumer goods have led to increased opportunities for juvenile
Within developed counties there are group of impoverished and needy people suffering from relative deprivation. In recent years some countries goods have led to increased opportunities for juvenile crime, including theft, vandalism and the destruction of property.
Within developed countries there are groups of impoverished and needy people suffering from relative deprivation. In recent years some countries have reduced their social services, placing the weakest strata of the population in am even more vulnerable position. Poverty has increased and the problems of homelessness and unemployment have reached alarming dimensions. In most E U countries the rise in juvenile crime has.
Corresponded to observed increases in poverty and unemployment rates among vulnerable groups. The overall crisis in Eastern Europe and the Commonwealth of Independent states driving from the transition to marked based economies has contributed to an increased tendency towards criminal behavior, owing mainly to the weakening of the primary institutions (the family, the public education system, recreation services, work collectives and the informal peer environment) and to personal alienation. Juvenile delinquency in the region is most often related to the unemployment f both young people and parents, poverty in the family, or pressures on overworked parents to successfully maintain the traditional guardianship of children.
In the major countries of Eastern Europe and the former soviet Union, the number of mothers and fathers deprived of their parental rights is increasing every year, these individuals are predominantly alcoholics, drug addicts and people who have demonstrated antisocial behavior. Unemployment, low family income and parental irresponsibility are the main factors contributing to juvenile delinquency in many parts of this region. Children experience suffering and humiliation; they may be involved in theft or other offences, and some are forced to earn income thought prostitution.
Many social services in the region have been eliminated during the transition period, and those still operating face chronic financial problems. The low wages paid to social service employees give them little incentive to work with adolescents. Alienated from society, young people often become involved in delinquent groups[7].
Causes of Juvenile Delinquency in Bangladesh
Social transition, poverty, migration, broken family, surrounding environment, lack of parental control, impact of action movie are responsible for causing juvenile delinquency in Bangladesh. Many young children are migrating from villages to Dhaka and other large cities because of domestic trouble, rural poverty, landlessness, and violence. They are picked up by pickpocket gangs, shop-keepers, hotel owners, pimps, and hooligans. Street children are exploited by elderly Children, adults and others in position of authority.
Another serious problem is the trafficking of children both within and outside the country. More over, the children of sex-workers, orphans and others who are socially outcast are considered very vulnerable. Te police frequently pickup and bring such children to police stations, from where they are sent to either jail, juvenile development centers, or vagrant homes etc. causes of juvenile delinquency are listed below.
Social Transition
The growing industrialization and urbanization gave rise to the problem of juvenile delinquency in Bangladesh. Sociologists and criminologists consider delinquency as a result of transitional phase, a process through which majority population is transforming from peasants to industrial labour class. Mainly Bangladesh is still an agro-based country. Industrialization has not taken expected pace. In its transition from agriculture to industrialization, Bangladesh society is undergoing rapid social change. Since the transition is not yet completed, since Bangladesh is preindustrial, it is a mixed society, not completely traditional and not fully modern. An examination of the economic, political and religious institutions reveals a conflict between traditional and modern values, neither of which dominates the lives of the people. This conflict has given rise to anomic and creates greater vulnerability to delinquent behavior[8].
Poverty
Many people of this country are very poor. They live below poverty. Around 65 million out of 130 million people (with 54 million in- in rural areas) of Bangladesh live in absolute poverty, and they are amongst the World’s poorest. Bangladesh is the most densely populated country in the world with 900 people per km.
Half of the population of Bangladesh are living in extreme poverty and are consuming less than the equivalent of 1,805 kilo calories per day. The human deprivation profile in Bangladesh is very high. Because of huge economic disparities large number of people in Bangladesh live below minimum subsistence level. This economic pressure compels many children to involve in delinquent activities. By taking advantage of poor economic condition the criminal gangs deploy poor children in criminal activities. Hundreds of children are engaged in pick pocketing and petty thievery. Poor children have been deployed in carrying phencydil, and other contraband drugs at the border areas.
Problematic Family
Problematic family constitutes a principal cause for the deviation of the juveniles. Absence of father or mother due to death or divorce, lack of parental control, lack of home discipline, bad relation between father and mother, presence of criminal among the members of family are the principal indications of problematic family. Due to these problems the mental development of children remains incomplete, for which their behavior become abnormal. The children of 8-14 age group take resort to crime when their parents fail to guide tern properly.
Migration
People are migrating from villages to cities because of loss of land by river, and unemployment. They take shelter in slum areas, pavements and streets and remain deprived of basic necessities. Father and mother go out to earn their livelihood, leaving their children uncared and unattended. In this situation politicians used children (popularly known as tokai) in dawn to dusk strike, and the children either picket or ransack cars or glasses of shops. Moreover, the criminals utilize children in pick pocketing and petty thievery.
Surrounding Environment and company
Sometimes juveniles become delinquent because of bad company and surrounding environment. Due to tender age they cannot understand the far-reaching consequences of their activities. They can be trapped into surrounding environment of slum area, and smuggling zone. Because of evil company sometimes juveniles go to brothel, consume drugs, commit different kinds of criminal activities.
Action Movie
Action movie and satellite have negative impact on the mind set of the young boys and girls. The violence and sex depicted in the movies incite juveniles to go brothel and to commit unauthorized activities.
THE CHILDREN & THEIR CRIMINAL RESPONSIBILITY
Definition of children and age of criminal
The definition of children is not uniform in the laws of Bangladesh. Different laws have defined children in different ways. According to the Majority Act of 1875, person below the age of 18 years is a minor; the Child Marriage restraint and marriage of a female below the age of 18 years as child marriage; National Children Policy of 1994 describes a child up to 14 years and Labour code of 2006 determines worker below the age of 14 years as child worker. But for the administration of juvenile justice the children Act – 1974 has defined a child as any person under the age 16 years[9]. The united Nations convention on the Rights of children (CRC) to which Bangladesh is a party defines a child as any person under the age of 18 years.
According to the penal code, nothing is am offence done by a child under the age of 9 years of age[10]. Again, nothing done by a child of above nine years and under twelve years, is an offence it he has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion[11]. So we can say that juvenile delinquent in Bangladesh is an offender of 12-16 year boy/girl (in every case) and where the child can understand the nature and consequence of his / her act then it starts from 9 years of age (9-16).
Justifications that the Juveniles May advance against their Delinquent act.
David Matza (UK) in his theory of delinquency has attributed the following justifications or excuses which the juveniles which often advance to explain or neutralise their criminal activity-
1. They usually deny responsibility by claiming that the act was a result of uncontrollable passion, accident, poverty or parental neglect etc.
2. The delinquent may take the plea that no one is actually harmed, either physically or financially by his criminal act. Those indulging in alcoholsm, drug-tracking, vagrancy etc. may justify their act on this ground; they may even perceive it as an act being done for their victim’s good.
3. He may claim that the victim was also criminal and there fore, theshould not complain or that the victim was the first to start trouble hence he has nomoral justification to attribute criminality to the delinquent. For example, in the case of sex-offence, the delinquent may allege that it was the victim who initiated the cause or in case of domestic violence, that the victim deserved the violence because he or she had misbehaved.
4. The juvenile offender might claim that since everyone has at sometime or the other committed a criminal act, hence no one has a moral justification to blame or condemn him.
5. The approval of the gang or group or criminal organization may be more important to the delinquent than that of his family or society and he may justify his criminal act on that ground. This is generally true with juveniles associated with criminal gangs whose loyalty they consider more important than that of their own family members.
Necessity of Separate Justice System for Juvenile
There are important reasons for a separate justice system for young people under 18 year of age; and there are important reasons for different and higher standards for minors in conflict with the law than for adults. All the reasons for special treatment revolve around the fact that children and adolescents are in a period of development. What happens to them, or fails to happen, at each step of the way in the law enforcement process not only affects them in the here and now, but will also shape their future development—for good or for ill. States must respons to the criminal activity of minors; certainly, for the sake of society and for the sake of the offender. But in the pursuit of law enforcement, the state must always keep in mind two, mirror-image objectives:
i. Avoid treating a young person in a way that could harm healthy development
ii. Ensure as much as possible that a young person is treated in a young person is treated in a manner that will promote healthy development.
These objectives are two sides of the same coin. By avoiding harm and by promoting healthy development; we respect the young person’s human dignity in the here and now, and we maximize the future chances for rehabilitation and reintegration into society. Clearly, When the twin objectives are kept in mind them the boys and girls who are in conflict with the law will gain and so will society[12].
JUVENILE JUSTICE IN INTERNATIONAL INSTRUMENTS
International Legal Frame Work for Juvenile Justice
Juvenile Justice has become an international issue with the convention on te Rights of the Child (CRC) coming into force in 1990. Article-37 and 40 are very clear about the treatment of the children in conflict with the law set elaborate procedures to be followed to deal with a juvenile to be deprived of liberty. Beside the CRC there are three other important UN sponsored documents dealing explicitly with the standards and guidelines for the treatment of children and young people coming in conflict with the law. the first of these documents is the UN Standard Minimum Rules for the Protection of Juvenile, Known as the Beijing Rules, which in fact predates the CRC by five years. The other two documents were adopted in 1990. They are the UN Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the UN Rules for the Protection of Juveniles Deprived o Liberty (SDLS).
Beside these four international interments on the Juvenile Justice, there are some additional documents, which are often referred to in any discussion on Juvenile Justice.
These are:
=> The Standard Minimum Rules for the Treatment of Prisoners
=> The Tokyo Rules on Non-Custodial Measures[13].
Convention or the Rights of the Child (CRC)
According to section -37 of the CRC, state parties shall ensure that:
No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.
No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time.
Every child deprived of their liberty shall be treated with humanity and the inherent dignity of human person, in a manner, which takes into account the needs of the persons his or her age. In particular, Every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his/her family through correspondence and visits, save in exceptional circumstances;
Every child depried of his/her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other component, independent and impartial authority, and to a prompt decision on any such action[14].
According to section 37 of the CRC.
1. State parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’ respect for human rights and fundamental freedoms of others and which takes into account the child’s assuming a constructive role un society.
2. To this end, and hawing regard to the relevant provisions of international instruments, State parties shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed.
(b) Every child allege or accused of, or recognized as having infringed the penal law has at least the following guarantees:-
To be presumed innocent until proven guilty according to law,
To be informed promptly and directly of the charges against him or her and, it appropriate though his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation of his or her defence;
To have the matter determined without delay by a competent, independent and impartial authority or judicial body in fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
Not to be compelled to give testimony or to confess gilt, to examine or have examined adverse witnesses and to behalf under conditions of equality;
If considered to have infringed the penal law to have this decision and any measures imposed in consequence there of reviewed by a higher competent, independent and impartial authority or judicial body according to law;
To have the free assistance of an interpreter if the child cannot understand or speak the language used;
To have his or her privacy fully respected at al stages of the proceeding.
3) States parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and in particular;
a) The establishment of minimum age below which children shall be presumed not to have the capacity to infringe the penal law;
b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, Providing than human rights and legal safeguards are fully respected.
4) A variety of dispositions, such as care, guidance, and supervision orders; counsiling; probation; forter care, education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their wellbeing and appropriate both to their circumstances and the offence.
JUVENILE COURT & ITS FUNCTIONS IN BANGLADESH
Juvenile Court in Bangladesh
According to the children Act and also the code of criminal procedure children can only be tried in the juvenile courts and no joint trial can be held with the adults. Section-3 of the children Act empowers the Government to establish juvenile courts and in absence of Juvenile Court the following courts shall be empowered to work as Juvenile Court[15].
1. High Court Division
2. Sessions Court
3. Additional Sessions Court and Asst. Sessions Judge Court.
4. First Class Magistrate
Juvenile Court shall have the following powers:
1. it shall have power to try any case in which a child is charged with
the commission of an offence.
2. it shall deal with or dispose of any other proceeding under this
Act.
Arrest, Detention, Bail and Discharge of Juvenile Delinquent
The officer in charge of a police station may release a person on bail where he is apparently under the age of 16 years and tough he is arrested for a non-bailable offence and can not be brought forthwith before the court.[16] It he is not released on bail, the officer-in-officer-in-charge of the police station shall cause him to be detained in a remand home or a place of safety until he can be brought before a court[17]. A court, on remanding for trial a child who is not released on bail, shall order him to be detained in a remand home or a place of safety.
According to the children Act, it shall be the duty of the police officer or any other person affecting the arrest to inform the probation officer immediately of such arrest in order to enable the Probation officer to proceed forthwith in obtaining information regarding the antecedents and family history and other material circumstances likely to assist the court in making its order.
Another responsibility of the officer in charge of the police station is to inform the parent or guardian of such arrest, if found and shall also cause them to be directed to attend the court before which the child will appear and specify the data of such appearance.
Trial Procedure of Juvenile Delinquent
Children Act forbids joint trial of a juvenile and an adult. When any criminal court found any juvenile charged for any offence with adult person, it shall try the juvenile separately.
Though under section 239 of criminal Procedure code joint charge of the persons accused in the same transaction is allowed, section 6 of Children Act shall be an exception in this regard. If any Court fails to comply with this section and tries any juvenile along with adult person, it shall be the violation of Children Act and also beyond his jurisdiction. In Shiplu and another V. State, High Court Division declared the Judgment of lower court void on this ground. In a case where at the time of commission of the offence a person was child but at the time of trial he exceeds 16 years of age, trial along with adult shall be valid.
Though Children Act is silent in this matter, the issue is settled by the High Court Division in Bimal Das V. State Where court observed:
“………….the age referred to in the section relates to the age
when he is charged with or tried for and not to the age when the offence has been committed.”
In the trial of a case in which a child is charged with an offence, court shall sit in a building or a room different from that in which the ordinary sittings of the court are held, or on different days or at different times from those at which the ordinary sitting of the court are held[18].
The purpose of this type of informal setting of trial to keep the youthful offender away from the environment of a court which might have a negative impression on him. But violation of this provision shall not vitiate the proceedings as High Curt Division in Munna and others V. State27 has observed this provision as ‘directory’and not “mandatory”.
Criminal procedure code declares criminal court as open court. But htis rule is being relaxed for the Juvenile court. The trial of juveniles shall be held in camera. Only people directly involved in the case and the officers of the court can be present during the trial. The court may also ask people not involved in the case to withdraw.
Punishment of Juvenile Delinquent
According to the children Act, no child shall be sentenced to death, transportation, or imprisonment unless the court is of the opinion that the crime committed is of so serious nature or the child is so unruly or depraved that he can not be committed to a certified institute, the child can be sentenced to imprisonment. A youthful offender sentenced to imprisonment shall not be allowed to associate with the adult prisoners.
The following factors have to be taken into consideration by the court while passing any order under the children Act.
=> the character and age of the child;
=> the circumstances in which
the child is living;
=> the reports made by the probation officer; and
=> Such other matters required to be taken into consideration in the
interests of the child.
When a child is found to have committed any offence terms ‘conviction’ or sentenced can not be used. The fact that a child has been found guilty shall not operate as a disqualification for any office, employment or election under any law. Court may discharge any young offender after due admonition, release on probation of good conduct or commit a child to the care of a fit person executing a bond with or without sureties.
Probation and Rehabilitation
Juvenile court many appoint Probation Officers from among suitable persons in the district, if there is no Probation officer in its area and may appoint a probation officer for a particular juvenile. The duties of probation officer shall be supervised by the Juvenile court and where no court exists, the court of sessions.
Duties of the probation officer include: Visit or receive visits from the child at reasonable intervals; see that the conditions of bond are fulfilled; report to the court as to the behavior of the child; advise, assist and befriend the child and, where necessary, endeavor to find him suitable employment; and perform any other duty which may be prescribed.
CORRECTIVE MEASURES FOR THE JUVENILE DELINQUENT
Steps taken for the Juvenile Delinquent of Bangladesh
Government initiatives for meaning and effective operation have been intensified and taken with all seriousness in recent times. The government has so far established three correctional Institutes under the provision of he children Act, 1974, each of which is consisted of one juvenile court, one remand Home and one Training Institute. These Institutes are
=> National Correctional Institute for boys at Tongi, Gazipur,
=> National Correctional Institute for girls at Konabari, Gazipur,
=> Correctional Institute for boys at Jessore.
Another correctional Institute having similar programme-components is going t be established at Kashimpur, Gazipur, Necessary facilities of the existing two units located at Tongi and Jessore will also be increased for the accommodation of additional 350 inmates. These institutes deal with the following programmes:
1) Vocational training Programs: The purpose of vocational training program of correctional institutes is to make them skilled so that after their release they can employ them in profession. The institutes have the following training program.
| National correctional Institute for Boys, Tongi, Gazipur | Carrectional Institute for Boys, Jessore. | National
Correctional Institute for Girls, Konabari, Gazipur. |
| Tailoring & Industrial sewing, Automobile & Welding, Electrical wiring, Wood Works. | Automobile, Welling,
Electrical Wiring, Electronics. |
Tailoring Industrial Sewing, Embroidery, Electronics, Paultry. |
2) Educational Program: Primary Education is compulsory.
Facilities for further education inside the centre is also prorided to the concerned children. Religions education for moral development of children is also provided.
3) Counseling for Correction and Re-habilitation: Counseling and motivation for behavioral correction, psycho-social and human development, Socialization and re-integration of the inmates are done by social case workers and probation officers through the following methods.
(i) Individual case work.
(ii) Group work and focus group discussions
(iii) Motivation
(iv) Parents guidance
(v) Follow-up
4) Recreational Activities: Games (indoor and outdoor) sports and physical exercise are daily events, recreational facilities are also provided regularly.
Probation Services
Department of social services runs 22 units of probation services in 22 greater districts. Besides, District Social services officer in 42 new districts, 400 Upazila Social Services Officers and 15 Urban Community Development Officers have also been appointed to act as probation officer in their respective jurisdiction in addition to their own duties. Two Probation Officers also work in Tongi and Jessore Correctional Institutes. One Probation Officer will also working the Konabari Institute Meant for the girls.
5.3 Release and Rehabilitation
At Tongi centre, 13,162 children were committed during the period from 1978 to July, 2002 of whom 8,057 children have so for been released while 4905 children were discharged by the court. At the Jessore centre, 540 children were committed of whom 462 children have been released since its functioning from 1995. Some of the children are now able to earn their live lihood.
Future Plans.
Recently, the government has put emphasis on introducing “Diversion” programme as a viable and effective method for the correction of the juvenile offenders. The existing Correctional Institutes have already started in implementing this programme. Save the children UK is also assisting the DSS in executing this Diversion programme. The Government has a plan to establish four new correctional Institutes at Rajshahi, Barisal, chittagong and sylhet in near future. A plan tor strengthening and development of the programmes of the existing Institutes is also under preparation[19].
CONCLUSION REMARKS
Recommendations
The following recommendations are given for effective Juvenile Justice System.
1. Modify and amend The Children’s Act 1974 and other ancillary laws to bring it in conformity with CRC.
2. Repeal obsolete, conflicting and repetitive laws to avoid contusion in application.
3. Include the Juvenile Justice System in the official curricula of all professional training and courses and each the children’s Act in the light of the CRC.
4. Introduce special cells with adequate number of female police officers in police stations for investigating children’s cases, particularly girl child cases.
5. Strengthen the probation service and establish offices of probation officers in all police stations, Magistracies and Jails. Alternately rain and delegate existing officials to perform the services of probation officers and provide official mandate by amending the law. Introduce after care service for children.
6. Improve and increase logistic support for transferring children from Police stations to other places of safety ad providing adequate and proper facilities within the Police stations, courts and jails.
7. Develop special training modules for training of police, lawyers, Judges and magistrates, social workers for use in their professional training programme with the ultimate goal of a complete juvenile magistracy at the end of the millennium.
8. Develop a comprehensive vigilance program with the coordination of all the related agencies and civil societies to inspect and inquire violation of child rights at any stage and monitor the appropriate lawful proceedings in each case.
9. Take immediate steps to establish places of safety for girls and recognize, develop and assist hose which are already v functioning.
10. Take immediate steps to introduce specialized services in the existing institutions including doctors, psychiatrist, lawyers and any other as may be deemed appropriate.
11. Provide legal assistance to children directly in the correctional centers and vagrant reception centre.
12. Review all government cases in the correctional centers which have not been tried in juvenile courts.
Concluding remarks
Juveniles are the most susceptible segment of society. They react sharply to any social problem. Scarcity of basic needs, lack of parental attention and any social crisis touch them so deeply that many of them cannot cope with the abnormal situation. They respond to social anomalies in ways not approved by social norms and law. It is not desirable to see children in penal institutions or destitute homes. More and more efforts should be put into crime prevention rather than rehabilitation ones. The parents and teachers should be more careful of the children so that they cannot get any chance to commit crime. For the rehabilitation and reintegration of the juvenile delinquent, the effective juvenile justice system is necessary. Although these has been impetus for reform in recent years, Bangladesh has not established a comprehensive juvenile justice system that ensures children are separated treated differently from adults at all stages of the criminal proceedings. For effective implementation of juvenile justice in Bangladesh the sincerity and sensitivity of the concerned actors and the practitioners involved in it are essential.
REFERENCES
Books
(1) Fatima Rasid Hassan, Justice for Children; The Reality in Bangladesh, (Dhaka:Save the children Fund, 1999).
(2) Monjur Kader & Md. Muajjem Hussain Criminology, 1st ed.
(3) N.V. Paranjape, Criminology and Penology, 12ed. Central Law Publication, Allahabad.
(4) Sheikh Hafizun Rahman Karzon, Theoretical and Applied criminology, 1st ed. Published by Palal Prokashoni.
(5) Tuhin Malik, Manual on Human Rights Law, Bangladesh Bar Council.
Gournal
(1) Sumaiya khair, “Juvenile justice Administration and correctional services in Bangladesh”. ‘A Critical Review’, (The Dhaka University studies Part-F, volume 16, Number 2, December-2005).
Websites
(1) [http://www. bsaf child, org/save/jjacs b 2. php, Last visited, 30.07.10].
(2)[http://www. Methodist, edu / criminal justice / criminology links, htm, Last visited, 01.08.10].
(3)[http://www. answers, com / prison, Last visited,05.08.10].
(4)[http://en. wikipedia. org / wiki / Probation, Last visited,10.08.10].
Statutes
(1) Penal code, 1860.
(2) The code of criminal procedure, 1898.
(3) The children Act, 1974.
(4) The Convention on the Rights of the Child,1989.
[1] Monjur Kader & Md. Muajjem Hussain, Criminology, 1st ed. (Dhaka:Shuchona,2008), p.130.
[2] Sheikh Hafizur Rhamn Karzon, Theoretical and Applied Criminology, (Dhaka: Palal prokashoni, 2008), p.379.
[3]The Code of Criminal Procedur,1898, S.4(2).
[4] Monjur Kader & Md. Muajjem Hussain, ibid, P.134.
[5] N.V. Paranjape, Criminology and penology, 12th ed. (Allahabad; Central Law Publication,2005), P.487.
[6] Monjur Kader & Md. Md. Muajjem Hussain,ibid,p.122.
[7] Ibid,p.123.
[8] Mahammad Afsaruddin, Juvenile Delinquency in Bangladesh, 2nded(Dhaka:University of Dhaka, 1993), p.137.
[9] The children Act,1974, S.2(f).
[10]The Penal code, 1860, S.2.82.
[11]The Penal code,1860,S.83.
[12] Monjur Kader & Md. Muajjem Hussain,ibid, p.130.
[13]Ibid, p.131.
[14]the Convention of the Rights of the Child,1989.Art.37.
[15] The children Act,1974,S.4.
[16] The children Act,1974,S.48.
[17] The Children Act,1974, S.49.
[18] The children Act,1974,S.7.
[19] [http//www.bsafchild.org/save/jjacsb2.php].Last visited date,26.06.10.
