Administration of Juvenile Justice in Bangladesh

Abstract

Bangladesh is a densely populated small country where the rate of juvenile delinquency always remains high due to the socio-economic reasons. So, the effective administration of juvenile justice here may act as instrumental in preventing delinquency of children and ensuring their wellbeing as they are the future generation of the country. This research aims to unveil the real picture of the administration of juvenile justice system with historical setting from British period to present legal regime of Bangladesh. In addition, this research examines the existing legal framework in order to identify whether the framework is sufficient for establishing juvenile justice system duly or it requires reforms in line with international standards as introduced by the treaty law. This is a qualitative research based on primary and secondary resources. The study has immense value for the academics and the policy-makers. The relevant aspects of the current state of administration of juvenile justice with due criticism and recommendations might as act a thought-provoking element for the policy-makers to bring necessary reforms in the existing system. Moreover, this study explores many new aspects and dimensions of juvenile justice providing the scope of the further indepth research.

During the analysis of the juvenile justice system of Bangladesh, the legal framework has been discussed giving due attention to the substantive and procedural laws relating to the children in conflict with law. In addition, the establishment and the role of the Children Court under the Children Act 2013 have minutely explained referring the prevailing practices and procedures. In addition, an attempt has been taken to identify how far the best interests of the children have been protected in all the stages i.e. pre-trial, during trial and post-trial stages of the formal court proceedings. In this connection, the decisions of the Supreme court protecting and safeguarding the rights of the children in compliance with the UNCRC have also been mentioned. Then, it has tried to focus on the main aim of the juvenile justice system is that not to punish the children in conflict with law rather to reform and rehabilitate them in the society. So, the existing framework of juvenile justice in Bangladesh is still away from being fully compliant with international standards and the impediments to establish a child-centered justice system in Bangladesh are not well-articulated. Finally, recommendations have been given with a view to establish a comprehensive juvenile justice system in Bangladesh to uphold the best interests of the children.