The grim reality of juvenile justice in Bangladesh
Despite constitutional guarantees and international commitments, countless children in Bangladesh continue to face unlawful arrests, along with subsequent abuse and systemic neglect
The criminal justice system of a state plays a crucial role in protecting human liberty, rights, and the interests of its citizens. Various international instruments, such as the UDHR, ICCPR, and ECHR, have laid down principles and guidelines for states to uphold and safeguard the human rights of their populations.
These instruments have also established a strong nexus between human rights and criminal justice systems. For instance, the right to a fair trial, the prohibition of torture, and equality before the law are all inherent components of a country's criminal justice system.
As a developing country, Bangladesh's judicial system and legal framework are still evolving. Delays and complexities in legal proceedings, non-cooperation, and corruption by officials remain common grievances among those seeking justice. However, the most vulnerable and affected by these systemic inefficiencies are juvenile delinquents and child victims within the legal system.
Keep updated, follow The Business Standard's Google news channel
A recent and widely discussed case is that of Hasnatul Islam Faiyaz, a 17-year-old boy (a minor under Bangladeshi law) who was arrested in a derogatory manner—handcuffed, tied with a rope, and subsequently placed on a seven-day remand by the court. He was detained on the charge of killing a police officer during the 'Anti-Discrimination Protest' in July 2024.
These actions constituted a gross violation of both the Constitution of Bangladesh and the Children Act 2013 (CA-2013). Firstly, Article 28(4) of the Constitution encourages the state to adopt special provisions in favour of women and children. Secondly, Article 35(5) guarantees protection from cruel, inhuman, or degrading punishment or treatment.
As a state party to the United Nations Convention on the Rights of the Child (UNCRC) 1989, and in line with Article 28(4) of its Constitution, Bangladesh enacted the CA-2013 to safeguard the rights of juvenile offenders and to shift the justice process from being retributive, deterrent, and incapacitative to one that is rehabilitative and restorative.
The CA-2013 explicitly prohibits the use of handcuffs or ropes when arresting juvenile offenders, revealing their identities in public, trying them alongside adults, or detaining them in adult custody.
Child Development Centres (CDCs), established under the CA-2013, are intended to ensure the safe custody and humane treatment of juvenile offenders. However, the reality within these centres is grim. Despite the enactment of CA-2013, these institutions continue to operate under the outdated Children Rules of 1976, which use demeaning terminology such as "inmate" to refer to the children.
The rules also permit corporal punishment and categorise children into penal, general, and 'star' grades—practices that foster gang culture and further violate the principles of the UNCRC and the general comments of the Committee on the Rights of the Child. Beyond these legal discrepancies, the practical operations of the CDCs and the conduct of their officials raise even greater concerns, with little to no accountability.
Over recent years, several media reports have exposed the malpractice and abuse occurring within these centres.
For example, in February 2024, a 15-year-old child died at Dhaka Medical College Hospital after being transferred from the Tongi CDC, where he had been severely beaten by staff. Twenty-one other children were also found injured as a result of beatings and torture. Earlier, on 13 August 2020, three children were killed at the Jessore CDC, and fifteen more sustained injuries from violent assaults by the officials.
Beyond physical abuse, the psychological trauma endured by children in these facilities is deeply disturbing. Testimonies from children who have been released reveal frequent abuse by older detainees and the routine availability of drugs within the centres. Many children develop severe drug addictions and become involved with organised crime gangs during their time in custody.
This raises a pivotal question for Bangladesh's legal and judicial system: how effectively is it maintaining the link between the juvenile justice system and the protection of children's human rights? In practice, it appears that rather than rehabilitating children, the system inflicts long-lasting trauma, physical harm, and in some tragic cases, death.
The foundational principle of criminal justice—that a person is presumed innocent until proven guilty—is often reversed for street children and those from disadvantaged backgrounds in Bangladesh.
It is commonplace for police to arrest these children without warrants, detain them with adult prisoners, subject them to abuse, and implicate them in fabricated cases. If they are fortunate, their families may secure bail. If not, they are sent to correctional centres, only to become further entangled in cycles of abuse, addiction, and criminal indoctrination.
We often proclaim that children are the future of our nation. Yet, once a child comes into contact with this harsh and often predatory legal system, their childhood is neglected, and they are dragged into a downward spiral akin to quicksand. It is imperative that urgent and effective measures are taken to break this harmful cycle within the juvenile justice system.
Protecting children demands a multidisciplinary and coordinated approach. Relevant stakeholders must be engaged in a transparent and accountable manner. The government should prioritise child protection by ensuring that all agencies—both governmental and non-governmental—work cohesively to uphold the best interests of the child, as stipulated in the UNCRC, other international human rights instruments, the Constitution of Bangladesh, and the CA-2013.
It must be remembered that a criminal justice system is incomplete without the realisation of human rights. And when it concerns juvenile justice, the highest degree of sensitivity and commitment must be upheld.
Farhana Haque Flora studied law at BRAC University
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
