Third and Fourth Periodic Report on CRC - Unicef

<strong>Third</strong> <strong>and</strong> <strong>Fourth</strong> <strong>Periodic</strong> <strong>Report</strong>
However, with the passage of time the overall situation is improving mainly due to awareness <strong>and</strong> advocacy
programmes undertaken by the Government <strong>and</strong> NGOS, increased surveillance, training <strong>and</strong> sensitization of
concerned personnel including those from court <strong>and</strong> police <strong>and</strong> modernization of police. So far 47,206 persons
arrested under the Vagrancy Act, 1943, have been given shelter, food <strong>and</strong> different types of training in the six
shelter homes of MoSW with the objective to rehabilitate them in the society.
8.3.4 The sentencing of juveniles, in particular the prohibition of
capital punishment <strong>and</strong> life imprisonment
CRC <strong>and</strong> the Beijing Rules require the Government to establish a minimum age below which children will be
presumed innocent. It is further stressed that the beginning of the age should not be set too low, having due
regard to the child's emotional, mental <strong>and</strong> intellectual maturity. In Bangladesh the Penal Code of 1860
(amended in 2004) states that nothing is an offence, which is done by a person under the age of 9 years. That
is, it provides immunity for children up to 9 years of age against all criminal responsibilities. The Code
safeguards the children of 9 to 12 years age-bracket on the basis of capacity of underst<strong>and</strong>ing the nature <strong>and</strong>
consequences of their actions.
According to Children Act, 1974 the trial of a child should be held separately (from adult accused) in a building
or room from the ordinary court in a home-like atmosphere. When making an order under the Act, the court must
take into consideration the character <strong>and</strong> age of the child; the circumstances in which the child is living; <strong>and</strong> the
report from a Probation Officer as to the child’s background <strong>and</strong> family history.
The Children Act, 1974 prohibits the use of capital-punishment against children under 16. There are very limited
circumstances in which imprisonment can be imposed on a child of this age. In the event that either of the
special circumstances described there exists <strong>and</strong> the offence of which the child has been found guilty is
punishable with life imprisonment, then a sentence of life imprisonment can be imposed on such a child. In
practice, on account of their age <strong>and</strong> immaturity, the courts rarely impose life term <strong>and</strong> death sentences on
children under 18.
In January 2000, there were four children under 15 years serving life sentences in Tongi KUK (Child
Development Centre). As on 25 August 2007, there was only one such child in Jessore KUK. The District Legal
Aid Committees formed with the objective to provide legal support to distressed women <strong>and</strong> children are more
active than over before.
8.3.5 Physical <strong>and</strong> psychological recovery <strong>and</strong> social reintegration
Consistent with the underlying aims of the Children Act, 1974 <strong>and</strong> Rules, certified institutes <strong>and</strong> approved
homes are run in such a way as to prepare children as far as possible to return to society when their period of
detention ends. This is ensured through ongoing monitoring of each child’s situation, a system of education <strong>and</strong>
vocational training <strong>and</strong> the work of probation officers.
For the first 14 days after the start of a child’s detention, his/her mental disposition, conduct, aptitude <strong>and</strong> other
matters are closely monitored for the purposes of formulating an effective treatment plan. A separate file is
created for each child where this information is recorded by the Superintendent of the institution where the child
is kept. In practice these rules are not properly complied with in Bangladesh.
The Children Rules, 1976 require to be provided to children in detention with primary education <strong>and</strong> vocational
training facilities. The Tongi Child Development Centre (KUK) has an on-site school offering education up to
Grade 5. Arrangements can also be made for children to continue their education up to a higher level outside
the Centre. Vocational training in car maintenance, welding, tailoring, carpentry <strong>and</strong> electric house wiring is
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