Taimur Alam Khandaker :
Under the provision of Section 59 of the Children Act’ 2013 the Government has established and maintain required number of Child Development Centres (CDCs), based on gender desegregation for accommodation, correction and development of the Children order to be detained in the Judicial proceedings and for the Children under trial.
Under the initiative of Dr Khondaker Farzana Rahaman, Asstt Professor of Department of Criminology, University of Dhaka, a visit was conducted on 23rd March this year for the students to gain experiences regarding the Child Development Centre (Boys) at Tongi in Dhaka and its output along with problem and find out the Solution how to solve the same.
Background for Establishment of CDC
(A) Constitutional Provision
(I) Article 15(a) provides that “The provision of the basic necessities of life including food, clothes, education and medical” is one of the fundamental responsibilities of the state.
(II) Article 17 provides that “(a) Establishing an uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law, (b) Relating education to the needs of society and producing properly trained and motivated citizens to serve those needs, (c) Removing illiteracy within such time as may be determined by law.
(B) Legal Aspect (Regarding age limit for the offence to be treated as Crime)
(I) Section 82 of Penal Code staled that “Nothing is an offence which is done by a child under (Nine) Years of Age.
(II) Section 83 of the Penal Code stated that “Nothing is an offence which is done by a child above (Nine) years of age and under twelve, who has no attained sufficient maturity of understating to Judge of the nature and consequences of his conduct on that occasion.
(C) Involvement of United Nations Organization (UNO)
(I) As Bangladesh is an independent State, had become a party to the United Nations convention on the Right of the child and Act to provide for a new law for the proper of implementing the United Nation Convention on the Rights of the child repealing the previous law, the Children Act, 1974 a new law under the title and commencement “The Children Act’ 2013 was enacted which was came into force through an Extra ordinary Gazettee Notification Published on 20th June’ 2013 by the prescribe authority of the government of Peoples Republic of Bangladesh out of which the matter of legal affairs were further amended by enactment of the Children (Amendment) Act’ 2018.
Supervising and Controlling Authority of CDC
(I) The Government of the Peoples Republic of Bangladesh represented by the Directorate of Social welfare under ministry of social welfare is the Supervising and Controlling Authority of CDC through out the Country.
(II) That there is a Board named “National Child Welfare Board” headed by the Minister of Social Welfare, Government of the Peoples Republic of Bangladesh and there are also such Board in District and Upa-Zilla level.
Trial
That the trial of the Juvenile is conducted under section 16 and 17 of The Children Act’ 2013 which are reads as follows:
Section -16 of said Act, (1) In order to prosecute any crime committed by the child involved in the conflict with the law, there will be one or more courts in each district headquarters called Children’s Court,
(2) Every Nari-O-Shishu Nirjatan Daman Tribunal Constituted under the Nari-O-Shishu Nirjatan Daman Act, 2000 (Act 8 of 2000) shall be deemed to be a Children’s Court referred to in sub-section (1) of its jurisdiction. Provided that if there is no such tribunal in any district, the District and Sessions Judge of that district shall be deemed to be a Children’s Court referred to in sub-section (1) in their jurisdiction &,
(3) If a case is not sent under section 15A, the Children’s Court shall not take any offense committed by the child.
Section -17: The child-court shall perform its session in the place, day and procedure as prescribed by rules:
Provided that until the rules are made, the Judge of a Children’s Court shall commence and adjourn the sittings according to the determination of the date, time and place of the trial at his discretion.
Findings
Students took the opportunity to talk with the Child concerned personally and realized that for the following cause they committed the offence.
(a) Poverty.
(b) Guardian of Parentless Children who were deprived from the care and love and affection.
(c) Drug addiction under the influence neighbor who used to reside in BASTI area who used to live in hands to mouth and below standard level.
(d) Employment by the godfather/Big brother to commit offence in exchange of money.
(e) Care Less parents of a Rich Family.
(f) Abusing of internet and modern technology of AIR Connection.
(g) Eve-teaching.
(h) Socitical un concusnes.
(i) Remain Absent in the School for various reason.
(j) Some other unknown cause.
Maintenance
It appears from the physical visit that the maintenance of the said CDC is very much poor and not up-to-the Mark. Accommodation condition is very congested which is not good for health. As per Rules there is accommodation for 300 Child, but on the day of visit there were 643 Child staying at CDC Premises. The premises is dirty and not clean, which would to be a part of education to make the premises clean.
Diet
The diet is poor standard which is not sufficient for the development of health of the Child staying there on. The Government has allotted a sum of Tk. 2,000/- per month per child and as such a concerned Child is getting Tk. 66.20 per day for his diet. Present market rate is very high so that a diet valued at Tk. 66.20 per day can not face the nutrition, up bringing and breeding demand of a Child.
Counseling
That for the mental development and correction of a child, punishment is not proper, but the counseling is the proper scientific treatment. We find no arrangement for counseling system, at present in the C.D.C.
Recreation
There is no facilities for recreation of the concerned Childs. Necessary arrangement should be there to witness the selected movies which will be helpful for their correction.
Remark
A child is absolutely born innocent, but certain social and environmental facts in a relative aspect diverge his mind towards criminal tenderness. The Nation’s future citizen deserves compassion and best care. Child psychiatrist Harold S Hulbert opined that children need love, especially when they do not deserve it. The object of the CDC should not be punishment, but correction of the offender.
Observation
Major punishment or enactment of hard type of law and strong view of the law enforcing agencies are not the solution to restrain the child from involvement in Crime. But a societal sharp attention and care to the juvenile may restrain them from involvement in Crime. It may be noted that Juvenile Crime is increasing day by day which is bad news for the next generation. So, step and measure should be taken at sharp.
Recommendations
(a) The children should be take care on love and affection in a homely atmosphere.
(b) That the diet should be supplied to the children as prescribed by the expert dietitian.
(c) That by way of tour programs, game and sports and by involvement in cultural program they should be given proper nursing for mental development. That Cesare Lombroso, Raffaele Garofalo and Ensico Ferri believed that due to deficiencies in potassium, calcium, amino acids, sodium, peptides and mania cognitive problems a Child have been lived to violence, aggression and other delinquencies behavioral issues. So a balanced diet should be supplied and the allotment for daily diet should be increase for development of children in every side like, mental, intellectual, physiological etc.
(d) Counseling is a scientific procedure and as such with the help of experience councilor, the counseling should be kept in the day to day Routine.
(e) The concerned child should be allowed to see or talk with their legal guardian when they want to see or talk over cell or phone. The phone should be operating under control of the CDC authority.
(f) That modern and scientific technology should be applied for their correction.
(g) That there should be an amendment in Law that if the Child offender is found in good behavior, attentive in education, then his sentence period should be reduce.
(h) That time for the mixing with family should be increase.
(The writer is a columnist and Advocate, e-mail: [email protected])
