1. Child Rights in Bangladesh:
Scope for Legal Advocacy and BLAST's Role
Shihab Ahmed Shirazee
Advocate
Project Coordinator, Ending Corporal Punishment
www.blast.org.bd
Workshop on challenging persisting violations of children’s rights:
Encouraging effective advocacy in South Asia
Organized by CRIN & BASE
1st -3rd of May 2013, Kathmandu, Nepal

2. Outline
1. Child Rights in the Constitution
• Fundamental Rights
• Fundamental Principles
• Remedies
2. Child Rights in Laws/ Policies
3. Gaps in the Law / Non-implementation of Law
4. BLAST’s Current Role
5. Scope for Legal Advocacy
6. Ongoing Advocacy Project on Ending Corporal
Punishment

3. 1. Child Rights in the Constitution
© Tawhee Reza Nur

4. 1a. Fundamental Rights
• Article 27 Equality before the law and equal
protection of law for all citizens
• Article 28(1) Prohibiting discrimination - grounds
of sex, race, religion, caste or place of birth
• Article 28(4) State may make special provisions in favour
of ….children/ for advancement of any
backward section of citizens
• Article 31 Treatment in accordance with law
• Article 32 Right to life and personal liberty

5. 1a Fundamental Rights contd…
• Article 33 No person under arrest shall be denied the
right to consult and be defended by lawyer;
Production before court within 24 hours of
arrest
• Article 34 Prohibition of forced labour
• Article 35 Right to speedy trial; prohibition on torture
and cruel, degrading and inhuman
treatment

6. 1b. Fundamental Principles of State Policy
-- non-justiciable, but act as a guide to the interpretation of the
law
Art 15 State’s responsibility to provide citizens basic
necessities of life including food, clothing, shelter,
education and medical care, the right to work, the
right to reasonable rest, recreation and leisure and
the right to social security.
Art 17 Establishing a system of free and compulsory
education

7. 1c. Remedies
Art. 44/ Art. 102 Right to enforce fundamental rights
through writ petition before High Court
Remedies:
 Directions on state authorities to take action/ refrain from
action
 Declarations that some order/action is without lawful
authority
 Recovery from custody which is without lawful authority/in an
unlawful manner
 Compensation (rare….)

8. 2. Child Rights in the Law
© Shihab Ahmed shirazee

9. Child Rights in Laws/ Policies
• Children Act 1974
• Child Marriage Restraint Act 1929
• The Guardians and Wards Act 1890
• Dissolution of Muslim Marriages Act of 1939
• The Employment of Children Act 1938
• The Suppression of Immoral Traffic Act of 1933
• Suppression of Violence against Women and Children Act (amended
2003)
• Acid Offences Prevention Act 2002
• Domestic Violence (Prevention and Protection) Act 2010
• Penal Code 1860
• Criminal Procedure Code 1898
• Probation of Offenders Ordinance 1960 (amended 1973)

10. Child Rights in Laws
The Children Act 1974 / Children Rules 1976
• Aim: to protect child's best interests during all legal processes
• Requires court to consider age and character of the child and
other related factors before passing any orders
• Provides for separate juvenile courts
• Forbids joint trial of an adult and a child offender even if
offence jointly committed.
• Provides measures for the care and protection of destitute and
neglected children, including cases of parental neglect, abuse
or ill-treatment.
•  Children Bill 2013 recently Cabinet approved (25/2/13)

11. Child Rights in Laws
The Child Marriage Restraint Act 1929 (amended in 1984)
• Prohibits child marriage, sets age limit for marriage (18 for
women, 21 for men) and imposes punishment on parents
/guardians and those solemnizing child marriages.
The Guardians and Wards Act 1890
• Empowers a designated court to appoint a guardian of the
minor's person, property or both based on welfare of the minor.
The Dissolution of Muslim Marriages Act 1939
• Gives certain rights to a minor girl given in marriage (under
Muslim law) to repudiate the marriage before attaining the age
of eighteen years, provided that the marriage has not been
consummated.

12. Child Rights in Laws
The Employment of Children Act 1938
• Prohibition of employment of children in any occupation;
Punishment of those responsible
The Suppression of Immoral Traffic Act of 1933
• Punishment for forcing a girl under 18 years into prostitution, or
abetment by anyone having custody or charge of the girl
Suppression of Women and Children Oppression Act 2000 (amended)
2003
Section 6 Punishment for Child Trafficking
Section 7 Punishment for Kidnapping of …Child

13. Child Rights in Laws
Section 9 Punishment for Rape
Section 13 Maintenance for children born through rape
Section 14 Restrictions on publishing identity of victims in
media
Acid Offences Prevention Act 2002
Section 4 Punishment for Acid Violence

14. Juvenile Justice System
Penal Code 1860
• Child under 9 not responsible for actions (s82).
• Child aged 9-12 years , criminally responsible subject to
court’s to assessment of capacity to understand nature and
consequences of actions at time of the occurrence (s83)
Criminal Procedure Code 1898
• Court may release offenders aged under 21 if first conviction
(s560)
Probation of Offenders Ordinance 1960 (amended 1973)
• Court may release on probation on considering age, character,
physical and mental condition of offender (s4(1)

15. Recent Law and Policy Reforms/Judgments
Children Bill 2013 (currently under consideration)
Human Trafficking Deterrence and Suppression Act 2012
Domestic Violence (Prevention and Protection) Act 2010
Bangladesh National Human Rights Commission (NHRC) Act
2009
Children Policy 1994 (revised 2011)
• Articles 4.2, 4.3, 6.7 (1), (2), (3) and (4), concerning protection
of children from all kinds of violence.

16. Recent Law and Policy Reforms/Judgments
High Court judgment (BLAST Corporal Punishment Case)/ Law
Commission
• Observations on repeal of nine existing laws that authorise the
imposition of corporal punishment on children.
High Court Judgment (BNWLA Case, per Imman Ali J)
• Prohibition on children under 12 being domestic workers
High Court Judgment (Suo Motu, per Imman Ali J)
• Children to be imprisoned separately from adults

17. 3. Gaps in the Law/ Arbitrary Laws
© Mizanur Rahman Khoka

18. Gaps in the Law /Arbitrary Laws
• Contradictions / inconsistencies in the law
• No comprehensive institutional measures to protect children
from violence, abuse or exploitation
• Provisions of Child Rights related Laws are not always consistent
with the rights outlined in the CRC
– Art 2 -- Non discrimination
– Art 3 -- Best Interest of Child
– Art 6 -- Right to life, survival and development
– Art 12 -- Respect for the views of Child

19. Gaps in the Law /Arbitrary Laws
• Current laws do not comply with CRC
• The age of criminal responsibility (9 instead of 12)
• The possibility of imposing death penalty
• Imprisonment of children in ordinary prisons
• Even corporal punishment is lawful.
• Lives of children governed by family customs and religious
practice rather than law
• Children are often physically tortured and abused in police
custody
• Nothing is mentioned explicitly regarding their separation from
adults in pre-trial detention and police custody

20. The Reality - Lack of Application of Law
• Arbitrary detention of children in ‘safe custody’
• Probation and parole system for juvenile offenders are not
being widely practiced as an alternative to imprisonment.
• Lack of knowledge and awareness among responsible persons
of juvenile justice system like police, judges, probation officers,
lawyers, and victims of rights and duties
• Poor monitoring system/ No independent monitors of juvenile
detention facilities
• Impunity – lack of prosecution of violence against children in
pre-trial detention and police custody.

21. 4. BLAST’s Role
© Mizanur Rahman Khoka

22. BLAST’s Role on Child Rights
• Legal Services (Advice /Mediation/ Litigation/ Investigation)
– Transfers of children in adult prisons to juvenile correction Centers
– Obtain bail for children
– Defend children in court
•Public Interest Litigation
•Advocacy

23. Successful Case Studies
• Suraiya escapes a Child Mariage to pursue her education
• Protecting Child domestic worker Shefali from abuse
• 4 Year Old Ariful and His Grandparents released after 10 month
long illegal detention

24. PIL Successes
• Recognition of Mother as Guardian (Writ Petition No. 5343 of
2009)
• Challenging the imposition of the death penalty on a minor
(Writ Petition No. 8283 of 2005, Shukur Ali)
• Challenging the systematic failure of the Government to take
action regarding repeated and severe incidents of corporal
punishment (Writ Petition No. 5684 of 2010)
• Challenging the detention of 420 juvenile prisoners alongside
adults in different jails around Bangladesh while the three
Correctional Homes having accommodation capacity for 700
children had only 200 inmates. (Writ Petition No. 6373 of 2007)

25. BLAST’s Advocacy
• Review of the National Child Rights Policy 1994 amended in
2011 to ensure its conformity with the fundamental principles
of the Constitution notably through the inclusion of a
prohibition on abuse and torture and provisions for rendering
accountable the people and institutions that are responsible for
children.
• Advocated for the inclusion of a prohibition on corporal
punishment in educational institutions, it has also raised before
the High Court in the form of public interest litigation.
• Active in the Domestic Workers Rights Network (DWRN)
• Member of Shishu Adhikar Forum (Child Rights Forum)/
Citizens’ Initiative on Domestic Violence

26. 5. Scope for Legal Advocacy
© Mizanur Rahman Khoka

27. Scope for Legal Advocacy
• Determination of the age of the child needs to be ensured and
definite mechanism to be evolved for the purpose
• Specific provision to be inserted in the Code of Criminal
Procedure to the effect that the trial of every child should be
under the Children Act
• Establishment of Juvenile Court in every district
• Raise minimum age of criminal responsibility to 12 years
• Set legal limits on the length of pre-trial detention of children
• Place children in detention separately from adults, incl pre trial
detention
• Review laws on child/early marriage and custody to ensure best
interests of child

28. Scope for Legal Advocacy
• Review and reform laws on violence against children and
related evidence rules
• Campaign for adoption of Child Right Protection Policies in
school / .. ..
• Adopt policies to promote alternative measures to detention
• Provide children with adequate legal assistance
• Establish an independent body for the monitoring of detention
conditions
• Child friendly complaint procedures
• To educate and train the concerned personnel responsible for
the welfare of children in juvenile justice institutions

29. 6. Ending Corporal Punishment
© Mizanur Rahman Khoka

30. Ongoing Project - Ending Corporal Punishment
Context
• 14 incidents reported in press of caning, beating and chaining
Jan – July 2010, including suicide
• Across all educational streams (madrasas, primary & secondary
schools)
• Boy and girl children aged 6-14 years affected
• No preventive action
• No investigations/prosecutions
• Total impunity
• Breach of duties of state authorities (ministry and boards of
education, school management committees)

31. Judgment
Petitioners: BLAST and ASK
Respondents: Ministries of Education/Home; Direct of Education/ 8
Educational Boards/ Govt Schools/Concerned Teachers
Judgment / Declaration
• failure to prevent and to prosecute and punish CP = violations of
the right to life / freedom from cruel and degrading punishment
Orders - Directives
• To investigate 14 incidents
• To report on whether investigations held/action taken against
those responsible
• To provide teacher training on safe and humane discipline
• To disseminate information through state media
• To inspect and monitor educational institutions including on CP

32. Achievements
Pre-Judgment
• Draft National Children Policy is currently under consideration
• Draft Children Bill 2010 – bans any form of sexual, physical, or
emotional violence in workplace
Post Judgment
• Circular prohibiting CP published
• Law Commission has Recommended Amendments/Repeal on basis
of a Memorandum drafted by BLAST
• Inter-Ministerial Meeting (Sept 2010) mandating preparation of
Teacher Training Manual
• Departmental Proceedings initiated in 14 cases
• Inquiry Reports in some cases provided
• Guidelines on Prohibition of CP in Educational Institutions published

33. BLAST Campaigns / Advocacy
 Research
◦ Conducted survey research with IID to identify various forms of
violence faced by children
 Draft Child Rights Protection Policy
◦ collaboration with SMCs, parents/teachers, NGOs, and child rights
experts
◦ Addresses gaps due to lack of uniform policy at schools
◦ Successfully piloted non-violent classroom management in 100
schools in Chittagong
 Raising Public Awareness
◦ Awareness sessions for parents, caregivers, community leaders, and
stakeholders
◦ Publication and dissemination of Judgment, Circular, and Guidelines

34. BLAST Campaigns / Advocacy
◦ Digital and social media campaign, via internet radio and social networking
websites
◦ District-level Community Fairs, inc drama, art, and essay competitions
◦ Formation of CBOs and Volunteer Groups
◦ Media advocacy with local journalists
 Individual Follow-up
◦ Tracked reported incidents of CP and conduct follow-up action
◦ Provision of mediation, litigation and client support services from our offices
 Legislative Advocacy
◦ Meetings with Parliamentary Standing Committees, NHRC, Law Commission and
relevant Ministries

35. Current Status
Mandate for Legal Reform
– Directives on Ministry of Education to ensure cp included in definition of
misconduct in disciplinary rules for both private and state school teachers
– Directive to consider prohibiting CP in home/workplace
– Directive to consider repeal of laws that mandate CP
– Communication of judgment to Ministries of
Education/Law/Home/Women and Children

36. Thank You
© Tushar Nabi Khan