e) The Domestic Violence (Prevention and Protection) Act 2010
f) The Pornography Control Act 2012
g) The Information and Communication Technology Act 2006
h) The Vagrant and Homeless Persons (Rehabilitation) Act 2011
i) The Bangladesh Labour Act 2006
j) The Orphanages and Widows’ Homes Act 1944
k) The Small Ethnic Groups Cultural Institutions Act 2010
l) The Birth and Death Registration Act 2004
10. Policies constitute guidelines for government action. The following policies
are closely related to CRC provisions:
a) The National Children Policy 2011
b) The Education Policy 2010
c) The National Skills Development Policy 2011
d) The National Child Labour Elimination Policy 2010
e) The National Health Policy 2011
f) The National Labour Policy 2012
g) The Women Development Policy 2011
11. As the highest judicial authority in the land, whose decisions bind all subordinate
courts4 and all executive and judicial authorities,5the Supreme Court (SC) of
Bangladesh has an important role to play in interpreting and adjudicating upon law,
policy and practice relating to human rights.
12. The Children Act 2013 provides that there will be a Children’s Court in each district
or metropolitan area in Bangladesh. The trial of a child in conflict with law or any
proceedings relating to a child in contact with law will take place before the Children’s
Court.
B. Specific Legal Issues
13. LEGAL CONCEPT OF CHILD
The Children Act 2013 has been enacted and it repeals the earlier Children Act 1974.
Section 4 of this Act defines ‘child’ as a person below the age of 18. However, the
BNHRC has observed that there are still other laws that defined ‘child’ differently from
the definition found in the CRC. The Labor Act 2006, for example, defines ‘child’ as a
person below the age of 14. The Prevention of Cruelty to Women and Children Act
2000 defines a ‘child’ as a person below the age of 16. The Pornography Act 2012
adopted the definition of child as provided in the Children Act 1974, and has not been
amended in the light of the new Children Act 2013.
4
5
Article 111 of the Constitution of Bangladesh.
Article 112 of the Constitution of Bangladesh.
9