22. PROTECTION AGAINST NEGLIGENCE BY THE PARENTS, LEGAL
GUARDIAN ETC.
The BNHRC has observed that there are laws that deal with protection against parental
negligence. For example, if the father or mother of a child under the age of 12 exposes
or leaves a child in any place with the intention of abandoning the child, he or she will be
liable to imprisonment or fine or both.14 The law also provides that if anyone responsible
for looking after a child is found drunk in a public place and he or she is incapable for
that reason to take care of the child, he or she is liable for imprisonment up to one year
or liable to a fine up to fifty thousand taka or both.15 However, the BNHRC noted that
there was almost no application of these laws so as to prevent parental negligence. In
any event, application of these penal laws alone would not be sufficient to address this
issue. The BNHRC considers that the GoB should strengthen public awareness,
community care mechanisms and allocate sufficient resources for family support.
Moreover, it would be helpful if the next State Party report could provide full information
on the Government’s measures to ensure protection against parental negligence.
23. RIGHT TO PRIVACY
Although the Constitution guarantees the right to the privacy of correspondence and
other means of communication for everyone, the BNHRC is of the opinion that adult
persons in Bangladesh should be made more aware of right to privacy of the children.
Although the act of taking video, still picture or motion picture of a child without his/her
knowledge for the purpose of pornography has been made punishable,16 the
incidences of such offences have been increasing due to flexible application of the
Pornography Control Act 2012 and Information and Communication Technology Act
2006. Similarly, while the act of publishing any news or information revealing or
disclosing the identity of a child victim in newspapers or in any news media is
punishable,17 enforcement seems weak at times. The BNHRC recommends that the
GoB should spread greater awareness of the children’s right to privacy in society
through education and other means.
24. RIGHT TO BE CARED BY PARENTS
In the BNHRC’s view, the common responsibility of the parents to raise their children
has become confined to the legal regime of ‘maintenance’ in Bangladesh. These
matters are regulated by religious law (for instance, Islamic law) and it would be helpful
if the Government could address this issue in a progressive manner. The BNHRC
considers that the GoB should adopt safety net programmes in order to support single
mothers in their child rearing responsibilities in line with the Committee’s
recommendations as issued in some of its Concluding Observations.
14
The Penal Code 1860, Section 317.
The Children Act 2013, Section 72.
16
The Pornography Control Act 2012, Section 8.
17
Supra 11, Section 14.
15
12