following words ‘for fulfilling the objectives of this law’.31 This Act essentially deals
with the treatment of children who come in conflict with laws and it has no provision on
child workers per se.
The Repression of Violence against Women and Children Act, 200032 defines
children as anyone below the age of 16 years.33 This Act deals with children as victims of
offences. In terms of civil matters, the Majority Act, 187534 stipulates that every person
under the age of 18 years (however, those minors for the superintendence of whose
property guardians have been appointed by courts, are considered to attain majority when
they are of 21 years age).35 In case of criminal liability, the Penal Code, 186036 provides
that a child under 9 years of age cannot be criminally responsible for the commission of
any offence;37 a child aged between 9 to 12 years can only be responsible for an offence
if it can be found that the child has sufficient maturity of understanding to judge of the
nature and consequences of her/his conduct.38 Thus, as these laws differ in their objects,
though the theoretical basis for the fixation of the age of child in differing ways may be
questioned, it apparently is not a practical issue.
In terms of the legal age for employment, there is some incongruity among the
existing laws and policies. Interestingly, even the National Child Labour Elimination
Policy, 2010 by stating that ‘as age is the decisive factor in determining the definition of
a child, it would have been better if a uniform age of child-adolescent could have been
fixed’39 recognises the incongruity but does not deal with it. The definition of workers as
31
32
Ibid.
Act No. 8 of 2000.
33
Ibid, Section 2(k).
34
Act No. IX of 1875.
35
Ibid, Section 3.
36
Act No. XLV of 1860.
37
Ibid, Section 82.
38
Ibid, Section 83.
39
Ministry of Labour and Employment, Government of the People’s Republic of Bangladesh, National
Child Labour Elimination Policy, 2010 (March 2010), Definition and Age of Working Children, para 6.
10