treated with humanity and with respect for inherent dignity
of the human person. Sub-section (2)(b) also provides that
juveniles be separated from adults, a provision covered by
the Children Act, 1974. Article 10 (3) of the ICCPR also
stipulates that the main aim of the penitentiary system shall
be the reformation and social rehabilitation of prisoners. On
April 9, 2003, a High Court bench of Justice Amirul Kabir
Chowdhury and Justice Nijamul Haque Nasim delivered a
verdict, detailing a seven-point directive for the government
in this regard. The court directed that no juvenile accused
should be kept in jail and child inmates should be transferred
to correction homes and other designated shelters from jails
with utmost expedition. However, as prisons witnessed a
gradual increase in the number of juvenile inmates, the High
Court on March 4, 2007 issued a fresh suo moto rule on the
government to explain why necessary action should not be
taken against it for keeping children in jails in violation of the
High Court’s verdict delivered on April 9, 2003. An official of
the task force said, the number of children in jails increased
by 42 in a month after the High Court issued a fresh order on
March 4, 2007.
The Constitution does prohibit torture or other cruel,
inhuman, or degrading treatment or punishment in Article
35. However, the wording of Article 10 of the ICCPR seems to
65
Anonymous, “Comparison between the International Covenant on Civil and
Political Rights,” 20.
66
Ibid.
54