Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
a child or juvenile does come into conflict with the law, the
aim is to provide a system of justice which is child-friendly.
Regarding juveniles who are accused of offences against or
infringement of penal laws, recourse must be had to Article
40 of the Convention on the Rights of the Child, 1989. The
juvenile justice system must take into account the need to
respect the child’s rights and the desirability of promoting
the child’s reintegration in society. It was noted by the court
that although the Children Act of 1974 is a forward thinking
piece of legislation, it falls short of international standards
laid down by the relevant international instruments
including the CRC. The court observed that Bangladesh,
which ratified the Convention in 1990, is duty bound to
reflect the provisions of the CRC in national legislation and as
such it should enact a new law in conformity with the
provisions of the CRC.
In 2008, the High Court Division in the case of State vs.
Metropolitan Police Commissioner, Khulna and others
issued the following directions:
- It is the duty of this Court and all other courts as well as
other state departments, functionaries and agencies
dealing with children, to keep in mind that the best
interests of the child must be considered first and
foremost in dealing with all aspects concerning that
child.
- The parents of the children who are brought before the
police under arrest or otherwise, must be informed
without delay
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