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

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