Child-friendly courts exist on paper, not in reality

In documents and on paper, there are child laws and child courts—everything exists; but in reality, there is no minimum child-friendly trial environment. According to the Children Act 2013, trials are supposed to take place in a separate and fear-free environment, but in the subordinate courts of Dhaka, there is no separate lock-up for children, no seating area, and not even a toilet. In this situation, the trial proceedings of children are ongoing in more than 44,000 pending cases across the country. There is no dedicated transport system for bringing children to court; rented lagunas or public transport are the only reliance.

On-site visits and investigations have revealed that children staying at the Gazipur Juvenile Development Center are brought to the Dhaka court by renting a laguna from there or by public transport. In this case, if there is one child, they are transported under the supervision of three police members on public transport, and if there are five children, a laguna is rented. In this way, the children are taken to the Dhaka court around 7 a.m. After arriving, they are produced in court.

However, since there is no separate seating or waiting room for them, they are kept in the rented laguna itself. And if they are brought by public transport, then they do not even have a seat. In this way, children are taken to different courts. At the same time, children newly arrested or surrendering in court are sent to the Gazipur Juvenile Development Center in a separate vehicle. However, there is no designated place or lock-up for keeping them like ordinary accused persons. There is not even any arrangement for a separate toilet or washroom for children's use. They are forced to use the toilet of the lock-up for ordinary accused persons. Besides, if children create disorder after coming to court, they are then kept with ordinary accused persons as well.

The Picture of India and Pakistan

Analysis has revealed that courts in India have completely separate waiting zones. These rooms are decorated with colorful wall paintings, cartoons, toys, comic books, and comfortable sofas. So that the victim child does not face the accused person in any way, special screens or video conferencing and one-way mirror technology are used to record the child's testimony. There are arrangements for separate washrooms for children and a pantry for light snacks inside the court building itself.

Courts in Pakistan have separate seating and playing arrangements for children. In the courtrooms of Sri Lanka, there are comfortable seating arrangements for children. Alongside this, books, televisions, computers, and play materials or play areas are kept so that they can feel comfortable.

In the Law but Not in Reality

The Children Act was enacted in 2013 and amended in 2018. In the amended law, it has been stated to ensure arrangements for separate courts or separate benches for children. In Subsection (4) of Section 19, it is stated that during the trial of a child by a child court, lawyers, police, or any court employee cannot wear their professional or official uniform in the courtroom. But in reality, these are not followed in the courtroom.

According to Section 17(4), as far as possible, instead of the traditional courtroom with a dock and red curtain, the child court session should be held in a general room and on another day and time, with only the child and no adult, in a building or room other than the one where the conventional court session is held. But their trial proceedings are conducted in the same room as ordinary accused persons. In reality, no separate courtroom named child court has been established. Rather, the Women and Children Repression Prevention Tribunal is used as the child court.

According to the Children Act 2013, the age of a child is set at 18 years. In the Children Act 1974, the age of a child was set at 16 years. Under Section 82 of the Bangladesh Penal Code, any unlawful treatment of a child under the age of 9 shall not be considered an offense. Under Section 83 of the same law, if in the judge's view a child is not under 9 but not over 12, and maturity is not identified, then in that case too the child shall not be considered an offender.

According to the law, after arrest, no child shall be handcuffed, or have a rope or cord tied around the waist. But in many cases, when the accused is produced in court after arrest, the police bring them handcuffed. However, the police's statement is that handcuffs are put on out of fear that they may flee. But children detained in juvenile development centers are produced without handcuffs.

It is stated that arrangements must be made to keep the child in a safe place. However, the condition is that in keeping the child in a safe place, the child shall not be kept together with an adult or any child or offender who has already been convicted, or any child who has come under the law. But in the subordinate courts of Dhaka, there is no arrangement to keep children in a separate place.

More Cases in Dhaka, Fewer in Rangamati

According to Supreme Court information up to December 31 last year, 44,513 cases were pending in child courts in 64 districts. Among them, trials have been ongoing for more than five years in 2,833 cases. However, proceedings have been stayed in 42 cases by order of the High Court. In the subordinate courts of Dhaka, 4,224 cases are pending. 490 cases have been hanging for five years. Alongside this, the trial of 11 cases has been stayed. In second position is the Chittagong Child Court. In this court, 2,564 cases are pending. In Rajshahi, 1,909; in Cox's Bazar, 1,870; in Gazipur, 1,555; in Mymensingh, 1,535; and in Sylhet, 1,466 cases are pending in child courts. In Dinajpur, Comilla, Jessore, Barisal, and Rangpur, more than one thousand cases are pending. However, Rangamati has the fewest pending cases at 49. Besides this, 133 cases are pending in child courts in Jhalakathi, 142 in Meherpur, 179 in Barguna, and 183 in Chuadanga.

Md. Emran Khan, supervisor of the Tongi Juvenile Development Center (Boys) in Gazipur, said that currently there are 934 boys here. If the distance is far, they are produced in court by bus. But if it is near, a microbus is used. Their fare along with refreshment bills is paid.

Supreme Court lawyer Ishrat Hasan, while mentioning that it is alarming that there is no place to keep children in court and that it is contrary to protecting children's rights and dignity, said that according to the Children Act 2013, it is essential to ensure a separate and child-friendly environment for children. If children are kept with adult accused persons, their mental development and security may be harmed. Therefore, it is the state's responsibility to arrange separate safe waiting rooms and necessary custody for children on court premises. Children's trials must be held in a fear-free, humane, and rehabilitation-oriented environment. Separate waiting rooms, trained officials, assistance from guardians, and psychological support must be ensured. According to the Children Act 2013 and the United Nations Convention on the Rights of the Child, the best interests of the child must be given priority. It must be remembered that the purpose of a child's trial is not only punishment; rather, it is to give them a beautiful future through correction and rehabilitation.

Deputy Commissioner (DC) Mohiuddin Mahmud Sohel of the Prosecution Division of the Dhaka Metropolitan Police (DMP) told Agamir Somoy that there is no separate lock-up or place to keep children. However, they are kept in a separate room within the lock-up for ordinary accused persons. Children arrested at the police station are sent to the juvenile development center in a microbus. However, when children are brought from the juvenile development center for a hearing, they are taken directly to court. Later, after the work is finished, they are taken away.
303 Children in Prisons with Imprisoned Mothers

There are 303 children in various prisons across the country with imprisoned mothers. This information has emerged in a report submitted by the Department of Social Services to the High Court. It states that through the Offender Correction and Rehabilitation Society, regular inquiries are made to ensure the primary development and protection of these children, and various necessary items including toys, clothes, and baby food are regularly supplied.

The Department of Social Services has also recommended keeping these children with preferred close relatives or in government children's homes for their best interests.

Earlier, following a writ petition, the High Court on June 15 sought a detailed report on how many children are in prison custody with mothers involved in or convicted of various offenses. The Director General of the Department of Social Services and the Inspector General of Prisons were asked to submit this report within two months.

The court issued a rule asking why necessary steps and measures should not be ordered to ensure the safety, welfare, education, proper development, and fundamental rights of those children in prison. It is learned that the final hearing of this writ will be held after the vacation. The report will be submitted to the High Court bench comprising Justice Khizir Ahmed Chowdhury and Justice Md. Ziaul Haque.

Supreme Court lawyer Quamrun Nahar Mahmud Dipa, who filed the writ petition, said, "We had filed a public interest litigation in the High Court seeking a list of how many children are staying with mothers in prisons. After the hearing, the court had asked the prison authorities and the Department of Social Welfare to submit a specific list in the form of a report within two months. In that context, we have received a report from the Department of Social Welfare."