Street Children in Bangladesh Related Act and Policies . . . .

Training on Economic Social & Cultural Rights

BACE Training Center Date: 17 November 2011

Presented by

Rokibul Hasan Direct Services to Children Specialist PCAR-DSS, Ministry of Social Welfare

Milestones . . . . . .

• • • • • •

Article 28 (4)Bangladesh Constitution.

UNCRC.

National Child Policy 2011. National Plan of Action 2005.

National Education Policy 2010.

National Child Labour Elimination Policy – 2010.

Amendment of Children Act (approved by cabinet).

• • • • • • • • Article 28 (4) of the Constitution empowers the State to make special provisions, which will favour women and children Article 18(2) of the Bangladesh Constitution states that, the state shall adopt effective measure to prevent prostitution – both for children and adults

Relevant provisions

directive principles of state policy [Articles 15,17 and 25(1] the fundamental rights [Articles 27, 28(1)(2)(3)(4), 31, 32, and 39(1)(2)] the laws inconsistent with fundamental rights to be void [Articles 26(1)(2)]. Articles 27, 28 and 31 lay down the general principles as to the protection of children from all forms of discrimination. all citizens being equal before the law and being entitled to equal protection, must be treated in accordance with law without any discrimination.

Civil Justice System & Protection of Children

• • • •

Birth Registration ban on child marriage, no responsibility in any contractual agreement, care & maintenance of boy child till 18ys of age, girls until marriage, ban on harmful/unsuitable work.

The Divorce Act, 1869: Applies to Christians for custody, maintenance and education of minor children while their parents are engaged in law suits for separation, divorce or nullity.

The Contract Act, 1872: A minor (below 18 ys ) is incompetent to enter into contracts: section 11 of the Act; guardian can go for of sale on minor behalf for legal necessity or benefit.

The Guardians and Wards Act, 1890:

•

To appoint a guardian to taking care of minor and its property or both. The amended age is 18 instead of 21.

The Mines Act, 1923:

• •

ban on employment of a person below 15 years.

restriction on employment child above 15yrs and below 17 yrs .

Child Marriage Restraint Act 1929 (amended in 1984):

• •

ban on marriage of a male under 21 and female under 18 ys punishment on parents, guardians or anyone involved in such marriage.

Dissolution of Muslim Marriages Act 1939: Rights to a married minor girl to device at the age of 18 yrs. if the marriage has not been consummated.

Dowry Prohibition Act 1980

•

Have provision for penalty for giving taking and demanding dowry during or after the marriage by any party

The Vagrancy Act, 1943:

•

A person above 14 yrs. of age can be taken into custody for training and rehabilitation.

Family Courts Ordinance, 1985:

• • • • •

child of a separated or divorced parents father is liable to maintain a boy until 18 while girl till marriage and lifelong for disabled. child can claim the same from mother if she is solvent grandfather is liable if father passed away maintenance should unaffected by any custody arrangements.

Birth and Death Registration Act 2004

• •

This law protects the right to birth registration for all children irrespective of nationality, religion, race, group, or sex to have own name, identity and also have nationality.

Parents/guardians have the responsibility to provide information to the registrar within 45 days of the birth.

Bangladesh Labour Law, 2006:

• • •

the law repealed 27 laws enforced earlier in relation to the rights of employee and consolidated in one laws; child above 12 should not be employed unless an exceptional situation child above 14 should not be employed in any hazardous work at any circumstances

The criminal justice systems follow the 4 principles:

• • • •

deterrent (Preventive, Restrictive) retributive (Punishment) rehabilitative (Provide support to return to the normal life) restorative (Curative, Remedial)

The Penal Code, 1860:

• • • •

consent of a person of below 12 ys. is no consent (section 90) . taking away of a boy under 14 ys & a girl below 16 years from lawful guardianship is an offence ( section 361). kidnapping or abduction of a child of 10 ys is a severe offence under (section 364A).

Age of Criminal Responsibility is 9 years in Bangladesh

The Code of Criminal Procedure, 1898:

• •

no relevancy to the children below 16 yrs. commit an offence recover maintenance from a father for his children (within or without wedlock) section 488.

Metropolitan Police Ordinances 1976

• •

Applicable to all metropolitan cities City corporations) Provision for penalty for soliciting for the purpose of prostitution, indecent behaviour in public, teasing women etc.

The Suppression of Violence against Women and Children Act, 2003:

• •

imposed on the rapist to maintaining the child born. (now the government/state will take the responsibility obligation continues for boys until the age of 21 and for girls until marriage and lifelong for child with disability like a Father.

The Suppression of Immoral Traffic Act 1933

• •

Penalty for detaining, abetting, forcing, transferring, procuring, removing any female under 18 for the purpose of prostitution. Juvenile court should try such cases and arrange interim

The Children Act 1974

•

draft 2010 ACT is on the way ), the only principal law, provides a very distinct justice system for care & protection of children at risk. Provides custody, care and treatment of neglected, destitute, victim of violence & accused children. 2010 Act emphasis is given on institution as the last resort and should be the only means of short term rehabilitation. Alternative care provisions including minimum package of services shall be promoted. This law encouraged family based care and protection considering best interest of the child and meaningful child participation.

THANKS & WELCOME TO DISCUSSION