VIOLENCE against children remains a pervasive issue in Bangladesh, affecting countless children from all backgrounds. This violence manifests in various forms, including physical, sexual, emotional, neglect, trafficking, and child marriage, perpetuating cycles of harm. Despite strides in establishing legal frameworks, significant gaps persist in effectively safeguarding children from harm. This analysis scrutinises the legal landscape in Bangladesh concerning violence against children, elucidating existing legislation, its strengths, weaknesses, and areas necessitating improvement.
In the first four months of 2024, Bangladesh witnessed a distressing toll, with 176 children tragically losing their lives, as reported by the legal aid group Ain O Salish Kendra. Shockingly, only 63 cases were filed, indicating systemic challenges in seeking justice for these victims. Among the victims, 17 were under six years old, while 90 fell within the vulnerable age bracket of 13鈥�18 years old. This grim reality, though disheartening, is not novel in Bangladesh, as reports from organisations like Ain O Salish Kendra annually spotlight the plight of children, while media outlets chronicle the harrowing details of their suffering.
Traditional beliefs often mitigate the gravity of physical punishment, erroneously framing it as corrective rather than abusive. Similarly, child marriage, despite its adverse effects, is sometimes perceived as a means to secure a girl鈥檚 future. Cultural stigma may deter reporting of abuse, particularly sexual abuse, as victims and families fear social ostracization or blame. Moreover, socioeconomic disparities may compel families to subject children to abuse or early marriage, prioritising immediate survival over long-term welfare. Additionally, inadequate awareness among children and adults alike further complicates efforts to combat violence.
Article 18(2) of the Constitution explicitly prohibits all forms of prostitution, including child prostitution. This provision reflects a commitment to combating exploitative practices and protecting the dignity and rights of individuals, particularly vulnerable groups such as children who may be at risk of exploitation in the context of prostitution.
Article 35(5) provides comprehensive protection against torture and cruel, inhuman, or degrading treatment. By using the phrase 鈥榥o one,鈥� this provision underscores the universality of the prohibition, applying to all individuals without exception. This includes both adults and children, emphasising the state鈥檚 obligation to safeguard the physical and psychological integrity of every person within its jurisdiction.
Bangladesh鈥檚 legal framework encompasses various statutes aimed at addressing violence against children. For instance, Section 317 penalises the abandonment of children under 12, while Section 364A addresses the abduction of minors, prescribing up to 14 years of imprisonment. Article 366A imposes penalties for causing the death of a minor, while Sections 375 and 376 concern rape and its punishment.
The 2013 Children Act represents a significant legislative stride in Bangladesh aimed at aligning the country鈥檚 legal framework with international standards, particularly in compliance with the United Nations Convention on the Rights of the Child and decisions of the Supreme Court of Bangladesh. This act not only repealed the outdated 1974 law but also introduced comprehensive provisions to protect children from various forms of violence and exploitation. Below, I provide detailed insights into key sections of the Children Act 2013: Section 63(1) of the Children Act 2013 mandates the government to issue office orders establishing minimum standards for child welfare institutions and recognised organisations. These standards encompass various aspects, including proper medical care, aimed at ensuring the well-being and safety of children under their care.
Under Section 54(3)(a), the Juvenile Court is empowered to issue protection orders to safeguard the confidentiality of children involved in legal proceedings. It stipulates that all information pertaining to the child must be kept confidential, and the child鈥檚 identity can only be disclosed through an authorised statement.
Section 70 of the Children Act delineates the punishment for child abuse, encompassing all forms of assault and corporal punishment characterised by cruelty towards children. Offenders convicted under this provision can face imprisonment for up to five years, fines of up to Tk 100,000, or both. This underscores the severity with which the legal system views crimes against children, aiming to deter such offences effectively.
Section 32(2) of the Prevention and Suppression of Human Trafficking Act, 2012, underscores the importance of conducting processes related to the identification, rescue, repatriation, and rehabilitation of human trafficking victims with special consideration for the welfare and special needs of women and children. This provision reflects a recognition of the vulnerabilities of these demographics and the necessity of providing them with enhanced protection. Section 36(2) of the same act ensures that human trafficking victims, including children, have the right to give consent for medical treatment, legal aid, and psychological counseling. This provision acknowledges the agency and autonomy of victims in decisions regarding their own well-being and recovery process. The emphasis on conducting processes in a 鈥榲ictims-friendly manner鈥� suggests a victim-centric approach to combating human trafficking.
This approach prioritises the needs and experiences of victims, aiming to minimise further trauma and empower them to seek assistance and support. By enshrining these rights and protections into the anti-trafficking law, it imposes legal obligations on relevant authorities to ensure compliance. This includes law enforcement agencies, healthcare providers, social services, and other relevant stakeholders involved in combating human trafficking and supporting victims. The provisions outlined in the act align with broader human rights principles, particularly those related to the rights of women, children, and victims of crime. By safeguarding their rights to protection, consent, and support services, the law reflects a commitment to upholding human dignity and addressing the injustices faced by trafficking victims.
However, the efficacy of these laws is undermined by bureaucratic hurdles and delays plaguing the legal process. The absence of legal deadlines for obtaining crucial evidence, such as DNA reports in rape cases, exacerbates victims鈥� suffering. Furthermore, limited awareness of available resources compounds victims鈥� plight, despite initiatives like the ministry of women and children affairs鈥� projects and the National Helpline 109.
To address these shortcomings and safeguard children鈥檚 rights, concerted efforts are imperative. Modernising existing laws, fostering collaboration between governmental agencies, non-governmental organisations, and civil society, and enhancing awareness through educational campaigns are crucial steps. The establishment of specialised child courts, the provision of support to underprivileged families, and ensuring prompt access to justice are paramount. Strengthening legal frameworks, fostering dialogue, and prioritising initiatives that empower families and children are indispensable to breaking the cycle of violence. Bangladesh鈥檚 children deserve a future free from harm, and achieving this necessitates unwavering commitment from all stakeholders.
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Humaira Adiba Kotha is a law student at the University of Asia Pacific.