The government is yet to establish separate courts only for children in line with the Children Act, which was passed in 2013 in order to establish courts in each district for trial of children's crimes cases.
Due to this, the judges of the Women and Children's Repression Prevention Tribunal are performing the duties of the Children's Court in addition to their duties resulting in delay in disposal of cases, experts opined.
The Children's Act of 2013 provided for one or more courts called Children's Courts in each district to try crimes committed by children.
According to the Supreme Court (SC) sources, the number of pending child cases across the country was 42,569 as of December 31 last year.
Recently, there was a huge uproar across the country over the death of a child who was raped in Magura. Many have brought up the issue of separate children's courts in the context of its trial. In such a context, the Supreme Court administration has written to the Law Ministry on the instructions of the Chief Justice to establish children's courts in every district of the country.
When asked about this, Supreme Court Special Officer Moazzem Hossain said, "Although the law mentions the establishment of children's courts, it has not been implemented for a long time. The judges of the Women and Children's Repression Prevention Tribunal are performing this duty. This is putting additional pressure on them. The disposal of cases is being delayed.
However, a letter has been issued from the Supreme Court to establish separate children's courts on the instructions of the Chief Justice. If this is implemented, the complaints related to children's crimes will be disposed of quickly, he added.
The Supreme Court sent a letter on March 13 stating that the Children's Act, 2013, was enacted to implement the United Nations Convention on the Rights of the Child, repealing the Child Act, 1974.
According to Section 16(1) of the new law, there will be one or more courts called children's courts in every district headquarters, the letter said.
Even though it was mandatory to establish the children's court in each district, but no separate children's court has been established in any district of the country so far, the letter noted.
The Supreme Court's letter urged the necessary measures to establish this court to ensure speedy and fair trial of children's cases.
The report of the Judicial Reform Commission formed by the interim government also recommended the establishment of a separate children's court in every district to try child offenders.
When asked, commission member Barrister Tanim Hossain Shawon said, "We have recommended the establishment of a separate children's court; because, this is stated in the law. If there is no separate children's court, the purpose of the law will be disrupted. The environment of this child-friendly court will be different from the conventional court."
Currently, the judges of the Women and Children's Repression Prevention Tribunal are performing the duties of the children's court as an additional task to their duties. However, the Women and Children's Repression Prevention Tribunals are overloaded with the trial of related cases.
According to the Supreme Court report, the number of cases pending under the Women and Children's Repression Prevention Act as of December 31 in 2024 is 151,317.
The judges of the Women and Children's Repression Prevention Tribunal also have to try human trafficking cases as an additional responsibility.
According to the provisions of the Children's Act, 2013, the structure of the children's court is different from other existing courts.
In the existing environment of the Women and Children's Repression Prevention Tribunal, there is no opportunity to try children.
Human Rights and Peace for Bangladesh President Manzill Murshid said the law itself says to establish children's courts. The ministry has not implemented it, it is their failure. It was necessary to establish children's courts earlier. Many courts do not have judges. Due to which the backlog of cases is increasing.
Therefore, judges should be appointed quickly in other courts, including the children's court, he added.
Despite the lapses of more than 9 years since the government took steps to establish a separate children's department, but there is no progress in the matter.
In 2016, at a meeting organized by the Child Rights Advocacy Coalition in Bangladesh, an alliance of 10 international and domestic organizations, decided to establish a separate department for the safety and development of children.
Besides, in August 2022, at a programme organized by the international development organization 'World Vision', the then government assured the formation of a separate department for children. Coordination with the Ministry of Public Administration and the Ministry of Finance was also announced. But there was no progress on that during the Awami League's tenure.
The National Human Rights Commission also recommended the government to establish a children's department. Although the government accepted the recommendation, it did not take any initiative to implement it.
