Juvenile Justice System In Bangladesh – A Critical Appraisal: An Endeavour To Find Out The Gap

Juvenile Justice System In Bangladesh – A Critical Appraisal: An Endeavour To Find Out The Gap Between Legal Provision And Current Practice With Necessary Recommendations

Anup Kumar Biswas, Assistant Professor, Department of Law, Premier University, Bangladesh

ABSTRACT

The juvenile justice system all over the world has been undergoing significant changes. The prime goal of the modern juvenile justice system is to protect the best interest of the children in conflict with the law. Bangladesh recognized the special needs of children coming in conflict with the law long before the adoption of the ‘Convention on the Rights of the Child.’ The laws prevailing in Bangladesh guarantee almost all the due process rights of the juveniles. The provisions of the Children Act, 2013 ensure separate trials for children and separation of children from adults at all stages of proceedings. Despite having comprehensive national legal arrangements, proper implementation of the laws remains far from satisfactory level. Resultantly, the children of Bangladesh in conflict with the law have been suffering miserably. This article attempts to analyze the juvenile justice system in Bangladesh on the basis of a situational analysis of the prevailing system by which assessment has been undertaken as to whether the present system practically guarantees the rights and best interests of children. The gaps between provisions of laws and current practices have been focused minutely. Finally, an attempt has been made for the purpose of providing necessary recommendations in order to ensure a full-fledged child-oriented justice system for children in conflict with the law.

Keywords: Juvenile Justice, Children in Conflict with the Law, Best Interest of the Child, Diversion, Child Oriented Justice System.