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Mohammad Farid, then 16, was picked up by police at Gabtali bus station as a suspect in a robbery case. He just arrived at the station from a home vacation to resume work as a tempo driver's helper and had no idea about the robbery. He spent nine days in police custody where he was allegedly tortured.
Police never cared to inform the teenager's family about his arrest. From police custody he was transferred to Dhaka Central Jail where he spent another five months before being sent to a correction home at Tongi. Farid's family was too poor to get him freed.
Farid's case is not unique in Bangladesh. Many like Farid suffer detention in the hands of police. Such detention takes place in violation of UN charter on child rights and Bangladesh's 1974 child rights law.
Bangladesh is a signatory to the UN charter that describes anyone under 18 as a child. Under the Bangladesh law, a child under nine can be prosecuted for a crime. That means a child under nine cannot be detained or sent to jail. The 1974 law says anyone under 16 will be considered a child.
However, detention of a child does not always help correct his delinquency.
Consider 14-year-old Imon who was brought to a child court by his father who says his son has become a delinquent. According to the father Imon does not obey his parents, returns home late and keeps bad company.
Unable to rectify the son's behaviour, the father has brought him to the correction centre at Tongi. The court ruled that Imon would stay six months in the home. Ironically, the boy has learned in the custody how to make daggers and such weapons, and he reportedly told his friends that he would keep doing it when he is released.
Says Habibunnesa, head of trial and violence section at Save the Children: "The type of training that is provided in the country's adolescents centres is not realistic. Those who serve terms here find it difficult to adjust to the outside world because the skills they learn are not good enough and moreover they are not given any certificates.
What these children need is industrial schools and good training institutes. The government should come forward to set up such schools so that these children do not return to crimes.
On the first Monday of October each year, the United Nations observes World Children's Day to create awareness about children's rights and make the societies more responsible to their development. A child week is also observed each year starting Sept. 29. In spite of all these efforts, the world is full of children who are deprived of their rights.
Bangladesh, for example, has about 450,000 children who live on the streets. The 1974 law in Bangladesh provides that when a child is seen as a crime suspect the police must first try to find who else is said to be involved in it.
Says Habibunnessa: The idea is to find out if any adult is behind the crime; whether the child has been used by a gang to commit the crime.
"In case of children the spirit of the law is correction, not penalty. That's why lots of reviews are needed whenever a child is involved in a major crime," she says.
The 1974 law also bars court from sentencing a child criminal to death. There is a provision of bail for child crime suspects even if the case is non-bailable. A child crime suspect can be handed over to probationary officer or proper guardian for correction. In case there is no blood relation, a responsible person can be chosen as the child's guardian.
Even if a child is involved in a crime along with adults, there has to be separate charge sheets for him. A child cannot be kept in policy custody and he must be granted bail and handed to a guardian.
About police role the law says if an under-16 child is arrested in a non-bailable case and if he cannot be produced before court the officer-in-charge can free him on bail or send the child to a safe custody until he can be produced before the court. The law says the OC will immediately inform the guardians or probationary officer about the detention.
Says Additional Attorney General A J Mohammad Ali, the 1974 law is clear about a child's supervision, custody, security, trial and penalty. The trial is to be held in a court that deals with adolescent crimes. The role and responsibilities of judges have also been defined in the law.
Says Mohammad Ali: "Special care is taken during the trial of a child crime suspect so he is not harassed during the process."
Salma Ali, Executive Director of Bangladesh Jatiya Mahila Ainjibi Samity, told a recent workshop that many of the child prisoners are held in connection with holding illegal arms, drugs or explosives. She said children are used as pickets during political programmes such as hartals. Police make mass arrests, including children. Besides, children are used as carriers of drugs. The political parties must stop using children in their partisan interests."
Says Habibunnessa: "It is important to make provisions so that a child crime suspect is kept in community custody instead of police custody: police must fully abide by the law and there should be separate trial for child crime suspects." — NewsNetwork
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