‘Vagueness’ in Children Act-2013: Rule against 3 secretaries

The High Court today asked three secretaries of the government to explain in three weeks as to why a contempt of court rule should not be issued against them for not complying with its earlier order.

During hearing four bail petitions, the court on August 14 ordered secretaries to law and justice division and legislative and parliamentary affairs division of the law ministry, and social welfare ministry to explain the ambiguity of children law regarding holding trial of an adult accused of a case filed under this law.

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The bench of Justice M Enayetur Rahmim and Justice HBM Hassan also directed them to submit their explanations about the vagueness of the Children Act, 2013 to it in seven days.

The secretaries did not give any explanation to the HC, rather they today sought three months' time through the solicitor's office from the HC bench for submitting the explanation, Deputy Attorney General (DAG) Shaikh AKM Moniruzzaman Kabir told The Daily Star.

Without giving time to the secretaries, the HC judges issued the rule against them, he added.

Under the Children Act, 2013, only the child court is empowered to hold trial of the offence if a child is a victim or witness of the case. But, there is no mention specifically in this law which court will hold the trial if an adult person is accused of the case.

Going through the vagueness of the law during hearing the bail petitions of four adult accused in separate cases under the children law, the HC bench in March this year sought explanations from four judges of child courts in Dhaka, Rangpur and Cox's Bazar on this issue.

The HC also issued separate rules upon the government to explain as to why the accused petitioners should not be granted bail in the cases filed against them under the children law.

The judges of the child courts then submitted explanations saying that there is no specific provision in the Children Act, 2013 regarding what the process will be for granting bail to an adult accused and the trial of the case if the victim is a child.

After receiving the explanations from the child court judges, the HC bench on August 14 asked the three secretaries to give explanation on the ambiguity of the law.