Rights Advocacy
Protecting children from unequal treatment
Children in Bangladesh are increasingly at risk of becoming victims of violent crime. There is a significant rise in murders of children. While in the last one year, incidents of murder were 334 as reported in newspapers in 2011. There were 414 murders reported in 2012 as it has been revealed in State of Children in Bangladesh 2012: Taken from Newspapers. The release was organised by Manusher Jonno Foundation (MJF). Apart from murders, there are other severe violations of rights of the children revealed in the release.
Though there are few good examples in rescuing abducted children, police in Bangladesh have largely struggled to deal with criminals having political affiliation. Many of the readers might have read the news published in The Daily Star on March 24, 2013 regarding sensational case of the schoolboy, namely Porag. Police reportedly pressed charges against 12 of the accused in schoolboy Parag Mondol abduction case while leaving out the prime one. The prime accused of this case is affiliated with the youth wing of the ruling party. Interestingly, he was only taken to the prison when there was a directive from the High Court.
Though it has been stated in Article 27 of the constitution, “All citizens are equal before law and are entitled to equal protection of law”, it took an order from the High Court in order to arrest a prime suspect of child abduction. Although name of the prime suspect of Parag abduction appeared in the newspapers, he successfully evaded arrest until High Court intervened.
Even when he got arrested, he managed to secure bail from the District and Sessions Judge's Court in Dhaka. It appeared that the prosecution did not object to the bail petition. Again, it required the bench of High Court to come forward and sent him back to prison. Now, police claimed to have found nothing against prime accused.
It has been stated in Section 169 of the Code of Criminal Procedure (CRPC), “If, upon an investigation under this Chapter, it appears to the officer in charge of the police-station or to the police-officer making the investigation that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police-report and to try the accused or send him for trial”. If the police submit a final report, the magistrate may accept it or reject it. After rejecting the final report, he may order for further investigation. If the magistrate accepts it, the aggrieved informant can file a Naraji petition in the court. Naraji petition is considered as a complaint and the court if upon examination of the complaint or other witnesses, if any, is satisfied, may issue process upon the accused or may direct inquiry into it by another magistrate.
Bangladesh is one of the earliest signatories of Convention on the Rights of the Child (CRC) where it has been stated in Article 4, “States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation”. Bangladesh also ratified this convention and through 'Ratification', Bangladesh has signified an agreement to be legally bound by the terms of CRC including child protection.
However, there are apparent failures in ensuring protection for children. While police in one hand pressed charges without accusing prime suspect in the case of Porag, they had put behind innocent peoples behind bar in the case of Bishwajit. Murder of Bishwajit drew huge public attention and there were accusations against police of not only negligence in investigation but also harassing innocent people. As reported in the Prothom Alo (March 24, 2013), a number of 2 people are still languishing in jail while 2 others managed to secure bail from the high court. This kind of situation is not anticipated in a democratic society.
“All citizens are equal before law and are entitled to equal protection of law”- said in Article 27 of the constitution of Bangladesh. In practice, influential accused have obstructed course of justice on many occasions with the help of a section of law enforcing agencies. Issues like negligence in duties and harassment of innocent people must be dealt by law enforcing agencies quite seriously. In order to ensure equal entitlement for all citizens, law enforcers must play their part.
The writer is a human rights worker.
For all latest news, follow The Daily Star's Google News channel.
Comments