Introduction:

Delinquency is the criminal behavior usually of young people and juvenile is connected with young persons who are not yet adults.  Officially, juvenile delinquency consists of misbehavior by children and adolescents that leads to referral to the juvenile court. The general notion of children as a “protected species” is a relatively contemporary fact that developed nearly in the second half of the eighteenth century. The development of child psychiatry has shown the importance of certain childhood disorders in causing minor emotional distress or disorders of conduct, which affect the community. The delayed advancement of it may be delineated not only in economical entanglement but also in social typical one. In by-gone days children were, to a large extent, treated as absolutely miniature adults and an obvious notion was formed of their unusual requirements and phase of intelligence was not deemed to be requisite indeed.

When it acknowledged that those who were young enough were not capable of criminal decline, then maturity was settled at seven years of age. Those who were older were generally considered absolutely answerable for their activities with some extent of acknowledgement of alleviating factors, for example, insufficient paternal restrain or different surrounding agents. A different margin was delineated between child and adult merely where it was convenient for the exception to benefit from the influential classes.

 The logical basis of this was that children are not absolutely, concerning the mind, involved in their actions. The other reason behind it is that considerable juvenile delinquencies are the factors of certain type of psychological maladjustment produced by guardian’s incapability of giving significant fundamental requirements. Under this type of entanglements, delinquencies ought not to be taken at face value rather it ought to be regarded surpassing the control of the juvenile, their supposition of lawful liability for their behavior could not be required or desired due to these factors.

The fundamental kinds of community oriented punishments comprise of probation, residential and day-treatment programmers. These services are substitutes to institutionalization and prevent children from entering jails and adult prisons. In the west, this type of community orientation programmers attracted public patronage in the late 1960s and early 1970’s. These were considered as the more kind, economical and fruitful remedies for in relation to punishment centers. In Bangladesh, this type of community-oriented punishment does not prevail apart from a small number of community oriented relation clubs regarding youth to bring them away from danger.

For the protection of children in Bangladesh, the laws have been enacted. But regarding children, a very little legislative reform has been introduced in support of either the Constitution or the Convention on the Rights of the Child (CRC). Since, the ratification of the UNCRC and to harmonies the domestic laws in relation to each other or to the convention no remarkable attempt has been taken. Even the rights assured by the Constitution, which are known, as the “supreme law of the land” has not been ensured. Despite the provision for necessary legal reform, the actual problem lies not only with the text of the law but also with the insufficient judiciary. As a result, this does not

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deliver justice in an equitable and conscientious manner. Often the critical problems arise regarding court proceedings, investigations and placement of children.

 It is proved through the study in the juvenile justice that the number of cases refereed by guardians in far more than the police, which are submitted at the correctional in a child if such a disproportionate number of police refereed cases should not be construed as indicating a decrease in juvenile criminality. As a result, the innocent child would be turn grow up as criminal who would fail to convey his/ her innermost tender feelings with the hope to achieve certain degree of understanding in an alien and unfriendly adult world. Thus the approach to juvenile justice should be then beyond “duty based” attitudes and should embark upon a “right based” orientation for the societies in transition. Therefore, Bangladesh should likewise strive to put “rights” in the proper perspective. This step should be taken in respect of children to provide a conceptual framework for planning policy and programmers on the issue of juvenile justice.

Definition and nature of juvenile delinquency:

      The word ‘delinquency’ has no specific definition, nor any universally acceptable meaning. Delinquency is a complicated as well as comprehensive term; it contains different shades of meaning. No identical concept is found about it .Different societies and different countries are having its different meanings. Again, the moral concept of delinquency is quite different from its legal concept. It also assumes different meanings in different social, cultural, religious and psychological perspectives.

          It is commonly used to indicate a crime committed by a juvenile. The nature and character of this crime are different in different societies. Any attempt to define delinquency will give rise to a number of legal and social complications as to the age of the delinquent and the extent of the crime committed by the delinquent himself or herself. In a wider sense, delinquency includes any unlawful or socially unacceptable activities done by a young person. The main crux of the problem in defining delinquency lies in the fact that the age limit of delinquent young persons is not uniform all over the world. Different countries are having different age limits for delinquent persons under their own legal systems. Again, the same system of law presents different age limits, under different legislation. Moreover, the outlook of sociologists of different countries also various as to the nature of the crime to be termed as delinquent activity. Delinquency includes anything done by a delinquent person in deviation of social and legal duty. It the concept of delinquency is considered party as a legal and partly as a social matter, it becomes relatively easier to expound it in a nearly convincing form. Law decides the age of the delinquent and the nature of the unlawful activity, while the social norms will determine social values of it. Keeping this view in mind Dr. Abdul Hakim Sarker says: “The modern concept of delinquency … is the product of legal philosophy distinguishing a youthful offender from a criminal one.” In this connection, Dr. Habibur Rahman delivered the idea in an interview with the reporter of the Weekly Bichitra, Mr.

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Mizanur Rahman Khan. He says there, the concept of delinquency is moment, he may be identified as an adult criminal. Virtually, the difference of age is primarily considered as the distinguishing factor between a juvenile delinquent and a criminal.

Age and Delinquency:

       In Bangladesh, different legislation’s provide different age limits of delinquents. But all of them are within 12 and 18 years of age. The Bengal Children Act, 1922 which was repealed but marked the age of juvenile delinquent between 14 and 16 years. The Children Act, 1974 has defined “Child”, “adult” and “youthful offender” in the Section 2(a) and 2(f) respectively. in this Act, any person who is under 16 years of age is considered a child, and a person who is not a child is a adult. A child who is found to have committed crime is a youthful offender. Again, in Sections 82 and 83, the Penal Code, 1860 any person under 12 years of age is recognized a child. So it may be said that if a child exceeds 12 years of age he may also be called a child. The age limit of “child”, “adolescent” and “juvenile”, as provided under different legislation’s are shown in the following.

        Although it appears strange, it is fact that in most of the Acts nothing specific is found about the age of a juvenile delinquent in Bangladesh. According to Section 82, the Penal Code, 1860 no criminal act of a child under 7 years of age will be considered an offence. Moreover, under Section 83 of this Code, nothing committed by a child above 7 years and under 12 years of age will be considered an offence. But if he is matured enough to understand the nature and consequence of his conduct at the time of commission he will be regarded as a delinquent child. On the other hand, in Section 2(f), the Children Act, 1974 any person under 16 years of age has been defined as child. At this time if he is sent to the custody of jail or correctional centre for his delinquency he will be called child. Whereas in the Penal Code, 1860 it is mentioned that a child or delinquent has to go through the Juvenile Court. It is also said that the court has no authority to judge on other matter excluding the children of that age limit. So it is evident that the two words ‘child’ and ‘juvenile’ are of the same meaning. Therefore, any child from 7 years to under 16 years of age who commits crimes can be called a “juvenile delinquent”.

        Different is also perceptible about the age limit of delinquents in countries of Asia and Europe. However, some data of Asian and European countries are given in the diagram below.

        Besides the above differences as regards the age of juvenile offenders, a draft of national policy has recently been introduced for children. This draft will soon be submitted to the cabinet for final approval. It is mentioned in this draft that juvenile boys and girls under 18 years of age will be considered children for maintaining a similarity with the United Nations Convention. Therefore, in this work, every boy and girl from 7 years to 18 years of age will be considered juvenile for comparative discussions of juveniles of other countries.

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        There is neither classification of juvenile delinquency separately in any regulation of Bangladesh, nor which conducts or activities of a juvenile will be considered an offence. The same offence may be committed both by a juvenile and a person who is not a juvenile. But the only difference, which is made, is that one is juvenile delinquent and the other is a general or adult criminal. Because of this difference, there may also be difference as regards the trial procedure between these two categories. So, it may be stated here that one of them is a crime committed by a person under the age of 18 years and the other is a crime committed by a adult person. The activities, which are considered juvenile offences under the laws of Bangladesh, will be discussed in this work.

       In Bangladesh, juvenile delinquency may therefore be defined as an illegal and antisocial act committed by a person between 7 years to 18 years of age. In international perspective, it may be said that an act done by a person between 7 years to 18 years of age of any country which neither the law, nor the social need, nor even the moral principles prevalent among the people of that country recognized is juvenile delinquency. In a limited sense, all illegal and antisocial activities done by a person between the age of 7 years to 18 years are called juvenile delinquency.

Necessity of Separate Juvenile Justice:

According to Judge Thomas Edward of the juvenile Courts of Santa Clara County of California,

“It depends on many, many circumstances. But very generally, the 14-year-old does not have the level of maturity, thought process, decision-making, experience, or wisdom that a 24-year-old presumably has.

Secondly, a 14-year-old is still growing, may not appreciate the consequences of that type of behavior, and is susceptible to change, at least to a higher degree than a 24-year-old is. . . . I think we have a real shot at trying to straighten out the 14-year-old, and even the people who are a little bit hard-nosed in the system, such as your average prosecutor, will sometimes grudgingly admit that, with a 14-year-old, given the proper level of accountability and the proper types of programs to change their behavior, we have a chance at salvaging these kids.

But with a 24-year-old, I think the whole consensus of opinion is, "You've had your chance, you're now an adult, you've made a bad decision, you've hurt somebody, you've done it. Now you pay the price."

According to Judge Ladoris Cordel of the same court,

“If the 14-year-old engages in criminal conduct, and it's the same kind of conduct that the 24-year-old engages in, I don't think the response of society . . . should be to look only at the fact that they engaged in the same behavior, so treat them both the same as adults. That does not make any sense on its face. They have different life experiences

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that got them to that point. If the 14-year-old who got to that point can still benefit from having some kind of services to treat this person, to help them better have a life because they're only 14, then we ought to do it. . . .

The problem is that we're taking 14-year-olds, 15-year-olds, 16-year-olds, and we're giving up on them. We're saying, "You've committed a crime, and we're just going to give up on you. You're out of here; society has no use for you." We're throwing away these kids. And I have found, in my own experience, that there are salvageable young people who have committed some very horrible kinds of crimes, who are able to get their lives together and be productive members of society. I think it is a mistake to just carte blanche give up on these young people just because of the nature of the conduct, when there is so much more that goes into why that person got there at that point in time so young in their lives. I have had these young people come into my court charged with committing some violent acts as serious as murder, but they had not gone into the adult system, because it was a decision I made as a result of a fitness hearing that this person indeed was amenable to treatment. And in some cases--not all, but in some cases--I have been proved right. So I know that this can happen. Lives can be turned around.”

Juvenile delinquency in Bangladesh:

Juvenile Delinquency is one of the serious problems of mass society .It is almost an outcome of rapid urbanization and industrialization of modern times. This has almost become a universal problem in most of the industrialized countries including India & Bangladesh. Before proceeding further it is necessary to understand what Juvenile Delinquency is.

Delinquency is a kind of abnormality. When an individual deviates from the course of normal social life, his behavior is called Delinquency. When a juvenile, below an age specified under a statute exhibits behavior which may prove to dangerous to society or to himself he be called a Juvenile Delinquency.

The second United national Congress on the prevention of the prevention of crime and treatment of offenders (1960) states, “By Juvenile Delinquency should be understood the commission of an act which is committed by an adult, would be considered a crime”.

In Bangladesh we have not experienced any counter youth culture like Teds, Mods, Rock'n'Roll, Hippy or Punk of Britain or any young gang culture of the U.S.A. outraging moral and social concern. But the process of urbanization (which started from 1960s), migration from village to city (which started at a large scale from 1980s), vulnerable economic condition and impact of globalization caused social transformation, though slow, of Bangladesh. The large joint families started to break into segments and single parent family begun to get prominence. Economic deprivation, unemployment, poverty, flimsy family ties, media influence and criminalized politics made a fertile ground for increased rate of juvenile delinquency.

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There are three correctional centres in Bangladesh for rectification and rehabilitation of juveniles. Two (one is in Tongi, and other in Jessore) for male child, and one (it is in Kunapara) for female child. Two categories of children are kept therefirst category constitutes of uncontrollable children and referred by parents and second category comes to the correction centre’s after committing offences and referred by courts.

In simple words, it can be said that Juvenile Delinquency is a type of abnormal or anti-social behavior by a juvenile who is below an age specified by statue. Each country has its own precise definition of the age range covered by the world juvenile. India & Bangladesh it is 16 years up

Juvenile courts:

A juvenile court (or young offender's court) is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority. In most modern legal systems, crimes committed by children and minors are treated differently to the same crimes committed by adults.

Severe offenses, such as murder and gang-related acts, in 44 states of the USA are treated the same as crimes committed by adults. It was reported in 2007 that "Beginning around 35 years ago, increases in violent juvenile crime permitted judges to transfer juveniles to adult-criminal courts. No national data exist on the number of juvenile offenders prosecuted as adults. The main difference between a juvenile court and an adult court in England is that the juvenile court has a much wider jurisdiction in terms of the offenses it can try. It can deal with a juvenile for any offense except homicide, although it is not bound to deal with a young person for a serious offense such as robbery or rape; on such a charge he can be committed to the Crown Court for trial in the same manner as an adult."

In Bangladesh the government may, by notification in the official gazette, establish one or more juvenile courts for any local area and absence of juvenile courts the following Courts shall be empowered to work as Juvenile Court:

1. The High Court division,

2. Sessions Court,

3. Additional Sessions Court,

4. Sub-Divisional Magistrate,

5. First Class Magistrate

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Juvenile Courts have the following powers:

1. It shall have power to try any case in which a child is charged with the commission of an offence.

2. It shall deal with or dispose of any other proceeding under this act.

These courts can try all cases originally or on appeal or in revision.A juvenile court can try all cases in which a child is charged with the commission of an offence, but shall not have power to try any case in which an adult is charged with any offence mentioned in part VI of this Act. No child shall be charged with, or tied for, any offence together with an adult.

Trial Procedure for juvenile Delinquents:

Children Act forbids joint trial of a juvenile and an adult. Where any criminal court found any juvenile charged for any offence with adult person, it shall try the juvenile separately. Though under section 239 0f Criminal Procedure Code joint charges of the persons accused in the same transaction is allowed, section 6 of Children Act shall be an exception in this regard. If any court fails to comply with this section and tries any juvenile along with adult persons, it shall be the violation of Children Act and also beyond his jurisdiction. In shiplu and another v. state, High Court Division declared the judgment of lower court in this ground. In a case where at the time of commission of the offence a person was child but at the time of trial he exceeds 16 years of age, trial along with adult shall be valid. Though Children Act is silent in this matter, the issue is settled by the High Court Division in Bimal Das v. State where Court observed:

“……..the age referred to in the section relates to the age when he is charged with or tied for and not to the age when the offence has been committed.”

In the trial of a case in which a child is charged with an offence, court shall sit in a building, or a room different from that in which the ordinary sittings of the court are held, or on different days, or at different times from those at which the ordinary sitting of the court are held.

Criminal Procedure Code declares criminal court as open court.But this rule is being relaxed for the Juvenile Court. The trial of juveniles shall be held in camera. Only people directly involved in the case and the officers of the court can be present during the trial. The Court may also ask people not involved in the case to withdraw.

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Juvenile Courts and Trial Procedures:

a) CRC and UN Guidelines:

The CRC (The Convention on the Rights of the Child ) states that children alleged or accused of a law violation have the right to have the matter determined without delay by a competent, independent and impartial authority in a fair hearing. Throughout the proceedings, children have the right to have a parent present, and to have appropriate legal or other assistance and must be given the opportunity to express their views and to be heard in any judicial or administrative proceedings affecting them.

The Beijing Rules state that proceedings must be conducive to the best interests of the juvenile and shall be conducted in an atmosphere of understanding, which shall allow the juvenile to participate fully and to express herself or himself freely.

In addition, both the CRC and the Beijing Rules require that juveniles’ right to privacy be respected at all stages of the criminal proceedings in order to avoid harm being caused to them through publicity or by the process of labeling. No information that may lead to the identification of a juvenile shall be published.

b) Relevant Provisions in Bangladesh:

Establishment- A specialized Juvenile Courts or to designate a Court of Sessions or Judicial Magistrate to exercise the power of the Juvenile Court. and Juvenile Justice Board comprised of a magistrate and two social workers shall be established.

Sittings-When hearing juvenile cases, the Court should sit in a different building or room from the ordinary court sittings, or on a different day or time of day.The Juvenile Court must not take up any other cases on the same day as a juvenile case.

Procedure- Proceedings must be conducted in as simple a manner as possible and in a “home-like atmosphere. When being brought before the Court, children should not be under the close guard of a police officer, but should be permitted to sit in the company of a relative or probation officer. Confidentiality- The proceedings must be closed to the public and the media is prohibited from publishing any information that may identify the child unless the Juvenile Court specifically authorizes it.No child can be tried with adult offender.

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Punishment of Juvenile Delinquent:

According to the children Act, no child shall be sentenced to death, transportation, or imprisonment unless the court is of the opinion that the crime committed is of so serious nature or the child is so unruly or depraved that he can not be committed to a certified institute, the child can be sentenced to imprisonment. A youthful offender sentenced to imprisonment shall not be allowed to associate with the adult prisoners.

The following factors have to be taken into consideration by the court while passing any order under the children Act.

=> the character and age of the child;

=> the circumstances in which the child is living;

=> the reports made by the probation officer; and

=> Such other matters required to be taken into consideration in the interests of the child.

When a child is found to have committed any offence terms ‘conviction’ or sentenced can not be used. The fact that a child has been found guilty shall not operate as a disqualification for any office, employment or election under any law. Court may discharge any young offender after due admonition, release on probation of good conduct or commit a child to the care of a fit person executing a bond with or without sureties.

The juvenile Court may appoint Probation Officers from among suitable persons in the district, if there is no Probation Officer in its area and may appoint a Probation Officer for a particular Juvenile. The duties of probation officer shall be supervised by the Juvenile Court and where no court exists, the court of sessions.

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Conclusion:

It is evident that there is a definite need for the progressive orientation of policies on juvenile justice towards decriminalization, depenalisation, diversion and de-institutionalization of children in conflict with the law. The juvenile justice system in its present state in Bangladesh has moved beyond the objective of public order and safety and become more engrossed with adult perceptions and judgment of juvenile behavior. In a society where children are denied an equitable share of socio-economic opportunities, role of the state cannot be overstressed. The state plays a crucial role in the promotion and protection of children's rights even when they come in conflict with law. This responsibility of the state, recognized by the Constitution, has been formally endorsed by Bangladesh with the ratification of the Convention on the Rights of the Child (CRC). Although services by the state for children in Bangladesh cannot compare with those of developed countries.

It is high time for the Government of Bangladesh to put attention on juvenile issue and to take appropriate measures to tackle them. In this regard the govt. has to modify existing provisions dealing with juveniles and sets up a specialized police unit and magistrate having knowledge or training in child psychology or child welfare. Moreover it has to establish more correctional institutes and should give emphasis on rehabilitation of juvenile rather than punishing them. More probation officers should be appointed in every district.

In doing so, the government can take help from the NGOs either local (Aparajoyo, BLAST etc.) international (UNICEF) or from other donor groups.

At last we get the sunshine when the new Children Act, 2010 has been drafted which meets many international standard mechanisms concerned with juvenile justice system. Finally, I highly urge the Government to enact this Act as soon as possible and to enlighten the cloudy sky of Juvenile Justice Administration. Only then, children might be able to take the baton of prosperity from the present generation.

~The End~

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