Department of Law, Comilla University

Title of the Research Project:

A CASE STUDY ON INCREASING RATE OF JUVENILE DELINQUENCY IN

BANGLADESH (CUMILLA): CAUSES, EFFECTS AND PREVENTION.

For the Complement of

LL.M Second Semester Final Examination, 2021

Course Code: LAW 522

Submitted By

AL MAMUN

Id: 22119008

Session: 2020-21

Submitted To

MD. ABU BAKAR SIDDIK (MASUM)

ASSISTANT PROFESSOR,

DEPARTMENT OF LAW, COMILLA UNIVERSITY

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 DECLARATION

I, the student bearing ID: 22119008 am a regular student of Masters of Laws Program under the
Department of Law, Comilla University, hereby declare that this Research Project on ''A case
study on increasing rate of juvenile delinquency in Bangladesh (Cumilla): Causes, Effects and
Prevention" is the outcome of the investigation and supervision done by me and also prepared
by myself under the supervision of Mr. Md. Abu Bakar Siddik,Assistant Professor, Department
of Law, Comilla University.

ID: 22119008

Session: 2020-21

Department of Law, Comilla University

Cumilla 3506, Bangladesh

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 ACKNOWLEDGEMENT

In the name of Allah, the Most Gracious and Merciful, is the recipient of all paradise! I am
deeply grateful to Md. ABU BAKAR SIDDIK, Assistant Professor in the Department of Law,
for his invaluable guidance and assistance during the course of the research monograph
(defense).

My willingness to learn new things and be exposed to reality in the classroom allowed me this
extraordinary experience.

Along with my gratitude to everyone who has been so friendly and encouraging, I would also
like to thank them for helping me finish my research.

I appreciate your support and help everyone.

ID: 22119008

Session: 2020-21

Department of Law, Comilla University

Cumilla 3506, Bangladesh

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 ABSTRACT

One of the most concerning and sensitive offenses for a nation's social order is juvenile
delinquency. Like many other nations throughout the world, Bangladesh (especially in Cumilla)
is experiencing a rapid increase in the trend of adolescent crimes. Due to socioeconomic factors
like lack of proper guidance from family, poverty, unmet basic needs, and residential area
conditions, both male and female teenagers are becoming involved in a range of anti-social
activities like ragging, carrying illegal weapons and drugs, killing, sex offences, joining gangs,
smuggling, criminalised politics, and many other delinquent behaviours. The entire nation is
extremely concerned about these challenges, so an expedient solution must be found to protect
the nation's kids. However, this research attempts to identify the root causes of juvenile offenses
and challenges the eradication of them from the perspective of Bangladesh (especially in
Cumilla). In order to do this, this article aims to analyze the shortcomings of the current juvenile
justice system in the United States. The study's final recommendation is to broaden the reactive
treatment strategy while paying particular attention to safeguarding young people's interests and
ensuring a youth-friendly environment throughout each step of the relevant institutions.

Keywords: Juvenile Justice, Juvenile Delinquency, Separate Trial System, Reformative

Approach.

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Table of Contents
Declaration……………………………………………………………………………….……………………………………………………………2

Acknowledgement…………………………………………………………………….………………………………………………………….3

Abstract…………………………………………………………………………………………….………………………………………………….4

Chapter 1 Introduction……………………………………………………………………….…………………………………………………..6

1.1 State of the Problem ........................................................................................................................... 9

1.2 Research Questions ............................................................................................................................ 9
1.3 Objective of the Study......................................................................................................................... 9
1.4 Justification of the Study................................................................................................................... 10
1.5 Literature Review .............................................................................................................................. 10
1.6 Scope and Limitation of the Study ................................................................................................. 12
1.7 Methodology..................................................................................................................................... 12
Chapter 2..................................................................................................................................................... 13
2. Meaning of Juvenile Delinquency ........................................................................................................... 13
Chapter 3..................................................................................................................................................... 14
Types of Juvenile Delinquency .................................................................................................................... 14
3. Types of Juvenile Delinquency ................................................................................................................ 14
Chapter 4 .................................................................................................................................................... 15
4. Historical Background of Juvenile Justice System in Bangladesh ........................................................... 15
Chapter 5..................................................................................................................................................... 17
Causes behind Juvenile Delinquency .......................................................................................................... 17
5. Causes behind Juvenile Delinquency ...................................................................................................... 17
5.1 Social Factors .................................................................................................................................... 17
5.2 Economic Factors .............................................................................................................................. 18
5.3 Biological and Environmental Factors............................................................................................... 18
5.4 Psychological Factors ........................................................................................................................ 18
5.5 Cultural Factors ................................................................................................................................. 19

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Chapter 6..................................................................................................................................................... 20
Incidents and Cases of Juvenile Delinquency in Cumilla............................................................................. 20
6. Incidents and Cases of Juvenile Delinquency in Cumilla ......................................................................... 20
International Instruments towards Juvenile Delinquency .......................................................................... 23
Chapter 7 .................................................................................................................................................... 23
7.1 The UN Convention on the Rights of the Child (UNCRC) 1989 ......................................................... 23
7.2 Beijing Rules 1985 ............................................................................................................................. 24
7.3 Riyadh Guidelines 1990..................................................................................................................... 24
7.4 Havana Rules 1990 ............................................................................................................................ 24
Chapter 8..................................................................................................................................................... 25
8. National Legal Laws to Repress Juvenile Delinquency ............................................................................ 25
8.1 The Constitutional of Bangladesh ..................................................................................................... 25
8.2 The Children Act, 2013 ...................................................................................................................... 25
8.3 Trial Procedures under the Code of Criminal Procedure, 1898 ........................................................ 27
8.4 Juvenile Delinquency in Penal Code, 1860 ....................................................................................... 27
8.5 Provisions of Vagrancy Act, 1943 ...................................................................................................... 27
8.6 Correctional Measures under the Probation of Offenders Act, 1964............................................... 27
Chapter 9..................................................................................................................................................... 28
9. Limitation of Existing Juvenile Justice Administration in Bangladesh .................................................... 28
9.1 Judges number .................................................................................................................................. 28
9.2 Insufficient Sitting ............................................................................................................................. 28
9.3 Geographical Limitation .................................................................................................................... 28
9.4 There are not enough probation officers ......................................................................................... 28
Chapter 10................................................................................................................................................... 29
10. Deficiency in Present Juvenile Justice System to deal with Juvenile Delinquency ............................... 29
Chapter 11................................................................................................................................................... 30
11. PREVENTIVE MEASURES ....................................................................................................................... 30
11.1 Educational factor and institutes .................................................................................................... 30
11.2 Community programmes ................................................................................................................ 30
11.3 Role of counselling .......................................................................................................................... 30
Chapter 12................................................................................................................................................... 31
12. Recommendation.................................................................................................................................. 31

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Chapter 13................................................................................................................................................... 33
13. Conclusion ............................................................................................................................................. 33
Chapter 14................................................................................................................................................... 34
14. REFERENCES .......................................................................................................................................... 34
14.1 Legislations and Conventions.......................................................................................................... 34
14.2 Books ............................................................................................................................................... 35
14.3 Journals ........................................................................................................................................... 35
14.4 Others ............................................................................................................................................. 36

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 Chapter 1

Introduction

1. Introduction

Children are often considered the most valuable resource of a country and its future leaders.
Families are the fundamental unit of human society, and the lessons that parents instill in their
children have a lasting impact on them. The development of a child's physical and mental
maturity depends largely on the attentive care and practical education provided by both parents.
The socioeconomic and political environment of a society has an impact on its members' nature
and behavior, particularly on young people. These young people gradually mature, form their
own opinions, want for independence from their parents, and gain the capacity to make
judgments regarding social, political, cultural, and sexual matters. Thought to be typical, there is
a problem with these changes. Although it is believed that these changes are normal, a problem
arises when young people exhibit criminal tendencies and violate national laws and societal
standards.1

However, social systems and customs differ from one nation to the next, therefore anti-social
actions that are considered acceptable in one nation may not be in another. As criminal activity
peaks in adolescence and declines with age, there is a close relationship between crime and age.

Juveniles' minds are frequently shattered by an addiction to crime. When children react to
societal abnormalities in ways that are against social norms and ideals, it is one of society's most
frequent tragedies.

Juvenile, according to general perception, is a youngster who has not yet reached the age of
majority, is unable to think clearly, and fails to understand the repercussions of his or her actions.
Juvenile, as used in the UNCRC, refers to a person younger than the age of eighteen. According
to legal theory, a child becomes delinquent when he violates the nation's criminal laws. Juvenile
delinquency is defined as the commission of an act that, if performed by an adult, would be
regarded as a crime by the Second United Nations Congress on the Prevention of Crime and
Treatment of Offenders (1960).

One of the world's most densely populated nations is Bangladesh, where people frequently move
from rural to urban areas as a result of industrialization, urbanization, and an abundance of
employment possibilities. Due to this, the population of metropolitan areas is rapidly growing,
and as a result, these individuals frequently forget the social mores, ethics, and conventions of
the past. Like many others nowadays, minors are not only committing common crimes like lying,

1
Ahmed M, A Crucial Observation on Juvenile Delinquency: Bangladesh Perspective‘ (2011) 5 ASA
University Review 297-310.

8
stealing stationery, and running away from school but also engaging in a range of dubious
activities that gravely breach the nation's laws and order.

Juveniles are frequently accused of committing a variety of offenses, including kidnapping,

gambling, drunkenness, stealing, vagrancy, drug dealing, homicide, teasing, smuggling, and
sexual harassment. Juvenile delinquencies follow distinct patterns since they might be committed
by an individual delinquent, a companion delinquent, or a situational delinquent. While juvenile
delinquency has become a major concern for Bangladesh in other parts of the world, many
criminologists and sociologists feel that the rate of juvenile delinquency is rising as a result of
expanding urbanization and industrialization.2

1.1 State of the Problem

Bangladesh is progressively becoming into one of South Asia's emerging nations due to its
growing industrialization, but it still has a number of issues, juvenile delinquency being one of
them. This study's primary focus has been juvenile delinquency in Cumilla its causes and
preventive measures. It has also drawn attention to the current difficulty with this subject and
offers some potential solutions to resolve it. Whatever we call them, juveniles and children are
not by nature criminals or delinquents. Juvenile delinquent behavior is greatly influenced by
society and its atmosphere, but not just society is to blame for these behaviors; other factors also
play a role. The challenge is figuring out how to stop this adolescent crime. In Bangladesh, there
are numerous traditional courts that handle and criminal, but does it go far enough to address
juvenile delinquency? Actually, we require a separate court for children because we do not want
to lose our child in the ordinary legal system's Pandora's Box. There is currently a unique statute
and court in Bangladesh, although it is yet unclear how useful it will be to a minor. Therefore,
the goal of this study was to identify the current issue with the administration of juvenile justice
as well as potential solutions.

1.2 Research Questions

1. What are some of the factors that influence juvenile crime?

2. How can the community contribute to the reduction of juvenile crime and delinquency?

1.3 Objective of the Study

From ancient times to the information and technology era, young people have always been
engrossed in fantasy and refuse to accept reality. In addition, they experience a variety of issues

2
Ferdousi N, Juvenile Justice for the Best Interest of the Children in Bangladesh: A Legal Analysis‘
(2013) 18 Journal of Law, Policy and Globalization 22-32.

9
that might result in criminal behavior or delinquency. They become more delinquent as a result
of today's modern society, thus we must act quickly to address this massive delinquency issue.
The main goal of my research is to determine how the ideal juvenile justice system may
significantly contribute to the solution of the delinquency problem. In this regard, I might list my
study's aims and objectives as follows:

a. to give a basic overview of juvenile delinquency.

b. to provide background information on juvenile delinquency.

c. to gain knowledge about Bangladesh's existing juvenile justice administration system and
juvenile delinquent condition.

d. to identify the overt and covert issues that underlie the juvenile justice administration system.

e. to pinpoint the factors that influence a young person's criminal or delinquent behavior.

f. to take measures for solving this type of problem.

1.4 Justification of the Study

Children have been called our greatest resource, our future, and our hope for a better world.
Many people in our culture try to instill fear in children's minds. They stand for violence, a
section of society devoid of morality and ethics and of self-control. Their families fall short in
instilling conventional values in them. They barely show people any respect. In the modern
society, juvenile delinquency is a complicated issue. Because juvenile delinquency is the cause
of adult criminality, it is a severe issue in society. Juvenile delinquency is a significant problem
in Bangladesh particularly in Cumilla, as it is in many other nations around the globe. The
juvenile justice system has been evolving all across the world. The features and substance of the
alterations are revolutionary. . The study's significance and reason are to safeguard the kids from
recidivism, assure their rehabilitation, and facilitate a smooth transition back into society.
Additionally, in order to raise the youth as deserving citizens of the nation, a thorough juvenile
justice development program is essential. However, they will be the country's future leaders.
Comprehensive child development programs are urgently required in order to guide the country
towards prosperity. Actually, this research might influence how we view young people who
unintentionally commit crimes. Additionally, it is believed that this study would accurately
identify the precise role that has to be played in order to address the long-term issue of juvenile
delinquency, juvenile justice administration and its preventive measures. It will assist the
government and decision-makers in understanding the issue and taking the required actions to
eliminate the shortcomings of current laws.

1.5 Literature Review

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The administration of justice and juvenile delinquency are currently the most hotly debated
topics in the legal community. There has been a lot of effort and research done on it because it is
a very sensitive subject, but from the standpoint of Bangladesh particularly in Cumilla, not many
studies have been done. I've benefited from a variety of books, journals, and research papers
while studying. I have learned about delinquency and Bangladesh's juvenile justice
administration system from the Children Act of 2013, the Penal Code of 1860, the Code of
Criminal Procedure of 1898, the Jail Code, the Prisoners Act of 1900, the Code of Civil
Procedure of 1908, and the Vagrancy Act of 1944.

Theoretical and Applied Criminology by Sheikh Hafizur Rahman Karzon, Oporadhbiddha by

Gazi Shamsur Rahman, Criminology and Penology by Professor N.V. Paranjape, and Theory and
Practice of Criminology: Bangladesh Perspective by Rizvi Ahmed are just a few of the
Bangladeshi books that have given me a comprehensive understanding of delinquency as well as
its global component.

Last but not least, the Higher Court's ruling on delinquency and its judicial system has a
significant impact on my job.

Chingtham, T. (2015) In her research article titled "Causes of Juvenile Delinquency in the
Higher Secondary School Students. This study's primary goal was to investigate the factors that
contribute to adolescent delinquency. 120 students from Cumilla's higher secondary school were
randomly chosen by the researcher. The researcher discovered that 65.83 percent of respondents
believe that family and personal issues are the primary incidental causes of adolescent
delinquency, while 75.83 percent of respondents believe that social factors are the primary
causes.

P.D. Haveripeth (2013) wrote a research paper named "Contributing Factors of Juvenile
Delinquency" The primary goal of this study was to examine the causes of adolescent
delinquency. According to the study, there are several factors that contribute to delinquency,
including broken households, a lack of parental love and affection, poverty, exposure to TV and
media, peer pressure, urbanization, low socioeconomic position, poor academic achievement, big
family sizes, and drug and alcohol usage.

Chowdhury, I.A. (2012) in their research paper titled "Causes and Consequences of Juvenile
Delinquency in Bangladesh: A Sociological Analysis." The major goal of this study was to
determine the origins, repercussions, and variety of juvenile delinquents' criminal behavior. All
of the reports from Bangladesh's Juvenile Development Institute were chosen by the researcher.
This study employed a strategy known as purposeful sampling. The majority of responders,
according to the study, are uneducated, have large families, and have low family incomes. The
majority of respondents reported being unable to meet their basic necessities and residing in
dangerous neighborhoods. Researchers also discovered that other significant factors contributing

11
to juvenile delinquency were strict parental supervision, parental conflicts on social media, and a
lack of recreational activities.

1.6 Scope and Limitation of the Study

One may learn from this study the primary factors contributing to juvenile delinquency and how
to address them in order to eradicate them from society. This study makes it simple to recognize
the issues affecting the juvenile justice administration system and offers potential solutions.
Since this study was conducted in cumilla, I was unable to speak with the offenders in every
region of Bangladesh or have the opportunity to visit every juvenile court there. There are still
some shortcomings, and it's human to make mistakes, but I did my best to offer an accurate
picture of juvenile delinquency and the juvenile justice system.

1.7 Methodology

Data from primary and secondary sources were combined to provide the material for this
investigation. A variety of recent national and international regulations, together with case
studies, have provided primary data. Conversely, secondary data regarding juvenile delinquency
in Bangladesh has been obtained from many sources such as books, journals, papers, and the
internet. In this context, this essay has used both a qualitative and a descriptive approach to
investigation.

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 Chapter 2

Meaning of Juvenile Delinquency

2. Meaning of Juvenile Delinquency

Delinquency is a noun that developed from the Latin verb delinquar, which means to omit. The
failure of an individual to carry out the designated work or duty was described by the Romans
using this phrase. A person found guilty of a common offense was referred to as a delinquent by
William Coxson in 1484. In his well-known play Macbeth from 1605, Shakespeare employed
this phrase. Delinquency, broadly speaking, includes any type of inappropriate behavior or
deviation from the social norm. It can be challenging to define juvenile delinquency precisely in
general. Because the criminal procedures differ according to the conditions of juvenile
delinquency, the legal definition of juvenile delinquency does not always help to comprehend the
precise nature of delinquency and the position of a juvenile offender. The fact that the legal
definition varies from nation to nation and frequently is another issue. According to sociologist
Robert, a child can only be labeled as delinquent when legal action is required to address his
propensity for anti-social behavior. Juvenile delinquency, as defined by criminologist Ferdinand,
is when youngsters fail to behave in a way that is required by society. Juvenile delinquency,
according to Dr. Sethna, is wrongdoing by a kid or young person who is under the legal drinking
age in the relevant jurisdiction. Juvenile delinquency can also refer to non-criminal behaviors
that are acceptable when carried out by an adult, such as smoking or being outside after dark, but
are considered delinquent behaviors when carried out by a minor. When juvenile delinquency
was discussed in 1960 at the UN Second Congress on Crime and Criminal Justice, it was decided
that all acts committed by adolescents that broke the law, were inconsistent, and were not
recognized by society qualified as delinquent. Any criminal act committed by a minor is
therefore considered juvenile delinquency, and a minor who is found guilty of committing such
an offence is referred to as a juvenile delinquent.

13
 Chapter 3

Types of Juvenile Delinquency

3. Types of Juvenile Delinquency

Juvenile crimes range from minor infractions to grave legal transgressions. Vandalism, the
purchase and possession of tobacco products and alcoholic beverages by minors, harassment, and
disorderly conducts are examples of very minor offenses. Theft and burglary, bullying-related
assaults, family disputes, marijuana possession, speeding, driving without a license, fraud,
possession of stolen property or an illegal weapon, and violent and most serious crimes like
homicide and sexual assault are examples of juvenile crimes of a serious nature which are
happened usually in Cumilla.

Due to cultural diversity and the nation's socioeconomic circumstances, it is challenging to

enumerate the many sorts of delinquent conduct. Below is a list of some frequent behaviors that
Bangladesh and India might classify as delinquent conduct.

1. The primary motive behind the majority of juvenile criminal behaviors is to satisfy their
thieving urges.

2. Forgery, which frequently involves impersonating someone to sign checks and withdrawing
money from banks, is another infraction.

3. Adolescents' aggressive inclinations are the cause of a large number of juvenile offenses. The
aggression relieves the perpetrator in some way. A few examples of aggressive behaviors are
animal cruelty, vandalism to public property, aggressive driving, bullying, and ridicule. Suicide
attempts or actual suicide may be displayed as an extreme type of hostility.

4. Many young criminals opt to flee rather than face the consequences.

5. Sex delinquency is at its peak in adolescence period and has been a major issue of concern
since mid-20th century.

Based on a number of research studies carried out between 1947 and 1999 and 1998 data of
NCRB Rohit Bura has given a very eloquent summary of the characteristics of juvenile
delinquency in India, which apply to Bangladesh too. 3

3
Chapter – 10: Juvenile in conflict with law, NATIONAL CRIMES RECORD BUREAU, (2014),
http://ncrb. gov.in/StatPublications/CII/CII2014/chapters/Chapter%2010.pdf

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 Chapter 4

Historical Background of Juvenile Justice System in Bangladesh

4. Historical Background of Juvenile Justice System in Bangladesh

Throughout history, there has always been a potential for adolescent delinquency. Early Europe
regarded adults and children equally in cases of conviction. A child of 7 years of age or older
would be subject to the same penalty as an adult under the common law concept, the legal
system that British colonists introduced to America. In Norway, an adult who steals could lose
both hands, while a youngster could lose one hand. In 1899, the United States of America
developed the first concept of juvenile justice and a separate court system. The Geneva
Declaration, which had the League of Nations' blessing, brought the protection of children to the
attention of the world for the first time in 1923. The interest of children as a human rights agenda
finally found a place in various international mechanisms following the United Nations'
successful founding in 1945. Juvenile rules that were adopted from the British rule in the Indian
subcontinent have long been in place in Bangladesh. There was no organised campaign to ensure
the welfare of children during the British era. The first Apprentice Act in India was passed in
1850, emphasising the importance of protecting children's interests. Nonetheless, the Report of
Indian Jail Committee 1919-2020 marked a significant turning point in British India's lengthy
history of the juvenile justice system.

Eventually, once the United Nations was successfully founded in 1945, the interest of children as
a human rights-based agenda gained recognition in a number of international agreements. As a
result of the British rule over the Indian subcontinent, Bangladesh has a long history of enacting
legislation for minors. No organized movement for ensuring the welfare of children existed
throughout the British era. The Apprentice Act, which placed a focus on protecting children's
interests, was passed for the first time in India in 1850. The Report of Indian Jail Committee
1919-2020, though, was a significant advancement in British India's lengthy history of juvenile
justice.4

The group proposed a structured probation system overseen by a probation officer, along with
the formation of a children court, a separate trial system, and appropriate treatment resources for
young offenders. It was for this reason that the Madras Children Act of 1920, the Bengal
Children Act of 1972, and the Bombay Children Act of 1924 were passed. A probation service

4
Chowdhury I, Khan M and Uddin I, Causes and Consequences of Juvenile Delinquency in Bangladesh:
A Sociological Analysis‘ (2012) 1(4) International Journal of Social Science Tomorrow 1-11.

15
for juvenile offenders was established in 1960 under the Probation of Offenders Ordinance,
which was passed during the Pakistani administration. A distinct juvenile justice law does not
exist in Bangladesh. Bangladesh gained independence, and all previous legal frameworks were
superseded by the Children Act of 1974 and the Children Rules of 1976.

The group advised a precise probation system overseen by a probation officer, a separate trial
system, the creation of a children's court, and appropriate treatment mechanisms for juvenile
offenders. In response, the Bengal Children Act of 1972, the Bombay Children Act of 1924, and
the Madras Children Act of 1920 were all passed. The Probation of Offenders Ordinance, which
established requirements for probation service for juvenile offenders, was passed in 1960 while
Pakistan was still a sovereign nation. Bangladesh does not have a distinct juvenile justice law.
The Children Act of 1974 and the Children Rules of 1976, which repealed all previous legal
frameworks, were passed after Bangladesh gained its independence. The separate treatment of
juvenile offenders from adult criminals during judicial proceedings was not guaranteed by these
laws, which were passed before the advent of several international agreements. The Children Act
of 2013 repeals the Children Act of 1974 and reflects the ideas of the CRC 1989, which was
recently passed by the government of Bangladesh. The fundamental law governing children who
require protection and care as well as those who are in violation of national law and order is the
recently passed Children Act of 2013. There are currently three specialized juvenile courts and
three specialized correctional facilities established in the nation for the correction and
rehabilitation of juvenile offenders. These facilities are known as Child Development Centers,
and two of them are in Tongi and Jashore for young males, while the other is in Konabari,
Gazipur, for young women.

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 Chapter 5

Causes behind Juvenile Delinquency

5. Causes behind Juvenile Delinquency

Multidisciplinary observations indicate that there are various elements that contribute to
adolescent delinquency. Some of the main causes of juvenile delinquency include unmet basic
requirements, criminal activity in residential neighbourhoods, parental lack of control, family
conflict, negative effects of the internet, child labour, inappropriate entertainment, etc. Whereas
economists, biologists, and psychiatrists concentrate on physiological, psychological, and/or
economic aspects, sociologists concentrate on social elements. All of these elements collectively
lead to juvenile delinquency in Cumilla.

5.1 Social Factors

Juvenile delinquency is a societal problem, and often, juveniles exhibit a lot of delinquent
behavior based on the options available in their community. The most important factor in this
regard for children's healthy physical and mental development is parents' adequate care of them.
The first and most important place where personality development begins to take shape is in the
family. The parents of such a dysfunctional household do not show their children the required
affection. Juvenile delinquency is notably owed to the absence of a parent owing to divorce,
death, or parental disagreement. A good marriage has a significant impact on how parents live
and think, but an unhappy marriage has a negative impact on how stable children's minds are and
can lead them down the wrong pathways. Uncertainty within the family, miscommunication,
sibling disputes, etc. Parents do not properly love their children in such a broken-down home.
Due to divorce, death, or parental misunderstanding, the absence of a parent has a significant
impact on juvenile criminality. A child's ability to retain their mental stability is badly impacted
by a couple's relationship discontent and is guided down the wrong paths as a result. However,
contented couples have a significant impact on how their children behave and think.
Miscommunications, insecurity, and family problems are all common occurrences. 5

While violent friendship turns young people into juvenile offenders, companionship has a
significant impact on adolescents. These young people start to join gangs in society and become
increasingly violent in their criminality. Juvenile delinquency may be significantly influenced by

5
Islam M, Juvenile Delinquency in Bangladesh: Identifying the Causes with Reference to Some case
Studies‘ (2015) Law Journal Bangladesh <www.law journalbd.com/2015/02/juvenile-delinqueny-in-
bangladesh-identifying-the- causes-with-reference-to-some-case-studies/> accessed 6 January 2019.

17
parental criminality since, according to certain research findings, children who have one or both
parents involved in criminal activity frequently grow up to be criminals.

5.2 Economic Factors

Poverty is one of the major factors contributing to juvenile criminality. Bangladesh is still a
developing nation, and the majority of young people there struggle to receive the basic
necessities from their families, which influences them to make poor decisions and get involved
in criminal activity. Bangladeshi children from low-income families frequently drop out of
elementary school and don't acquire the necessary information to distinguish between morally
correct and immoral behavior. They thus chose unlawful employment to make money and meet
their fundamental needs. Juvenile criminality has been linked to child work as a key factor. The
vast majority of young offenders live hard-working lives.

Many delinquent engage in murderous plots, robberies, and bank heists in exchange for cash. It's
frequently said that underworld godfathers employ kids to carry out their illegal schemes. To
meet their fundamental requirements, these young people work as smugglers, hijackers,
pickpockets, and drug dealers. Rich family children receive a generous amount of money, which
encourages them to misuse it. They are readily drawn into gambling, pornographic websites,
political sabotage, the purchase of illegal narcotics and weapons, and other vices.

5.3 Biological and Environmental Factors

People's genetic make-up has an impact on them, according to scientific and physiological
explanations. Juveniles experience numerous crucial hormonal changes in their bodies that are to
blame for their ferocious and defiant behavior. Juvenile misbehavior can also be caused by
unfinished growth and certain illnesses. Many medical explanations contend that criminals differ
physiologically from the righteous in many ways. Juvenile growth and behavior are significantly
influenced by ecological and environmental factors. Although Bangladeshi slum living
conditions are not at all conducive to socializing, they play a significant part in shaping young
people's attitudes and mentalities. The current slum atmosphere never teaches young people a
good lesson and encourages them to progressively turn to crime. The number of female
delinquents is frighteningly increasing alongside male delinquents as a result of the bad quality
of the residential neighborhood. It is generally known that the rate of juvenile delinquency
automatically decreases if the residential area is particularly successful at fostering socialization
among the adolescents.

5.4 Psychological Factors

18
It is frequently observed that teens mostly follow their emotions rather than reason. Such
emotional actions can lead to juvenile offenses just as easily. Juveniles often act without first
considering the likely circumstances and expected outcomes of their actions. When their basic
needs are not met, according to some sociologists, children use unorthodox ways to achieve their
goals. the majority of social institutions and educational institutions. As a result, they are unable
to develop cognitively, which causes them to commit a variety of crimes. In many households
when both parents work outside the home, they frequently miss opportunities to spend quality
time with their developing children. These kids spend a lot of time alone at home, which makes
them want to find happiness somewhere else. Children who spend a lot of time away from home
and hang out with undesirable people run a higher chance of acting out because they don't
always have their parents nearby to listen to their complaints. In addition, the world we live in
today is one where technology can be both a benefit and a curse for humanity. Nowadays, very
few films are made that teach valuable social lessons; instead, the majority are packed with
violence, action, sensual scenes, and other anti-social behaviors that have a profound
psychological impact on young people in Cumilla.

5.5 Cultural Factors

A nation's economy can be made stronger by the success of industrialization. However, ongoing
urbanization and industrialization are systematically dismantling nuclear families and weakening
the influence of parents on their offspring. Urban areas are becoming overcrowded as a result of
the constant migration of families seeking services and education. River erosion has developed
into a serious issue in several parts of Bangladesh particularly in Cumilla. In quest of housing
and employment, residents in those locations are leaving their native places and moving to urban
areas. Living expenses and the number of slum inhabitants are both steadily rising. These
people's miseries have been made worse by poverty, illiteracy, and unemployment. These
families' children eventually turn to prostitution, drug peddling, smoking, snatching, murder, and
many other illegal activities. To keep their influence in the society, some politicians even hire
these young people.

19
 Chapter 6

Incidents and Cases of Juvenile Delinquency in Cumilla

6. Incidents and Cases of Juvenile Delinquency in Cumilla

Every ward of Cumilla city is home to a number of young gangs. Gang activity and number are
both growing daily. Due to the actions of adolescent gangs, common residents feel afraid. There
has recently been unrest in the city following the martyrdom of Shahadat, an Eagle Gang
member, by the Ratan Gang near Nagar Udyan. In connection with this incident, 17 teenage
gang members were detained. Locals claim that the police are not doing enough to dismantle the
gangs. The urban population is becoming more anxious as a result.

Investigations found that 20 gangs rule the youth criminal underworld in the city. In addition,
there are more gangs than ever before. Any job, including constructing homes and businesses,
must be paid for by these gangs. In the name of supplying brick, sand, rod, and cement, there is
extensive extortion. Every alley in the city is filled with fear of juvenile gangs. Clearly, one
group is murdering another group. Innocent students are frequently held hostage, bullied, and
physically assaulted. As a result, parents are concerned about their children who are attending
college.

There is less congestion at the city's Dharmasagar Park, Nanuar Dighirpar, Ranir Dighirpar,
Talpukurpar, and Faujdari Choumuhani regions. The appearance of young gangs in public
places, say the locals, has become intolerable. The gang members are back in the neighbourhood
after being released on bail. The families of the victims are in fear. Since there are always gang
members at "big brother" shelters, it is difficult to see police action.

Aznain Adil, a student from the city's Mugltuli area, Mumtahin Hasan Miron, an autorickshaw
driver, Sajjatul Islam Anik, a student from the city's Dishaband area, Antu, a student from
Ajitguh College, and Shahzada Islam, a first-year BBA student from Britannia University, were
all killed by juvenile gangs.

The suspects in these murder trials are currently on bail and are once again causing trouble. The
murder suspect's release on bond has increased people's fear. In Dharmasagar, Central Eidgah,
Faujdari Chattar, Bhasha Chattar, and Talpukurpad, according to a number of city residents who
requested anonymity, there has been an upsurge in miscreants and juvenile gangs. These sites
are generally in scary circumstances.

Officer-in-Charge (OC) Abul Kayes Akand of the Cumilla District Intelligence Branch stated,
"We are also concerned because of the increase in the activities of juvenile gangs." We won't

20
ever tolerate allowing these gangs to thrive. We are carrying out the new Superintendent of
Police's directions. Hopefully, these gangs' violence will lessen shortly. In relation to the
murder of Shahadat, 17 members of the Ratan gang were detained by the police, DB, and RAB,
according to Sahidur Rahman, OC of Kotwali Model Police Station. Raids will be carried out in
stages when gangs throughout the city have been identified.

Kishore gangs are now very prevalent in the Cumilla district's residential areas. There is no way
to stop the crimes committed by these groups. The claimed young gang is armed with high-tech
tools like knives, chapatis, draggers, switch gears, knives, ntcutters, ramadas, and hockey sticks.
These gang member young people engage in drug peddling, drug use, mastani, extortion, and
even murder over insignificant issues, starting with local authority. The law and order forces
fluctuated following each incident, but within a few days, they were back to how they had been.
Youth gang-related incidents have recently caused concern in the city's neighborhoods. An
organized juvenile gang member openly murder a teenager called Shahadat Hossain on the road
near to Nagar Udyan last Friday.

Following this incident, RAB carried out searches at various locations, detained six gang
members who were still active, and found weapons. They are 'Ratan Group' members, according
to RAB.

Under the condition of anonymity, some law enforcement authorities claimed that the rise in
adolescent gang crime is frightening. putting on pants, a t-shirt, and sunglasses. The most recent
trend is to use hair gel. They loiter at sidewalks, street corners, neighborhoods, and alleys while
singing loudly. no matter their age, harasses young ladies. On the roadways, expensive
automobiles and motorcyclists are competing in races.
Depending on the region, they have many 'gangs' or organizations with various names. The
youngsters of these organizations, known by various abbreviations depending on the locale, such
as "RGS," "Ratan Group," and "Eagle Group," are wandering the entire city. They are also
killing people for unimportant reasons. Shahadat Hossain (17), the son of Shah Alam Bhuiya of
the ancient Chowdhurypara neighborhood of Cumilla city, was brutally murdered on the main
road near to Nagar Udyan on Friday afternoon. A murder case was reported at Kotwali Model
Police Station on Saturday night the day following this tragedy.

Following the event, a team from RAB-11 , Cumilla examined the nearby CCTV footage and
detained 6 suspects up to Saturday night. The slain Shahadat was a member of the "Eagle
Group," RAB-11, CPC-2 Cumilla captain Major Mohammad Saqib Hossain revealed to reporters
during a news conference on Sunday. A member of the "Ratan Group" was assaulted by "Eagle
Group" members six and a half months ago. Due to this event, gang members belonging to the
"Ratan Group" commanded by Ratan killed Shahadat by hacking him to death. In this episode,
Yasin Arafat alias Russell of the Kaliajuri region, Tanjeed of the Bhatpara area, Akash Hossain,
Siam Hossain of the Ratan Group of the city's Mofizabad Colony, and Asif Hossain were all
involved.

21
Naushad Kabir Majumder, also known as Nahid, a class 10 student at Cumilla Zilla School, was
brutally stabbed in the hands and feet earlier that day on May 28 by members of the youth gang
known as "RGS." An unimportant event was committed by a gang member named Zahid Khan
and his friends close to the Cumilla Central Eidgah. On September 16 of the same year, an
autorickshaw was stolen from a low-income family in Shahpur village, Daudkandi upazila,
district. A youngster in class eight named Ashraful Amin was gradually killed by being tied to a
tree and having his mouth and nose taped shut. Farooq Ahmed, the superintendent of police in
Comilla, stated that not only should the government be held accountable for the criminal activity
of children and teenagers, but also their parents, guardians, teachers, elected officials, and other
concerned members of society.

Bangladesh has seen a lot of terrible instances of juvenile delinquency over the years. One of
those was Oishee, who was just shy of 19 years old, killing both of his parents. While they were
both sleeping in their home, she viciously murdered both of her parents. Oishee had been dealing
with depression for a long time. She once excelled in school but afterwards developed drug
addictions and poor companies. Oishee admitted to killing her parents after doing so and said
that they didn't try to comprehend her emotions or meet her fundamental requirements. Her
family never provided her with appropriate amusement, and she frequently faced harsh
punishment.

In 2013, the incident happened. The coffee that Oishee served her parents included sleeping pills.
She killed her mother and father while they were both sound sleeping. She made about eleven
wounds on her mother's body in an act of dreadful anger toward her. When Oishee's younger
brother discovered their parents' deaths, she told her brother and housemate a falsehood. The
next morning, she departed from her home with jewelry. Oishee's companions are said to have
persuaded her to commit this crime. After receiving a death sentence, Oishee's punishment was
later mitigated by the High Court Division to life in prison.

Another noteworthy occurrence occurred in Chattogram in 2018 when Tasfia, a student in the
ninth grade at Sunshine Grammar School and College, was murdered. She was a 16-year-old girl
who went on a date with Adnan. She didn't go back home that day, and the following day her
body was discovered along Naval Road. Adnan and Tasfia originally connected via social media.
Their friendship eventually developed into love. Without telling her parents, she went out to
meet her boyfriend at a restaurant. Her boyfriend, according to her father, planned the murder in
advance. Her father noted that numerous youth gangs are involved in criminal activity in
Chattogram's urban districts.

22
 Chapter 7

International Instruments towards Juvenile Delinquency

7. International Instruments towards Juvenile Delinquency

Juvenile delinquency is not a new problem in the world, although it frequently manifests itself in
more forceful ways. Numerous international treaties, regulations, and recommendations were
created in light of the current circumstances to protect children who are involved in judicial
disputes. The UN Convention on the Rights of the Child, the UN Standard Minimum Rules for
the Administration of Juvenile Justice (Beijing Rules 32), the UN Guidelines for the Prevention
of Juvenile Delinquency (Riyadh Guidelines 33), the UN Rules for the Protection of Juveniles
Deprived of their Liberty (Havana Rules 34), the Guidelines for Action on Children in the
Criminal Justice System, and many other notable initiatives are taken by the UN to set the
standard of treatment for these delinquent children.

7.1 The UN Convention on the Rights of the Child (UNCRC) 1989

The United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive
international agreement that requires state parties to take all feasible precautions to protect
children from severe punishment and other forms of discrimination, as well as to follow
standards when children engage in criminal conduct. In order to advance children's rights, the
Convention also provides guidelines for courts, public and private social welfare organisations,
and any other required administrative bodies for the provision of suitable welfare measures.

The Convention on the Rights of the Child (CRC) mandates that state parties ensure that minors
under the age of eighteen be not arbitrarily deprived of their freedom or subjected to torture,
cruel and inhumane treatment, or detention. Such a child cannot be tried with adults and must
also be given enough space to be in touch with relatives. The aforementioned article states that a
child under the age of eighteen has the right to challenge the restriction of liberty in court. A
child on trial must have the right to have their parents represent them in court and be deemed
innocent unless proven guilty, as per the Convention on the Rights of the Child.

A child cannot be made to confess to a crime, and if the court language is not understood by the
youngster, an interpreter must be assigned. A child's right to privacy is guaranteed by the
Convention at every phase of the legal process. The state party shall create legislation, make
rules, and set up courts to implement a distinct trial system for children who are accused to be
delinquent in accordance with the directives of the Convention. Additionally, the state party is
required to establish a minimum age below which a child shall not be considered to be capable of

23
violating any penal laws. For the purpose of providing care, supervision, probation, a training
program for the workforce, counseling, foster care, and other relevant institutions, there shall be
adequate means available.

7.2 Beijing Rules 1985

The Beijing Rules of 1985 placed a strong emphasis on the provisions of a distinct and
specialized juvenile justice system and prohibited the use of the death sentence and physical
punishment for children. These regulations guarantee a system of care and education for kids
who are being held during legal proceedings. These regulations also give the court instructions
on how to use its discretion to act in the children's best interests. According to the Beijing Rules
of 1985, the state should take action to protect child offenders' privacy by keeping all relevant
data confidential and refraining from setting the minimum age of criminal responsibility at an
unreasonable young age. Establishing special police cells is encouraged by Rule 12 of the
Beijing Rules.

7.3 Riyadh Guidelines 1990

In order to make it easier to prevent young people from committing crimes, the UN guidelines
place increased emphasis on the thorough planning and efficiency of institutional crime
regulating organizations. Similar to this, the Riyadh Guidelines forbid using cruel or degrading
methods to punish young offenders.

7.4 Havana Rules 1990

According to the Havana Rules, all records pertaining to the prosecution of juvenile offenders
must be kept secret. It is completely prohibited to execute minors for crimes involving cruelty or
inhumanity. The Havana Rules mandate that the state government appoint and manage a
sufficient number of juvenile development centres for the housing, education, and reformation of
young offenders in addition to maintaining a minimal standard of care in these establishments.

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 Chapter 8

National Legal Laws to Repress Juvenile Delinquency

8. National Legal Laws to Repress Juvenile Delinquency

Although Bangladesh has numerous laws pertaining to children, the Children Act of 2013 is the
most complete one, covering issues such as juvenile delinquency, juvenile corrections, and a
separate legal system for juvenile offenders and adults. The Vagrancy Act of 1943, the Penal
Code of 1860, the Compulsory Primary Education Act of 2013, the National Children Policy of
2011, the Prevention of Violence against Women and Children Oppression Act of 2000, and
other laws are among those that address juvenile matters in Bangladesh.

8.1 The Constitutional of Bangladesh

The Constitution of the People's Republic of Bangladesh is the supreme law in Bangladesh that
governs all citizens' fundamental rights. The state is allowed to make special provisions in favor
of women and children under Article 28. Additionally, Article 15 outlines the state's fundamental
obligation to protect the right to social security. As a result, Articles 31, 32, and 35(3) have
protected the fundamental rights to life, equal protection under the law, and a prompt and fair
trial that are applicable to both adults and children.

8.2 The Children Act, 2013

The Children Act, 2013, which is a substantive legislation and the main law addressing the
protection of children and children in conflict with the law, was passed by the government of
Bangladesh. The preceding Children Act of 1974 was repealed by this law. Shishu Ain, 2013,
which has 100 sections, is another name for the Children Act of 2013. The Act's preamble makes
clear that its goal in being passed was to put the United Nations Convention on the Rights of the
Child into effect. A person who is 18 years of age or younger is considered a child, according to
the Children Act of 2013. The shall appoint one or more Probation Officers in the district,
upazila, and metropolitan areas.

Every district headquarter and metropolitan region must have a court designated as a "Children's
Court" for the purposes of the 2013 Children Act. The Children Act, 2013, gives the Bangladeshi
government the authority to set up juvenile courts, and in the event that one is not present, the
High Court Division, Sessions Court, or Additional Sessions Court will have the authority to

25
serve in that capacity. When a kid is accused of committing any crime, the juvenile court has the
authority to hear the case and decide it in accordance with the Act's procedures.

The juvenile court should be located in a separate location from the adult courts. The court will
take the juvenile offender's age, personality, sociocultural background, and living conditions into
account throughout the trial stage. According to the Children Act of 2013, the Ministry of Home
Affairs must take the necessary steps to set up a Child Affairs Desk, which will be overseen by a
Child Affairs Police Officer (CAPO) who will not have a lower rank than Sub-Inspector (SI), at
every police station. According to this Act, whenever a police officer makes an arrest of a child,
the kid's age must be established using the child's birth certificate, school record, or any other
information pertaining to the child's birth date.

The arresting police officer is required to notify the Child Affairs Police Officer (CAPO) as soon
as possible regarding the reason, location, and specifics of the child's arrest. No juvenile who has
been detained may be shackled or bound around the waist with a rope; instead, they must be kept
in a secure area of the police station or in a location that is safe and away from adult offenders.
The Appellate Division of the Supreme Court of Bangladesh has ruled that any arrest or
preventative custody of a child under the age of nine is prohibited under all circumstances.
Anyone under the age of nine cannot be arrested, according to the Children Act. The CAPO is
required to notify the parents, or in their absence, the legal guardian, after the arrest of any
juvenile.

On the first day of his appearance in court, the CAPO must present a report explaining why he
was unable to tell any of these parties, if doing so was not practicable. The Children Act of 2013
outlines crucial steps that must be taken after any arrest of a kid, and in cases where it is silent,
the requirements of the Code of Criminal Procedure of 1898 will be used. Juvenile offenders and
adults cannot be tried together, according to the law. A separate charge sheet for juvenile
offenders must be filed when a youngster participated in the commission of an offense alongside
an adult. In accordance with Section 52 of the Children Act , if the situation involving any kid is
not addressed by any other laws.

A child offender has the right to be represented by counsel, and if the kid's guardians cannot
afford legal representation, legal aid will provide them with any necessary help. The Children
Act prevents the public trial of any minor criminals, and it is completely forbidden to publish any
public report that reveals the identify of the kid in question. Unless the learned court determines
that the juvenile has committed a very serious crime or that he or she is so unruly or wicked that
they cannot be sent to the approved institute, no sentence of death, transportation, or
imprisonment may be imposed on a juvenile offender. Such a teenage offender may receive a
sentence of 3 to 10 years in prison.

Alternative methods to locking up juvenile offenders are listed in The Children Act of 2013.
According to the Act, the government or juvenile court may appoint a probation officer for a

26
particular juvenile, and the probation officer's activities will be under the supervision of the
juvenile court. If the court is satisfied, the young offender may be freed after warning or placed
on probation while under the supervision of parents or another responsible adult. Following such
release of juvenile offenders, the court will be regularly updated on the juvenile's behavior and
mental health. It is important to remember that Section 37 of the Act states that the probation
officer will initiate efforts to resolve the conflict between the victim and the juvenile offender.

8.3 Trial Procedures under the Code of Criminal Procedure, 1898

A unique trial process for juvenile criminals is provided for in Bangladesh's Code of Criminal
Procedure (Cr.PC), 1898. This law forbids the combined prosecution of juvenile and adult
offenders. According to Section 392, whipping a juvenile offender under the age of sixteen is
one way to punish them, however the number of strips used cannot exceed thirty. Section 399
contains a provision relating to the placement of juvenile offenders in reformation facilities. If a
person under the age of fifteen is given a prison sentence, the court may order that they be
housed in a reformatory facility rather than incarcerated. Any person under the age of sixteen
who is charged with a non-bailable offense is subject to Section 497(1).

8.4 Juvenile Delinquency in Penal Code, 1860

The legal age of criminal responsibility in Bangladesh is set down in the Penal Code, 1860. This
Code does not forbid any behaviour on the part of a juvenile who is younger than nine. A kid
between the ages of nine and twelve must also be fully mature enough to understand the nature
and repercussions of the conduct performed in order for them to be found guilty of an offense,
according to the law.

8.5 Provisions of Vagrancy Act, 1943

The Vagrancy Act protects the rights of vagrant children who live on the generosity of others and
beg for alms. According to this Act, it is also arbitrary to arrest, detain, or threaten such
youngsters in order to demand a bribe.

8.6 Correctional Measures under the Probation of Offenders Act, 1964

The Children Act of 2013 and the Probation of Offenders Act, 1964 both oversee the juvenile
delinquent probation system. This Act grants probation to minor and first-time juvenile
offenders, regardless of their age, temperament, or mental state. Under the supervision of
probation officers, these young offenders will undergo social education as part of the criminal
justice system.

27
 Chapter 9

Limitation of Existing Juvenile Justice Administration in Bangladesh

9. Limitation of Existing Juvenile Justice Administration in Bangladesh

The juvenile justice system in Bangladesh has a number of limitations. This study's goal is to
identify that particular restriction. As much as I could, I discovered the following limitations:

9.1 Judges number

The Bangladeshi juvenile justice system has many drawbacks, including a very small number of
judges who have considerable duties.

9.2 Insufficient Sitting

As per the Children Rules of 1976, juvenile court sessions are set twice weekly from 3 to 5 p.m.
Even this subpar schedule is not consistently followed. Juvenile court judges do additional work
in addition to their primary duties because there isn't a full-time judge there.

9.3 Geographical Limitation

Since Bangladesh only has three Child Development Center (CDC) residents of isolated villages
were unwilling to access juvenile justice.

9.4 There are not enough probation officers

The number of probation officers in Bangladesh is quite low due to several limitations. As a
result, they were unable to easily approach the kids who had legal issues. Through the 2013
Child Act as well as other landmark rulings like the Roushan Mondol case and the Blast case
regarding juveniles who are now being tried, recent trends of injustice have changed slowly but
surely. Despite the fact that we have laws, their application raises questions. We anticipate swift
government action to implement the administration of juvenile justice.

28
 Chapter 10

Deficiency in Present Juvenile Justice System to deal with Juvenile Delinquency

10. Deficiency in Present Juvenile Justice System to deal with Juvenile Delinquency

When determining whether to classify a kid as a juvenile offender, the age of criminal culpability
is the most crucial factor to take into account. Bangladeshi legislation makes it difficult to
determine a child's age. The definition of a child is not well-defined in Bangladeshi law.
Depending on the law, there are different legal minimum ages for delinquents. It is terribly
unfortunate that the Children Act of 2013 and other regulations do not provide a specific process
for determining the age of children from underprivileged backgrounds, including homeless
children, impoverished children, and orphans who were never registered in school and do not
have a birth certificate. Although it is quite difficult to identify the age of these children, it is
often stated that they are young.

These children frequently experience abuse and harassment from adult criminals and learn
terrible lessons. In addition, the Bangladeshi government has not implemented any pre-
preventive steps to reverse the trend of adolescent misbehavior. The mechanism for training
public servants in the juvenile justice system is seriously deficient. The juvenile justice system
has been made more painful by the absence of a distinct prison for juvenile offenders, a broken
reporting system, a lack of accurate monitoring measures, police department corruption, and the
absence of a kid help desk in police stations. Juvenile offenders are so often denied care, and
their chances of reformation are not increasing. There are currently not enough children's courts
with broad authority.

The poor treatment of juvenile criminals has been brought on by factors such as the lack of a
child-friendly environment in the courtroom, treating them like adults throughout the trial,
housing them in the same facility as adults, the lack of a camera trial, and more. Child
Development Centers have not been established in sufficient numbers, and there is still a lack of
funding and personnel. The quantity of vocational training facilities and the number of
instructors are both inadequate. Due to a lack of proper education and awareness of juvenile
delinquency at the elementary, secondary, and graduate levels, there is a significant knowledge
gap among youngsters regarding right and wrong deeds. The Bangladeshi Constitution does not
even contain a direct article on juvenile justice, nor does it contain any specific procedural or
criminal laws that apply only to juveniles.

29
 Chapter 11

PREVENTIVE MEASURES

11. PREVENTIVE MEASURES

11.1 Educational factor and institutes

The development of moral principles and belief systems is largely influenced by education. The
results show that educational institutions and changing people's mindsets play a significant
impact in reducing crimes. Many of the respondents said that educational institutions should host
campaigns like anti-bullying campaigns or role-playing games to raise young awareness. Many
respondents agreed that teachers, who act as their second parents, have the power to shape the
lives of their charges. As teachers, we should be able to identify the needs of the students and
support them without treating them unfairly.

When discussing the role of educational institutions in deterring crime, it is essential that
teachers get involved and take some steps, such as teaching morality and social norms to
students, which will be very beneficial to them in their future lives. Parental education is also
essential since it is the duty of parents to inform their children of the facts that will keep them
from committing crimes. In that circumstance, one can ensure educational programs as a
community.

11.2 Community programmes

According to the research's findings and analysis, the majority of respondents believed that the
community had a significant part in crime prevention when asked about its position in society. It
was discovered that raising local awareness can significantly contribute to the prevention of
crimes. Agarwal.D. (2018) contends that community involvement and education are necessary
when it comes to issues involving juvenile delinquency. The results demonstrate the value of
community programs in reaching out to adolescents and their families and providing assistance
for the issues they are facing. Conditions can change through community initiatives including
raising awareness in the area and allowing local residents to get involved.

11.3 Role of counselling

According to the research's findings and analyses, counseling young people is one of the best
things a community can do to reduce juvenile criminality. The investigation shows that one of

30
the best strategies to stop juvenile delinquency at an early stage is through counseling and
providing families and children with the right advice. According to the study, which involved
148 young people, 42.6% of the kids preferred psychological counseling and treatment, which is
one of the reformation strategies for preventing antisocial behavior. Counseling can also assist to
offer support and get rid of the dread of having an inferiority complex, fear, and numerous other
problems that many youngsters today are dealing with.

Chapter 12

Recommendation

12. Recommendation

This study offers various suggestions to those concerned in handling juvenile delinquent
situations especially in Cumilla. First and foremost, educational institutions should offer
counseling sessions and awareness programs to their students who require assistance with
emotional instability, family problems, or other related issues. Additionally, awareness programs
like antibullying prevention programs, the role of social media, etc. need to be incorporated into
their curricula. In order to prevent street children from choosing the wrong path for their
livelihood, the government must construct more protective housing for them.

Thirdly, the community should be given access to quality parental guidance programs and there
is a need to train additional police officers who work with young offenders. Finally, there ought
to be more social workers, counselors, and other individuals eager to raise awareness of issues
relating to societal delinquency.

In protecting the interests of juvenile people who come into contact with the law, Bangladesh's
juvenile justice system was created by implementing an alternative diversionary mechanism in
place of the country's traditional and complex justice system. The successful application of laws
is more important than their accurate and reasonable enactment. In Bangladesh, many important

31
arrangements cannot be put into place unless they are actively encouraged by the government,
families, communities, and other interested parties. Thus, the following suggestions can be made
to address the issue of juvenile delinquency in Bangladesh in order to ensure the successful
treatment of the juvenile offenders:

1. The government must take strong preventive steps to stop young people from engaging in any
sort of antisocial behavior. In this context, joint coordination between the government and NGOs
may play a crucial role in addressing the procedural and non-procedural aspects of juvenile
justice.

2. It is necessary to establish a sufficient number of juvenile courts with clear authority. These
courts need to be entirely distinct from regular criminal courts, with a flexible and kid-friendly
judicial structure.

3. It is also necessary to ensure that each police station has a "Child Affairs Desk" run by a Child
Affairs Police Officer (CAPO). (CAPO) must receive thorough training, especially in the areas
of teen monitoring, incarceration, and supervision.

4. To handle the administration of juvenile justice more effectively, it is necessary to set up

professional training and courses for staff members such as judges, attorneys, police officers, and
probation officers.

5. In order to prevent the possibility of treating a juvenile offender as an adult criminal

throughout the trial process, a mechanism to determine the juvenile offender's age needs to be
developed in a more specific and practical way.

6. It is important to provide a sufficient number of kid-friendly facilities that offer all the
amenities that are required, such as food, healthcare, education, and management training.
Healthy health care and social education must be continued for young people who have been the
victims of abuse or neglect.

7. The Department of Social Service, which is part of the Ministry of Social Welfare, needs to
establish a specific cell in order to provide an effective monitoring system.

8. Eliminating barriers to court access, such expensive legal fees, is essential. It should be the
mandate of the National Welfare Boards to take all reasonable steps to ensure that complex
issues do not impede the judicial assistance requests of juvenile offenders and their families.

9. Arbitration, mediation, and other forms of ADR should be promoted in cases involving
adolescent delinquency. The family and concerned youngster should be notified of every
procedural detail of the court proceedings.

32
10. Study programmes on subjects linked to acceptable behaviour, juvenile delinquency, and
punishment must be taught at educational institutions in order to increase children's awareness of
juvenile delinquency.

11. To uphold the rights, there should be an active and accurate Child Rights Commission.

12. There needs to be increased social awareness on the harm that social media, pornography, the
internet, and unfavorable foreign cultures do to children's pliable minds. It is necessary to
socially boycott corrupt politicians who recruit children.

13. Families, society, and the government all need to be more aware of and concerned about the
young people's education and daily behavior. Instead of using dogmatic and punitive methods,
families should work with young offenders to help them change their ways.

Chapter 13

Conclusion

13. Conclusion

In many nations in the modern, materialistic world, juvenile delinquency and related social
disorders are a common scene. The severity of this issue is greater in developing nations, and
Bangladesh (especially in Cumilla) is not immune to this, the most significant social fear of our
day. People's lifestyles have changed significantly in this rapidly evolving scientific and
technological world. The fundamental socialization that took place through organizations
including family, peer groups, neighborhood bonds, and intimate kin circles is progressively
failing in Bangladeshi society. These revisions in the law have a harmful impact on juveniles.

The primary causes of Cumilla's concerning rise in adolescent delinquency are the city's extreme
poverty, absentee parenting, family strife, scarcity of necessities, criminalization of politics, etc.
Along with crimes against women, kidnapping, murder, bombing, and other anti-social activities,
they are become more involved in the drug and weapons trade. By creating a comprehensive
juvenile justice system with the 2013 Children Act, the Bangladeshi government demonstrated
initiative in keeping up with the rapidly changing patterns in juvenile crime. The best interests of
the children are still not always fully protected, though, because current legal frameworks and
practises do not always fully abide by the standards of international conventions.
33
The judiciary, police, and probation officers, who interact with the justice system, continue to
lack institutional growth and awareness about children's rights. Procedures for arrest,
imprisonment, and trial for young offenders are still insufficient. Now more than ever, the
government must train the individuals involved in the criminal justice system to guarantee that
the law is implemented properly. More juvenile courts should be formed in every area because
they are more efficient and take up less time.

Chapter 14

REFERENCES

14. REFERENCES

14.1 Legislations and Conventions

1. The Children Act 2013 (Act No. XXIV of 2013).

2. The Code of Criminal Procedure 1898 (Act No. V of 1898).

3. The UN Convention on the Rights of the Child (UNCRC).

4. The UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh).

5. The UN Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules).

6. The UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules).

Cases

7. State v Md. Akabbar Hossain (Criminal), 19 BLC (2014) 762.

8. Bangladesh & others v Blast & others.

9. Abdul Motaleb and others v the State, 27 DLR (1975) 665.

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10. The State v The secretary, Ministry of law, Justice and Parliamentary Affairs and others 59
DLR (2012) 72.

11. State v Secretary, Ministry of Home Affairs and others, 16 MLR 254 (HCD) (2011)

12. State & others v Rafiqul Islam & others, 4 SCOB (2015) (HCD) 171.

13. The State v The secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 30
BLD 369 (HCD).

14.2 Books

1. Ahmad R, Theory and Practice of Criminology: Bangladesh Perspective (2nd edn, University
Publications

2. Chowdhury A, Crime and Human Rights, Democracy, Rule of Law and Human Rights (2nd
edn, Dhaka University Prokashona Shangstha 2006).

3. Karzon H R, Juvenile Delinquency and Justice System: Criminology, Criminal Justice

Victimology and Restorative Justice (Hira publication 2016) 406.

14.3 Journals

1. Agarwal D, Juvenile Delinquency in India- Latest Trends and Entailing Amendments in

Juvenile Justice Act‘ (2018) 3(3) PEOPLE: International Journal of Social Sciences 1365-1383.

2. Ahmed M, A Crucial Observation on Juvenile Delinquency: Bangladesh Perspective‘ (2011) 5

ASA University Review 297-310.

3. Ali M, Towards a Justice Delivery System for Children in Bangladesh: A Guide and Case Law
on Children in Conflict with the Law‘ (2010) UNICEF, Bangladesh 17-23, 53-60.

4. Chowdhury I, Khan M and Uddin I, Causes and Consequences of Juvenile Delinquency in

Bangladesh: A Sociological Analysis‘(2012) 1(4) International Journal of Social Science
Tomorrow 1-11.

5. Ferdousi N, Juvenile Justice for the Best Interest of the Children in Bangladesh: A Legal
Analysis‘(2013) 18 Journal of Law, Policy and Globalization 22-32.

6. Ferdousi N, Best Practice in the Institutional treatment of Juvenile Delinquents in Bangladesh:

An Appraisal‘ (2014) 19 The Chittagong University Journal of Law 118-133.

7. Haveripet R, Causes and Consequences of Juvenile Delinquency in India‘(2013) 5(3) Recent

Research in Science and Technology 29-31.

35
8. Hirschi T, Age and the Explanation of Crime‘(1983) 89(3) The American Journal of
Sociology 552-584.

9. Islam M, Juvenile Delinquency in Bangladesh: Identifying the Causes with Reference to Some
case Studies‘(2015) Law Journal Bangladesh <www.law journalbd.com/2015/02/juvenile-
delinqueny-in-bangladesh-identifying-the-causes-with-reference-to-some-case-studies/>
accessed 6 January 2019.

10. Khan T, Protecting the Rights of a Child Offender: The Bangladesh Perspective‘ (2017) 22
IOSR Journal of Humanities and Social Science 47-54.

11. Mehtab F, Juvenile Justice System of USA and Bangladesh: A Comparative Study of
Diversion and Alternative Measures and Hard Realities of Juvenile Justice System in
Bangladesh‘ (2009) 12 The Dhaka University Journal of Law 53-88.

12. Mohajan H, Child Rights in Bangladesh‘ (2014) Journal of Social Welfare and Human
Rights 2 (1) <http://jswhr.com/journals/jswhr/Vol_2_No_1_March_2014?12.pdf> accessed 6
January 2019.Titu publication 2017) 188.

13. Narayana K, Dimensions of juvenile problems: institutional and non- institutional‘ (2005)
5(10) Soc Welfare 13-25.

14. Noman S, Treatment of Juvenile Delinquency under the Criminal Justice System in
Bangladesh: An Overview‘(2018) 3(2) BiLD Law Journal 53-81.

15. Ren L, Hangowel Z et al Delinquent Subculture and Juvenile Offenders‘ Attitude Towards
Police in China‘ (2016) 19(1) Police Quarterly 87-110.

16. Sharma B, Juvenile delinquency in India – a cause for concern‘(2006) 31 Journal of Indian
Acad Forensic Medicine 68-72.

17. Tripathi R, Juvenile Delinquency: Overview, Prevention and Laws in India (2016) 3 The
International Journal of Social Science and Humanities Invention 1899-1903.

14.4 Others

1. Hossain M, Separate Treatment Measures for Juvenile offenders in Indian sub-continent: A

Brief Historical Description‘ (2008) Human Rights, Investment-Prosecution and Juvenile
Treatment, Dhaka: Social Science Research Council, Ministry of Planning, 121.

2. Khan M & Islam M, Children‘s Involvement in crime on the Rise‘ Dhaka Tribune (Dhaka, 1
October 2016) <www.dhakatribune.come/bangladesh/2016/0/01/childrens-involvement-crime-
rise/> accessed 6 January 2019.

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