Children's
Law in Bangladesh
1. The
Penal Code, 1860, under sections 82 provides that nothing is an offense
which is done by a child under 12. Under section 90
of the Code a consent is not a consent if it is given by a person who is
under 12 years of age. Kidnapping a male under 14 years of age and a female
under 16 years of age from lawful guardianship is an offense under section
361 and kidnapping or abducting a person under the age of 10 is also an
offense under section 364A of the Code.
2. The
Divorce Act. 1869 deals with the custody, maintenance and education of
minor children while their parents are engaged in a law suit for separation.
The court may order the maintenance, custody and education of children.
3. The
Contract Act. 1872 makes a contract by a minor absolutely void. A
contract of sale made with the guardian of a minor may be binding only if it
were made either for legal necessity or for the benefit of the estate.
4. The Guardians and Wards
Act. 1890 empowers a designated Court, if it is satisfied that it is for
the welfare of the minor, to appoint a guardian of the minor's person or
property or both. However. the Court cannot appoint any person as guardian
against the will of the minor.
5. The code of Criminal
Procedures 1898 empowers a designated Court to order a person having
sufficient means and neglecting or refusing to maintain his wife or
legitimate or legitimate child to provide a monthly allowance for
maintenance of such wife and children.Under section 562, the Court can
release certain convicted first offenders under 21 years of age on probation
of good conduct instead of sentencing them to imprisonment.
6. The Mines Act, 1923
prohibits employment of a child (under 15 years of age) in a mine and
regulates the employment of those above 15 years but below 17 years.
7. The Child Marriage
Restraint Act, 1929 provides punishment for a male adult marrying a
child (below 16 years age). It also prescribes punishment for parent or
guardian concerned in a child marriage.
8. The Suppression of
Immoral Traffic Act, 1933 provides for the punishment for forcing a girl
under 18 years into prostitution. Abatement by one having custody or charge
of the girl is also a crime.
9. The Children (Pledging
of labour) Act. 1933 provides for penalty for parent or guardian making
agreement to pledge the labour of a child and also for employing a child
whose labour has been pledged.
10. The Employment of
Children Act, 1938 regulates the employment of children in specified
industries and occupations and provides for punishment of the employer
contravening the provisions of the Act.
11. The Maternity Benefit
Act. 1939 regulates the employment of women for certain period before
and after childbirth and provides for the payment of maternity benefit to
them by the employer.
12. The Maternity Benefit
(Tea Estate) Act. 1950 prohibits the employment of women in tea gardens
or processing factories for certain period before and after childbirth and
provides for the payment of maternity benefits for the period.
13. The Minimum Wages
Ordinance, 1961 prohibits employers from payment of juvenile (below 18
years age) workers below the minimum rates fixed by the Board set up under
the Act. This also provides for punishment for contravention.
14. The Shops and
Establishment Act, 1965 prohibits employment of children not having
completed 12 years of age in shops and commercial establishments. It further
regulates the hours of work for those below 18 years age.
15. The Factories Act,
1956 lays down regulations aimed at ensuring secure and healthy
conditions or work for a child or an adolescent. It also provides for
facilities of rooms for children under 6 years of age of woman workers in a
factory.
16. The Children's Act.
1974 provides for the custody, protection and treatment of children, and
mal and punishment of youthful offenders by Juvenile Courts. It also deals
with care and protection of destitute and neglected children. It provides,
among other safeguards, for the punishment of special offenses such as
cruelty to children, employment of children for begging, and exploitation of
children employees.
In addition to these formal laws, there are a number of personal and
religious laws, which mainly relate to social customs such as marriage,
divorce, guardianship, adoption and inheritance, according to religious
prescriptions. These also affect the children and some of these have been
modified by special legislation to provide somewhat greater rights to women
and children.
Source:
The
Children Trust
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