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Update Children Act ’74 in light of UN Convention

High Court asks govt

Staff Correspondent
The High Court (HC) in a verdict yesterday directed die government to update die Children Act 1974 or enact a fresh law in the light of die United Nations Child Rights Convention (UNCRC) for ensuring the best protection, welfare and interest of the children as soon as possible.
The court also directed that the offences committed by the cliildren will be tried under provisions of Section 58 of the Children Act 1974 and Children Rules 1976 until the Children Act 1974 is updated or a fresh law is enacted.
The Section 58 of the Children Act 1974 and the Cliildren Rules 1976 provide some provisions for protecting rights of the children and keeping the accused children in die custody of their parents, Advocate Fahima Nasreen said.
Hie court said the govern-mem's goodwill is enough to update the Children Act or enact a fresh law in the light of the UNCRC.
The court also directed the
authorities concerned of the government to make die child development institutions, including the National Task Force for the Children and National Commission for Children, active in developing and protecting the children.
A vacation bench of the HC comprising Justice Md Imman Ali and Justice Md Fazlur Raliman came up with die directives and observations following a suo moto rule earlier issued by this court.
The court issued a sou moto rule upon two judges -- TM Musa and MA 1 iamid and die secretary to the law ministry --to explain under what provision of the law a seven-year-old rape victim was sent to the safe custody.
The victim was raped by her neighbour named Gcdaiullah in Sylhet in March this year.
A case was filed with the
Osmani Nagar Police Station on March 27 in this connection.
After taking the charges into cognizance, die Chief Judicial Magistrate in Sylhet TM Musa sent the victim to in die safe custody.
The child's mother filed an application with a court in Sylhet to live with her daughter in the custody.
MA Hamid, Second Judicial Magistrate in Sylhet, rejected the application on April 7 diis year and sent the case to Women and Children Repression Prevention TYibunal of the district.
Prime Minister Sheikh Hasina directed die audiorities concerned to send the child to her mother after a private television channel telecast a report on the incident on April 10 this year. Later, die child was sent back to her mother following the PM's directive.