Police keep converting children into adults
Raihan Sabuktagin
Police, violating children's laws and rights often projects juveniles as adults in cases, though Police Headquarters have issued orders to all officers, including those in the railway sector in a bid to maintain child rights for the last two decades.But this violation has been continuing sans proper monitoring, accountability and an age-checking system, and hundreds of children have been deprived of their legal rights. The massive violation of the law later produces notorious criminals from these child victims. Police arrested Imran (not his real name) on August 5,2003 on charge of murder in a factory at Rajashan at Savar. Imran, a mentally disabled orphan was then 14 and half years, but police recorded his age as 20. Imran was fortunate that Aparajeya Bangladesh, a non-government organisation (NGO) came to his aid. Mahbubur Rahman, panel lawyer of the organisation said that he made a petition to the court on Imran's age and provided a certificate from school, but court refused to accept it. Later Imran was checked at the jail hospital and it was proven that he in fact, was only 14 and half years. Once proved as a child, Iman was caught in the tug of war between the jail authority and the Tongi Kishor Unnoyon Kendra over his age, and had to stay for more than seven months in the Dhaka Central Jail. Finally he was able to reach the Kendra and is now at the Kashimpur jail. Mahbubur said that police found no witness or evidence against the boy, but arrested him only because he was at the spot. Another 14-year-old Azim (not his real name) was caught red handed with two other armed adults in a robbery incident under Sympur Police Station. The boy faces two charges, against him -- carrying arms and robbery. The police had recorded his age as 18, but with an NGO coming to the boy's aid, Azim was recorded as a juvenile in one case and an adult in the other. The boy's lawyer told Star City that he could not understand how the boy could be treated at two levels in the same incident. According to police records, the Inspector General of Police (IGP) on February 2, 1987, had issued an order to all police to follow the Child Act 1974 properly especially in recording their exact age, informing the local probation officer as soon as possible after the arrest of a child and granting bail from the police station under section 48 of the Act. But the order remains in paper only. Many such orders followed, including one on July 16, 1997, but none of the law enforcers seemed to have paid any heed to the order. Clear instructions and orders came from the police high command in recording the accurate age, bail, notifying the probation officer and keeping these children in custody. This order too failed to hold the attention of the law enforcers and the situation worsened. On a petition received from Save the Children, Police Head Quarters issued another order on the same issue on June 11, 2005. When asked about monitoring the implementation, accountability and existing situation, Mozammel Hossin, additional IGP, only said that: "We issued the order and situation will be ok." A sub-inspector told Star City said that in recording ages in certain cases the physical status of children confuse the police and under such circumstances police have to send the accused for a medical test. He said it was troublesome process as it takes the whole day to arrange a certificate for an accused child, adding that they usually record children as adults to avoid the hassle. The National Taskforce to Release Children from Prison, headed by the principal secretary to the prime minister's office is working on the issue. The task force recently had its eighth meeting emphasising on the need to record real ages and stop police violation of these laws. In the previous meeting on July 17, through a demy official letter, the head of the task force requested the home ministry secretary to take initiatives against the violation. A human rights worker and legal aid provider to vulnerable children said orders or initiatives from high command would not have impact in stopping these violations by police until monitoring and accountability of police is assured.
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