Remove the ambiguities in children act | The Daily Star
05:27 AM, August 22, 2019 / LAST MODIFIED: 05:27 AM, August 22, 2019

Remove the ambiguities in children act

HC asks government

The High Court yesterday asked the government to take necessary steps for immediate removal of existing ambiguity, contradiction and inconsistency in the Children Act 2013.

A bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman in its observation said there was a kind of judicial indiscipline in lower courts and High Court over the act.

The government could either amend the act or remove the ambiguity and inconsistency over it by issuing a gazette notification, the court added.

The HC bench came up with the remarks while delivering the full text of a murder case’s verdict that involved a child accused.

The HC bench also issued seven directives for magistrates and children courts until the law is amended or gazette notification is issued.

The bench ordered the authorities to send copies of the verdict, along with the directives, to lower courts, concerned tribunals, social welfare ministry and other concerned.

DIRECTIVES FOR CONCERNED AUTHORITIES

The magistrates concerned would only supervise the investigation proceedings in cases related to the act.

Remand related orders must be resolved in juvenile courts.

During the investigation, children involved in conflicts can be acquitted from attendance in the magistrate courts on fixed dates.

The juvenile courts will resolve issues regarding remand, bail or age determination of children in such cases.

In case of filing any petition before magistrate courts, the magistrate courts will send the petitions to juvenile courts which will resolve the matter.

Before taking the cognizance of the charges, the Women and Children Repression Prevention Tribunal will act as a juvenile court.

The magistrates concerned will take cognizance of the charges based on police reports under the act.

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