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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. Source: The Children Trust | About us | Home | SDI Home | Guest Book | |
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