Published: 12:49 AM, 18 May 2026
Juvenile Justice Crisis in Bangladesh: Protection on Paper, Failure in Practice
Mesfat Ara Maysha
Behind the headlines of rising youth crime in Bangladesh lies a tragic reality: a generation of marginalized children driven to delinquency by economic inequality, neglect, and institutional failure. With children making up roughly one-third of the nation’s population, ranging from 56 to 59 million, addressing the root causes of juvenile crime is no longer just a legal obligation; it is an existential necessity.
While modern juvenile justice focuses on rehabilitation over punishment, Bangladesh’s legal system remains unclear in a confusing transitional phase. Historically, the Children Act of 1974 failed to adequately separate child offenders from adults. To comply with the UN Convention on the Rights of the Child (UNCRC), the government enacted the progressive Children Act of 2013. Under Section 4 of this Act, anyone under 18 is strictly defined as a child. However, legal contradictions persist. The Penal Code of 1860 confuses the threshold for criminal responsibility. While Section 82 grants absolute immunity to children under nine (doli incapax), Section 83 offers limited immunity to those aged nine to twelve, contingent upon their "maturity of understanding." This two-track system frequently creates blind spots regarding the accountability of minors.
Even where the 2013 Act offers clear protections, systemic implementation falls drastically short. Section 16 mandates at least one dedicated "Children's Court" per district. In reality, the vast majority of juvenile cases are offloaded to Nari-O-Shishu Nirjatan Daman (Women and Children Repression Prevention) Tribunals. These courts often lack the child-friendly environments required by law. Furthermore, vital safeguards are frequently ignored. Section 44 prohibits using handcuffs on children, and Section 52 dictates that bail should be the standard unless it endangers the child. Yet, systemic delays persist as UNICEF says Bangladesh has more than 23,000 cases involving children pending trial. Moreover, the most glaring institutional failure is infrastructural. Bangladesh currently operates only three Child Development Centres (Kishore Unnayan Kendras)-located in Tongi, Jashore, and Konabari. Chronic overcrowding in these facilities means many youths are tragically housed in regular adult prisons. This directly violates international standards and Section 59 of the Children Act, exposing vulnerable youth to further abuse and hardened criminal behavior.
This institutional neglect has paved the way for a dangerous urban phenomenon, the rise of "Kishore Gangs" (teen gangs). In rapidly urbanizing cities like Dhaka, informal settlements lack educational and recreational spaces. Marginalized youths seek identity and protection in these gangs, only to be manipulated by older, local political figures (Boro Bhai) into extortion and the drug trade.
To combat this, the state must activate the "Diversion" strategies outlined in Section 48 of the Children Act, which allow police to address minor offenses through counseling and community service rather than formal trials. Currently, a severe lack of trained probation officers makes this impossible.
Bangladesh boasts a robust legal framework on paper, championed by the National Children Policy 2011 and the 2013 Act. However, bridging the vast gap between policy and practice requires immediate, aggressive reform. The government must expand the capacity of Child Development Centres, improve birth registration to ensure accurate age verification, and appoint dedicated personnel who view youth offenders not as lost causes, but as children in need of redirection. Now is the time to make rehabilitation a reality rather than a promise, because the future of Bangladesh depends on how courageously it protects, reforms, and restores its children today.
Mesfat Ara Maysha studies
Law in Bangladesh University
of Professionals (BUP), Mirpur Cantonment, Dhaka. She can be reached at [email protected]. Views expressed in the article are the writer’s personal opinions.
