Practical Scenario of Implementation of the Children Act, 2013 in Sylhet Metropolitan Area and Rule of Law

According to section 96 of the Children Act, 2013 "the Government shall take all necessary measures for the effective implementation of this Act and may, if necessary, issue directions in this regard". That means Bangladesh has to take essential steps regarding implementation of the Children Act, 2013 under its territory including Sylhet Metropolitan Area. To ensure protection of the best interest of the child and application of rule of law in this Sylhet Metropolitan Area the Government of Bangladesh shall try to its best. If in that mentioned area does not get implementation of this said Act the Government cannot say they are able to establish rule of law whole over the Bangladesh. Main objective of this study is to highlight the current situation of implementation of the Children Act, 2013 in Sylhet Metropolitan Area. This study provides suggestions to the Government, which steps are necessary to take for the effective implementation of the mentioned Act in Sylhet Metropolitan Area. Secondary and primary data used in the research are based on fieldwork in different child related institutions (Probation Officers Office, Police Station, Metropolitan Children ’ s Court, Sharkari Shishu Paribar, Chotomoni Nibash, Safe Home, Victim Support Centre, and Development Fair 2018).

Objectives of the study 1) To review the implementation status of the Children Act, 2013. 2) To increase respect for the human rights of children.

3) To established the Metropolitan Child Welfare
Board and Child Develop Centre. 4) To find out the actual causes behind problems. 5) To highlight defects in the existing procedural law. 6) To find out what should be the role of judges, lawyers, Child Affairs Police Officers Probation Officers, etc. 7) To provide possible suggestions to mitigate the challenges.

Definition of Child
Section 4 of the Children Act, 2013 says that all persons up to age of 18 years shall be regarded as children for the purposes of this Act. According to Article 1of UNCRC "a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier".

Background of the Children Act, 2013
The Child Bill 2013, passed on June 16, 2013 by the national parliament was published through a gazette notification on June 20. The new Act is harmonized with the United Nation Convention on the Rights of the Child (CRC) and has referred to the CRC in the preamble and replaced the Child Act, 1974. The Children Act, 2013 is drafted by the ministry of Social Welfare and consists of 11 chapters and 100 sections. The Children Act, 2013, officially known as "Shishu Ain, 2013". By a subsequent Gazette notification dated 18 August, 2013 the Act was made effective from 21 August, 2013.

Rule of Law
One of the basic principles of the English constitution is the rule of law. This doctrine is also accepted in the constitution of Bangladesh. The rule of law is currently is one of the most discussed matters of developing countries. Developed countries and donor agencies all the time advise the developing countries for good governance and sustainable development. Actually good governance and sustainable development generally be governed by the proper application of rule of law. One of the major objects of making laws is to preserve law and order in society, a peaceful environment for the advancement of the people. In true and real sense there is lack in rule of law in Bangladesh today. Law in Bangladesh follows a course of discerning and discretionary application. Institution and procedures essential for ensuring rule of law are also not effective in the country.

Child Rights
All rights spelled out by the Universal Declaration on human rights. "Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to minors". Bangladesh constitution also guaranteed some rights for children. Other definitions include the rights to care and nurturing (Ali, 2013;Islam, 2015). There are no definitions of other terms used to describe young people such as "adolescents", "teenagers", or "youth" in international law, but the children's rights movement is considered distinct from the youth rights movement. The field of children's rights extents the fields of law, politics, religion, and morality. Children rights take account of their right to association with both parents, human identity as well (Mohajan, 2014;Banks, 2007) as the basic needs for physical protection, food , health care, universal state paid education and criminal laws appropriate for the age and development of the child, equal protection of the child civil rights and freedom from discrimination on the basis of the child race, gender, sexual orientation, gender identity, national origin, religion, disability, colour, ethnicity or other characteristics (Ashrafuzzaman, 2014;Pare, 2003). Children have two types of human rights under international human rights law (White, 2002;Blanchet, 2001). Firstly, they have the same fundamental general human rights as adults, though some human rights such as the right to marry are dormant until they are of age. Secondly, they have special human rights that are necessary to protect them during their minority (Mamun et al., 2008;Ehsan, 2001). This data shows that after Chittagong Sylhet is on 2nd position in case of proportion of real child worker (years 10-14) among all of the Division.

Child Victimization in Sylhet Metropolitan Area
The world Health Organization refers to child victimization as child abuse and neglect which includes all forms of physical and emotional ill treatment, sexual abuse, neglect and exploitation that results in actual or potential harm to the child's health, development or dignity (Ferdousi, 2014;Islam, 2012). Children may be victimized by family members, by friends, by other children and by strangers etc. It is very common in Sylhet Metropolitan Area. Children are used to begging in front of the mosque gate and other places the number of which is also increasing day by day. Street children are deprived from their rights such as right to food, right to shelter, right to education and other rights. Children suffer victimization because of broken family. Every broken family has many problems which affects directly to the children. "Addicted children are also victim. Addicted children frequently involve in various criminal activities and criminal association to manage drugs. Sometimes they commit fatal offenses when they are in addicted situation. Girl children are facing harassment by boys in school, college and other places. They face the situation of eve teasing. In Sylhet Metropolitan Area, many guardians of boys lives in abroad. So, boys enjoy very much freedom. As a result, they make eve teasing against girl children. Worker child is suffered physical and mental torture in the workplace. Sometimes worker children suffer sexual abuse when engaged in house hold service. In that area, senior groups often oppress juniors in various situation by bullying and pinching, such as in residential school system, which produces scope of child victimization. In that city children suffer physical and mental pain because of coaching system after end of school. One of the best example of child victimization occurred On July 8, 2015. Rajon was beaten to death by a group of brutes in Kumargaon Bus Stand area of Sylhet Sadar allegedly for trying to steal a rickshaw van. In the winter and rainy season kidnapping of children be increased. But data shows that the number of kidnapping children is increasing and sometimes decreasing frighteningly day by day in Sylhet.

Raped Girl
Section 375 of Bangladesh Penal Code,1860 provides that "a man is said to commit 'rape' who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptionsfirstly, against her will, secondly, without her consent, thirdly, with her consent, has been obtained by putting her in fear of death or of hurt, fourthly, with her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married, fifthly, with or without her consent, when she is under fourteen years of age 7. Because of gender discrimination girls are often victim from her birth (Choudhury, 2011;Ferdousi, 2015). Girls may be raped by friends, teachers, cousins, strangers and sometimes family members. "Girls are at higher risk than boys for infrastructure, sexual abuse, educational and nutritional neglect, and forced prostitution. The raped girl has to undergo severe mental and social constraints. At night, girls are afraid to visit the markets and other places in that area. Because, they feel lack of security.

Probation Officer in Sylhet Metropolitan Area
The Children Act, 2013 provides that the Government shall appoint one or more Probation Officers in every district upazila and metropolitan area. Section 6 lays down provision relating to duties and responsibilities of a Probation Officer. Section 5 and 6 has very good implementation in Sylhet Metropolitan Area. In that area Probation Officer Mr. Tomir Ahmed Chowdhury always goes to the Police Station if a child whether in contact with the law or in conflict with the law, is brought or otherwise comes to the Police Station and if it is possible to undertake diversion or bail the Probation Officer to do so for protecting the best interest of the child. The Probation Officer in that area always stays or present during the trial of a child. If any child in conflict with the law is sent to any Child Development Centre or any certified Institute the Probation Officer maintain a separate file for each child. That the Officer also works for diversion and alternative care for the children. The Probation Officer performs all duties mentioned in that Act.

Child Affairs Police Officer Desk in Sylhet Metropolitan Area
The 1) To maintain separate files and registers for the case concerning children; 2) If any child comes or is brought to the police station to inform the probation officer, family member; 3) If it is not possible to undertake diversion or release the child on bail due to any reason, to arrange for placement in a safe home before pro ducing the child in the court for the first time; 4) At every month to send all information of child related cases in prescribed from to the probation officer and to the police head-quarters through superintendent of police and, where applicable, to the District Legal Aid Committee and also perform other duties which is mentioned under section 14.

Suggestions
a) The Child Affairs Police Officer sends all information of child related cases in prescribed form to the probation officer at every month regularly. b) The Child Affairs Police Officer shall not perform any other duties of the Police Station accept child affairs. c) It is important to amend this Act and include the provisions relating to establishment of the Metropolitan Child Welfare Board and this Board will ensure participation of the local Government (City Corporation) representative who acts as an advisor of this Board. d) Section 59 of the Act need to be amended and the territory for establishment of the Child Development Centre should be fixed. e) The Government shall appoint permanent Judges for the Metropolitan Children's Court, Sylhet. f) This Act need to add provisions relating to disabled child. g) Special training on the Children Act, 2013 and UNCRC must be provided to Probation officer and Child Affairs Police Officer. h) If any researcher does any research on the Children Act, 2013 and on other topics relating to children the Probation Officer, Judge of the Children Court and specially the Child Affairs Police Officer need to cooperate him by providing essential information and data about that said topic. i) The Judge of the Metropolitan Children's Court should conclude trial within the said period in this Act.
a. All classes of people including concerned persons under the Act should be aware for protecting the best interest of the child for the better implementation of the Children Act, 2013 in Sylhet Metropolitan area.

CONCLUSION:
The Government passed the Children Act, 2013 for protecting the best interest of the child. The Children Act, 2013 has good application in Sylhet Metropolitan area but for better implementation of this Act in that mentioned area, the Government should take cognizance of the recommendations of this research. If the government taking to consideration the above mentioned recommendations it will be helpful to establish rule of law in that mentioned area and Bangladesh. It is time to take proper actions against which are obstacle for implementation of that Act in that area. The Government and other concerned institutions mentioned in that Act should organize public awareness for welfare of the child. Because, Children are the future generation of the nation.