Legal status of minors in Bangladesh

Al Mustashim Nobi Niku : All people are equal before the law, regardless of race or religion. But there are differences in some areas. For example, in the case of young people, i.e. minors. According to the provisions of Section 3 of the Minority Act of 1875, in our country, persons under the age of 18, regardless of their religion, Hindu or Muslim, are considered minors. The law has clear legal provisions regarding minors, such as:

In matter of criminal law

Some provisions of the Penal Code have been relaxed for minors. Section 82[1] of the Penal Code states that any act committed by a child under the age of 9 years and Section 83[2] of the Penal Code states that any act committed by a boy or girl between the ages of 9 and 12 who has not attained the maturity of intellect is not a crime. Therefore, no criminal case can be filed against a minor under the age of 9.

Juvenile offenders under the age of 18 are entitled to bail, even if they are arrested for a non-bailable offense, even from the police station.[3] Even if bail cannot be granted due to lack of collateral or for his safety, he cannot be kept in prison like all other the accused, but must be kept in a “Child Development Center” specially established and run by the government or in some other safe place.[4] No juvenile offender can be sentenced to death or life imprisonment.[5] If convicted, the rule is that he is kept in the custody of his parents or close relatives under the supervision of a probation officer for up to 3 years; if the crime is serious, he can be detained in a child development center for a period of 3 to 10 years.[6] And once they turn age 18 years, they can be transferred to prison.[7] Otherwise, they cannot be kept in prison.[8]

In matter of civil law

If a minor is a defendant in a civil case, the court will appoint a legal guardian to handle the case on his or her behalf.[9] According to civil law, a minor is not eligible to act as a plaintiff and conduct a suit on his or her own. Their guardians will have to handle the case on their behalf.[10] According to Section 3 of the Majority Act, 1875, a person is a minor until he or she attains the age of 18 years[11]. However, if the court has appointed a guardian for the minor’s body or property, or if his property is under the supervision of the Court of Wards, his minority does not cease until he reaches the age of 21 years.

According to the provisions of the Transfer of Property Act of 1882 and the Contract Act of 1872, he cannot sell any property or enter into any contract himself. In addition, according to Section 35 of the Registration Act, 1908, no minor can execute a document. A parent or other guardian can transfer property on behalf of a minor.

In matter of contract law

The free consent of the parties is an essential element in a contract. But a minor is not capable of giving free consent to anything. A minor is not competent due to intellectual immaturity. It is very natural for them to be influenced and persuaded. Therefore, a minor is not competent to enter into a contract. A contract entered into by a minor is invalid and void in all cases, whether influenced or induced or not. Such an agreement has no legal value. All individuals have the right to transfer their property in any legal manner. However, even if a minor owns their own property, it is not eligible for transfer. According to the provisions of the Contract Act of 1872, a minor cannot sell any property or enter into any contract on his or her own. If you buy property from them, or take out a mortgage, lease, or otherwise transfer it, the recipient does not acquire any rights.

In matter of employment law

According to existing laws in Bangladesh, children under the age of 12 cannot be employed in any industrial or business establishment.[12] Children over 12 years of age and under 14 years of age may be assigned light work, provided that it is not dangerous to their health and development and does not interfere with their education.[13] However, they cannot be made to work between 7:00 PM and 7:00 AM the next day, and they cannot be made to work more than 7 hours a day or 42 hours a week. Children over the age of 12 and under the age of 14 may not be made to work overtime, but in no case may they be made to work more than 48 hours in total per week.[14] According to the labor law, minors who have passed the age of 14 and are under the age of 18 can be employed if they have a medical certificate supporting their ability.[15] However, they cannot be assigned to any work involving heavy machinery[16], or any work underground or underwater[17]. They cannot be made to work from 7:00 PM to 7:00 AM.[18] Minors cannot be made to work more than 7 hours a day or more than 42 hours a week.[19] And even if they are made to work overtime, they cannot be made to work more than 48 hours a week.[20] When employed in a factory or mine, no juvenile may be made to work more than 5 hours a day or 30 hours a week, and even if overtime is required, no juvenile may be made to work more than 36 hours a week.[21]

In conclusion, we can say that in the eyes of the law, men and women are all equal, but in some cases, the law is not equal when it comes to age. Such discrimination in the law, which is necessary for the sake of justice, is called positive discrimination.

Author is an Advocate, Judge Court, Dhaka.

[1] Chapter 4, Section 82 “Act of child under nine years of age” of the Penal Code 1860

[2] Chapter 4, Section 83 “Act of a child above nine and under twelve of immature understanding” of the Penal Code 1860

[3]Chapter 6, Section 52 “Bail, etc” of the Children Act, 2013

[4]Ibid

[5]Chapter 5, Section 33 “Prohibitions on imposing certain types of punishment on children” of the Children Act, 2013

[6]Chapter 5, Section 34 “Detention order issued by the Juvenile Court, etc.” of the Children Act, 2013

[7]Ibid

[8]Ibid

[9]Rules 3 “Guardian for the suit to be appointed by court for minor defendant” and Rule 15 “Application of rules to persons of unsound mind” of Order 32 “Suits by or against minors and persons of unsound mind” of the Code of Civil Procedure, 1908

[10]Rules 1 “Minor to sue by next friend”, Rule 2 “Where suit is instituted without next friend, plaint to be taken off the file” and Rule 15“Application of rules to persons of unsound mind”  of Order 32“Suits by or against minors and persons of unsound mind”, of the Code of Civil Procedure 1908

[11] Section 3 “Age of majority of persons domiciled in Bangladesh” of the Majority Act 1875

[12]Chapter 1, Sections 2(63) “child”, Chapter 3, Section 34 “Prohibitions on the recruitment of children and adolescents”, Section 44 “Restrictions on hiring disabled workers in some cases” of the Bangladesh Labor Act of 2006

[13]Ibid

[14]Chapter 3, Sections 41 “Teenager’s working hours”, Section 44 “Restrictions on hiring disabled workers in some cases” of the Bangladesh Labor Act of 2006

[15]Chapter 1, Section 2(8) “Teenager”, Chapter 3, Section34 “Prohibitions on the recruitment of children and adolescents” of the Bangladesh Labor Act of 2006

[16]Chapter 3, Section 39 “Announcement of a list of hazardous jobs and prohibition of hiring minors in certain jobs” of the Bangladesh Labor Act of 2006

[17]Chapter 3Section 42 “Employment of minors prohibited underground and underwater” of the Bangladesh Labor Act of 2006

[18]Chapter 3 Section 41 “Teenager’s working hours” of the Bangladesh Labor Act of 2006

[19]Ibid

[20]Ibid

[21]Ibid