Handcuffed children produced in court

The police on Sunday produced two handcuffed children in a Dhaka court, although handcuffing children is against the laws of Bangladesh.

Delwar, a police constable, brought these two children to the metropolitan sessions judge's court at around 11:00am. They have been shown arrested in two separate cases filed with Kafrul police station.

The children are Sagar Sheikh and Robin Ali, who study in schools.

The birth certificate of Robin shows he is a teenager of 16 and a half years, but the case statement shows his age is 19. On the other hand, Sagar’s age is shown at 15 in the case, but his counsel claimed him a boy of 12 years.

Kafrul police arrested both the boys on 12 August in two separate cases for possessing illegal drugs. Since then, they have been kept in jail. Sagar was even put on remand for interrogation.

If a child bellow 18 years is arrested, law enforcers cannot apply handcuffs and rope around waist to the child, according to Section 44 of Children Act. 

Asked about this, officer-in-charge of Kafrul police station, Shikder Md Shamim Hossain told Prothom Alo, “I have to see the documents of the case to comment on the issue. If they are involved with any drug possession or trade case, they can be arrested and remanded so that the cases can be solved. Asking for remands is not a bad thing, either.” 

Jatiya Mahila Ainjibi Samity executive director Salma Ali, however said, “The police can, in no way, use handcuff for producing children in the court. It is a clear violation of Children Act and UN's children charter.”

According to Children Act, 2013, only juvenile court has the authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority.

Regulation 330 of Police Regulations says, “Using handcuff or rope is unnecessary and derogatory for the arrested or detained. Strict steps should not be applied to those who can be easily secured for their weakness and age.”

According to case documents, a Dhaka court on 13 August placed Sagar on a one-day remand after sub-inspector Sohel Rana, also investigation officer (IO) of the case, sought a five-day remand for him on charges of illegal drug trade. 

Meanwhile, the police arrested Robin on 12 August from Mirpur-13 area in another case relating to drug possession. He was sent to jail on 13 August after being produced in a Dhaka court.

Sagar and Robin, however, said they had no complicity with drug related crimes.

“We are two brothers. I study in class V at Haji Ali Hossain High School. My roll number is 17 in the class. I want to study further,” Sagar told Prothom Alo.

Robin said he is a student of class X at the Haji Ali Hossain High School. His father, Sultan, is businessman of jewellery.

Robin was denied bail for several occasions. On 27 August, his bail petition was rejected last. To consider his age in issuing bail plea, his lawyer attached his admit card of pre-test exam and receipt of school fees, then. Yet, he was denied bail.

Eminent jurist Shahdeen Malik said the judges are trained on children act but the training they get does not seem enough now.

Organising training sessions to know details of children act is needed immediately, he pointed out.