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The definition of a child, as outlined in various laws and acts in Bangladesh, plays a

crucial role in determining the rights, protections, and responsibilities accorded to


individuals below a certain age. The Children Act of 2013, Section 4, unequivocally
establishes that all persons up to the age of 18 years are regarded as children under its
purview. However, different legal statutes provide varying age thresholds to define a
child, each tailored to the specific context and objectives of the respective legislation.
This assignment aims to explore the diverse definitions of a child under Bangladeshi
law, drawing from acts such as the Narcotics Control Act, the Child Marriage Restraint
Act, the Guardians and Wards Act, and more. By examining these legal provisions, we
can gain a comprehensive understanding of how the concept of childhood is legally
conceptualized and protected in Bangladesh.

The Children Act, 2013, Section 4 Child.Notwithstanding anything contained in any


other law for the time being in force, all persons up to the age of 18 (eighteen) years
shall be regarded as children for the purposes of this Act.

Bangladesh Labour Act, 2006, Section 2 ( 63 )


‘child’ means a person who has not completed his fourteenth year of age;

Prevention of Violence Against Women and Children Act, 2000


Section 2 (k) “child” means any person not exceeding sixteen years of age.

Prevention of Violence Against Women and Children Act, 2000


Section 2 (f) “new-born child” means any child below forty days of age.

Domestic Violence (Prevention and Protection) Act, 2010


Section 2 (18) "Child" means a person below the age of eighteen years.

The Penal Code, 1860 Section 82. Nothing is an offence which is done by a child
under nine years of age.

The Penal Code, 1860 Section 83. Nothing is an offence which is done by a child
above nine years of age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct on that
occasion.

The Guardians and Wards Act, 1890 Section 4 (1) “minor” means a person who,
under the provisions of the Majority Act, 1875, is to be deemed not to have attained his
majority:

THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933


Section 2 "child" means a person who is under the age of fifteen years.

THE CHILD MARRIAGE RESTRAINT ACT, 2017 Section 2(4) “child marriage” means
a marriage to which either or both of the
contracting parties are minor.

Narcotics Control Act, 2018 Section 52. Procedure of Trial of a child accused.-
Whenever a child is accused of committing
any drugs offence, the provisions of the Child Act, 2013 (Act No.24 of 2013) shall be
applicable for it.
The Prevention and Suppression of Human Trafficking Act, 2012 Section 2(14)
‘child’ means a person who has not completed his eighteen year of age.

The Majority Act, 1875

Section 3. Subject as aforesaid, every minor of whose person or property or both a


guardian, other than a guardian for a suit within the meaning of 2[Schedule I, Order
XXXII of the Code of Civil Procedure, 1908,] has been or shall be appointed or declared
by any Court of Justice before the minor has attained

the age of eighteen years, and every minor of whose property the superintendence has
been or shall be assumed by any Court of Wards before the minor has attained that age
shall, notwithstanding anything contained in 3[Succession Act, 1925,] or in any other
enactment, be deemed to have attained his majority when he shall have completed his
age of twenty-one years and not before.

Subject as aforesaid, every other person domiciled in Bangladesh shall be deemed to


have attained his majority when he shall have completed his age of eighteen years and
not before.
Conclusion:

The legal definition of childhood in Bangladesh, as evidenced by various acts and


statutes, plays a vital role in shaping the rights, protections, and overall well-being of
individuals below a certain age. The Children Act of 2013 serves as a comprehensive
framework by categorizing all persons up to 18 years old as children, providing a broad
scope of protection and support. However, it is important to recognize that different laws
introduce nuanced definitions of childhood based on specific contexts and objectives.

Through our examination of acts such as the Guardians and Wards Act, the Child
Marriage Restraint Act, and the Narcotics Control Act, we have gained insights into the
diverse age thresholds used to define a child. These variations reflect the specific
concerns and considerations of each legislation, addressing issues such as
guardianship, child marriage, and child accused in drug offenses.

While variations in age thresholds exist, it is crucial to ensure harmonization and


alignment across different legal frameworks to guarantee consistent and comprehensive
protection for children. The comparative analysis of these definitions reveals potential
areas for improvement and highlights the importance of a unified approach to child
protection and welfare.

By understanding the legal definitions of childhood in Bangladesh, we can better


advocate for the rights and well-being of children and work towards a society that
fosters their healthy development and full participation. It is essential to continue
assessing and updating these definitions to address evolving challenges and safeguard
the best interests of children across the country.

In conclusion, the multifaceted definitions of childhood within the legal landscape of


Bangladesh highlight the commitment to protect and promote the rights of children. By
recognizing and engaging with these definitions, policymakers, stakeholders, and
communities can work collaboratively to ensure the holistic development, well-being,
and future success of the nation's children.

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