Breaking the Cycle of Injustice: Investigating Restorative Justice Solutions for Street Begging Children in Dhaka City, Bangladesh through a Comprehensive Socio-Legal Analysis
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Type
Article
Date
2023-09
Journal Title
Indian Journal of Law and Justice
Journal Editor
Bandyopadhyay, Rathin
Journal ISSN
Volume Title
Publisher
University of North Bengal
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Haque, S. M. S., & Chakrabarty, S. P. (2023). Breaking the Cycle of Injustice: Investigating Restorative Justice Solutions for Street Begging Children in Dhaka City, Bangladesh through a Comprehensive Socio-Legal Analysis. Indian Journal of Law and Justice, 14(2), 34–64. https://ir.nbu.ac.in/handle/123456789/5060
Authors
Haque, S. M. Saiful
Chakrabarty, Shambhu Prasad
Advisor
Editor
Abstract
Street children in Dhaka are subjected to subtle abuse, exploitation, and violence,
like children in many third-world countries. Children are found in vulnerable
conditions in street-side homes, public walkways, local bazaars, in front of big
buildings, and at public gatherings. It contrasts with the UN SDGs' goals and
juvenile rights conferred by articles 02 to 41 of the UNCRC3, the Children Act
2013, and many other national and international laws. Is it not the responsibility
of the state to comply with the mandate under international laws and the
Constitution of the People’s Republic of Bangladesh. What role have the special
laws for women and children played in confirming safeguards from all forms of
discrimination and vulnerabilities? Children should be safeguarded and free
from all psychological, physiological, inhuman, and other nuances of human
exploitation. This contrast to development objectives and the frequency of
physical, emotional, and sexual abuse of street children in all spheres of social,
economic, and cultural life is a major problem that reinvestigated the efficacy of
the rule of law and challenged the restorative justice solution mechanism in place
for street children in Dhaka City, Bangladesh. A comprehensive socio-legal
analysis of the Children Act of 2013 was done using a mixed-methods approach.
The study sought to identify the challenges to the effective execution of the
Children Act 2013 in Bangladesh and explore how restorative justice approachescan break the cycle of injustice for the most deprived and vulnerable children in
society. The study explores the socio-legal perspective through doctrinal and
applied informatics approaches to explore, inter alia, the uprising rate of begging
children on the streets of Dhaka. The study's findings explore the shortcomings of
the restorative justice mechanism and attempt to address an alternative
mechanism to deal with the root causes of street begging and promote social
reintegration. This study included observations and interviews with key
stakeholders and reviewed relevant literature and aims to provide insight into the
effectiveness of protecting the rights and well-being of street children under the
current legal system in providing protection, rehabilitation, and reintegration of
street begging children under the Children Act 2013. The study addresses some
specific reformations of the policy framework and practises to ensure better
protection of the rights of street children and promote their social inclusion in the
mainstream of city stakeholders in Dhaka. The findings of this research are
expected to contribute to identifying evidence-based policy recommendations for
improving the lives of street-begging children in Dhaka City.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
14
Issue Number
2
ISSN No
0976-3570
eISSN No
Pages
Pages
34 - 64