Exploring the Probation Service in Juvenile Justice in Bangladesh: A Review of Practice and Policy Gaps

Abstract

This study seeks to explore the practical situation of probation as a non-custodial alternative measure in the juvenile justice system in Bangladesh with a review of practice and policy gaps. Through a field survey, the study analyzes the effectiveness of the Child Development Centers (CDCs), Department of Social Services (DSS), and its probation officers to prevent recidivism. The justification of the study emerges from the urgent need to bridge the gap between the legal framework and the actual application of probation in the juvenile justice system. While the Children Act 2013 and the Probation of Offenders Ordinance 1960 promote the use of probation as a child-friendly, non-custodial alternative, its implementation remains sparse and inconsistent. In practice, the potential of probation as a rehabilitative and socially inclusive measure remains underutilized. Despite the existence of many legal provisions on probation, it is rarely implemented in Bangladesh. Due to a lack of a comprehensive legal framework, institutional setup and awareness among the concerned authorities, most of the delinquent children are deprived of a child-friendly justice system. This study analyzes existing probation-related laws and policies along with international guidelines, especially in areas that remain unclear or underexplored. It also evaluates how effectively the DSS functions and whether current probation laws help prevent juvenile delinquency.

Rajshahi Uni. Law Rev.Vol. XIII, 2024; p83-106