A High Court (HC) bench yesterday asked the government why it should not amend the Children Act 2013, as the court found that adults were being tried in the children’s court thanks to ambiguity in the act. The HC bench of Justice M Enayetur Rahim and Justice Shahidul Karim put this question to the secretaries of the Legislative and Parliamentary Affairs Division of the law ministry and the social welfare ministry when they appeared before the bench following its earlier directive. Under the Children Act 2013, only the children’s court is empowered to hold a trial if the victim or a witness is a child. However, the law does not specify which court is supposed to hold the trial if an adult is accused in a case under this law. The two secretaries admitted in court that there is an ambiguity in Section 17 of the Children Act and an amendment has to be made to eliminate that ambiguity. The process of amending the act is now in the final stage, they said.

The court hoped that the government would make the necessary amendment to the act for the greater interest of the people and to ensure justice for all. The court gave the government until January 15 to make the amendment.

On October 29, the same HC bench had directed the two secretaries to appear before it on November 12 to explain why the government did not amend the Children Act 2013 despite the ambiguity over trying an adult accused under the law.

Last year, on August 14, the HC was hearing four bail petitions when it had ordered the two secretaries to explain the ‘ambiguity’ in the Children Act 2013. However, they did not offer any explanation.

Again, on October 31 last year, the HC asked the two secretaries to explain in three weeks why a contempt of court rule should not be issued against them for not complying with its previous order issued on August 14.