The issue of the family relationship is very sensitive and complex. Especially when the crime is a sexual crime and the victim is a child, the issue becomes even more sensitive. When we analyze this issue, we have to find a balance between law, humanity and security.
Very recently in Bangladesh a little child Ramisa raped and killed by her neighbour of the next door. It was so pathetic and brutal incident. The court sentenced to death as early as possible to the criminal for the public sentiment and pressure. But the punishment has not been effective yet. Thousands of raoe case are still pending in diffrent courts.
We know the punishment for a person's crime should be limited to his imprisonment or legal sentence. After being released from prison, a person has the right to return to normal life. But when the question is about meeting or being close to children, the situation becomes different. Here, the safety and security of the child becomes greater than the rights of the offender.
the best interest of the child should always be given priority. The possibility of a person who has committed sexual violence or abuse on a child in the past cannot be ruled out by creating the same risk on his own child. According to experts, there is a certain rate of recurrence of sexual crimes, which can be a big threat to society and the family. Therefore, ensuring the safety of the child is the first responsibility of the guardian or the state.
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When a person destroys the dignity of that trust through a crime, it is natural for the right to that relationship to be decreased. After getting release from prison, that person may claim to have changed as a person but it is very difficult to confirm how much his mental structure or character tendencies have actually changed. In such a situation, allowing direct contact with the child can put the child at serious physical and mental risk.
We must remember that not only physical safety but also mental safety or trauma is very important. When a child's guardian is the cause of his abuse, having a relationship with him can create deep wounds in the child's mind. This becomes a major obstacle to the child's normal development.
Society emphasizes rehabilitation. If someone is truly reformed, will he be completely isolated? This is where the role of expert psychologists and social workers is needed. If a court or the relevant authority can ensure through close monitoring that the accused will not harm his child and the child is also mentally ready to meet him, then only a very controlled environment can be considered. But this should not become a general rule in any way.
I think it is impossible to solve this complex situation with any general rule or law. Where there is a little risk to the safety of a child, it is certainly better to keep the offender away from the child. Ensuring the safety of the child should be the main goal of society.
