Shortcomings of the Juvenile Justice System of Pakistan

"The way we handle young people who break the law reflects our national character"

Need of Juvenile Justice System and Juvenile courts:

About 45% out of the total Pakistan’s population is below the age of 18 according to UNICEF DATA 2020. Therefore, it is highly important to recognize the significance of JJS and Juvenile courts specially. Juvenile courts known as Child Courts or Child Protection Courts, been established in Pakistan under the Juvenile Justice System Act (JJSA) 2018 to deal with the juvenile delinquency. However, because of shortcomings in the law's implementation, the authorities have not been able to safeguard the juveniles before, during, or after the trial.

Juvenile Justice System (Photo Credit: Mubbashir Abbasi)

JJS of Pakistan:

Juvenile Justice System of Pakistan works under Juvenile justice system Act 2018 This act aims to provide juveniles with protection, proper legal proceedings, and rehabilitation opportunities. However, it is not fully operational due to its short comings and needs to be reformed.

There are salient shortcomings of the Juvenile Justice System Act 2018 which are mentioned below

Shortcomings of the JJSA 2018:

    1.    Absence of Legal Assistance

Legal assistance that is to be provided by the state according to JJSA  2018 is not granted to the juveniles because of the shortage of practitioners. That leads to the lingering of juvenile cases in the courts affecting the juvenile justice system and the adolescent too

2.  Shortage of Juvenile Courts (JC) 

The juvenile justice system demands separate courts of juvenile for their proceedings. To keep children away from the criminal environment the JJSA seeks for the separate courts known as ‘Juvenile Courts’. The state has been known to establish as few as 13 juvenile courts in Pakistan, which is concerning. Unfortunately, Islamabad being the capital territory, unable to provide a single record of JC

However, there is shortage of JC and in many cases, juveniles are kept in normal courts instead of JC. That is affecting the children mentally and physically making them more vulnerable to criminal activities.

 3. Lack of Rehabilitation Centers

To rehabilitate the juveniles, rehabilitation centers play a vital role in grooming their personality and developing skill set. Engaging the children in different activities by arranging playgrounds, vocational centers, primary and secondary education for them plays a commendable impact on them.

The daily routine in rehabilitation centers starts at 9 in the morning by motivational speeches in the assembly and every child participate in these activities based on rotation. Pakistan must support these fundamental changes in order to free society from this horrific chain of juvenile offenses.    

4.   Lack of Observation Homes

The Juvenile Justice System Act, 2018 also ensures the creation of observation homes, which are places where minors can be detained temporarily following an arrest or while on physical remand, raising important yet unresolved problems. Lack of observation homes is one of the major shortcomings in Pakistani juvenile system.

Unfortunately, since the JJSA's formation, there has never been a record of an observation home. Instead, juvenile offenders are caught and detained in adult jails, giving them opportunities to learn from adult offenders and increasing rates of criminal activity and violence. Naturally, due to the conditions provided for him in regular jails, a youngster of a sensitive age and mind who is imprisoned in an ordinary court will, upon his release, express his frustrations in brutal ways.

There is a serious need to build observation homes to keep the juveniles under control and observation. It can help to shape their personality even after their release.

According to an article much expected Juvenile Justice System Rules 2023 have been adopted by the Khyber Pakhtunkhwa government, bringing the 2018 juvenile law up to date, and helping juvenile offenders.

5. Special Training of Police

The Beijing Rules' Rule 12 draws attention to the requirement that police personnel involved in the conduct of justice undergo specialized training. Because a police officer is actively involved in a juvenile's inquiries, the parliament must provide rules for the associated parties' training and education.

 Conclusion:

Without a doubt, the JJS Act of 2018 is a historic piece of legislation concerning Pakistan's criminal justice system. However, the ongoing difficulty of execution discourages such enormous attempts. In Pakistan, there's always a disconnect between theory and practice. While governments enact laws, no proactive measures are made to ensure that these laws are applied equitably and maintain the rule of law.

To ensure the children's rights under global child rules, provincial and federal governments should each do their part to fairly implement the JJS Act of 2018. Pakistan ought to fulfill its legal responsibility on a global scale by putting these laws into effect.

The courts should fulfill their responsibility to safeguard the basic liberties of minors according to the laws so that our criminal justice system can give them a positive environment in which they grow as law-abiding, contributing members of society.