literature review on juvenile justice system in pakistan

Juvenile Justice System in Pakistan: A Critical Appraisal

• Hafiz Ghulam Abbas Assistant Professor, Department of Law, Bahria University, Islamabad.
• Anser Mahmood Chughtai Ph.D. Scholar, Department of Government & Public Policy National Defence University, Islamabad.
• Khalid Hussain Consultant Ombudsman Punjab.

This research delineates the concept of Juvenile Delinquency and unfurls the rudimentary underpinnings, requisites and contours of the Juvenile Justice System in Pakistan. In the second half of 20th century, the concern for protection of best interest of juveniles has attracted attention under international conventions and national legislation, whose overarching and overriding aim is to deal and manage this crucial issue of juvenile delinquency while keeping in view the ‘best interests of the child’ and ‘safeguard of their fundamental rights’. However, unfortunately some basic shortcomings persist in the overall Criminal Justice System of Pakistan to which Juvenile Justice System is a part, inter alia, overcrowding and inhuman conditions of detention centers, incapacitated staff of the prisons, callousness, abuse and exploitation at the hands of police, pathetic prosecution system and an overwhelmed judicial system whose eventualities culminate in problems for pre-trial offenders awaiting their trials, a fragile probation and parole system and lack of other diversionary measures to detention that can help reduce a great chunk of prisoners from already brimmed prisons. Juvenile Justice System particularly focuses upon not bringing the juvenile offenders encounter formal Criminal Justice System rather puts emphasis on alternate measures for the rehabilitation, re-socialization, and re-integration of the juveniles into the society. This research elaborately seeks to highlight the issues surrounding Juvenile Justice System in Pakistan and puts forward certain recommendations for the improvement of the said System with the aim of assisting policy and law makers to establish practicable strategies, translating Juvenile Justice System ‘on paper’ to ‘in practice’. For conduct of research doctrinal method has been employed with analytical and critical approach.

Mousumi Dey, “Juvenile Justice in India,” International Journal of Interdisciplinary and Multidisciplinary Studies 1, no.6 (2014): 64-70. Available online at http://www.ijims.com .

UN Congress, “Juvenile Justice: Before and after the Onset of Juvenile Delinquency” (working paper, Secretariat for the Sixth United Nations Congress, 180), 62-63, https://www.ojp.gov/ncjrs/virtual-library/abstracts/juvenile-justice-and-after-onset-delinquency .

Defence for Children International. Belgium DCI, 2007. https://defenceforchildren.org/dci-belgium/ .

Stephanie Hoffman and Corinne Baerg, “Juvenile Justice in Ghana: A case Study to Assess the Status of Juvenile Justice in Ghana” (paper, the Commonwealth Human Rights Initiative, 2011), 1-29, http://www.humanrightsinitiative.org/old/publications/ghana/JuvenileJusticeinGhana.pdf .

Barbara Henkes, “The Role of Education in Juvenile Justice in Eastern Europe and the Former Soviet Union” (paper series, Open Society Institute, 2000), 1-7, https://childhub.org/sites/default/files/library/attachments/347_410_EN_original_1.pdf .

Nikhail Roy, Mabel Wong, “International Standards for the Administration of Juvenile Justice and Examples of Good Practice,” International Journal of Law (2002): 1-25.

Articles 37, 39, 40 of CRC specifically touch the subject of the children who are in conflict with the law and require the special treatment for such.

The Beijing Rules 1985, The Riyadh Guidelines 1990, and UN Rules on the Protection of Juveniles Deprived of their Liberty 1990, The Tokyo Rules 1990.

Waiting for the Sunrise: Juvenile Justice in Pakistan. Islamabad (Washington: SPARC, 2003).

Article, 37, 39 and 40 of CRC particularly deal with the rights and protection of children coming into contact or conflict with the law.

Arshad Mahmood, “Child Rights in Pakistan: An Unfinished agenda,” The Express Tribune, November 19, 2014 https://tribune.com.pk/story/793859/child-rights-in-pakistan-an-unfinished-agenda/ .

This amendment was passed by the parliament on 19 April 2010.

Qindeel Shujaat, the State of Children in Pakistan (SOCP) (Islamabad, 2015). https://mohtasib.gov.pk/SiteImage/Downloads/WMS%20Committee%20report/SOCP.pdf .

The Juvenile Justice Ordinance 2000, Section 2.

The Sindh Children Act 1955, Section 5.

The Sindh Child Protection Authority Act 2011, Section 2(g).

Table developed for the purpose of this paper.

Substituted by Act X of 2016.

Khurshid Iqbal, “Judging Juvenility: Determination of age of Juvenile Offenders under Pakistan’s Juvenile Justice System,” Pakistan Journal of Criminology 1, no. 3 (2009): 105-118, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2305488 .

The point of law, which becomes the basis of a judicial decision.

Mustafa Tariq vs. Pervaiz Ahmad, 2003 MLD Lahore-High-Court-Lahore 431 (2002)

Asghar Ali vs. the State: 2002 MLD 1566 KHC Sindh; 2003 PCr.LJ 1212

Juveniles on Pakistan’s Death Row (Pakistan, Justice Project Pakistan and Reprieve, 2015), 1-14 https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/PAK/INT_CRC_NGO_PAK_21444_E.pdf (Accessed on 10 Oct 2017).

Rehmatullah vs. the State, 2015 PCrLJ-Quetta-High-Court-Balochistan 1163 (2015)

The Table developed by the authors for the purpose of this paper.

Pakistan Criminal Law Journal

Supreme Court Monthly Review

Pakistan Legal Decisions

Monthly Law Digest

Yearly Law Reporter

Muhammad Riaz vs. the State: 2001 YLR 3096(b) LHC; Zafar Hussain vs. Ayyaz Ahmed: 2012 YLR 2865(b) LHC; 2006 PCr.LJ 430; Umar Hayat vs. Jahangir: 2002 SCMR 629 SC; Subedar Sabir Ali vs. the State: 2005 YLR 821 LHC; PLD 2009 Lah. 535.

Review of 2003 and 2009 “Concluding Observations” of the UN Committee on the Rights of the Child for Pakistan. See for detail on https://www.refworld.org/type,CONCOBSERVATIONS,,PAK,,,0.html .

Pakistan: Submission to the United Nations Human Rights Committee, 120th Session, 3-28 JULY 2017, ASA 33/6380/2017 (London: Amnesty International Ltd, 2017), 1-22, https://www.amnesty.org/en/documents/asa33/6380/2017/en/

Wanger Tracery and Rizvi, Waiting for the Sunrise: Juvenile Justice in Pakistan (Washington: SPARC, 2003).

Juvenile Justice in South Asia, Improving Protection for Children in Conflict with Law (UNICEF, 2006), https://www.refworld.org/pdfid/51e7b5e24.pdf .

Imran Ahmed Sajid, “Juvenile Justice Policy: Gaps Identification and Role of Key Stakeholders in Pakistan,” Pakistan Journal of Criminology 1, no.3 (2009): 119-138.

O Connorand and M Cameron, Juvenile Justice in Australia-The Cambridge Handbook of Australian Criminology (London: Cambridge University Press, 2002).

Samra Fayyazudin, the State of Pakistan's Children (Washington: SPARC, 1st ed., 1998).

Basharat Hussain, “Social Reintegration of Offenders: The Role of the Probation Service in North West Frontier Province, Pakistan,” The Pakistan Journal of Criminology (2009): 26-39.

The State of Children in Pakistan (SOCP) (Islamabad: UNICEF, 2015).

Anees Jillani, Cries Unheard: Juvenile Justice in Pakistan (Islamabad: SPARC, 1999).

Juvenile Justice System Ordinance, 2018.

Table developed by the authors for the purpose of this study based on data published by SPARC in its series of reports titled “State of Pakistani Children”.

State of Pakistani Children (Washington: SPARC, 2013).

Guidence for Legislative Reforms on Juvenile Justice System. (New York: UNICEF, 2011).

Imran Ahmed Sajid, “Juvenile Justice Policy: Gaps Identification and Role of Key Stakeholders in Pakistan,” 119-138.

UNICEF, Juvenile Justice in South Asia, Improving Protection for Children in Conflict with Law 2006.

Jillani, Cries Unheard: Juvenile Justice in Pakistan. Islamabad.

Section 12 (b), JJSO 2000.

Section 16 (2), Juvenile Justice System Act, 2018.

Proviso Clause of Section 16 (Juvenile Justice System Act, 2018).

Jillani, Anees. Cries Unheard: Juvenile Justice in Pakistan. Islamabad: SPARC, 1999.

Criminal Prosecution Service Acts were passed subsequently after the promulgation of Police Order, 2002.

International Crisis Group working to prevent conflict world. Reforming Pakistan’s Criminal Justice System (Islamabad/Brussels: International Crisis Group, 2010).

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Juvenile Justice System in Pakistan

Maroof Sani

Citizens have the right to have their liberty and security respected under Article 9 of the constitution.  All the state institutions, whether the police department, the civil administration, or the judiciary, have a duty to respect these citizen rights and to ensure that they are not violated for any reason. In this regard, the police play an especially important role. This article explores the pervasive use of power by the police over juveniles under custody and how, when law enforcement agents exploits the power rendered to them by law, raises serious concerns regarding the violation of human rights.

Justice system for juvenile offenders

The Pakistani child justice system does not fully protect the human rights of child offenders, and the best practices in this area that are observed elsewhere are not observed in Pakistan. Although Pakistan has ratified the United Nations Convention on the Rights of the Child (UNCRC) and the International Covenant on Civil and Political Rights (ICCPR), and in accordance with these treaties, Pakistan has implemented legislation to protect the human rights of Juvenile offenders participating in the child justice system, with the goal of restoring and reconciling them into society. [1] However, in Pakistan the criminal justice administration has yet to eliminate dishonesty in reporting and registering crimes (including false charges to settle personal vendettas) via false First Information Reports (FIRs); influencing, pressuring or trying to coerce force on victim/survivors of crimes, whether adults or children. [2]  

The statistics on Juvenile detention centers and real number of detained individuals are grossly skewed. In their publication “The State of Pakistan’s Children”, the society for the protection of the rights of child (SPARC) reported on about 1500-2000 child offenders in Pakistani jails. However, in March 2021, this figure was estimated to be somewhat higher than 1300. According to the same news report ‘ninety percent of these perpetrators are just awaiting trial’. As of April 2021, there were 540 minors in Punjab prison including teenage girls, with over 464 awaiting trial. Sindh has around 260 minors imprisoned, KPK has 510, and Balochistan has around 55. [3]

As the Juvenile Justice Ordinance 2000 (JJSO 2000), miserably failed in safeguarding child delinquents because juvenile offenders were directed to serve barbaric and mediaeval time punishments, as in the case of Sher Ali 2001. Furthermore, Mohmmad Nadeem was sentenced to 273 years’ imprisonment by an additional session’s court in Lahore in 2000. [4]   Therefore the sluggish implementation of JJSO 2000 resulted in massive and irreversible losses to the entire concept of building a Juvenile Justice System, as many children were subjected to cruel penalties. In 2018, Juvenile Justice System Act 2018 (JJSA 2018) was passed by parliament, repealing the Juvenile Justice System Ordinance 2000 (JJSO 2000).  It is an improvement in the legislation, intending to enable the state to establish particular measures for the legal protection of child offenders, as indicated in Articles 23 and 25 of the JJSA 2018, and also to guarantee that the new law supersedes prior opposing or conflicting laws, which the JJSO 2000 did not achieve. [5]

Despite the Juvenile Justice System Act 2018 (JJSA 2018)  being in effect, minors have recently suffered discrimination and violence at police station and behind prison walls across Pakistan. Besides police custodial; deaths, JJSA 2018 has raised some other significant questions. JJSA 2018 stipulated that a kid arrested for breaking the law or being found guilty of an offence should be kept in an observation home rather than at police station. Moreover, the arrest of the child by the police should be communicated to the child’s parents or guardians, as well as the relevant probation officer. [6]  The Priyantha case can be seen as significant example for working of juvenile justice system in Pakistan. In this case, the court issued two independent judgement; one for non-juveniles and one for juveniles (as nine accused were juveniles). The separation was made in accordance with juvenile justice system Act of 2108. By ascertaining the ages of the accused at the time of inquiry, the police worked quite professionally in the case. In conjunction with prosecutors, police leadership and the main investigative report (under S.173 of the code of Code of Criminal procedure 1898) to the extent of minors. As a result, the court held separate trials for the accused and convicted them in accordance with JJSA2018. [7]

Despite Pakistan’s acceptance of the convention against torture in 2010, there is no clear law in Pakistan that criminalizes torture. Child offenders are frequently victims of torture, custodial death, and rape during police investigations and detention in jails. The unfortunate incident in Peshawar involving the death of a 14-year old boy drew widespread attention. He was discovered dead in the police station of West Cantt Peshawar, and as expected, police officers classified the death as a suicide, while relatives claimed their child was tortured. This case should be reviewed in light of section 176 of the CRPC 1898 for role attribution and determination of the true cause of death of that child who was apprehended and held in police station. [8]

Although S.20 of JJSA 2018 allows for the establishment of observation houses which are defined as facilities where juveniles are temporarily detained after being captured by police, after obtaining remand from a juvenile court, or otherwise for conducting inquiry or investigation. The said homes are to be made distinctly from police stations. [9] Despite S.20 of JJSA 2018 the juvenile prisoners in Pakistan remain at the mercy of an archaic, unjust penal system. A child’s innocence and naivety are further twisted in adult jails, where they are progressively transformed into heinous criminal offenders. The primary source of this problem is Pakistan’s inadequate juvenile justice system. There are now just two borstal facilities in Pakistan, however date shows that there are roughly 1400 juveniles in prisons, with 20% of them being girls. Worst of all, 90 percent of them are awaiting trial. In some of the worst cases in the past, juveniles waited for their trials until they became adults, after which the courts sentenced them to life in prison and executed them in their 30s and 40s without giving them the opportunity to become better citizens by putting them in rehabilitation centres. [10]

By incarcerating juvenile offenders we consign them to a life of crime. [11] The aforementioned violations of child offenders’ human rights in the child justice system can be avoided if the law applicable to child offenders- JJSA 2018, is effectively implemented in Pakistan and all the stakeholders (police, judiciary, prison authorities and forensic experts) responsible for the protection of juvenile offenders rights carry out their responsibilities diligently.

[1] Wajahat Ali Malik, ‘ Children and Justice System in Pakistan’ ( 17 February)<

https://pakngos.com.pk/children-and-justice-system-in-pakistan/> accessed 16 June 202

[2] https://www.sparcpk.org/SOPC2019/JJSO.pdf

[3] https://dailytimes.com.pk/803097/the-rotten-juvenile-justice-system-in-the-country/

[4] https://dailytimes.com.pk/664341/juvenile-justice-system-of-pakistan/

[5] https://www.sparcpk.org/SOPC2019/JJSO.pdf

[6] LUMS Law Journal, ‘Does Juvenile get a better law this time?’

[7] https://rsilpak.org/2022/criminal-justice-response-to-extremism-priyantha-case/

[8] Wajahat Ali Malik, ‘Juveniles and Criminal Responsibility’ Daily times (1 March 2019)

[9] http://www.paradigmshift.com.pk/juvenile-justice-system-act-2018/

[10] https://dailytimes.com.pk/849887/juveniles-in-pakistan-are-victimized-heres-why/

[11] https://dailytimes.com.pk/803097/the-rotten-juvenile-justice-system-in-the-country/

Author: Maroof Sani

The author is a third year LLB student and currently working as a research intern at RSIL.

Well written. Keep it up!

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Juvenile justice in pakistan: policy analysis.

Children are the backbone of any society. When they are handcuffed and treated worse than animals, the psychological effects can be devastating. The problems that the young “criminals” endure in prisons could range from hygiene issues to sexual and physical abuse. Similarly, apart from reinforcing the delinquent behavior, Pakistani prisons are a torture cell for children as they are exposed to harassment by police officers, overcrowding, malnutrition, poor sanitation, physical, mental and sexual abuse, along with a lack of regard for their basic human needs such as medical care, education and recreation. Furthermore, the treatment of these juveniles in the prisons is not to make them realize their mistake but to punish them. There are very few opportunities for them inside the prison and outside it. This issue is of high importance because if the delinquent behavior is not reprimanded, then the crime rate would increase, and the resulting mental health problems would be severe. Therefore, this policy brief aims to critically review the problem stream, policy stream and political stream regarding juvenile justice in Pakistan. To serve this purpose, data was collected through interviews and survey questionnaires. Subsequently, various policy alternatives were proposed and evaluated using Policy Delphi rankings and certain assessment criteria such as effectiveness, economic feasibility, social feasibility, political feasibility and ease of implementation that could be effective in improving the conditions of the juveniles in prisons while making them a productive part of society. 

Key findings

The JJSO 2000 and Juvenile Justice Act of 2018 were found to be important steps towards children’s rights in Pakistan. Although both acts were near to perfect on paper, due to lack of implementation, the positive effects of these laws could not be seen. Further analysis highlighted significant causes responsible for the abysmal and unfit prison conditions for juvenile offenders including ignorance of JJSO 2000 since the law was not only ignored by the police officers but in 2004, the Lahore high court also repealed the law abolishing the execution of children. Lack of accountability of police officers was another cause as in many of the cases, the children were innocent and the police either based their arrest on false allegations or the police faked the date of arrest. As a result, most children were kept in jails for as long as five months before appearing in court. Immature age of juvenile offenders since minimum age for arrest is 7-12 years in case of juveniles and shared cells with adult prisoners as the capacity of the Pakistani jails is far less than the number of prisoners due to which the juveniles were kept with adult criminals, or sometimes in death cells are some more causes. Lack of funds due to which no separate juvenile facilities or institutes were created in the country despite of the juvenile justice system ordinance of 2000, poor financial condition of juvenile prisoners since the children that were mostly accused of petty thefts, running kites or using drugs usually belonged to the low-income groups so no adequate steps were taken to insure fair treatment and safeguard of their rights, lack of awareness about rights due to which these children were easy targets for the police officers are additional causes. Moreover, the study conferred significant negative consequences of the delinquent behavior faced by juvenile offenders in prisons including psychological problems, financial issues as their families had to take loans to pay heavy fines, sexual and physical violence since according to the interviews carried out by the Justice Project Pakistan (JPP), 79% of the juveniles were subjected to severe beating, 7% suspension, 36% witnessed other people being tortured, 3% solitary confinement, 2% sexual violence amounting to penetration and 16% without penetration, transformation of immature juvenile offenders into hardened criminals after surviving the severe torture and abusive environment in prisons, and social stigmatization attached to being raped or sexually abused, which in turn, might restrict victims from speaking about such violations. Besides this, the results of impact mapping presented certain policy actors that could influence the policy process as being directly or indirectly involved with the issue of juvenile justice in Pakistan including government, judiciary, police, NGOs (i.e. Justice Project Pakistan or JPP) and the media. However, if no action was taken regarding the dreadful conditions in which a significant number of Pakistan’s youth is living, the plight of these juvenile offenders would only increase resulting in more criminal activities. Therefore, the study proposed significant policy alternatives in the broader context such as reforming the police system, implementation of previous juvenile laws (i.e. JJSO 2000 and Juvenile justice Act of 2018), reintegration policy, increasing awareness, and no action policy. Since there were certain trade-offs between different alternatives, the decision was made considering the most important assessment criteria i.e. economic feasibility, political feasibility and ease of implementation. According to the ranking of the criterion using the Delphi results, no action policy and increasing awareness were found as the most feasible solutions. This was only because our society valued economically feasible solutions over sustainable ones. However, ideally, the most viable solution that could bring about a positive and long-lasting change would be the reintegration policy. Although it could be a costly option, it would fulfill the principle goal of introducing an effective policy which would be better than a low-cost policy.

Implications

Spreading awareness is a short-term solution to the problem and can be considered as the first step to a series of measures that should be taken to prevent the problems faced by juvenile criminals. Awareness can be spread through collaboration of NGOs and the “all-powerful” media. Since this problem needs to be addressed to the masses, there would be two types of information. For the educated and upper classes, the information would focus on the atrocities faced by the juveniles in these prisons, enough to invoke their sense of activism. The second kind would be for the poor class who is mainly affected by this problem. This information could focus on the rights and laws that are in place for their child’s safety. The second step would be to introduce the most feasible policy after a clear assessment of risks, costs and benefits. The long-term policy which would be most effective in improving the conditions is the reintegration policy. Before the introduction of this policy, it is necessary that the population is made comfortable with the idea of these juveniles to be a part of society again. It is important that in the time during which awareness is being spread, enough funds are allocated and a committee is formed. Since this policy requires NGOs to help teach the juveniles vocational trades, the government would have to encourage more NGOs to work for this cause by providing better incentives. Since a clause of this policy would be that only extreme offenders would be locked up and the rest would have to attend reformatory schools with a probation officer, the committee should introduce a system of volunteers because the number of probation officers in Pakistan is low. After successfully completing the probation period, the volunteers could be given monetary compensation as well as honorary certificates. The ones who perform well could be offered permanent jobs. Moreover, there is a need to reform the police system for which the government should involve a special committee of people from all the provinces to address the problem of provincial disparity. The primary job of this committee would be to introduce a system of accountability in the police officers. Similarly, the trainings for the officers dealing with juveniles would be different as they must be taught how to act in a more humane way especially with juvenile offenders. This system of accountability should also include digitized reports and incentivization to ensure transparency. In addition to that, the current conditions of the prisons can be improved by proper implementation of previous juvenile laws (i.e. JJSO 2000 and Juvenile Justice Act of 2018). Since the new act like JJSO 2000 covers most of the problems that the young offenders face at the time of arrest and after it, the complete implementation of these laws can be the most feasible option. An effective way to implement these laws is that the government makes committees for all the provinces which would include members from the police, NGOs and others who would work in collaboration to ensure the smooth working of these laws. Other than that, there should be a system of remuneration to incentivize the relevant people by providing additional resources etc. Furthermore, there is a need for an efficient monitoring and evaluation to ensure that the goals are achieved in a set amount of time. In this case, the indicators of progress could be the number of trainings being held for the probation officers and others, number of activities being conducted for the juveniles, attendance of juveniles in reformatory schools, number of juveniles who used the skills taught to make a living for themselves, and number of juveniles who were brought back into the system and after how much time. However, the second step could involve data collection for these indicators. The data can be collected using logs, referrals, focus groups and in-depth interviews. After determining how the data will be collected, the next step could be to set a time frame for this data collection (i.e. data could be collected after six months and/or annually), but all of this should be digitized. Moreover, it is necessary to appoint officers who would be responsible for the data collection against each indicator. This team could be a mix of researchers, NGO staff, police staff and/or program staff. Subsequently, it would be necessary to calculate what percentage of the target has been achieved and/or to check the discrepancies, if any arise. Similarly, all the key stakeholders would be responsible to review the data and propose ways to further improve performance and efficiency.

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Juvenile Justice System in Pakistan

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Juvenile Justice System in Pakistan: An Overview

The treatment of juvenile offenders is a sensitive issue worldwide. In Pakistan, the Juvenile Justice System Ordinance (JJSO) 2000, now replaced by the Juvenile Justice System Act (JJSA) 2018, guides this process.

The JJSA aims to protect the rights of children involved in criminal proceedings. It mandates separate courts, probation services, and borstals (reformatories) for juveniles. It also sets strict rules on the detention and bail of underage offenders and prohibits capital punishment and life imprisonment for juveniles.

However, the implementation of the JJSA faces challenges, particularly regarding the establishment of separate juvenile courts and borstals. Lack of awareness about the law also often results in its non-application.

If your child is involved in a legal issue, it’s critical to seek specialized legal counsel. Advocate Faisal Iqbal Awan, at MJF Law, understands the intricacies of the juvenile justice system in Pakistan. He can provide valuable advice and representation, ensuring your child’s rights are upheld. For assistance, contact Advocate Faisal Iqbal Awan at [email protected] . Handling juvenile cases requires an understanding of both the law and the sensitivity it demands, and Advocate Awan is well-equipped for this.

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