Shaheed Benazir Bhutto Law College

Naushahro Feroze

“JUVENILE JUSTICE SYSTEM AND ITS

IMPACT IN PAKISTAN”

Thesis submitted in partial fulfillment of the

Requirements for the degree

Subject: - (LLB 712- Research Project)

Prepared and Submitted By Supervised By

ASAD AHSAN Mr. Saleem Ahmed Dahri
Seat No: 2K17/LLB-16
 Certificate

This is to certify that thesis submitted by Asad Ahsan entitled

“JUVENILE JUSTICE SYSTEM AND ITS IMPACT IN PAKISTAN”
during the academic session 2017-2021 in partial fulfillment of the
requirement for the award of degree LLB (Honors) in SBB Law College
affiliated with University of Sindh Jamshoro, is a record of the candidate’s
own work carried out by him under my supervision. The matter embodied
in this thesis is original and has not been submitted for the award of any
other degree.

Supervisor Director
Advocate Saleem Ahmed Dahri Advocate Shukat Ali Bohio
Lecturer SBB Law College Lecturer SBB Law College
Naushahro Feroze Naushahro Feroze
 Acknowledgement

First of all I am very grateful to Almighty Allah who made me and empowered to
complete this research work.

Secondly, I thankful to my Supervisor Sir Saleem Ahmed Dahri, at Shaheed

Benazir Bhutto Law College Naushahro Feroze. Who guided and shared his
experience this thesis work..

Thirdly I would like to say thanks to those friends who helped me for collection of
material and also those who provided Such material regarding to this work.

DEDICATION

I Would like to dedicate this research work to my beloved parents, especially to

my father Baba Sain. Mr. Muhammad Ahsan Rajput

He is the person who encourage and appreciated to join this field "of Law.
Who always help, appreciate and Support in every step of life.
 TABLE OF CONTENTS
CHAPTER I
INTRODUCTION

Juvenile Justice System

Who is the Juvenile?
The Juvenile Court
Juvenile Justice System in Pakistan
Classification of Juvenile Justice System
The difference in JJSA 2018 from JJSO 2000
Problems of juveniles

CHAPTER II
HISTORICAL RETROSPECTIVE OF JUVENILE JUSTICE
Origins of the Juvenile Justice System
Establishment Of First Juvenile’s Courts
Conditions in Juvenile Jails in Pakistan
Abusive behavior in Juvenile’s Jails

CHAPTER III
LITERATURE REVIEW
Juvenile
Child
Best interest of the child
Juvenile Rehabilitation Centre
Appeal
Pakistan Penal Code 1860

CHAPTER IV
Convention on the Rights of Child
Article 25 (3) of the Constitution of Pakistan 1973
Distinguishes between minor and major offences
Safeguards for female juveniles
Arrest of a juvenile
Legal assistance

CHAPTER V
RECOMMENDATIONS FOR REFORM JUVENILE JUSTICE SYSTEM

Domestic Legislation
International Law
Designating Juvenile Courts
Establishing Juvenile Institutions
 CHAPTER VI
CASELAWS RELATING TO THE TOPIC

2009 PLD 777 SUPREME COURT

2014 PLD 791 SUPREME COURT
2015 PLD 145 SUPREME COURT
2009 SCMR 1073 SUPREME COURT
2007 PLD 202 SUPREME COURT

CHAPTER VII
RESEARCH METHODOLOGY

Research problem
Problem statement
Research Methodology

CHAPTER VIII
FINDINGS AND OBJECTIVE

Findings
Objective
Recommendations

CHAPTER IX

References
 CHAPTER I

INTRODUCTION
➢ Juvenile Justice System:

JJS Justice System is recognized as the handling the rights of youth, below the age of 18,
when they are in conflict with the law. Youth when arrested by the Police cannot be
treated as criminals before presenting them before the Juvenile court, within twenty four
hours, under intimation to his/her parents or guardians. They must be detained or
imprisoned in jails meant for juveniles and should be kept separately from adult
criminals’ jail. In this connection special vigilance is required to be exercised under the
JJSA 2018.

The JJS is a branch of the criminal justice system. The basic difference between the JJS
and the criminal justice system is that in Juvenile Justice System the rehabilitation of
juveniles is considered to be the primary goal, while that for the adults severe punishment
is essential. When youthful offenders are taken to the Juvenile courts, the judges also tend
to consider the background of the offender, before awarding sentence. The adults are,
however, held accountable for their crimes regardless of their background. There are not
only a high number of children in prisons detained in poor conditions but more
concernedly, often together with adult criminals and thus extremely vulnerable to abuse
and ill-treatment. There is also a very low age of criminal responsibility at 7 years with
continual reports of juvenile offenders sentenced to death and executed. These cases have
occurred even after the promulgation of the JJSO 2000. In addition to all this, there are
harrowing reports of torture, serious ill-treatment and sexual abuse of children by police
officers in the detention homes and other such institutions that show little regard for the
necessity of detaining juvenile separately from adults. Juvenile delinquency is that
behavior on the part of children which may under law, subject those children to the
1
juvenile court of law .

Who is the Juvenile?

Before the establishment of juvenile courts, children under the age of seven were never
held responsible for criminal acts. The law considered them incapable of forming the
necessary criminal intent. Children between the ages of 7 and 14 were generally thought
to be incapable of committing a criminal act, but this belief could be disproved by
showing that the youth knew the act was a crime or would cause harm to another and
committed it anyway. Today, all states set age limits that determine whether a person
accused of a crime is treated as an adult or as a juvenile. In most states, including
Pakistan young people are considered juveniles until age 18. Juvenile Crime, in law, term
denoting various offenses committed by children or youths under the age of 18. Such acts
are sometimes referred to as juvenile delinquency.
➢ The Juvenile Court:
The juvenile court is a noble institution, underfunded, often unappreciated institution
charged with the most important duty imaginable, protecting and reforming our children
when all else failed.

The juvenile court is one of the few places in society where the needs of children are
paramount and where a passion for helping children defines its work. In the juvenile
court, children are the absolute priority. The juvenile court is doing a creditable job under
adverse circumstances toward achieving these goals however, a better job is needed and,
fortunately, it can be achieved.

Most citizens see the juvenile court as an institution designed to deal with young
offenders who commit crimes. Although this may be its most public function, the
juvenile court is much more. The dispositions of child abuse and neglect cases and cases
involving the termination of parental rights are equally and increasingly important
functions that are essential to understanding the relationship between dependency and
delinquency.

The juvenile court system was founded with high goals. In theory, the system was
supposed to help and rehabilitate young offenders. It was designed to act as a guardian
looking out for the best interests of children. In practice, juvenile court often failed to
rehabilitate. It also denied young people the protection and rights guaranteed to adults. In

many cases, juveniles were processed through a system with few safeguards and little
2
hope of treatment .
➢ Juvenile Justice System in Pakistan:

On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act
(JJSA) 2018, which was passed by the Parliament earlier this year. JJSA 2018 overcomes
the shortcomings which were present in Juvenile Justice System Ordinance 2000, and
provides a much better system for criminal justice and social reintegration for juvenile
offenders. The Act defines a child according to the definition of UNCRC as ‘a person
who has not attained the age of eighteen years’.

In Pakistan money, land, sexual assault, illiteracy, honor killings, old enmity, and drug
addiction are the main factors causing increase juvenile delinquency. The recent
emergence of militancy “deeni madrisas” (religious education institutions) has further
exacerbated the situation. These institutions impart instruction in militancy and sectarian
hatred to young persons below eighteen years.

Rural juvenile delinquency in Pakistan is attributed to illiteracy, poverty, water theft,

factions and feuds, land disputes, terrorism, child trafficking, extortion, money grab. The
juvenile delinquency in big cities of Pakistan include trial under murder , attempt murder,
hurt, dacoity, robbery, burglary, drugs and motor vehicle thefts, in Karachi, Lahore,
Rawalpindi, Islamabad, Peshawar and Quetta.In Pakistan the data relating to juvenile
delinquency is not maintained properly due to the lack of resources or funds as well as
persons with computing skill in the prisons. Juvenile delinquency has become a universal
problem and it is rapidly spreading in every country of the world.
➢ Classification of Juvenile Justice System:
JJS Act 2018 classifies the criminal offences into following three different categories:

1) Minor, which means an offence for which maximum punishment under the Pakistan
Penal Code, 1860 is imprisonment for up to three years with or without fine. A juvenile is
entitled to bail in minor offences, with or without surety bonds by Juvenile court.

2) Major, which means an offence for which punishment under the Pakistan Penal Code,
1860 is imprisonment of more than three years and up to seven years with or without

fine. Bail shall also be granted in major offences with or without surety bonds by juvenile
court.

3)Heinous, which means an offence which is serious, brutal, or shocking to public

morality and which is punishable under the Pakistan Penal Code, 1860 with death or
imprisonment for life or imprisonment for more than seven years with or without fine. A
juvenile of less than sixteen years of age is entitled to bail in heinous offences, but a bail
3
is on discretion of court if juvenile is more than sixteen years of age .
➢ The difference in JJSA 2018 from JJSO 2000:

The JJSA 2018 is very different from JJSO 2000, and the following are some of its
salient new features.

❖ Right of legal assistance: every juvenile or child victim of an offence shall have
the right of legal assistance at the expense of the State. A juvenile shall be
informed about his right of legal assistance within 24 hours of taking him into
custody.
❖ Observation home: this means a place where a juvenile is kept temporarily after
being apprehended by police as well as after obtaining remand from juvenile
court or otherwise for conducting inquiry or investigation. Observation Homes
shall be made separately from police stations.
❖ Juvenile rehabilitation Centres: this is a special kind of prison established
exclusively for keeping juvenile offenders. The convicted juvenile, shall be
confined to the premises till the completion of period of imprisonment or until
they turn 18 years of age. Here convicts can receive an education as well as
vocational or technical training for their development and includes certified
institutions including women crises Centres.
❖ Determination of age mechanism: JJS Act 2018 makes it compulsory upon the
ranking officer-in-charge, or the investigation officer, to make an enquiry to
determine the age of any such alleged offender, who physically appears or claims
to be a juvenile. Age shall be determined on basis of accused person’s birth
certificate, educational certificates or any other pertinent documents. In absence

of such documents, age of such accused person may be determined on the basis
of a medical examination report by a medical officer.
 ❖ Disposal of cases through diversion: this is an alternative process of
determining the responsibility and treatment of a juvenile on the basis of his
social, cultural, economic, psychological and educational background, without
resorting to formal judicial proceedings. The complaint against a juvenile shall be
referred to the Juvenile Justice Committee for disposal through diversion. All
offences, either minor or major, shall be compoundable for purpose of diversion.
For major offences, diversion can only be exercised if the age of the juvenile is
not more than 16 years.

❖ Juvenile Justice Committee: this shall dispose of cases through diversion within
a period of one month from the date of the referral. The Committee shall dispose
of a case with consent of the complainant by resorting to different options,
including restitution of movable property, reparation of the damage caused,
written or oral apology, participation in community service, payments of fine and
costs of the proceedings, placement in juvenile rehabilitation Centre; and written
and oral reprimand. If the offence has been committed against a State and not
against an individual; the Committee may dispose of the case through diversion
with consent of the concerned public prosecutor. The Committee shall also
perform inspection of Observation Homes and Juvenile Rehabilitation Centres

and may give directions to concerned persons for welfare and social re-integration
of juveniles kept in these places.

The J.J. Committee is set to consist of four members, including a serving Judicial
Magistrate with powers under section 30 of CrPC (Head of Committee), District Public
Prosecutor, Member of local Bar having at least 7 years experience, appointed by the
concerned Sessions Judge for a period of 2 years and serving probation officer or social
welfare officer not below BPS-17. One thing that is missing is the presence of a qualified
child rights activist that understands the plight of the underage victims, and is equipped to
deal with their issues.

❖ Separate challan and trial of juvenile offenders: a juvenile shall not be charged
with and tried for an offence together with an adult person. But if it is in the

interests of justice to hold a joint trial of a juvenile and an adult, the juvenile court
may dispense with the physical presence of the juvenile and they may be allowed
to join the Court proceedings through audio-visual technology link.

❖ Imposition of penalty for disclosure of identity of juvenile or to publish

proceedings of juvenile court: JJS Act 2018 exclusively bars revealing the
identity of an accused juvenile to the public without the authorisation in writing of
the juvenile or their next-of-kin. The S.H.O, investigating officer or the juvenile
court can also grant permission in this regard.
 ❖ Special provisions for female juveniles: Female juveniles shall not in any
circumstances be apprehended or investigated by a male police officer or released
on probation under supervision of a male officer. A female juvenile shall only be
kept in a Juvenile Rehabilitation Centre established or certified exclusively for
female inmates.
❖ Removal of disqualification attached with conviction: A juvenile offender
convicted under the provisions of JJS Act 2018 shall not suffer a disqualification,
if any attaching to a conviction of an offence under such law.
❖ Preventive Detention: No child shall be arrested under any of the laws dealing
with preventive detention or under the provisions of chapter VIII of the Code of

criminal procedure.
➢ Problems of juveniles:

The literature review shows diverse dimensions, which include economic, social and
psychological aspects. Juvenile delinquency has also many other reasons. For example,
the environment in and outside the home, un-controlled population, poverty, bad impact
of media: TV, computer and mobile phones.

Keeping in view the conditions of juvenile delinquents in jails of Pakistan this study has
been conducted focusing on the problems of juveniles as per provisions of JJSA 2018. A
few problems worth mentioning are:
❖ Juvenile’s parents are not informed after his/her arrest.

❖ Juvenile are not presented before the court of law, within 24 hours of his/her
arrest.

❖ Juvenile delinquents are brought to the court hand-cuffed with adult criminals
❖ There are only two Juvenile Jails in Sindh, therefore, Juvenile delinquents are
kept with adult criminals, ignoring JJSA provisions.

❖ After release from jail when they are not accepted by the society they enter into
the field of crimes. Death sentence is against the provision of JJSA 2018.
 CHAPTER II

HISTORICAL RETROSPECTIVE OF JUVENILE JUSTICE

➢ Origins of the Juvenile Justice System:

The law has long defined a line between juvenile and adult offenders, but that line has
been drawn at different places, for different reasons. Early in United States history, the
law was heavily influenced by the common law of England, which governed the
American colonies. One of the most important English lawyers of the time was William
Blackstone. Blackstone’s widely read and admired by our nation’s founders.

➢ Establishment Of First Juvenile’s Courts:

Till 19th century, there were no concept of separate juvenile court; children and adults
were tried likewise in criminal courts. The 16th century educational reform movement in
England changed the idea of people that children are different than miniature adults, with
less than fully developed moral and cognitive capacities, fueled the movement for
juvenile justice reform.

In 1899, the first juvenile court was finally established in Cook County, Illinois, and by
1925, all but two states had followed. Borrowing from the British thinking, the doctrine
parens patriae (the State as Parent) served as the foundation for the newly established
right for the state to intervene and to provide protection for children whose parents did
not provide adequate care or supervision, such as in the case of juvenile delinquency. The
primary motive of the juvenile court was to provide rehabilitation and kind hearted
supervision for children. There were now significant differences in the juvenile and
criminal court systems. The focus of the juvenile court was on the offender, not on the
offense. Additionally, the focus was on rehabilitation rather than punishment. All crimes
by individuals under the age of eighteen were adjudicated in a juvenile court, with rare
exceptions (decided upon a case by case basis) when a waiver could transfer a youth to
adult court. The juvenile court, with its rehabilitative mission, could be much more
flexible and informal than the criminal court. A range of dispositional options related to
the child’s situation, and not only to the crime, was now available to a judge. In the
1950’s and 60’s public concern grew about the effectiveness of the juvenile justice
system, not because of the rehabilitative philosophy, but because of its perceived lack of
effectiveness and the number of juveniles who were detained indefinitely.

In the 1960‟s, the Supreme Court made a series of decisions that formalized the juvenile
courts and made them more like criminal courts. Formal hearings were required in
situations where juveniles were waived to adult courts, juveniles facing confinement were
required to be given the right to receive notice of charges held against them, and the right
to have an attorney, represent them. Proof beyond a reasonable doubt had to be
established, instead of just “a preponderance of evidence” for adjudication. In the 1980’s
the public perceived that juvenile crime was on the rise and that the system was too
lenient. Many states passed punitive laws, including mandatory sentences and automatic
waivers to adult court for certain crimes.

In the 1990’s this tough on crime trend accelerated. Transfer provisions made it easier to
transfer juvenile offenders to the criminal justice system. In the court process and in
5
detention, a greater emphasis moved from rehabilitation to punishment .
➢ Conditions in Juvenile Jails in Pakistan:

As reported in (2008) close to 80 out of total 153 convicted juvenile have been sentenced
to rigorous imprisonment in three provinces (Punjab, Sindh and NWFP), according to the
lists directly obtained from the Offices of the Inspector General of Prisons. In addition to
the juveniles confined in Punjab, Sindh and NWFP, it is not known what type of
punishment has been handed down to 17 convicted juveniles in Baluchistan. The majority
of the children are charged with petty thefts, drug trafficking, mobile phone snatching,
one wheeling, kite flying, kidnapping, rape, murder etc.

These juvenile offenders, who are forced to stay behind bars for long periods of time or
even for that matter for short period, suffer from harsh and inhuman treatment at the
hands of the jail staff, older prisoners as well as the society once they are out. Within the
four walls of the prison these children are denied basic rights such as education, health,
recreation, safety and security, respect and dignity etc.
➢ Abusive behavior in Juvenile’s Jails:

The extent of torture in police custody, of which much remains unreported, is highly
disturbing. A medical team which interviewed 200 children in the youthful offenders
Industrial School in Karachi, found that almost 60 percent of the boys had been subjected
to major torture including severe beating, electric shock, handing (and ) cheera (forced
stretching apart of the legs, sometimes in combination with kicks to the genitalia.
According to Dawn 2004) “Raabia, eight, and her five year old sister were sexually
abused after the police, under the charge of Zina, arrested their mother. All the five
children of Parveen were with her relatives, as her husband was also put into prison under
a kidnapping offence. I can still feel those harsh hands running over my body touching
my private parts, and that rough male grip, not giving me any chance to shout for help.
That devil humiliated my soul. It didn’t end there; he then raped my younger sister. She
has scars all over her body. No one was there to help us,” added Rabia expressionlessly.
It was reported the abusive treatment with an innocent youth which is as bellow:

“The case of Zeeshan Budd is a staunch reminder of the kind of abuses faced by inmates
in detention. Zeeshan, a 17-year-old, was picked up on the evening of January 17, 2008,
in the jurisdiction of Shah Lateef Town in Punjab. He was not informed of the charges
against him, his family was not told of his arrest that night, and he was neither sent to a
remand home nor appointed a probation office, which is required under Pakistan's JJSO.
Instead, he was stripped at the police station, beaten and interrogated, during which time
three officers raped him. A video of the rape was recorded on an officer's mobile phone."
Zeeshan's grandmother paid Rs.5, 000, half the requested bribe demanded by the officers
to release Zeeshan. However, even after the payment was made, the boy was kept in
detention, sent to court.

According to doctors the strange ironic is that such victims themselves may later become
sexual abusers. Needless to say, other laws in police custody are also being violated.
Children are put in overcrowded cells with adults. Here they may be subjected to sexual
abuse. And although the police is required to bring the child before the magistrate within
24 hours, the child may remain in their custody for days, even weeks. One child
interviewed by Human Rights Watch had spent three months in police lockups. Such
cases are not easily detected as police falsify the date of capacity arrest. The surprising
thing to note in Pakistan is that almost all the prisoners are customarily from the lower
class and majority of them are poor. In this Islamic country it seems that all the rich
peoples are endowed with angelic virtues. They are treated as if they are above the law
and the prisons are for poor people only. However, once in a while, a rich person is sent
to jail and within a few days the news appears that he is ill and has been hospitalized.
Against the Islamic law and in contradiction to the sayings of Holy Prophet (PBUH), in
Pakistan, a convicted President is empowered to write off a decree issued by the Supreme
Court of the country against a convicted minister. Leaders/politicians are allowed A or B
category with all the facilities including satellite TV, mobile phones, homemade food and
young bonded servants as well.
 CHAPTER III

LITERATURE REVIEW
➢ Juvenile:

According to section 2 clause (h) of JJSA 2018, juvenile means, a child who may be dealt
7
with for an offence in a manner which is different from an adult .
➢ Child:

According to section 2 clause (b) of JJSA 2018, child means a person who has not
attained the age of eighteen years.
➢ Best interest of the child:
According to section 2 clause (a) of JJSA 2018, best interest of the child means the basis
for any decision taken regarding the child to ensure fulfillment of his basic rights and
needs, identity, social well-being, physical, emotional and psychological development.
➢ Juvenile Court:

According to section 4 of JJSA 2018, No person shall be appointed as a Judge of a

Juvenile Court unless he is or has been a Sessions Judge or an Additional Sessions Judge
or a Judicial Magistrate vested with powers under section 30 of the Code of criminal
procedure or a practicing advocate who has at least ten years standing at Bar and the
latter shall be appointed on such terms and conditions as the Government may determine
in consultation with the concerned High Court. If any court taking congnizance of an
offence finds that an accused brought before it is a juvenile, it shall transfer his case to
the Juvenile Court for further proceedings. On taking cognizance of an offence, the
Juvenile Court shall decide the case within six rnonths.

Where the case is not decided within six months, the Juvenile Court shall seek extension
from the high Court concerned explaining the reasons for not being able to decide the
case within prescribed time-limit. If no such extension has been sought by the Juvenile
Court, the complainant or the juvenile may make an application to the High Court in this
11
respect .
➢ Report of probation officer:
 According to section 14 of JJSA 2018, The probation officer shall assist and prepare a
report on direction of the Juvenile Court within such time as may be directed by the Court
at any stage regarding:

(a) juvenile's character, educational, social and moral background.

(b) juvenile's admission of committing an offence, if any, has been rnade with free
consent and voluntarily.

(c) Any evidence that the juvenile actually committed the offence.

(d) All legal and appropriate assistance provided at all levels to juvenile for his
understanding, concept and consequences, even to the child's family and guardian.

(e) Steps taken for mediation or compromise with the complainant or victim and
possibility of settlement and

(f) Possibility of sending the juvenile to Juvenile Rehabilitation Centre or release on

12
probation .
➢ Appeal:
According to section 18 of JJSA 2018, any person convicted by a Juvenile Court may
prefer an appeal in accordance with the provisions of the Code.

In case of a juvenile offender, the appeal may be preferred by guardian acting on behalf
of the juvenile.The Govemment or any person aggrieved by an order of acquittal passed
by the Juvenile Court may, within thirty days, prefer an appeal against such order in
13
accordance with the provisions of section 417 of the Code of criminal procedure .
➢ Pakistan Penal Code 1860:

According to section 82 “Nothing is an offence which has been done by a child under
seven years of age”. According to section 83 “Act of a child above seven and under
twelve of immature understanding. Nothing is an offence which is done by a child above
seven years of age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct on that occasion.
 CHAPTER IV

RIGHTS OF JUVENILE OFFENDER

➢ Convention on the Rights of Child:

Pakistan is a signatory to the Conventionon the Rights of Child (CRC). Article 37 of the
CRC asks state parties to ensure the following:

(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment
or punishment. Neither capital punishment nor life imprisonment without possibility of
release shall be imposed for offences committed by persons below eighteen years of age.

(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and shall be used
only as a measure of last resort and for the shortest appropriate period of time.

(c) Every child deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into account the needs

of persons of his or her age. In particular, every child deprived of liberty shall be
separated from adults unless it is considered in the child’s best interest not to do so and
shall have the right to maintain contact with his or her family through correspondence
and visits, save in exceptional circumstances.

(d) Every child deprived of his or her liberty shall have the right to prompt access to legal
and other appropriate assistance, as well as the right to challenge the legality of the
deprivation of his or her liberty before a court or other competent, independent and
impartial authority, and to a prompt decision on any such action.
➢ Article 25 (3) of the Constitution of Pakistan 1973:
Pakistan is under an obligation to safeguard and protect the rights of children. With this
backdrop in mind, it is crucial that laws relating to juveniles should be focused on the
disposal of cases through diversion and social-integration of juvenile offenders and for
any law to provide specific procedures to carry out the same so that these processes can
be carried out in an effective manner and in the best interest of the child. The Juvenile
Justice System Act 2018 has been promulgated to deal with these issues and its
predecessor the Juvenile Justice System Ordinancehas thereby been repealed.
Before delving into the merits of JJSA, it is first important to highlight the legal
challenges that arose out of the operation of the JJSO. A common issue under JJSOwas
determining whether a juvenile court would have jurisdiction if a juvenile committed a
terrorism offence or an offence that fell under the anti-terrorism court. A perusal of case-
law under JJSO shows that there are two categories of cases. One category states that if a
juvenile has committed a terrorism offence, ATC shall have jurisdiction to try the case
whereas the second category states that even if a juvenile has committed an offence under
the Anti-Terrorism Act, it should be tried by a juvenile court, especially in relation to
offences falling under items 1 and 3 of the Third Schedule of ATA (PLD 2006 Karachi
331; PLD 2003 SC 656). The first category of cases was also strengthened by the fact
that Section 14 of the JJSO did not curtail or limit the power of Anti-Terrorism Courts
pertaining to a child’s trial but clarified that the provisions of the Ordinance should have
been applied in addition to and not in derogation of any other law in force for the time
being. Furthermore, Section 21-G of the ATA states that all offences under this Act shall
be tried (exclusively) by the Anti-Terrorism Court established under this Act. This lack of
clarity became an issue in determining whether a special court such as an ATC or a
narcotics court should have jurisdiction over a juvenile offence.

JJSA has attempted to deal with this issue. Section 23 of the Act states that the provisions
of the law will have an overriding effect notwithstanding anything contained in any other
law in force for the time being. However, further clarity will still be needed in light of
Section 21-G of the ATA and especially in relation to offences falling under items 2 and
4 of the Third Schedule of the ATA.
➢ Distinguishes between minor and major offences:
JJSA distinguishes between minor and major offences and both of these are treated as
bailable offences for the purpose of acquiring bail. In relation to the investigation of a
juvenile, a juvenile shall not be interrogated by a police officer below the rank of a sub-
inspector and the designated investigation officer shall be assisted by a probation officer
or social welfare officer notified by the government to prepare the investigation report
that is to be annexed with the report prepared under Section 173 of the Cr.P.C.
➢ Safeguards for female juveniles:
Section 17 of the JJSAprovides safeguards for female juveniles. The Actstates that no
female juvenile shall in any circumstance be apprehended or investigated by a male
officer or released on probation under the supervision of a male officer. A female
juvenile shall only be kept in a juvenile rehabilitation centre established or certified
exclusively for female inmates. The Act also provides for a penalty for disclosing the
identity of a juvenile and provides for the making of Rules under the Act to implement
the same. These provisions will go a long way in reintegrating delinquent juveniles into
the society and improving Pakistan’s compliance with international human rights
standards. However, all of this depends on the proper implementation of these provisions.
Lack of implementation of key provisions of JJSA 2018 will ultimately render the
legislation ineffective and deprive young offenders from their constitutional right to a fair
trial.
 ➢ Arrest of a juvenile:

According to section 5 of JJSA 2018, The arrested juvenile shall be kept in an

observation home and the officer-in-charge of the police station shall, as soon as possible,
inform guardian of the juvenile, if he can be found of such arrest and inform him of the
time, date and name of the Juvenile Court before which the juvenile shall be produced
and inform the concerned probation officer to enable him to obtain such information
about the juvenile and other material circumstances which may be of assistance to the
Juvenile Court for making inquiry.
➢ Legal assistance:

According to section 3 of JJSA 2018, every juvenile or a child who is victim of an

offence shall have the right of legal assistance at expense of the State.A juvenile shall be
informed about his rights available under the law by a legal practitioner within twenty
four hours of taking him into custody.A legal practitioner appointed by the Government
or by the Juvenile Court for providing legal assistance to a child victim of an offence or a
juvenile shall have at least seven years standing at the Bar.

CHAPTER V

RECOMMENDATIONS FOR REFORM JUVENILE JUSTICE SYSTEM

➢ Domestic Legislation:

The Constitution of Pakistan contains sufficient safeguards against arrest and detention.
The person detained is required to be promptly informed of the grounds of arrest,
produced before the court and provided the assistance of a legal counsel under article 10
of Constitution of Pakistan.Retrospective or double punishment and self-incrimination
are prohibited under article 12 and 13 Constitution of Pakistan.The Constitution
guarantees the dignity of man and prohibits torture for the purpose of extracting evidence
under article 10 Constitution of Pakistan. It requires the State to make appropriate
arrangements for the protection of child under article 35 of Constitution of Pakistan.

Such constitutional safeguards are duly reflected in the criminal law. The Pakistan Penal
Code 1860 confers absolute presumption of innocence on a child below 7 years of age
and a rebuttable presumption on a child between 7 - 12 years of age. The Criminal
Procedure Code 1908 provides that a child under 16 years of age may be released on bail,
even if accused of a non-bailable offence carrying death penalty or life imprisonment.
The Code further provides for the confinement of a youthful convict (under the age of 15
years) in a reformatory school wherein necessary training should be given to such
offender. It empowers the court to release a first time convicted offender not punishable
with death or life imprisonment, below 21 years of age, on probation of good conduct
instead of being sentenced Similarly, the court having regard to the age of a convicted
person imprisoned for up to two years, may release him after due admonition.
The Reformatory Schools Act 1897, the first special law on the treatment of juvenile convicts
-- provides for the establishment of schools where male child convicts, below 15 years of
age, may be kept. The Act provides for the proper training of such inmates. The inmates may
have to spend from 3 to 7 years in such school. Similarly, the Punjab Borstal Act 1926 speaks
of the establishment of borstal schools, for segregating adolescent prisoners (below 21 years
of age) from adult ones, and giving them industrial training. The Act provides for the
regulation and management of such schools. The Act further provides for a
Visiting Committee with power to cause the release of an inmate on license. The Sindh
Children Act 1955 is a consolidating and amending law on the custody, protection,
treatment and rehabilitation of youthful offenders. This Act remained inoperative for
some time and was enforced only in 1976. It applies to children under 16 years and
accords them special rights in the areas of bail, trial and sentencing. The Punjab Youthful
Offenders Ordinance 1983 is the latest law on the subject, but has not yet been enforced
except in District Sahiwal. The law contains fairly modern notions and latest concepts on
the treatment and rehabilitation of juvenile delinquents, below 15 years of age. It
provides for the establishment of separate juvenile courts and prescribes special
procedure for the arrest/detention, custody and trial of juvenile delinquents. It also sets up
corrective schools and institutions for their placement and rehabilitation.

The Government has already initiated the process of reviewing the existing laws and
procedures so as to bring them in conformity with the provisions of the CRC. Children
placed in borstal institutions are required to be given proper facilities of accommodation,
food, health, education and training so as to reform and rehabilitate them in the society.
➢ International Law:
The international instruments, namely, the Charter of the United Nations, Universal
Declaration of Human Rights 1948 and International Covenant on Civil and Political
Rights 1966, lay special emphasis on the inherent dignity and worth of human person.
Preamble of the Charter of the United Nations, Art 10 of International Covenant on Civil
and Political Rights 1966. They guarantee liberty and security of person, Art 4 of the
Universal Declaration of Human Rights 1948, Art 9 of the International Covenant on
Civil and Political Rights 1966 prohibit torture as well as cruel, inhuman or degrading
treatment or punishment. Art 5 of Universal Declaration of Human Rights 1948; Art 7 of
the International Covenant on Civil and Political Rights 1966 and the arbitrary arrest or
detention of a person. Art 9 of the Universal Declaration of Human Rights 1948 and Art
6 of the International Covenant on Civil and Political Rights 1966,they also prohibit the
imposition of death sentence for a crime committed by a child below 18 years of age. The
Convention on the Rights of the Child 1989, which came into force in 1990, has so far
been ratified by 182 States, including Pakistan. Pakistan ratified the Convention on 12
November 1990, In terms of number of accessions, the Convention stands almost at par
with the Charter of the United Nations. Such an overwhelming response reflects the
determination of the international community to improve the status and conditions of
children and work for their welfare and development.

The Convention contains three articles, namely, Article 37, 39 & 40, which give a fairly
exhaustive account of the rights and safeguards available to juveniles.
➢ Designating Juvenile Courts:
 Due to gaps in legislation as well as non-enforcement or flawed-enforcement of laws,
children facing trial or detention, have to face great hardships. The Commission takes the
view that financial constraints may prevent the government from resolving all the
problems in one go, but it would be wrong to assume that even small and moderate steps
in this respect cannot be taken. Given the political will and sincere commitment to
implement the principles of the Convention, a gradual process of its
enforcement/implementation can and must be initiated. Separate courts must decide
juvenile cases, but all such courts cannot be created at once. This problem, however, can
be overcome by designating some, from among the existing courts, to act as juvenile
courts. This, of course, will increase momentarily, the burden of such courts, but a
gradual increase in the number of judicial officers, will ultimately resolve the problem.
Let a modest but gradual programme of creating separate juvenile courts is planned in
such a way that the process is completed within the next 5 years.
➢ Establishing Juvenile Institutions:

In the same way, planning must be made and action initiated for the establishment of
juvenile institutions. Currently, there are only two separate juvenile jail-cum-borstal
institutions in the country, one at Bahawalpur (Punjab) and the other at Landhi (Sindh). In
NWFP, a separate juvenile circle has been established in the Central Prison at Peshawar.
Similarly, the Prison at Haripur also has a juvenile camp, situated at Nathiagali. In
Baluchistan, the convicted juveniles are housed separately at the Central Prison at Mach.
Elsewhere in the country, complete separation of the juveniles from adult prisoners has not
been effected. In places where it is done, the environments as well as conditions are far from
satisfactory. This is so because juvenile sections are created within the precincts of jails.

International instruments and domestic law lay emphasis on the separation of juveniles
from adults, not just in prison but also while in police/judicial custody, so that the young
offenders are saved from abuse and criminal contamination. The Government must,
therefore, prepare a planned strategy for resolving this problem. To start with,
arrangements must be made for separating juveniles from adults in all prisons. But
segregation alone will not be sufficient; conditions inside such places must also improve,
making them conducive for the education, training and rehabilitation of its inmates. The
Government must also plan simultaneously for establishing separate juvenile institutions,
equipped with necessary facilities of board and lodging including medical care and
educational/training arrangements.
 CHAPTER VI

CASELAWS RELATING TO THE TOPIC

➢ 2009 PLD 777 SUPREME COURT:

S. 302(b). Juvenile Justice System Ordinance (XXII of 2000), S.7. Qatl-e-Amd, Death
sentence, If a convict wishes to avoid death penalty on account of being less than 18
years of age, the onus would be on him to prove his minority for the purpose.Where an
accused claims minority then such a plea must be taken by him at the earliest available
opportunity and he should not be allowed to throw surprises at the prosecution and at the
fag end of the trials or at appellate or revisional stages depriving the prosecution of
opportunities to rebut such claims in a proper manner. Whenever such a plea is raised, the
courts of law could fall into error by accepting the same only because some school
certificate. Provisions of S.7, Juvenile Justice System Ordinance, 2000 mandate a proper
inquiry into the said issue wherein the courts should require production of evidence for
proof of age in accordance with the manner and the procedure prescribed by the Qanun-e-
Shahadat, 1984 and wherein the other side is also afforded opportunities which are
envisaged and guaranteed by the Qanun-e-Shahadat. Entertaining documents handed
down from across the bar and then acting upon the same, would be fraught with 'the
danger of the courts being misled into passing unwarranted orders-Such-like documents
should never' be accepted without first testing their authenticity and genuineness which
would be possible only if the procedure prescribed by the Qanun-e-Shahadat was
followed and where the accused was also put through the requisite medical examination.
Exercise undertaken by the Trial Court as also by the High Court, to resolve the issue in
question, in the present case, was disapproved and Supreme Court observed that
consequent findings about the minority of the convict could not be sustained. Supreme
Court further observed that the court would have ordinarily remanded the matter to the
Trial Court to hold a proper inquiry in the matter and to determine the question of the
convict's age afresh but since some other material was available on record which offered
a valid ground to sustain a sentence of imprisonment for life and not to award the normal
penalty of death to the convict in case his conviction was maintained, therefore, in order
to avoid an avoidable further delay court had decided to dispose of the matter on its
present record.
➢ 2014 PLD 791 SUPREME-COURT:
Juvenile Justice System Ordinance (XXII of 2000), S.7 Constitution of Pakistan, Art.185
(3), Claim of juvenility. Determination of age of accused. Procedure, Court relying upon
copies of Secondary School Certificate and National Identity Card of accused without
verifying their authority. Doubt regarding claim of juvenility, whether benefit of such
doubt was to be extended to accused. Plea of petitioner that at the time of determining
age of accused High Court relied upon copies of his Secondary School Certificate and
National Identity Card without verifying as to whether said documents were genuine or
not, that the accused had never claimed before the Trial Court at any stage that he was a
juvenile, even during the time of recording of his statement under S.342, Cr.P.C. and
memorandum of appeal filed before the High Court, that High Court erred in law by
holding that in case of doubt regarding age of an accused, the benefit of such doubt was
to be extended to the accused person, whereas the law as declared by Supreme Court in
various judgments was that in case of doubt regarding age the onus of proof was on the
accused to establish his claim of juvenility through positive evidence, and if there was
any doubt left in the matter then the accused could not take advantage of such doubt.
Pleas raised by petitioner required consideration, therefore, Supreme Court allowed
petition for leave to appeal and granted leave for the purpose.
➢ 2015 PLD 145 SUPREME COURT:

S. 302(b), Juvenile Justice System Ordinance (XXII of 2000), S.7. Qatl-i-amd,

Reappraisal of evidence. Delayed claim of juvenility. Accused had never claimed at any
stage of the trial that he was a child, he had never agitated before the High Court that he
was a juvenile and he had led no evidence before any court regarding his date of birth,
Any belated attempt made by the accused in such regard before the Supreme Court may
not be met with approval or acceptance. Mere mentioning of the accused's age in his
statement recorded under S.342, Cr.P.C. was not a conclusive determining factor
regarding his actual age for the purposes of declaring him a juvenile. Appeal was
dismissed accordingly and claim of juvenility was rejected.
➢ 2009 SCMR 1073 SUPREME COURT

S. 7-Constitution of Pakistan (1973), Art.185 (3), Age of accused person. Entry of date of
birth in the register "Dakhil Kharij" and in "Provisional Result Certificate" were not
independent sources of information about the age of the accused because both the
documents followed the information volunteered by the student himself or someone
connected with him. Such documents, therefore, could not be found to be conclusive
proof of the concerned person's date of birth. In the present case, evidence of date of birth
offered by accused through birth certificates was a dubious affair and opinion of Medical
Board that he was of about 19 years, having not been challenged, and proved before the
High Court, had attained finality. Finding of Trial Court that accused was not a child at

the time of occurrence, did not appear to be open to any exception. Supreme Court
converted petition for leave to appeal of the complainant into appeal and allowed the
same by setting aside the impugned judgment of the High Court.
➢ 2007 PLD 202 SUPREME COURT:

S. 302(b)-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10 (3).

Juvenile Justice System Ordinance (XXII of 2000), Ss.7 & 12, Reappraisal of evidence.
Juvenile offender. Determination, Retracted judicial confession. Conviction on the basis
of such confession. Accused after committing Zina bil Jabr with deceased girl caused her
death by strangulation.On arrest, when accused was produced before Magistrate, he
confessed his guilt but during trial he retracted from confession. Despite the fact that
confession was retracted, Trial Court found it true, voluntary and confidence-inspiring
thus convicted the accused and awarded him death penalty. Conviction and sentence
awarded by Trial Court was maintained by Federal Shariat Court. Plea raised by accused
was that he was a juvenile at the time of commission of offence thus capital punishment
of death could not be awarded to him. Making of confession by accused, soon after his
arrest would strongly suggest that confession was free and voluntary and was not
obtained through inducement or coercion. Analysis of judicial confession of accused, in
the light of medical evidence led to the conclusion that no other person, except accused
was responsible for murder of deceased. Supreme Court declined to take any exception to
concurrent findings of Trial Court and Federal Shariat Court, For the purpose of
determination of age, birth certificate was considered authentic evidence and more
reliable as compared to school leaving certificate. Prosecution did not bring on record any
evidence in rebuttal challenging correctness of date of birth of accused given in his
school certificate and Trial Court on the basis of oral assertion of prosecution that
accused was major at the time of occurrence, raised presumption that accused was adult
and disbelieved school leaving certificate on the ground that it was not a substantive
evidence to determine the age.Trial Court also did not give any credence to the opinion of
doctor and further Federal Shariat Court had not properly attended to the matter. Section
7 of Juvenile Justice System Ordinance, 2000 provided that for determination of age,
medical report regarding age could also be considered. Supreme Court in the light of

school leaving certificate of accused and medical evidence, according to which he was
less than 18 years at the time of commission 'of offence, held that at the relevant time
accused was a juvenile. Accused was sentenced to death under S.302 (b) P.P.C. as Tazir
and as at the time of commission of offence, he was a juvenile. Supreme Court
maintained the conviction but converted death sentence into imprisonment for life.

CHAPTER VII
 RESEARCH METHODOLGY

Research problem:

To research on juvenile delinquency is a vast and broad field as it covers many areas
under its consequences. Such as its causes, patterns, impacts and methods to respond it
are changing from state to state from one health system measures to another and norms
regarding its damages on all the proceedings are seen. I will focus on its present and
future causes and will suggest strongest measures to respond it in all sector specially
Judicial Justice system institutions and organizations. No doubt there will be many
hurdles and challenges. There can be some hurdles and challenges, while conducting the
data by interviews and survey during this pandemic covid -19 has become spread in
almost all part of. Maybe it also create some problem in gathering information regarding
its causes and consequences from the secondary data like reports, annual gazettes which
posses a proper number of incidents took place , number of FIRs etc and statistical
figures of different departments. There is other chance of occurring problem which is
quite serious firstly that whether the victims who survived successfully due to any reason,
or detained to another punishment
instead of death will it be easy for researcher to access them and will they ready or agree
to give interview and share their case studies and incidents or they will reject to interact,
but my focus will be only on the victims who faced many challenges during pandemic.
On other side it would be easier and convenient for me being a member of Pakistan legal
united society to work with the Human Rights Commission of Pakistan, Women
development Department, and Women Complaint Cell Hyderabad being researcher to
interact with all types of victims specially female victims as compare to male because it
might be hard to find male victims or maybe they refuse to respons e because this is a
sensitive issue regarding the current pandemic situation. As my study is focused under
the premises and jurisdiction of Hyderabad Sindh so maybe there would be an issue of
security because most of the areas are considered remote areas and under influence of
Feudal lords and as my issue is quite sensitive in nature so maybe they create hurdles for
me to reach the victims and interact with them individually. The inappropriate and
incomplete record and poor monitoring system may create problems to calculate the
frequency and ratio of such cases of juvenile delinquency.

Problem statement:

It is description of research problem in precise and summarizes form that what a

researcher want to do/find and want to propose in his/her research area. Even in
today’s modern era this outdated/out-fashioned practice, where technology is available
in all sectors, the juvenile delinquency affects are seen on its peak. But there is usually
different motives behind this pandemic that can be known as weaknesses relating to
enforcement from the public officials and factors related crimes and other legalized
ways. I have chosen this topic b/c I have my personal interest in it, I want to discover
and find out the core and grass root causes by meeting with the judges, lawyers, police
officials, Prosecutor, social activists, students, other related female and juvenile
victims who are survived/alive and suffering from other punishments as discussed
above to know their life conditions as to propose possible measures and solutions as
well as the recommendations to different social and law enforcement departments and
NGOs for their support and help and reduction of this delayed practice.
Research Methodology:

Research methodology is the specific procedure or technique used to identify select,

process and analyze information and data about the topic of researcher. In a research
paper the methodology section usually answers two main questions: how was the data
collected or generated and how was it analyzed. Simply a research method is a systematic
plan for conducting research.

In my thesis work the data will be collected for this theme is based on both qualitative
and quantitative research methods will be used because it examines the topic in depth and
contains subjective and objective information that can provide in detail about future
policy of judicial justice system.

Methodology will be primarily involved Case studies, interviews and questionnaires

from victims, lawyers, judges, police officials and representatives of Government
departments, NGOs to reveal information about the root causes of juvenile delinquency
in Hyderabad and phenomenon of justice system and its related crimes, the
questionnaires will contain both close ended and open ended questions as data may be
explored clearly and easy to generalize the results. Secondary method will also be used
along with primary method for data collection by go through from internet resources,
books, journals, articles and reports of different NGOs and departments as the facts and
information may be analyzed and compared. The study and examination about present
judicial justice system in hyderabad Sindh, provisions of law/ current legislation and
reasons behind their unimplementation/failure in dealing with the cases properly and role
of other enforcement agencies by data analysis. The study seeks intervention that
explores and contributes to provide justice as possible in better way without any further
delay in any tough situation to improve access to quality justice and other socio-
economic opportunities in order for all victims to realize that justice always happened. I
will put on new practical and useful recommendations that will contribute in raising
awareness to respecting, preventing and protecting rights of victims of pandemic. My
targeted group will be only the Judicial Institutions and victims and representatives of
relevant department/NGOs. The simple random sampling method will be used in this
research.
 CHAPTER VIII

FINDINGS AND OBJECTIVE

➢ Findings:

In Pakistan the juvenile delinquency is approaching at a high level and the law authorities
or individuals linked with it is paying attention to understand the frequent and stern
dangers produced to the health, societal and ethical improvement of juvenile and society.
Most of these delinquents are those children that increasing frequent with the rapid
population growth, urbanization and poverty. Consequently most of these children find
themselves in contradict in the classroom during the erudition. However behaving these
juvenile during learning process with adults, it cause a long lasting impact of bad
criminals that are a type to an existing crime society. It is very disgusting that researches
are not being used to improve the teaching arrangements for the juveniles in jails.
Concluding all the aspects of research report it is found that most of the young once one
are indulged in criminal activities like pick pocketing, robbery, taking drugs, drugs
selling, murder, mobile snatching, car lifting , suicide bombing, this is all because of
unemployment, and poverty as majority of them belongs to lower socio-economic status.
The future of any nation depends upon the children but in Pakistan the children don’t
have even the basic facilities, food and clean water by birth. Lake of basic facilities leads
them to be criminals and courts make them professional. It is necessary to change the
system to avoid such crimes and for the solidity of Pakistan.

The world accepts the theory that offenders are not born but are produced by the society
where they are living in. Children are said to be the future leaders of a nation but in
Pakistan the poverty ridden children suffer from the day they first open their eyes in such
an environment. As already mentioned above, the common problem of such children is
age, which is an indicator of social behavior. Poverty and Illiteracy are also considered as
the main causes of all crimes. It is evident from the analyses that motivated by law
violator, and training by adult criminals in Jail turn them into criminals when the society
denies accepting them. Unstable or large families without adequate means or with
criminal tendency in the family are also taken as the causes of juvenile delinquency.
In order to protect the children from delinquency it is essential to eliminate Poverty,
Family conflict, negligence on the part of parents and the Government, and the
immorality that is being infused in the minds of youths by media. The evaluation of data
manifests that the number of delinquents is increasing rapidly in direct proportion to
population growth in SINDH, due to the negligence of the government. These juveniles,
many of them innocents, when find in conflict with the law are put in jails with adult
criminals due to insufficiency of Juvenile Jails. This system is creating a never ending
breed of new criminals, who are poor and their needs compel them to do a crime, when
society refuse to accept them when they are released from jail.What makes the situation
more critical is that Pakistan has a population of 165 million i.e. almost half or 49% are
under the age of 18 years while 22 % are adolescent (10-18 years). When such a huge
number of the population is living below the poverty line, then it is but natural that these
offenders have no other way but to indulge themselves in crimes.
 ➢ Objectives:
❖ To identify causes of delinquency.
❖ To explore the factors responsible for delinquents.

❖ To investigate the effects of delinquent behavior on performance in the classroom.

❖ To grow out delinquent behavior.

❖ To give suggestions to overcome the problems of delinquents.

❖ To find out the causes of delinquency.

❖ What could be the possible ways to avoid from it?

❖ Help society acquire knowledge and skills needed to carry out their
responsibilities and rights.

❖ Help individuals to increase their thinking skills and decision making process.
❖ Help students understand causes of juvenile crime.

❖ Help students understand the juvenile system.

❖ Help students use skills in finding, comprehending, organizing, communicating

information, and ideas.

❖ Apply questions to decision-making situations.

❖ Identify the role of the courts and the juvenile.

❖ Identify the role of the Juvenile Court.

❖ To arise the issues of juveniles in jails.

❖ To promote the rights of juveniles.

➢ Recommendations:

On the basis of the findings of the study the following suggestions are put forward:
❖ Parents education especially mother’s education matters a lot to intending and
renovate the child’s behavior in a positive manner as it is common saying that the
best school for a child is the lap of a mother.

❖ Separate juvenile courts should be created/designated for the trial of children in

every district of Sindh.

❖ The Government should establish separate juvenile placement institutions for the
protection, reform and rehabilitation of juvenile offenders. Appropriate facilities
for board, lodging, health care, education and training of the inmates must be
provided in such institutions. Where appropriate, philanthropists, NGO
representatives and other volunteers may also be associated in the task.

❖ Parents and government should focused on the survival rights such as the basic
needs that children enjoys for ample growth and health including, medical care,
shelter, nutrition and clothing because most of the children are deprived from it.

❖ The home environment should be respectable, trusty, sympathetic and hospitable

and have mutual cooperation and understanding for friendly environment.

❖ Society should have educational and recreational facilities for mending a child
with access to education skills, training, recreation and social security.

❖ The government should put stern collective effort to eradicate such societal
tribulations from it and government keep check and balance over police
department that how police managed and treat those juveniles and media as well
that what type of programs it released.
❖ At state level the decisions should be taken on social improvement and
modifications, to shun the juvenile association in such crimes.

❖ Media can play a vital role to engage in recreation of child in form of public
awareness regarding delinquent’s behavior, and society’s including parents
attitude towards them electronic and print media.

❖ Juvenile delinquency is a flimsy matter that needs full attention of persons

involving to solve these substances thus for handling this child, special knowledge
and expertise is required for both jail staff and lawyer.
❖ In jails police staff needs to be more educated psychologically, because if they are
good psychologists they may be empathetic and understanding towards the
delinquents.

❖ Legal and social provisions must be provided to protect children from misuse,
drug abuse, sexual abuse and vindictiveness and inequity.

❖ To enable the children to express their viewpoints on such matters which are
distressing their lives including freedom of their choice, their daily life situation
because if they are consulted regarding their matters they may take good quality
decisions about their lives.

❖ The staff and personnel responsible for managing the juvenile justice system, namely,
police personnel, judicial officers, probation officers, prison staff, court personnel
and lawyers, etc must be given proper orientation/training so that they are sensitised
to and educated about the manners and methods of handling children.

❖ The courts should promptly decide the bail applications, keeping in view the best
interest of the child. At the bail granting stage, the court may also consider sending
the child under the supervision of probation officer or guidance of parents/guardian.

❖ Custodial sentences of children should be minimised. The courts while disposing

off juvenile cases, should consider employing other appropriate alternative
methods, namely, restitution, financial compensation, placing the child in the
care/guidance/supervision of a family member or probation officer or putting the
child to community service, thereby ensuring the constructive utilisation of his
potential/energies.

❖ The factual situation reveals that there are only two jails in Sindh for juvenile
delinquents; one is in Karachi and the other is in Hyderabad. Majority of the
delinquents are kept with and dealt with adults criminals, ignoring the root causes
of antisocial behavior that exist in Jails. The delinquents silently suffer from a
variety of mental health and skin problems in jails. There is a need to seriously

study these disorders and must be provided with medical facilities, so that when
they are released from the prison they could spend a peaceful life.

❖ Juvenile should not be tried with adult criminals because juveniles are immature
and their decision making capability is not fully developed. Their imprisonment
with adults is the cause of a bigger risk to our society. The Police and prison
 staff's training must be also based on character building. Only God-fearing High
ranking Officers should be posted in Juvenile/Women Jails.

❖ Though it is true that not every child can be rehabilitated, but it is still unwise to
ignore their education and training to convert them into good citizens. Treating
juvenile delinquents in the same way as adults will not end the cycle of criminal
behavior. The only positive solution to limit juvenile delinquency will be to treat
them as per JJSA 2018. There is a need to increase Juvenile Jails and Juvenile
Courts, in all the Districts of Pakistan, and to monitor and improve the conditions
of Juvenile Jails as per requirements JJSA 2018.

❖ The existence of JJSO of Pakistan was presenting a very disappointing picture.

JJSA 2018 has ensured that as soon as a juvenile is arrested, his/her guardian and
the concerned probation officer are immediately informed. The arrested juvenile
child must be produced before the juvenile court within 24 hours, as admissible
under the rules. The one who is arrested for a petty offence must be released on
bail even without surety. Juvenile should never be produced handcuffed or put in
fetters, forced to suffer corporal punishment or hard labor while in custody. The
responsible police officer/staff should be severely punished.

❖ The juveniles detained in Borstal institution must have the facilities of education
and training for their mental, moral and psychological development. The shameful
plight of juveniles in jails in Hyderabad Sindh cannot be described in words,
especially the brutal sexual abuses by adult criminals as well as Police staff

posted there.
CHAPTER IX

➢ References:
❖ Holy Quran’s Surat Al-Maidah
❖ 2009 PLD 777 SUPREME COURT
❖ 2014 PLD 791 SUPREME COURT
❖ 2015 PLD 145 SUPREME COURT
❖ 2009 SCMR 1073 SUPREME COURT
❖ 2007 PLD 202 SUPREME COURT
❖ Art 10 of International Covenant on Civil and Political Rights 1966.
❖ Art 4 of the Universal Declaration of Human Rights 1948.
❖ Art 9 of the International Covenant on Civil and Political Rights 1966
❖ Art 5 of Universal Declaration of Human Rights 1948.
❖ Art 7 of the International Covenant on Civil and Political Rights 1966.
❖ Art 9 of the Universal Declaration of Human Rights 1948.
❖ Art 6 of the International Covenant on Civil and Political Rights 1966.
❖ Constitution of Pakistan by M.Mahmood.
❖ Juvenile Justice System Act, 2018.
❖ Pakistan Penal Code by M.Mahmood.
❖ Code of Criminal Procedure by M.Mahmood.
❖ SPARC Report 2017.