Overview

Juvenile justice is a branch of criminal law applied to individuals who, at the time of committing an offense, are under 18 years old. The primary aim of the juvenile justice system is rehabilitation, rather than punishment, to prevent the stigmatization associated with a criminal conviction and to reduce the likelihood of reoffending.

As of December 2019, there were 1,424 juveniles in Pakistan’s jails. Of these, only 214 were convicted, while 1,210 were still awaiting trial. Juvenile inmates in these prisons often face challenges such as overcrowding, malnutrition, physical abuse, inadequate medical care, and insufficient recreational facilities. The goal of the juvenile justice system is to exclusively focus on the reformation of these young offenders.

Approaches and Strategies

Despite the children’s rights outlined in the United Nations Convention on the Rights of the Child (UNCRC) and other international human rights standards, as well as national laws such as the Juvenile Justice System Act (JJSA) of 2018, many children in Pakistan suffer due to shortcomings in the juvenile justice system, which requires significant improvement and reform.

Recommendations

1. Age Determination Mechanism: The federal and provincial governments need to establish and implement an effective age determination mechanism using modern scientific and technological tools.

2. Juvenile Offenders’ Databases: Strengthen and computerize juvenile offenders’ databases at the provincial and district levels. These databases should be updated and disaggregated by age, sex, offense, sentence, geographic origin, and type of detention facility.

3. Review Pakistan Prison Rules: Review and revise the Pakistan Prison Rules in accordance with the provisions of the JJSA 2018.

4. Establish Juvenile Courts: Create separate, exclusive juvenile courts with trained judges, prosecutors, investigation officers, probation officers, medico-legal officers, psychologists, and child rights experts. Strengthen existing juvenile courts where they already exist.

5. Juvenile Rehabilitation Centers (JRCs):

   • The Government of Balochistan should establish its first JRC promptly, followed by additional centers in each district in a phased manner.
   • The Government of Khyber Pakhtunkhwa should transform the Bannu and Haripur Borstal Institutions into model JRCs and subsequently establish a JRC in each district.

6. Amend Relevant Laws: Amend all relevant laws, including the Anti-Terrorism Act (ATA) 1997, the Control of Narcotics Substances Act 1997, and the Hudood Ordinances 1975, to align with the principles of juvenile justice and child rights.