FIGURE

In 2021 and 2022,

• in the Punjab, there were around 540 minors in prisons.
• in Sindh, 260 minors were imprisoned.
• in Khyber Pakhtunkhwa, there were 510 minors.
• in Balochistan, there were 55 minors.

Most of these juveniles were under-trial, reflecting the ongoing delays and backlogs in the judicial system.

The UN Human Rights Commission benchmarked 14 years as the minimum age for criminal responsibility The assumption behind this benchmark is that the person by this age can fully comprehend the nature of his/her actions and their consequences. The Commission, however, encouraged States to adopt a higher minimum age of criminal responsibility, if possible.

Section 82 of the Pakistan Penal Code 1860 sets 10 years as the minimum age of criminal responsibility, meaning that an offense committed by a child below this age cannot be considered an offense. Section 83 of the PPC says that nothing is an offense done by a child who is above ten and under-14 years of age.

Impact of Juvenile Delinquency

The impact of juvenile delinquency on children is profound and far-reaching affecting not only their well-being but also their long-term prospects and society as a whole. These effects have various dimensions, including psychological, social, educational, and legal consequences.

Children involved in delinquent behavior, whether as perpetrators or victims, often experience significant psychological trauma. This trauma can manifest in various forms, including anxiety, depression, post-traumatic stress disorder (PTSD), and behavioral disorders.

Juvenile delinquency can distort a child’s personality, leading to the development of anti-social traits, aggression, and low self-esteem. These distorted personality traits may persist into adulthood, impacting their ability to form healthy relationships and navigate society.

Children exposed to delinquency, whether through their actions or those of their peers, may struggle with emotional instability. This instability can manifest as mood swings, impulsiveness, and difficulty regulating emotions, which can hinder their social and academic development.

Juveniles in detention in different prisons have limited access to mental health services. Without proper support, the prisoners may struggle to cope with the psychological stress of incarceration.

Juvenile delinquents face stigma and social ostracization, both within their communities and among their peers. This stigma can lead to feelings of alienation, isolation, and a lack of belonging, exacerbating their anti-social behavior and hindering their rehabilitation.

Children involved in delinquent behavior are influenced by their peers, forming associations with other delinquents and engaging in risky behaviors to gain acceptance and validation. This peer influence can perpetuate cycles of delinquency and make it challenging for children to break free from negative social networks.

Juvenile delinquency can strain family dynamics, leading to conflict, breakdowns in communication, and a lack of parental supervision and support.

Dysfunctional family environments are characterized by neglect, abuse, or substance misuse which can contribute to a child’s propensity for delinquent behavior.

Juvenile delinquency often disrupts a child’s education, leading to truancy, academic under-achievement, and ultimately, school dropout. This disruption not only deprives children of valuable learning opportunities but also perpetuates cycles of poverty and social disadvantage. Children involved in delinquent behavior may face limited educational opportunities due to expulsion, suspension, or placement in alternative schooling programs. These limitations can impede their academic and vocational aspirations, perpetuating socio-economic disparities and hinder their prospects.

Reintegrating into mainstream education can be challenging for juvenile delinquents, as they may face discrimination, stigma, and a lack of support services. Without adequate educational support, these children are at greater risk of academic failure and disengagement from school, further perpetuating cycles of delinquency and social exclusion.

Consequences of Incarceration

Juvenile delinquents may face detention or incarceration, either in borstal institutes or in juvenile sections of regular prisons. Such incarceration can have profound and long-lasting effects on a child’s psychological well-being, social development, and prospects. Even after serving their sentences, juvenile delinquents face social stigma which can impede their reintegration into society and perpetuate cycles of recidivism and social exclusion.

Involvement in delinquent behavior can result in the creation of a criminal record, which can have far-reaching consequences for a child’s future life, including finding employment, international travel, admissions to educational institutions.

Criminal record can perpetuate cycles of poverty and marginalization, making it challenging for juvenile delinquents to reintegrate into society and lead law-abiding lives.

Abuse and Sexual Assault

Juveniles in detention are vulnerable to abuse, including physical and sexual assault, leading to physical injuries, psychological trauma, and long-term emotional distress.

Juvenile detainees are often reluctant to report instances of abuse due to fear of retaliation, stigma, or a lack of trust in authority figures and the criminal justice system. As a result, incidents of abuse may go unreported and perpetrators may continue to victimize other detainees with impunity.

Criminal Socialization

Detention in jail exposes juveniles to criminal socialization, where they may form relationships with other delinquent youth and adopt anti-social attitudes and behaviors. These connections can perpetuate cycles of delinquency and increase the likelihood of recidivism upon release. Without adequate intervention and support, juvenile delinquents are at risk of becoming habitual offenders, engaging in a pattern of repeated criminal behavior that escalates in severity over time.

Juvenile delinquents may become ensnared in gang activity, seeking belonging, protection, and identity in criminal organizations. Gang involvement further exacerbates the risks of delinquency, exposing children to violence, exploitation, and a heightened likelihood of incarceration or death.

Substance Abuse

Delinquent behavior is often associated with substance abuse and addiction, as children may turn to drugs and alcohol as a means of coping with trauma, peer pressure, or social alienation. Substance abuse further compounds the risks of delinquency, impairing judgment, increasing impulsivity, and heightening the likelihood of criminal behavior.

Lack of Rehabilitation Programs

Jails in Pakistan lack comprehensive rehabilitation programs for juvenile offenders, without which juveniles may struggle to reintegrate into society and avoid further involvement in criminal activity.

Laws

The Juvenile Justice System Act 2018 is a federal law which applies to the whole of Pakistan. It governs the treatment of children who come into contact with the criminal justice system. The Act is designed to protect the rights of children and to ensure that their needs are taken into account when they are dealt with by the legal system. 

The 2018 Act is a comprehensive law geared towards providing protection to children in conflict with law its implementation has been poor, leaving hundreds of children unprotected.