Plight of juvenile justice

Children rot for years, tried as adults, face life imprisonment 

LAHORE: The Juvenile justice system to curb crimes committed by children and protect their civil rights leaves a lot to be desired when it comes to action.

One such example is the case of Mohammad Nadeem, a child who was sentenced to 273 years in prison for a crime he committed when he was a child. This, along with several other cases, reflects the utter failure to protect and rehabilitate child offenders.

The Juvenile Justice Act (JJA) 2018, attempted to rectify the failings of the previous ordinance by introducing measures for the legal safety of juveniles. It does provide a comprehensive framework for an effective system, but the problem lies in implementation.  According to Section 82 of the Pakistan Penal Code, any crime committed by a child below 7 years of age is non-punishable. Moreover, no act committed by a child between 7 and 12 years is to be considered an offence if the child does not have a sufficient understanding of the nature and consequences of his or her actions.

When Pakistan ratified the United Nations Convention on the Rights of the Child (UNCRC) as well as the International Covenant on Civil and Political Rights (ICCPR), it vowed to protect the rights of juveniles. However, the practical implementation of the vow has been almost non-existent. A juvenile is meant to be protected under the law. In this regard, the Juvenile Justice Ordinance was introduced in 2002 which failed miserably.

Ideally, this system ensured measures to rehabilitate child offenders. Separate courts are in place for juvenile cases, and offenders are supposed to be kept in observation homes and rehabilitation centres rather than police stations. It is also mandatory to complete the trial within six months and the proceedings of the court are not to be publicised. The child has to be offered the right legal assistance, and in case of collusion, there needs to be a separate trial for the juvenile under a separate judge. Moreover, a juvenile cannot be given the death penalty and the Act also promised a Juvenile Justice Committee at every subdivision under a serving judicial magistrate. In the case of a female offender, the proceedings are to be handled by female police and probation officer. The Act also encourages probation to be awarded rather than a prison sentence.

Despite these measures, minors all over Pakistan continue to suffer due to various flaws. Trials are prolonged unnecessarily and children are treated as fully-grown adults during proceedings. They are subjected to police torture as well as discrimination and usually, there is no probation officer involved.

While talking to Bol News, 14-year-old Muhammad Ali apprised that after he was arrested in August for a petty crime, he was kept in custody at a police station in Lahore where he was subjected to torture and was handcuffed on the spot. Moreover, his parents were not informed of his whereabouts until the next day. The JJA 2018, clearly states that the child’s parents or guardians are to be made aware as soon as the arrest is made.

Another such case, a 16-year-old Ahmed, speaks volumes about the violation of the law. The boy was subjected to custodial violence after he had been arrested in Lahore back in September, even though the JJA 2018 protects minors from violence in custody.

Another case of sheer violation is the death of a 14-year-old boy in police custody in March last year. He was arrested due to an altercation with a shopkeeper and was said to be carrying a weapon. The boy’s death was presented as suicide by the police but the incident brought on an array of questions as the boy’s parents as well as various rights activists termed his death a result of custodial torture.

A point worth noticing is that due to the lack of facilities, juveniles are often kept in the same prisons as adult criminals and this causes further problems. Firstly, children are forced to endure violence by the jail staff as well as other prisoners. This further halt their cognitive development and eliminates the chances of reformation. It increases their chances of committing crimes upon their release and turning into hardcore criminals.

Currently, Pakistan has only two Borstal centres whereas according to a report by the Society for the Protection of the Rights of Child (SPARC), there are about 1,500 to 2,000 children in Pakistani jails, a number that has only increased rapidly ever since its publication. The same report claims that about 90 per cent of them are awaiting trial. Usually, children rot away for years before their trial begins and when they are grown up and treated as adults in prison rather than being awarded probation and a chance to become better citizens.

Highlighting the flaws in the system, Humaira, a single mother of two apprised that her son Haider had just turned 18 while he has been in prison for the last two years. He was arrested two years ago and had his trial been conducted then, he would not have faced life imprisonment with hardcore criminals. He could have gone to school and gotten a job.

Yet another problem faced by the Juvenile Justice System is the fact that there are no checks for dishonesty. According to a report by SPARC, there are ambiguities from the time of reporting and incidences of false charges due to personal rivalries. This is to coerce a victim or survivor of crimes as well as offenders to report or confess. Commenting on this, a senior police official Imran Mahmood said that prosecutors usually work for their interests and the police officers have their agendas that leave little room for fair treatment of juveniles.

“If we ever want to see change, the dishonesty in the system will have to be curbed,” he emphasised. Sharing her views on the issue, Valerie Khan, a development practitioner known for her efforts for ‘Justice For Children in Pakistan’ said, “There is a need to focus the upscaling of good practices and enforcing the JJSA to invest in rehab homes, diversion programmes, follow up post rehab reunification and reintegration.”

*All names have been changed to protect the identity of minors*