Authored By: Umme Aiman Zafar
The University of Punjab
Abstract:
The significance of natural justice on human rights principle like fair trial, humanely treatment even in the jails and the value of rehabilitarian justice are discussed in this article, as the juvenile justice system act 2018 is enacted to ensure that the fundamental rights of juveniles in the custody of law are upheld.The article also identifies the challenges that contribute significantly towards poor implementation of the juvenile justice law like inadequate infrastructure, lack of awareness and delays in the implementation process. Greater institutional reform is required to guard the rights of juvenile in Pakistan.Numerous laws are enacted and are being carried out in Pakistan as juvenile justice system ordinance, 2000, and juvenile act 2018.
Key Words: juvenile justice system, human rights, international standard, and Pakistan.
Introduction:
Juvenile Justice refers to a sub-field in criminal law, which is used to handle people that are under the age of 18 years during the time of commission of an offence. Thus, the determinig standards of a juvenile might differ across jurisdictions. In juvenile act 2018, Pakistan sets the age as below 18 years in the section 2(b).
An important advancement in the juvenile justice system was made when in the United Kingdom When the chancery courts were established in the 15 th century the history of juvenile justice system had been reached. The principal objective was to give greater consideration to the petitions of children and women.The king took it upon himself to support helpless children who were homeless, and offer them support and ensure they do not engage in any form of violation of the laws.
The other highly significant event that occurred in America led to the enactment of juvenile justice system. The society of prevention of juvenile delinquency in United States of America in 1825 argued that juvenile and adult offenders must not be kept together since juveniles are still developing and therefore more susceptible to adult facilities and such a penalty would not help curb more criminalization as criminals. This move was quite substantial to the reformers who were apprehensive that the methods used by criminals would be borrowed over to the youngsters.
According to the report released by SPARC in 2012 there were 1500 2000 juveniles in Pakistan.This provision also includes under trial juveniles.Anees Jillani believes that the high number of juveniles going into conflict with the law is due to low age of criminal responsibility of seven years which are stipulated in section 82 of Pakistan Penal Code and 83 of Pakistan Penal Code as nothing is an offence, done by a child as mentioned above that has reached sufficient maturity of understanding to determine the nature of his
The juvenile justice system ordinance 2000 was launched to enforce the CRC that Pakistan ratified in 1990.
Legal Framework or existing laws:
Second in order is the laws on juvenile justice system in Pakistan:
Juvenile Justice System Act 2018
Pakistan Penal Code 1860 (section 82 & 83)
Pakistan (Article 25(3) and 35) constitution.
Case Law:
In a case where a young student with the age of barely 18 yrs, was convicted by the learned Sessions Judgein Naushahro Feroze, of the offence as per section 23(i)(A) of Sindh Arms Act, 2013 and sentenced to seven years of rigorous imprisonment and fine of 30,000 but this verdict was quashed by the high court where the Honourable Sindh High Court pointed that Juvenile Justice System Act,2018 offers protection to the children under the age of The Honourable court also referred to about the international convention United Nations Convention of the Rights of Child (UNCRC) and which was ratified by Pakistan in 1990, Which states the necessity of the special protection the children who are in conflict with the law.
According to the judgement, the facts of the case are stated like that a juvenile along with his co-accused fired at the brother of the complainant and killed him. The police abd arrested the petitioner and left him on physical remand with the police custody, 7 days and thereafter on judicial remand. The petitioner sought post arrest bail on her merits as of right but was turned down by both the high court and trial court. To seek the post arrest bail the petitioner has made an application in the Honourable Supreme Court where the Honourable judge has permitted the petitioner to be granted the bail as a right and repetition that the juvenile justice system is based on rehabilitation as opposed to punishments. Secondly the court has clarified that the terms of juvenile justice system is valid even under the circumstances where the juveniles is committing the heinous crime.
International human rights standard
The international environment of juvenile justice system can be characterized by the presence of a strong structure of human rights standard, which stipulates the right of children, and provides allowable guidelines of proper treatment of children even in conflict with the law. The United Nations Conventions on the Rights of Child (CRC) and especially Article 37, outlaw any torture and unhumane treatment of children.
Analysis:
Focus on rehabilitation: This is because the Juvenile Justice system act is based on rehabilitation of the child accused at the expense of punishment and imprisonment considering that the child can be reformed.
Legal protection: Prior to this act or ordinance of 2000 on juvenile, the juveniles were treated just like the adult accused in the jails hence their entire life was ruined by one act; hence this ordination consequently gives the juvenile in Pakistan some legal protection.
Diversion: It is a juvenile act 2018 where the negative influence of the judicial process on the juvenile is reduced and the juvenile are granted a chance to reform their life as stipulated by law.
Moulding the future behaviours: The juvenile justice system act 2018 has offered means through which the juveniles may mould their future behaviours when they are in rehabilitation centers.
Rehabilitation centers: The juveniles have different rehabilitation centers constructed with appropriate facilities.
Juvenile Courts: There are Juvenile Courts which are used to trial juveniles.
According to my study or research the nation of Pakistan has accomplished a lot more in the area of the juvenile justice system. Not only has it enacted laws but also implements them to be in line with international standards of rights of juvenile.
Objectives:
The objectives of juvenile justice system include followings.
Examine the legal framework
Juvenile justice system act 2018 is meant to provide legal safeguards to the juvenile offenders that are at variance with the law.
Consistency with international standards:
In order to fulfil the global standard of human rights, Pakistan has ratified the international convention called United Nations Convention on the Rights of Children (UNCRC).Pakistan has established juveniles rehabilitation centers where juveniles are under proper observation for reshaping their behaviors and juvenile courts are established to trial the juvenile as per the natural justice and fair trial. Being a member of international community Pakistan is trying to meet the international standards of juvenile justice system to protect the every right of juvenile and make their future way better.
Natural principle of justice.
The juvenile justice system act comes up with the aim of investigating the concept of natural justice, fair trial and humane treatment to the juvenile under its custody.
Focus on rehabilitation:
The juvenile justice system act emphasis on rehabilitation of youthful offenders to mould their behaviours instead of punishment and the juveniles are sent to the rehabilitation facilities.
Institutional reforms:
Institutional reforms are mainly meant to safeguard the rights of the juveniles as provided in the juvenile justice system act 2018 and the constitution of Pakistan.
Identify challanges:
The dilemmas encountered within the juvenile justice system in pakistan like deficiency in knowledge in the execution of juvenile justice system.
Historical context:
The juvenile justice system act has its historical background to the juvenile justice system ordinance 2000.
Precedents or case laws:
Consider the case or the legal precedents which illustrates the use and worth of juvenile justice system.
Comparative analysis:
To make comparisons on the the implementationt of juvenile justice system with other jurisdictions that demonstrates that, rehabilitation of juveniles are crucial in mould their behaviours and future aspirations but not punishment.
Significance of juvenile justice system:
Juvenile justice is a multi faceted thing. To begin with, the juvenile justice system is attentive to the environment, acknowledging that children and asolescents are not yet fully marured and thus their behaviour of the system is as a result of a blend of immaturity, influence of the environment and social pressure.The juvenile justice system is therefore serving the objectives of protecting the society as well as ensuring that the young people have the tools they need to be responsible citizens.
Comparative analysis:
a. Juvenile justice system in Europe
Continental European inquisitorial system.In these countries the judge has more focus in rehabilitating the child and not punishing such age as far as the accused is accused in the jail.These countries have more openness in encouraging the child to learn and change their behaviour as they look at the future goals.
In common law jurisdictions like United Kingdom there exists struggle between the prosecution and defence with the beig administered by the impartial judge. These are the instances when the judges are impartial and the adversarial system of these countries relies on justice.
b. Juvenile justice system in Asia
There are two styles in Asia which are called the individualism and collectivism. The collectivism viewpoint is that the peer group,neighbours, parents and all other individuals in close proximity of the juvenile are all responsible to the behaviour of the juvenile hence would contribute to rehabilitation or reshaping the behaviour of the juvenile. Conversely individualism approach is that the personal liability of the offender is brought by the offender and to correct the offence, the offender should be exposed in a rehablitation centre as a way of shame and the other cultures in Asia understand the juveniles as young offenders and need to be reformed by sending them into rehablitation centres.
c. Juvenile justice system in North America
Juvenile waiver to adult court
Standard the transfer of juvenile to adult court: It is a normative procedure in North America where juveniles are transferred to adult court where they are tried and sentenced but it typically entails other aspects such as age, maturity, severity of offence, and history of juveniles.
Suggestion:
Mandatory implementation
Juvenile justice system act 2018 ought to be rigidly applied.
Legal awareness
The legal professionals should be taken through training programs aimed at gaining legal awareness with regard to juvenile justice system.
Infrastructure
Invest on infrastructural improvement and development of rehabilitation centers to avail adequate facilities which are required by rehabilitation centers.
Monitoring system
A juvenile justice system regular monitoring syatem should be developed.
Fundings for juvenile justice programs
An adequate fundings program must be put in place which control fundings towards the juvenile justice system.
Conclusion:
Although the juvenile justice system has several advantages including compliance with the international human rights norms, including the United Nations Conventions on the rights of Children (UNCRC), the juvenile justice system has several challenges including lack of infrastructure, lack of awareness of the judicial process, and the enforcement department. These aspects impacts the juvenile rights and can extend the juvenile delinquency chain and it may be very hard to break this chain and improve juvenile justice system.
Besides, juvenile system in various jurisdictions is implemented via different mechanisms, as comparative analysis of the various jurisdictions depicts, two approaches exist namely the collective and individual approach in which juvenile are viewed as the collective responsibility and individual responsibility of the crime committed.
Pakistan is a developing nation and has accomplished so much in juvenile justice system.It can improve it further by overcoming its weakness in the same to reach the international standard and deliver justice.
Reference(S):
https://na.gov.pk The constitution of Pakistan1973
https://www.mohr.gov.pk The juvenile justice system act 2018
https://www.unicef.org.uk United Nations Convention on the Rights of Child 1989
Muneeba Faizan Nazim,Sohail Amjad,Anum Shahid,’Juvenile Justice Reforms:A Comparative study on international practice'(2024)4,researchgate,p44-46
Shahid Khan,Jehanzeb Khan Orakzai,’Critical analysis of the Juvenile justice system in Pakistan:Challanges & forwards'(2023)2,Khyber Journal of public policy,p27
David J.Smith,’The effectiveness of the juvenile justice system'(2005)5(2)CriminalJustice
LauraS.Abrams,Sid P.Jordan and Laura A Montero,’Whatisajuvenile?Across National comparison of Youth Justice system'(2018)00(0)YouthJustice
https://caselaw.shc.gov.pk Zain Arif and others vs The State (2025) 2025 SHC SUK 2721
https://gdpakistan.org Khawar Kayani vs The State (2022) OLD 2022 SC 551
