PESHAWAR: The Peshawar High Court has sought a report from the Khyber Pakhtunkhwa government on the implementation of the Juvenile Justice System Act, 2018, in the province.

A bench consisting of Justice Lal Jan Khattak and Justice Ijaz Anwar issued the order after holding preliminary hearing into the petition of child rights activist Imran Takkar, who requested the court to direct the respondents, including provincial government, to enforce the Juvenile Justice System Act (JJSA) in letter and spirit.

The petitioner sought the court’s orders for the government to establish, make functional, notify observation homes and juvenile rehabilitation centres, and publish rules for them.

He also requested the court to direct the government to notify the relevant juvenile justice committees and take measures for creating public awareness of the law.

Respondents in the petition are the provincial chief secretary and the secretaries of parliamentary affairs and human rights, home and tribal affairs, and social welfare departments.

Petitioner complains neither juvenile justice panels nor rehab centres established

Lawyer for the petitioner Sharafat Ali Chaudhry contended that even three years after its enactment, the JJSA had not been completely enforced.

He said neither juvenile justice committees had been notified nor had the juvenile rehabilitation centres and observation homes been established under the law.

The lawyer said the arrested juveniles were kept in police stations for investigation and in jails for confinement against the law and in a violation of the fundamental rights of the juvenile accused.

He said the provincial government had failed to notify rules under the law.

Advocate Sharafat, an expert on children-related laws, said implementation of the law was a matter of public importance as it was directly linked with the fundamental rights guaranteed under the Constitution, which declared that the people of the country will be governed by the law.

He said Parliament was conscious of the fact that juveniles in the police’s custody or jail often became subject to cruelty, abuse and torture and therefore, the law was enacted on juvenile justice.

The lawyer said their rehabilitation remained in question and when they came out of police lockup or jail, instead of becoming reformed citizens, while remaining in association with adult criminals, they often turned into habitual offenders.

He added that the JJSA was enacted for reformation, rehabilitation, and social re-integration of the juvenile accused.

The counsel also referred to the Shahzaib case and said contrary to the law, a seventh grader was kept in the lock-up of the West Cantonment police station, where he allegedly committed suicide.

He said it was the constitutional and statutory right of a juvenile accused that in case of arrest, he or she should be kept in an observation home or a juvenile rehabilitation centre and not in a police lockup or a jail under any circumstances.

Published in Dawn, June 26th, 2021