THE formulation and implementation of laws are two different aspects. In terms of legislation, the Juvenile Justice System Ordinance (JJSO) 2000 introduced the notion of separate and more sophisticated treatment of child offenders.
The first version was repealed and the second was styled as the Juvenile Justice System Act (JJSA) 2018. The JJSA has been legislated by the national legislature by invoking its powers in Articles 142 and 143 of the Constitution to incorporate criminal law, criminal proceedings and evidence as parallel subjects, enabling both the federation and provinces to legislate on the subject of juvenile justice. The JJSA is elaborate as it attempts to balance the substantive and procedural aspects of the law.
Moreover, age-related discussions are at the heart of law making. Section 2(b) defines a child as any person under the age of 18. On the other hand, Articles 82 and 83, which were not repealed from the Pakistan Penal Code (PPC), mitigate the criminal liability till the age of 12.
Some of the rights are being protected by JJSA among which the major rights are: the right to have legal aid, the right to be informed about arrest, the right to be released on bail, the right to be dealt with by a senior police officer, the right to be tried separately from an adult co-accused, the right to privacy in judicial proceeding, and the shield against disqualification.
The JJSA is a well crafted legal instrument, but its impact will be meaningless if it is not executed in its true spirit wholeheartedly.
The rules for actual implementation are under disquisition. In addition, the JJSA must be made part of training of police, prosecution, judiciary and prison departments. Monitoring mechanisms, including collection and comparison of data, may assist Pakistan in improving its standings at international forums.
Muneer Ali Shah
Karachi
Published in Dawn, April 18th, 2022
