THE law in Pakistan provides for a juvenile justice system (JJS) for the rehabilitation and protection of children as well as to safeguard their best interests. Unfortunately, in narcotics-related cases, the system is failing to apply a child rights approach. Children involved in narcotics-related cases often come from marginalised and poor communities and/ or are exploited by adults involved in the drug trade. Yet, punitive action is taken against them instead of protecting them.

In a recent case, the Sindh High Court granted post-arrest bail to a 14-year-old girl who had been in judicial custody for allegedly carrying 510 grams of narcotics. She was arrested in May 2025. The additional prosecutor general informed the court that according to the investigation conducted so far, there was a strong possibility of “parents using their minor daughter as a drug mule”. The SHC noted that the police did not interrogate the parents to determine their involvement.

According to Justice Project Pakistan’s (JPP) Narcotics Offences Factsheet 2025, the total prisoners held under narcotics offences is 21,891. Of these, 375 are female prisoners. About 165 children have been imprisoned for narcotics-related offences (85 in KP and 84 in Punjab). There is a lack of age-disaggregated data from Sindh and Balochistan.

All this raises troubling questions about how the justice system treats children and who is truly responsible when a child becomes entangled in the drug trade. Are children involved in narcotics-related cases victims or offenders? Should they be imprisoned, or should they receive care and rehabilitation? To address these questions, it is essential to examine both national and international laws governing juvenile justice and child protection.

The state must protect, and not punish, its children.

Child protection and JJS is a blend of federal and provincial laws across the country. The federal Juvenile Justice System Act, 2018, governs JJS across Pakistan. JJSA 2018 defines a child as “a person who has not attained the age of 18 years”. It provides for the setting up of observation homes, so that accused children are not taken to police stations, and juvenile rehabilitation centres.

There are additional protection mechanisms for female juveniles in Section 17, which provides that no female juvenile shall, under any circumstances, be apprehended or investigated by a male police officer, nor placed on probation under the supervision of a male officer. A female juvenile can only be kept in a juvenile rehabilitation centre that has been established or certified exclusively for female inmates.

However, these protections largely remain on paper, as no dedicated observation homes or juvenile rehabilitation centres have been established, and no official data exists about their existence either. Additionally, the age of criminal responsibility in Pakistan has been capped at 10 years, as per Section 82 of the Pakistan Penal Code (amended in 2016). Further, Section 83 extends this protection to children of over 10 years and under 14, who have not attained sufficient maturity of understanding to judge the nature and consequences of their conduct. This is also applicable across Pakistan.

Further, each province has its own child protection laws. For example, in Sindh, the Sindh Child Protection Authority Act, 2011, and the 2021 amendment is applicable. Section 2(c)(v) of the SCPAA defines a “child in need of special protection measures” to include one who is “being misused for drug trafficking or is subjected to abuse of substances like synthetic and non-synthetic narcotic substances and other illegal drugs and substances”.

Despite the provision of explicit special protection to children who are involved in narcotics-related cases in Sindh, the law exi­s­ts only on paper, with children being criminalised rather than being provided protection.

When parents fail in their responsibilities, the state must step in as a protector, not punisher. Pakistan ratified the UN Convention on the Rights of the Child in 1990. Article 33 of the UNCRC requires it to take “legislative, administrative, social and educational measures to protect children from the illicit use of narcotic drugs and psychotropic substances ... and to prevent the use of children in the illicit production and trafficking of such substances”.

State functionaries including police, prosecution, child protection officers as well as the judiciary must adhere to child protection protocols and safeguard the best interests of the children involved in narcotics-related offences.

Imprisonment must be replaced with prevention, early support, and rehabilitation for every child. The state should establish observation homes and juvenile rehabilitation centres to protect the rights of children in line with JJSA 2018.

The writer is a barrister of Lincoln’s Inn and an advocate of the high courts of Pakistan.

Published in Dawn, December 3rd, 2025