PESHAWAR, Nov 17: The NWFP government has failed to implement some mandatory provisions of the Juvenile Justice System Ordinance, 2000, and rules framed under it.

The ordinance was promulgated by the president in 2000 and the NWFP government took two years to frame the rules thereunder as the Juvenile Justice System Rules, 2002, notified on May 9, 2002.

However, despite framing of the rules, the government appears to be least bothered about the plight of juvenile offenders as till now no proper borstal institution has been established in the province. A section at the Haripur prison was declared as borstal institution by the government, but that section lacks basic facilities envisaged under the ordinance and the rules.

“Under the rules no female juveniles shall be kept in police lock-up or prison. However, in various cases such female offenders have been kept in prison as well as in police lock-ups,” Voice of Prisoners chairman Noor Alam Khan told Dawn.

Moreover, he claimed under the rules the government “has to establish borstal institution in at least every district, however, no step had been taken in that regard.” The juvenile section in Haripur prison, he added, was also not up to the requirement under the law.

The rules, Noor Alam said, envisaged that a medical file of every inmate be maintained in each institution, along with previous medical history and there should be regular medical check-up of the inmates after every three months.

It is binding on the provincial government to make all arrangements relating to juveniles education and training for their mental, moral and psychological development within the borstal institution.

After the promulgation of the Juvenile Justice System Ordinance, 2000, the provincial government did not even establish the juvenile courts for about two years, and finally the Chief Justice of the Peshawar High Court delegated powers of juvenile courts on district and sessions judges across the province on April 16 last.

Under section 3(2) of the rules, the district and sessions judges have to constitute a panel of legal practitioners for the purpose of legal assistance to a juvenile offender at the expense of the state. However, no such panel has been constituted by any of the district and sessions judges.

About female juvenile offenders there is specific provision that they shall be detained in separate enclosure of the borstal institution exclusively established for that purpose and, in case, there is no such enclosure, they shall be immediately transferred to any care home as ordered by the court. Interestingly, in none of the districts in the province any such enclosure has been established by the government.