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Such a release could be refused where a child of 15 years or above is involved in an offense which is of a brutal and shocking nature, or if the child is a previous convict of an offense punishable with death or imprisonment for life {sec. 10(7)}.
Juvenile Courts
The Ordinance calls for the establishment of Juvenile Courts with exclusive jurisdiction to try cases in which a child is accused of committing an offense. Upon enforcement of the Ordinance, all pending cases in which a child is accused should be transferred to the Juvenile Court {sec. 4(3)(4)}.
On taking cognizance of an offense the Juvenile Courts should decide cases within four months {sec. 4(6)}.
Juvenile Courts are to be established by Provincial Governments in areas within their jurisdiction. The High Court may either confer power of Juvenile Court on:
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Court of Sessions |
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or Judicial Magistrate of the First Class |
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appoint as Presiding Officers of Juvenile Courts, practicing advocates with at least seven years standing at the Bar {sec. 4(1)(2)} |
All the Provincial Governments by 2002 notified juvenile courts under this law. Punjab conferred upon the Senior Civil Judges the powers of the Juvenile Courts in the whole Province, and the Islamabad Capital Territory, through notification number SO (Judicial II) 2(14) 2000 dated April 28, 2001.
In the Frontier Province, the Peshawar High Court through notification number 44 dated April 16, 2002, has conferred the powers of Juvenile Courts upon all the District and Sessions Judges. The Frontier Government is also contemplating establishment of four exclusive juvenile courts in the Districts of Kohat, Peshawar, Mardan and Swat.
Sindh through notification number VIII(7)SOJ/2001(PP) dated June 29, 2001, has established Juvenile Courts consisting of the two Additional District Judges and two Judicial Magistrates at Judicial Complex for Karachi Division; and the First Judicial Magistrate of the Districts other than the Districts in Karachi Division for the local areas within their respective jurisdiction.
The Balochistan High Court through notification number 202/150/BHC dated August 21, 2001, has conferred the powers of Juvenile Courts upon the District and Sessions Judges and the Additional District and Sessions Judges; and the Judicial Magistrates of the First Class.
The Rights to Legal Assistance & Medical Treatment
A child accused of, or victim of, an offense, has the right to legal assistance at the expense of the State and provided by a legal practitioner with at least five years standing at the Bar (sec. 3).
A child suffering from serious illness, whether physical or mental, should be sent to a hospital and given medical treatment at the expense of the State {sec. 6(6)}.
Protection of Privacy
The Ordinance lists a number of safeguards for the protection of privacy of children involved in litigation.
A Juvenile Court should normally follow the procedure provided for in the Code. However, it should not ordinarily take up any other case on a day when the case of a child accused is fixed for evidence.
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No person should be present at any sitting of a Juvenile Court except: |
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members and officers of the Juvenile Court; |
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parties to the case and persons directly concerned with the proceedings; |
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such other persons as the Juvenile Court directs to be present; and |
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guardian of the child; |
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Home | Issues | Juvenile Justice | Juvenile Justice Ordinance 2000 | 1) | 2)  |
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KARACHI, Oct 27: Parents of 18-year-old Tasleem Solangi, who was killed in an extremely inhumane manner allegedly by some elders of her tribe, have appealed to President and Sindh Chief Minister to provide them protection as “killers are still at large and have not been arrested because of their connections with police”.
