The problems in the sphere of juvenile justice in Pakistan are manifold and often complex; and all are important from a children’s rights standpoint. International rules and guidelines, like the Riyadh Guidelines, the Beijing Rules and the UN CRC (United Nation’s Convention on the Rights of the Child), postulate that the treatment of a child in conflict with the law should primarily attempt the child’s reintegration into society and encourage him or to play a constructive role in that environment. This approach is missing in Pakistan’s criminal and juvenile justice system. The Age of Criminal Responsibility is seven years, which is one of the lowest in the world.

Although there are a number of laws and constitutional guarantees for the protection of the rights of children accused or convicted of criminal conduct, in reality they are seldom upheld. Immediately following arrest and during police remand, children in languish in police custody and are maltreated by police authorities seeking confessions. They are denied access to lawyers and relatives and are not held separately from adults. While in prison, children are subjected to degrading and inhuman punishment. Prisons face problems such as extreme overcrowding, malnutrition, physical, mental and sexual abuse and lack of medical care or legal advice. Many times, when convicted, sentences are in flagrant violation of the key principles of juvenile justice: rehabilitation and the primacy of the well being of the child.

It is not possible to know the exact number of prisoners, including children, in jails at any given time, simply because the number changes daily as some prisoners are released and new ones are brought in. However, in December 2002, there were 4,979 children in Pakistan’s jails. Only 936 of these had been convicted and the remaining 4,043 children were still under trial.

The Juvenile Justice System Ordinance was enacted in 2000 and consolidates at the federal level many provisions of provincial laws dealing with children in conflict with the law. The Ordinance lays down criteria to be followed at all stages of the juvenile trial proceedings, including arrest and bail, and the establishment of juvenile courts. It brought about improvement in two major areas, defining a child as a person below the age of 18 years, raising it from 15 and 16 years in provincial laws; and prohibiting the death penalty for children.

Juvenile Prisoners in the Frontier Province (Total Juvenile Prisoners in the Frontier)

In December 2002, there were a total of 527 children in the 21 prisons of the Frontier Province. Out of this lot, 446 were under-trial and 81 were convicted. There are three Central, 11 District, and seven sub-jails in the Province. Persons in the age group seven to 18 years are kept separate from the adult prisons in what are known as Juvenile Cells.

There are presently no jails for children in the Frontier on the pattern of two Borstal Jails in the Punjab and one Certified School in Sindh. At least one such school should be established in the province, preferably in Haripur, as most convicted children are lodged there and the prison facilities there are comparatively better.

Additionally, there are no laws relating to children or juvenile justice in place in the Province with the exception of the Reformatory Schools Act 1897, a 104-year-old law that remains unenforced throughout the country, and the Juvenile Justice System Ordinance 2000, which also remains unenforced to a large extent. The Frontier government notified Rules under the JJSO through notification number SO(Prisons)HD/4-63/2002 on May 9, 2002. On the Governor’s orders, a committee has been formed in the Frontier to look into the issue of child-related laws. SPARC is a member of this committee.

It has been SPARC’s constant request that the authorities look into the possibility of releasing the maximum number of children. Several directives have been issued in this regard. Through one issued on July 18, 2001 the Governor ordered the withdrawal of prosecution against all juvenile prisoners below 18 years of age who have been in jail for more than 18 months and whose cases have not yet started.

Juvenile Prisoners in the Punjab (Total Juvenile Prisoners in the Punjab)

The bulk of juvenile prisoners in Pakistan are in Punjab’s 29 prisons. As of December 2002, there were 3,760 child prisoners in the Punjab. Out of this lot, 687 were convicted and 3,073 were under-trial, out of which 48 are females and 110 were sentenced to death. A breakdown of the offenses these prisoners are charged with reveals that most are accused of serious crimes, including murder, attempted murder, dacoity, theft, sex offenses and drug related charges.