The Borstal Jail in Bahawalpur is the largest children’s jail in the country. At the end of 2002 it housed 401 children, out of which 232 were convicted. During a visit in 2002, SPARC came across 20 children from the Frontier at this facility. They were extremely isolated both culturally and socially and missing their families terribly.
The Borstal Jail in Faisalabad became functional in 2002 and some children were transferred to the facility.
The Punjab Youthful Offenders Ordinance 1983 was notified in January 2000 after awaiting its enforcement notification since 1983. The Certified School for Youthful Offenders in Sahiwal was the only one established under the provisions of the Ordinance but was closed down recently.
In August 2001, the Punjab Home Department on the grounds of the introduction of the Juvenile Justice System Ordinance 2000 directed that juveniles aged 15 to 18 and those below 15 should be kept in separate barracks within the juvenile cells located in adult prisons.
The President of Pakistan has the power under Article 45 of the Constitution to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority. In November 2000, the President granted a general two-month remission to all prisoners, which resulted in the release of 39 children from the Lahore prisons. In December 2000, on the occasion of Eid, 21 juvenile prisoners were released in the Punjab Province as a consequence of presidential reprieve. In addition, 53 juvenile prisoners benefited which implies that their sentences got reduced; an additional 82 benefited when a similar remission was granted over Eid ul Aza in March 2001.
Juvenile Prisoners in Sindh (Total Juvenile Prisoners in the Sindh)
Sindh has always benefited from the spirit of philanthropy and the spirit of volunteerism. As a result, the Certified School in Karachi, established under the provisions of the Sindh Children Act 1955, the oldest law relating to children in force in the whole country, has the best conditions of any prison in Pakistan. It also has the largest child population.
However, the situation is just the opposite in Interior Sindh. Unlike the rest of Pakistan, children in most of the 16 prisons in the province are kept with adult prisoners, which results in potential situations of sexual exploitation. The authorities in Sindh are also tight-lipped about the state of affairs in the Interior Sindh and always reluctant to share information. Ironically, the same officials are forthcoming about the jails in Karachi. However, according to information obtained by SPARC, as of December 2002 there were approximately 470 juvenile under-trial prisoners and 65 convicted children. Out of this, more than 340 were kept at the Youthful Offenders Industrial School in Karachi.
In May 2001, SPARC met the Chief Secretary of Sindh and asked him to urgently look into the possibility of separating children from adults in Interior Sindh. In September 2000, more than 50 children were rescued from the Hyderabad prison alone who were regularly sexually abused by adult criminals, according to Sindh IG Prison’s own admission. An inquiry was ordered but results remain awaited as they have never been made public.
The prisons in Sindh generally are overcrowded. According to provincial authorities, about 16,000 prisoners were lodged against a capacity of 8,000 in the Sindh’s 16 jails. Out of this, 4,200 were crammed in the Central Jail Karachi alone against capacity of only 911. There were only two bathrooms for 200 inmates in a C class barrack. The Central Jail Karachi needs about 300 bathrooms, but has only 70. The government was providing only Rs. 10.75 per prisoner for three meals a day. It should not be any wonder that the prisoners remain malnourished.
Juvenile Prisoners in Balochistan
In November 2000, the Balochistan Social Welfare Minister asked SPARC to visit the District Jail Quetta to recommend to her changes that could be accomplished. A total of 47 under-trial and seven convicted juvenile prisoners were found in the Jail by SPARC during the visit, which was accompanied with the Social Welfare Minister. SPARC requested the latter to personally look into the matter and order the release of the maximum number; 13 children as a consequence were released on the Universal Children’s Day 2000, and in December 2000 and March 2001. In November 2000, SPARC managed to get the Balochistan Governor to announce that his Province will soon have its own juvenile law.
There are a total of ten jails in Balochistan; three are Central and seven are District Jails. There are no separate or special prisons for children. Most convicted children are kept in the Mach prison and the majority of under-trial prisoners are kept at the Quetta prison. In December 2002, there were 54 under-trial prisoners and 103 convicted children.
Like the Frontier Province, Balochistan continues to lack any laws relating to children and juvenile justice. |
