Friday, April 26, 2019
07:52 PM (GMT +5)

Go Back   CSS Forums > CSS Optional subjects > Group VI > Criminology

Reply Share Thread: Submit Thread to Facebook Facebook     Submit Thread to Twitter Twitter     Submit Thread to Google+ Google+    
 
LinkBack Thread Tools Search this Thread
  #1  
Old Monday, January 21, 2019
Member
 
Join Date: Dec 2016
Location: Warsak
Posts: 63
Thanks: 13
Thanked 9 Times in 8 Posts
Aawish is on a distinguished road
Default Challenges to juvenile justice system in pakistan

CHALLENGES TO JUVENILE JUSTICE SYSTEM IN PAKISTAN

Justice systems designed for adults often lack the capacity to adequately address the protection of the rights of juvenile offenders and are more likely to harm than improve a juvenile offenderís chances for reintegration into society. To resolve this problem, Juvenile Justice System was incorporated in criminal legal system of Pakistan in the year 2000. Unfortunately, this law was not a perfect piece of legislation for juvenile offenders and was ultimately declared annulled by the Lahore High Court. Juvenile offenders continue to be treated as hardened criminals thus deflecting the attention from rehabilitation to punishment.

The Juvenile Justice System (JIS) Act of 2018 is a new law, which has been enacted by the federal government earlier this year. The JJS Act of 2018 overcomes the shortcomings, which were present in the JJSO 2000 and provides a much better system of criminal justice and rehabilitation for juvenile offenders. The JJS Act of 2018 provides specialised procedures for arrest, investigation, bail, trial, detention and the rehabilitation of juvenile
offenders in order to protect them from maltreatment. But some of the key challenges in implementation of this Act are:

1. It is clearly mentioned in the JJS Act of 2018 that the government in consultation with the concerned high court shall by notification in the official Gazette establish or designate juvenile court for one or more sessions divisions within a period of three months from the commencement of this Act. But separate juvenile courts are still not established in every district of Pakistan, excluding a juvenile court at the Judicial Complex in Lahore that
was established to deal with cases involving children on December 19, 2017.

2. Not a single Juvenile Justice Committee has been established so far, whereas it is clearly written in the JJS Act of 2018 that the government in consultation with the concerned Sessions Judge shall establish the Committee for each sessions division no later than three months from the commencement of this Act. The committees shall dispose of the cases of juvenile offenders without resorting to formal judicial proceedings.

3. Juvenile offenders are maltreated and sexually abused in prisons, because of no proper monitoring of juvenile cells and not establishing separate jails for juveniles. The JJS Act of 2018 says that the government shall establish and maintain observation homes and juvenile rehabilitation centres for reception of juveniles, including separate centres for female juveniles. Not a single observation home and juvenile rehabilitation centre has been established or certified so far.

4. Although the law expressly prohibits corporal punishment and sentencing of juvenile offenders to death, 10% of the current death row population consists of juvenile offenders, according to a Justice Project Pakistanís report. Low birth registration rate, weak implementation of juvenile justice law and lack of age determination methods are primary reasons for several juveniles being sentenced to capital punishment and executed in the country.

5. The last challenge is the enactment of new rules of business for carrying out the purposes of JJS Act of 2018. Because the previously enacted rules are repealed after the promulgation of the JJS Act of 2018, so the federal
and provincial governments are required to make new rules in this regard. Complete implementation of law is further challenging predominantly due to inadequate infrastructure and resources.

The newly elected Prime Minister, Imran Khan, and President, Dr Arif Alavi, assured in their inaugural speeches that resolving the child protection issues and implementation of child rights and national action plan for children are one of their top priorities. Hence, the PTI government should take up the matter of implementation of the JJS Act of 2018 on a priority basis and must allocate a sufficient budget and resources for this cause.
Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Current Affairs Sureshlasi Current Affairs 54 Monday, March 20, 2017 05:43 PM
Today in Pakistan History javedkey Pakistan Affairs 0 Tuesday, November 25, 2014 12:01 AM
Ecnomic progress Vs Political situation very special 1 Discussion 48 Wednesday, February 29, 2012 09:27 PM
History of Presidentship in Pakistan Naseer Ahmed Chandio General Knowledge, Quizzes, IQ Tests 1 Tuesday, May 31, 2011 03:00 PM


CSS Forum on Facebook Follow CSS Forum on Twitter

Disclaimer: All messages made available as part of this discussion group (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of CSSForum.com.pk (unless CSSForum.com.pk is specifically identified as the author of the message). The fact that a particular message is posted on or transmitted using this web site does not mean that CSSForum has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the forum to report any objectionable message in site feedback. This forum is not monitored 24/7.

Sponsors: ArgusVision   vBulletin, Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.