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Laws, Ordinances and Regulations in Pakistan
TABLE OF CONTENTS
1. The Juvenile Justice System Ordinance 2000 2 2. The Juvenile Justice System Rules, ICT, 2001 9 3. The Juvenile Justice System Rules Baluchistan 2002 15 4. The Juvenile Justice System Rules NWFP 2002 27 5. The Juvenile Justice System Rules Punjab 2002 34 6. The Juvenile Justice System Rules Sindh 2002 40 7. Prevention And Control Of Human Trafficking Ordinance, 2002 48 8. Criminal Procedure Code 1898 54 9. Pakistan Penal Code 1880 69 10. Railways Act 1890 85 11. The Good Conduct of Prisoners Probational Release Act 1926 12. Whipping Act 1909 102 13. Abolition of Whipping Act, 1996 106 14. Punjab Youthful Offenders Ordinance, 1983 108 15. Zina Ordinance, 1979 133 16. The Qadhaf Ordinance, 1979 140 17. Offences Against Property (Enforcement of Hudood) Ordinance, 1979 18. Prisoners Act, 1900 155 19. Probation of Offenders Ordinance 1960 167 20. Reformatory Schools Act 1897 175 21. Sindh Borastal Schools Act 1955 184 22. Punjab Borastal Act 1926 194 23. Punjab Borastal Rules 1932 207 24. Pakistan Broadcasting Act, 1973 25. Motion Picture Ordinance, 1979 26. Bonded Labour System ( Abolition ) Act 1992 27. Bonded Labour System ( Abolition ) Rules 1995 28. Children ( Pledging of Labour ) Act 1933 29. Employment of Children Act 1991 30. Employment of Children Rules 1995 31. Shops and Establishment Ordinance 1969 32. Factories Act 1934 33. Mines Act 1923 34. Partnership Act 1932 35. Merchant Shipping Act, 1923 36. Maternity Benefits Ordinance1958 37. Literacy Ordinance 1985 38. N. W.F.P. Compulsory Primary Education Act 1996 39. Punjab Compulsory Primary Education Act 1994 40. Punjab Private Educational Institutions ( Promotion and Regulation) 1984 41. Workers Children Education Ordinance 1972 42. West Pakistan Primary Education Ordinance 1962 43. Divorce Act 1869 44. Muslim Family Laws Ordinance 1961 45. West Pakistan Family Court Ordinance 1964 46. Dissolution of Muslim Marriage Act 1939 47. Claims for Maintenance Ordinance 1959 48. Juvenile Smoking Ordinance 1959 49. Vaccination Ordinance 1958 50. Mental Health Ordinance 2001 51. Prohibition of Smoking Ordinance 2002 52. Protection of Breast Feeding Ordinance 2002 53. Passport Act 1974 54. Passport Rules 1974 55. Foreigner Act 1946 56. Immigration Ordinance 1979 57. Exit from Pakistan (Control) Ordinance 1981 58. Child Marriage Restraint Act 1929 59. Contract Act 1872 60. Female Infanticide Prevention Act 1870 61. Guardians and Wards Act 1890 62. Majority Act 1875 63. Sindh Children Act 1955 64. Succession Act 1925 65. Punjab Children Ordinance 1983 A. Registration 66. Birth , Death and Marriage Registration Act 1886 67. Pakistan Citizenship Act 1951 68. National Registration Act 1973 69. National Database& Registration Authority Ordinance 2000 70. Local Government Ordinance 2000 71. Vagrancy ( Karachi Division ) Act 1950 72. Punjab Supervision and Control of Children Homes Act 1976 73. Sindh Orphanages ( Supervision and Control ) Act 1976 74. The North West Frontier Province Orphanage Act 1976 75. The West Pakistan Control of Orphanages Act 1958 76. The West Pakistan Control of Orphanages Rules 1958 77. Dowry and Bridal Gift (Restriction) Act 1976 78. Provincial Employees Social Security Ordinance 1965 |
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Juvenile Justice System Ordinance, 2000
ORDINANCE XXII OF 200
JUVENILE JUSTICE SYSTEM ORDINANCE, 2000 An Ordinance to provide for protection of the rights of children involved in criminal litigation [Ist July, 2001] 1. Short title and commencement. – (1) This Ordinance may be called the Juvenile Justice System Ordinance, 2000. (2) It extends to the whole of Pakistan (3) It shall come into force at once. 2. Definitions. – In this Ordinance, unless there is anything repugnant in the subject or context, - (a) ‘Borstal institution’ means a place where child offenders may be detained and given education and training for their mental, moral and psychological development; (b) ‘child’ means a person who at the time of commission of an offence has not attained the age of eighteen years; (c) ‘Code’ means the Code of Criminal Procedure. 1898 (Act V of 1998); (d) ‘guardian means a parent or a person who has actual care of the child and includes such relative who is willing to bear the responsibility of the child; (e) ‘Juvenile Court’ means a Court established under section 4; (f) ‘offence’ means an offence punishable under any law for the time being in force; and (g) ‘Probation Officer’ means a person appointed under the Probation of Offenders Ordinance, 1960 (XLV of 1960), or such person as the Provincial Government may appoint to perform the functions of Probation Officer under this Ordinance. 3. Legal assistance. – (1) Every child who is accused of the commission of an offence or is a victim of an offence shall have the right of legal assistance at the expense of the State. (2) A legal practitioner appointed by the State for providing legal assistance to a child accused of the commission of an offence, or victim of an offence, shall have at least five years standing at the Bar. 4. Juvenile Courts. – (1) The Provincial Government shall in consultation with the Chief Justice of High Court, by notification in official Gazette, establish one or more Juvenile Courts for any local area within its jurisdiction. (2) The High Court may – (a) confer powers of Juvenile Court on – (i) Court of Sessions; or (ii) Judicial Magistrate of the First Class; and (b) appoint, from amongst practicing Advocates having at least seven years standing at the Bar, Presiding Officers of Juvenile Courts with powers of Judicial Magistrate of the First Class for the purposes of this Ordinance on such terms and conditions as the High Court may determine. (3) The Juvenile court shall have the exclusive jurisdiction to try cases in which a child is accused of commission of an offence. (4) Subject to subsection (3), on commencement of this Ordinance, all cases pending before trial Court in which a child is accused of an offence shall stand transferred to the Juvenile court having jurisdiction. (5) The Juvenile Court shall not, merely by reason of a change in its composition, or transfer of a case under subsection (4), be bound to recall or rehear any witness who has given evidence and may act on the evidence already recorded. (6) On taking cognizance of an offence, the Juvenile Court shall decide the case within four months. 5. No joint trial of a child and adult person. – (1) Notwithstanding anything contained in section 239 of the Code, or any other law for the time being in force, no child shall be charged with or tried for an offence together with an adult. (2) If a child is charged with commission of an offence for which under section 239 of the Code, or any other law for the time being in force such child could be tried together with an adult, the court taking cognizance of the offence shall direct separate trial of the child by the Juvenile Court. 6. Procedure of Juvenile Courts. – (1) Juvenile Court shall, unless provided otherwise in this Ordinance, follow the procedure provided for in the Code. (2) A Juvenile Court shall not ordinarily take up any other case on a day when the case of a child accused is fixed for evidence on such day. (3) No person shall be present at any sitting of a Juvenile Court except - (a) members and officers of the Juvenile Court; (b) parties to the case before the Juvenile Court and such other persons who are directly concerned with the proceedings including the police officers; (c) such other persons as the Juvenile Court directs to be present; and (d) guardian of the child. (4) At any stage during the court of the trial of a case under this Ordinance, the Juvenile Court may, in the interest of such child, decency or morality, direct any person to withdraw from Court for such period as the Court may direct. (5) Where at any stage during the course of the trial of a case, the Juvenile Court is satisfied that the attendance of the child is not essential for the purposes of the trial, the Juvenile Court may dispense with the attendance and proceed with the trial of the case in absence of the child. (6) When child who has been brought before a Juvenile Court and is found to be suffering from serious illness, whether physical or mental, and requires treatment, the court shall send such child to a hospital or a medical institution where treatment shall be given to the child at the expense of the State. 7. Determination of age. – If a question arises as to whether a person before it is a child for the purposes of this Ordinance, the Juvenile Court shall record a finding after such inquiry which shall include a medical report for determination of the age of the child. 8. Prohibition to publish proceeding of cases. – (1) Unless the Juvenile Court specifically authorizes, the Court proceedings shall not be published in any newspaper, magazines or journal in any form which may disclose the name, address, school or may identification or particulars calculated to lead directly or indirectly to the identification of such child nor shall any picture of the child be published. 9. Probation Officer. – (1) The Probation Officer shall assist the Juvenile Court by making a report on the child’s character, educational, social and moral background. (2) Subject to subsection (3) the report of the Probation Officer submitted to the Juvenile Court shall be treated as confidential. (3) The Juvenile Court may, if it so thinks fit, communicate the substance of the report to the child or his guardian and, where any one of them disputes the contents or views contained therein, the Juvenile Court may give such child or, as the case may be, guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report. 10. Arrest and bail. – (1) Where a child is arrested for commission of an offence, the officer incharge of the police station in which the child is detained shall, as soon as may be, inform - (a) the guardian of the child, if he can be found, of such arrest and inform him of the time, date and name of the Juvenile Court before which the child shall be produced; and (b) the concerned Probation Officer to enable him to obtain such information about the child and other material circumstances which may be of assistance to the Juvenile Court. (2) Where a child accused of a non-bailable offence is arrested, he shall, without any delay and in no case later than twenty-four hours from such arrest, be produced before the Juvenile Court. (3) Without prejudice to the provisions of the Code, child accused of a bailable offence shall, if already not released under section 496 of Code, be released by the Juvenile Court on bail, with or without surety, unless it appears that there are reasonable grounds for believing that the release of the child shall bring him into association with any criminal or expose the child to any danger, in which case, the child shall be placed under the custody of a Probation Officer or a suitable person or institution dealing with the welfare of the children if parent or guardian of the child is not present, but shall not under any circumstances be kept in a police station or jail in such cases. (4) The Juvenile Court shall, in case where a child is not granted bail under subsection (30), direct for tracing the guardian of such child and where the guardian of the child is traced out, the Juvenile Court may immediately release the child on bail. (5) Where a child under the age of fifteen years is arrested or detained for an offence which is punishable with imprisonment of less than ten years, shall be treated as if he was accused of commission of a bailable offence. (6) No child under the age of fifteen years shall be arrested under any of the laws dealing with preventive detention or under the provisions of Chapter VIII of the Code. (7) Notwithstanding anything contained in the Code and except where a Juvenile Court is of the opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, a child who, for commission of an offence, has been detained, shall be released on bail, - (a) if, being accused of an offence punishable with death has been detained for such an offence for a continuous period exceeding one year and whose trial for such an offence has not concluded; (b) if, being accused of any offence punishable for imprisonment for life has been detained for such an offence for a continuous period exceeding six months and whose trial for such offence has not concluded; or (c) who, being accused of any offence not punishable with death, or imprisonment for life, has been detained for such an offence for a continuous period exceeding four months and whose trial for such an offence has not concluded: Provided that where a child of the age of fifteen years or above is arrested, the court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence punishable with death or imprisonment for life. 11. Release on probation. – Where on conclusion of an inquiry or trial, the Juvenile Court finds that child has committed an offence, then notwithstanding anything to the contrary contained in any law for the time being in force, the Juvenile Court may, if it thinks fit - (a) direct the child offender to be released on probation for good conduct and place such child under the care of guardian or any suitable person executing a bond with or without surety as the court may require, for the good behaviour and well-being of the child for any period not exceeding the period of imprisonment awarded to such a child: Provided that the child released on probation be produced before the Juvenile Court periodically on such dates and time as it may direct. (b) make an order directing the child offender to be sent to a Borstal institution until he attains the age of eighteen years or for the period of imprisonment whichever is earlier. (c) reduce the period of imprisonment or probation in the case where the Court is satisfied that further imprisonment or probation shall be unnecessary. 12. Orders that shall not be passed with respect to a child. – Notwithstanding anything to the contrary contained in any law for the time being in force no child shall be - (a) awarded punishment of death, or ordered to labour during the time spent in any Borstal or such other institution; and (b) handcuffed, put in fetters or given any corporal punishment at any time while in custody: Provided that where there is reasonable apprehension of the escape of the child from custody, he may be handcuffed. 13. Appeal etc. – (1) A child convicted on a trial by a Juvenile Court, or any other person on his behalf, may, within thirty days from the date of such order, prefer an appeal in accordance with the provisions of the Code. (2) The Provincial Government or any person aggrieved by an order of acquittal passed by a Juvenile Court, may, within thirty days, prefer an appeal against such order in accordance with the provisions of section 417 of the Code. 14. Ordinance not to derogate from other laws. - The provisions of this Ordinance shall be in addition to and not in derogation of, any other law for the time being in force. 15. Power to make rules. – The Provincial Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance. |
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2. Juvenile Justice Rules, 2001
JUVENILE JUSTICE RULES, 2001
(Islamabad Territory) [The Gazette of Pakistan Extraordinary Part II, 11th December 2991] S.R.O.867(I)2001. – In exercise of the powers conferred by Section 15 of Juvenile Justice Systems Ordinance 2000 (XXII of 2000), read with Justice Division’s Notification No.F-17 (2)/80-Pub.dated 31.12.1980 issued in pursuance of (Article 2 of 1980) and all other powers relating in that behalf the Government of Pakistan, ICT Administrations is pleased to make the following rules, namely :- PART 1 – PRELIMINARY 1. Short title, commencement and application:- (1) These Rules may be called (as Juvenile Justice rules, 2001: (2) They shall come into force at once. (3) They shall extend to the whole of the Islamabad Capital Territory. 2. Definition:- (1) In these rules, unless there is something repugnant in the subject or context.- (a) “Incharge” means a person appointed by the [Provincial Government] as incharge of the Borstal Institution. (b) “Inmate” means all those juveniles who are placed and detained in [a] Borstal Institution. (c) “Juvenile” means a person who at the time of commission of an offence has not attained the age of eighteen years [or a child as defined in the Juvenile Justice System Ordinance, 200]; (d) “Parole Officer” means a person appointed by [the Provincial Government to perform the function of Parole Officer in the Reclamation and Probation Department under the Good Conduct Prisoners Probational Release Act, 1926 (Act X of 1926) and other rules framed and enforced for the time being. (e) [He and its derivative are hereinafter used for any Juvenile whether male or female.] (f) [The words importing singular number include plural number and the words importing plural number include singular number] (2) “Words and expression” used but not defined shall have the same meanings as assigned in the respective laws. [*] Added by this Administration. 3. Legal Assistant. – (1) Where it appears to a Juvenile Court that a legal practitioner appointed by the State to conduct a case of juvenile is not competent or diligent, the Court may direct to engage any other legal practitioner for the purpose at the state expense. (2) A panel of legal practitioners shall be constituted by the Sessions Judge for the purpose of providing legal assistance to the Juveniles at state expense, [Whereas,] a legal practitioner shall not be appointed for more than two cases of the juveniles at the same time. (3) The legal practitioner, appointed to defend the case of a juvenile, shall be entitled to receive fee determined by the Session judge subject to [the] minimum [limit] of [Rs.5000/- rupees five thousand] and not [exceeding] [Rs.10,000/- ten thousand]. (4) The cases of juveniles shall not be dealt by the same legal practitioner successively at the state/expense unless otherwise asked for by the Juvenile Court. PART II – INSTITUTIONAL TREATMENTS 4. Establishment of Borstal Institutions. – (1) [The Provincial Government] shall establish and maintain [atleast] one Borstal institution in ICT to keep and accommodate [the juveniles] [therein.] (2) All arrangements to impart education and training with respect to their mental, physical, moral and physiological development shall be provided within the Borstal Institutions. 5. Accommodation for juvenile. – (1) The Borstal Institution shall provide accommodation to the juveniles with reasonable facilities such as toilets, bath rooms, cleanliness [and sanitation]. (2) The juveniles shall be provided, if possible, with cellular accommodation for the purpose of their separation [from their] inmates at night. 6. Juveniles to be sent to Borstal Institution. – If the Juvenile Court on the conclusion of an enquiry or trial, finds that the juvenile has committed the offence, the Court may make an order directing the juvenile to be sent to a Borstal Institution until he attains the age of eighteen years or for such period of imprisonment as awarded to him by the Court whichever is earlier. 7. Juvenile to be admitted in Borstal Institution. – (1) No juveniles shall be admitted to a Borstal Institution except under a lawful warrant or an order issued by a Juveniles Court having jurisdiction into the matter addressed to the Incharge of the Borstal Institution. (2) On admission to a Borstal institution, the Incharge, responsible to receive the juveniles shall record the requisite information regarding each juvenile such as name, parentage complete address, education, section of law charged, first information report number, police station, address of the Court concerned, date of production in Court, if any, and the term of his detention in the Borstal institution. (3) On admission to a Borstal institution, every juvenile shall be examined by the District Health Officer, who shall record his age, weight, height, identification marks and health report of every such juvenile so admitted in the Borstal institution. (4) The District Health Officer shall take appropriate steps for treatment of the sick juveniles. (5) On admission to the Borstal institution, a female juvenile shall be dealt only by the female staff in all matters relating to the female juvenile. 8. Thorough search of every juvenile. – (1) On admission to a Borstal institution, every juvenile shall be thoroughly searched. (2) No juvenile shall be allowed to keep any prohibited article in any law or rule relating to detention of the offenders for the time being in force. 9. Transfer of juvenile.- All juveniles already ordered to be detained under any of the laws pertaining to the juveniles, shall immediately by transferred to the Borstal institution. 10. Detention of female juvenile. – (1) Female juveniles shall be detained in a separate enclosure of the Borstal institution exclusively established for the purpose. (2) In case the is no such enclosure as mentioned in Section (1) above, they shall immediately be transferred to any care home as ordered by the Court. Female juveniles shall in no case be kept in a police lock up or prison. 11. Facility of meeting of juvenile. – Every juvenile shall be allowed reasonable facilities of seeing or communicating with his relatives, friends and legal adviser in connection with his family affairs or judicial matters and shall be allowed to have meeting with them at least twice a week. 12. Release of juvenile.- (1) On receipt of written release order from the juvenile Court, the juvenile shall immediately by released from the legal custody after due satisfaction into the validity of the release order. (2) On release of every juvenile, he shall be provided with a certificate as to his character, health, Education and [the training received] by him during his detention in the Borstal institution by the Incharge of the institution which may be helpful in his adjustment in the society. 13. Health, hygiene and medical care.- (1) A medical file of every juvenile shall be maintained in the Borstal institution alongwith his previous medical history, if any. (2) There shall be regular medical check up of the juvenile detained in the Borstal insitution after every three months and they shall be advised properly by the District Health Officer to maintain their health and hygienic satisfactory. (3) All types of the [necessary medicines/medical facilities shall be arranged within the Borstal institution including the arrangements for their necessary medical tests. (4) Cases of patients of Tuberculosis, asthma, Chronic Bronchitis, Hepatitis H&C, HIV/AIDS & Cancer, Epilepsy and any other serious disease shall be forwarded to the juvenile Court for bail etc. by the Incharge of the Borstal institution alongwith latest medical reports. (5) Less serious patients may be treated in isolation from their inmates within the hospital of the institution. 14. Moral treatment.- (1) All juveniles shall be given careful individual attention to develop their moral conduct and attitude in order to make them disciplined citizens. (2) [Special treatment programmes shall be arranged with respect to religious] education upto the high school level [alongwith] industrial/vocational/technical training under proper supervision. 15. Technical training. – (1) Every juvenile shall be allowed to choose any of the industrial training to be imparted in the institution and shall be encouraged to receive the training of his choice or the training compatible with his preference, profession or circumstances, as far as possible. (2) If [a juvenile] shows no special inclination or aptitutude [in any of the training, programme as discussed earlier] the head of the institution may decide the industry [which he should be taught giving full consideration to his hereditary calling and the pursuit which he would follow after his release from the Borstal institution under the circumstances in order to enable him to earn respectable livelihood in the society.] (3) The services of the (the) juveniles may be utilized in the [field] of architecture [as well]. 16. Physical training, sports and recreation.- (1) [Facilities] [of] physical drill, gymnastics, [scouting and] indoor/outdoor games shall be provided to the [juvenile detained in the Borstal] [institutions]. Instructions in first-aid and sanitation shall also be imparted regularly. A spacious playground shall be provided in every Borstal Institution. 17. Psychological development of juveniles. – (1) All possible steps shall be taken to improve the mental caliber of the juveniles and in this connection, their natural instincts and skills shall be [identified], developed and promoted. (2) Juveniles shall not be allowed to waste [their]time [in the Borstal institution]. (3) Juveniles shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 18. Complaints and requests by juveniles.- (1) Each and every complaint and requests made by the juveniles shall be properly attended [to] by the Incharge [of] of the Borstal institution and every [such grievance [shall] be redressed [as is necessary for the purposes of the Juvenile Justice System within the] shortest possible time. (2) [Any] false [or] malingering report made by [a] juvenile may however, be discouraged for the sake of maintenance of [the] institution order and discipline. 19. Discipline and punishment. – (1) Discipline and order shall be maintained with firmness, but with no more restriction [and force] than is necessary for safe custody of the juvenile and maintenance of peace and order within [the Borstal] institution. 20. No, stigmatization. – No juvenile shall be stigmatized in any of the matter relating to arrest, inquiry, Court proceedings, prosecution, probation and conviction unless specifically authorized by the [juvenile] court. |
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3. Balochistan Juvenile Justice Rules, 2002.
Balochistan Juvenile Justice Rules, 2002.
Dated Quetta, the 26th February, 2002. NOTIFICATION No. SO(Judl5(18)/2001/365-93. in exercise of the powers conferred by Section 15 of the Juvenile Justice System Ordinance, 2000 (XXII) of 2000) the Government of Balochistan is pleased to make the following Rules, namely PART I PRELIMINARY 1. Short title, commencement and application: (1) These Rules may be called the Balochistan Juvenile Justice Rules, 2002. (2) They shall come into force at once. (3) They shall apply to all the Juveniles in Balochistan. 2. Definitions: In these rules, unless there is something repugnant to the subject or context, the following expressions shall have the meanings, (a) “Juvenile means a person who at the time of commission of an offence has not attained the age of eighteen years and includes a child and a youthful offender; (b) “child” means a person under a statutory age and includes all children who at the time of framing of a charge or initiation of any proceeding under theses rules are under seven years of age; (Section 82 of Pakistan Penal Code); or under twelve years of age with immature understanding (section 83 of Pakistan Penal Code); or under fourteen years of age (Constitution of Islamic Republic of Pakistan); or under sixteen years of age (Sindh Children Act, 1955) and under eighteen years of age (Juvenile Justice System Ordinance, 2000) (c) “Youthful Offender” means a person who at the time of commission of an offence is under fifteen years of age; (d) “Guardian” means a parent or a person who has actual care of the child and includes such relative who unwilling to bear the responsibility of the child; (e) “Borstal institution” means a place where Juvenile delinquent be detained and given education and training for their mental, moral and psychological developments. It includes certified school; Juvenile training school; industrial centres, classification, Care or Remand Homes; and Half-way Houses. (f) “Code” means the Code of Criminal Procedure, 1898 (Act V of 1898); (g) “inmate” means all those juveniles who are placed and confined in the borstal institution. (h) “word and expressions” used herein but not defined in these rules have the same meaning as defined in the Juvenile Justice System Ordinance, 2002, and the Laws in force in this Province. 3. Legal Assistance: (1) A Juvenile who is involved, arrested, accused or incriminated of commission of an offence or is a victim of an offence shall have the right of legal assistance at the expense of the state. (2) Where it appears to a Juvenile court that a legal practitioner engaged by the state is not competent or diligent, the court may direct to engage any other legal practitioner at the expense of state as provided under sub-rule(1). PART –II POWERS AND PROCEDURE OF JUVENILE COURTS 4. Procedure of Juvenile Courts; A Juvenile Court shall take all necessary steps to protect the rights of Juvenile. 5. Orders that shall not be passed: Notwithstanding anything to the contrary in any law for the time being in force, no Juvenile shall be: (a) awarded punishment of death, or ordered to labour during the time spent in any borstal or such other institution; and (b) Handcuffed, put in fetter or given any corporal punishment at any time while in custody. Provided that where there is reasonable apprehension of the escape of the Juvenile from custody, he mat be handcuffed. PART –III ARREST, PRODUCTION AND BAIL 6. Bail If it appears that there are reasonable grounds for believing that the release of he Juvenile shall bring him in association with any criminal or expose him to any danger, he may not be released. 7. Juvenile not to be kept in Police Station or Jail The Juveniles shall not under any circumstances be kept in a police station or jail. PART – IV PROBATION 8. Juvenile be placed under custody of probation Officer: If circumstance do not permit for release of any Juvenile on bail or otherwise, he shall be placed under the custody of a probation officer or a suitable person or institution dealing with the welfare of the Juvenile if parent or guardian of the Juvenile is not present. 9. Court to reduce period of imprisonment or probation. Where on conclusion of an inquiry or trial, the Juvenile court finds that a Juvenile has committed an offence, then not withstanding anything to the contrary contained in any law for the time being in force, the Juvenile court may, if it thinks fit, reduce the period of imprisonment or probation in the case where the court is satisfied that further imprisonment or probation shall not be necessary. PART –V INSTITUTIONAL TREATMENT 10. Establishment of borstal institutions: (1) the borstal institution shall be maintained at least in every district of the province to keep and accommodate Juveniles. (2) All arrangements relating to education and training for their mental, moral and psychological development shall be provided within borstal institution. 11. Accommodation for Juveniles: (1) The Juveniles shall be provided suitable accommodation. (2) Juvenile shall be provided with cellular accommodation for the purposes of separation of inmates at night. 12. Juvenile to be sent to borstal institution: If the Juvenile court finds that a child has committed an offence on conclusion of an inquiry or trial, the court may make an order directing the Juvenile delinquent to be sent to a borstal institution until he attains the age of eighteen years or for the period of imprisonment which ever is earlier. 13. Juvenile to be admitted in borstal institution: (1) No Juvenile shall be admitted into a borstal institution except under a lawful warrant or order issued by a Juvenile court or court of jurisdiction addressed to Head / Officer Incharge of borstal institution. (2) on admission to borstal institution, the officer responsible to receive the Juvenile delinquent shall record all requisite informations about each inmate regarding name, parentages, complete address , section of law, FIR number, police station, address of the court concerned, date of production in court, if any, and the term of imprisonment. Besides these entries, state of education shall also be recorded of every inmate. (3)On admission to borstal institution, every Juvenile shall be examined by Medical Officer, who shall record age, weight, height, identification marks and state of health of every inmate. The Medical Officer shall take appropriate steps for treatment of sick inmates. (4) On admission to borstal institution, a female Juvenile delinquent shall be dealt by only female staff in all related matters. 14. Thorough search of every Juvenile: On admission to a borstal institution, every Juvenile shall be thoroughly searched. No person shall be allowed to keep any prohibited article as declared in any law or rule for the time being in force, to be prohibited. 15. Transfer of Juvenile: All Juveniles ordered to be detained under any of the law pertaining to Juveniles shall be immediately transferred to the borstal institution. 16. Female Juvenile delinquents where to be confined: (1)Female Juvenile delinquents shall be confined in separate enclosure of the borstal institution exclusively meant for this purpose but if there is no such enclosure, they shall be immediately transferred to any classification or care home as ordered by the court. (2) Female Juvenile delinquent shall in no case be kept in police lock up or prison. 17. Facility of interview for Juvenile Every Juvenile shall be allowed reasonable facility for seeing or communicating with his relatives, friends and legal advisor in connection with his judicious matters or family affairs. He shall be allowed to have interview with them at least twice a week. 18. Release of Juvenile (1) On receipt of written release order from the Juvenile court, the Juvenile shall be immediately released from the legal custody after due satisfaction into the validity of release order. (2) On release of every Juvenile, he shall be provided with a certificate by the Superintendent / Office Incharge of the institution which will be helpful in his adjustment in the society. 19. Facility of release on parole for Juvenile. (1) Juveniles shall be allowed the maximum facility of conditional release through parole. In this connection parole officers may frequently be allowed to visit Juveniles and to complete all relevant documents in the shortest possible time. (2) Juveniles released conditionally from an institution shall be assisted and supervised by the Reclamation and probation Department through parole officer and shall receive full support of the department and the community. (3) The parole officer shall be responsible for supervision, care and guidance of Juvenile for his constructive and productive role in society. Provision of cots and other facilities for juveniles : (1) Cots shall be provided to all juveniles confined in a borstal institution. (2) Electric light shall be provided in all rooms for reading up to 10 p.m. (3) Sanitary toilets and bath rooms shall be provided for the inmates. (4) Dining halls for eating in association shall also be provided. (5) Electric fans shall be provided in all rooms and workshops. 21. Facility of food for Juveniles : (1) Every juveniles shall be provided by the administration at usual hours with food of nutritional value, adequate for health and strength, of wholesome quality and well prepared and served. (2) Drinking water shall be available to every inmate whenever he needs it. 22. Clothing and bedding for Juveniles: (1) Every juvenile shall be provided with an outfit of clothing by the institution. It shall be clean and fit for use. (2) Every juvenile shall also be provided with a separate bed, which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness. 23. Facility of Education for Juveniles : (1) Every juvenile shall be provided facility of education within borstal institution for at least four hours daily. (2) Every inmate shall be provided full guidance and instruction in reading, writing and learning arithmetic through a paid teacher. (3) The standard of general education will be upto Matric Standard as laid down for schools by Education Department. (4) If inmate wants to get higher studies, he shall be allowed for the same provided there is no complication for the administration of the institution. (5) A well stocked library shall be provided in the borstal institution. 24. Facility of Religion's Education for Juveniles : (1) Every juvenile shall be entitled to receive religious education within borstal institution. (2) Every Muslim juvenile shall be compulsorily taught, Nimaz with its meaning. He shall also learn Holy Quran with its meaning by a religious teacher. (3) Every juvenile shall be asked to study ethics for which a course is to be introduced and at the end of course, a written examination may be conducted. 25. Facility of Remission for Convicted Juveniles : Every convicted juvenile shall be entitled to earn all kinds of remissions as provided in the Prisons Rules. 26. Health, Hygiene and Medical Care for Juveniles : (1) Every juvenile shall be examined by the Medicare Officer on his admission to a borstal institution and his age, weight, height, identification marks and state of health shall be recorded in the relevant register. (2) File of every inmate, shall be maintained in each institution alongwith previous medical history. (3) There shall be regular medical check up of the inmates after every three months and inmates shall be advised to maintain health and hygiene by the Medical Officer. (4) All types of medical tests be arranged inside the institution. (5) Cases of patients of Tuberculosis, Asthma, Chronic Bronchitis, Hepatitis, HIV+, Cancer, Epilepsy and Leprosy shall be forwarded to juvenile court for bail etc, by the superintendent of the institution alongwith latest medical reports. (6) Less serious patients may be treated in isolation or in hospital of the institution. 27. Treatment of Juveniles: (1) All juveniles shall receive careful individual attention. The features of their treatment will be: (a) Sustained work; (b) Physical, mental and moral training with a view to teach them self-discipline; and (c) Careful arrangement for their future discharge. The aim of this treatment shall be to give the Juvenile delinquents whose mind and character are still pliable, such training as is likely to create in them a high standard of social behavior. (2) The treatment programmes shall be arranged through teachings of Nimaz, elementary education and industrial training under proper supervision. 28. Industrial Training of inmates: (1) An inmate shall be encouraged to pick up the industry of his choice. He shall be given the choice of any of the industries taught in the institution compatible with his profession, taste or other circumstances as far as possible. (2) If the inmate shows no special inclination or aptitude, the head of the institution may decide the industry which, he should be taught, giving full consideration to his hereditary calling and which he may follow after release to enable him to earn an honest livelihood. (3) The services of Juveniles may be utilized by the work of architecture also. 29. Physical Training, Sports and Recreation: (1) Physical drill, gymnastics, indoor and outdoor games and training in scouting shall be provided for all inmates. (2) Instructions in first aid and sanitation shall be regularly imparted. (3) A spacious playground shall be provided in every Brutal Institution. 30. Psychological Development of Juveniles. (1) All possible steps shall be taken to improve the mental caliber of the juveniles. In this connection their natural instincts and skills shall be developed and promoted. (2) Juveniles shall not be allowed to sit empty-minded or to roam here and there unnecessarily within the institution. (3) Juveniles shall be encouraged to perform, both individually and collectively, in the area of national reconstruction and the development. 31. Complaints and requests by Juveniles: (1) Each and every complain and request made by the juveniles shall be properly attended by the head of borstal institution and every grievance be redressed within shortest possible time. (2) A fake and malingering report made by the juvenile may, however, be discouraged for the sake of maintenance institutional discipline. 32. Discipline and Punishment: (1) No juvenile shall be punished unless he has been informed of the offence alleged against him and the punishment would be according to rules already prescribed for this purpose. (2) No juvenile shall be punished twice for an offence. PART VI MISCELLANIES 33. No Stigmatization : No juvenile shall be stigmatized in any of the matters relating to arrest, inquiry, court proceedings, prosecution, probation and conviction unless specifically authorized by the court. 34. Rules not to Derogate from other Laws and Rules: (1) The provisions of these rules shall be in addition to and not in derogation of any other law and rules for the time being in force. (2) Notwithstanding anything contained contrary to any law, the rights of the juvenile be protected in good faith according to the Juvenile Justice ordinance ,2002 and these Rules. 34. Secretary Law to visit Borstal Institution : (1) It shall be the duty of Secretary law, Government of Balochistan or any other Officer authorized by the Government from time to time to visit and inspect every institution situated within the Province and to satisfy himself that the provisions of the Ordinance and rules are duly observed. (2) The result of each visit and inspection made shall be recorded to the visitors book maintained at the institution. |
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4. Juvenile Justice (NWFP)
GOVERNMENT OF N.W.F.P
HOME AND TRIBAL AFFAIRS DEPARTMENT NOTIFICATION Dated Peshawar the 9th May 2002 No.SO(Prisons)HD/4-63/2002. In exercise of the powers conferred by section 15 of the Juvenile Justice System Ordinance,2000 (Ord.No.XXII of 2000), Government of the North-West frontier Province is pleased to make the following rules:- PART-I PRELIMINAERY 1) Short Title And Commencement: (1) These rules may be called the North-West Frontier Province Juvenile Justice System Rules, 2002. (2) They shall come into force at once. (3) They shall extend to the whole of the North- West Frontier Province. 2) Definitions: (1) In these rules, unless there is something repugnant to the subject or context:- (a) “Government” means the Government of the North- West Frontier Province; (b) “Incharge” means Incharge of a borstal Institution appointed by Government. (c) “inmate” mweans all those Juveniles who are placed and detained in the borstal Institution. (d) “Juvenile” means a person who at the time of commission of an offence has no attained the age of eighteen years and includes a child and a youthful offender, and (e) “Province” means the North-West Frontier Province. 3) Legal Assistance --- (1) Where it appears to Juvenile Court that a legal practitioner appointed by the state is not competent or diligent, the Court mat direct to engage any other legal practitioner at the expense of State. (2) A panel of legal practitioners shall be constitute by the Sessions Judge for the purpose of legal assistance at the expense of the State wherein a legal practitioner shall not be appointed for more than two cases of Juveniles at a time. (3) The legal practitioner, appointed to defend the case of Juvenile shall be entitled to receive a fee determined by the Session Judge, subject to minimum payment of Rs.5000 and shall not exceed to Rs.10,000. (4) The cases of Juveniles shall not be dealt by the same legal practitioner again and again at the expense of Sate unless otherwise, asked by the Juvenile Court. PART-II INSTITUTIONAL TREATMENT 4) Establishment of Borstal Institutions .… (1) Government shall establish an minimum a borstal Institution in at least every District of the Province to keep an accommodate Juveniles in such borstal Institution as soon as possible under these rules:- (2) All arrangements relating to Juveniles education & training for the mental, moral and psychological development shall be provided within such borstal Institution. 5) Accommodation For Juveniles …. (1) The borstal Institution shall provide for accommodation to the Juveniles with reasonable facilities such as sanitary, toilets, bathrooms. 2) The Juveniles shall be provided, if possible with cellular accommodation for the purposes of separation of inmates at night. 6) Juveniles To Be Sent Borstal Institution…. If the Juvenile Court thinks that the Juvenile has to be sent to a borstal Institution, it may make an order directing the Juvenile delinquent to be sent to be borstal Institution until he or she attains the age of 19yrs or for the period of imprisonment which ever is earlier. 7) Juveniles To Be Admitted in Borstal Institution….. (1) No Juvenile shall be admitted into a borstal Institution, expect under a lawful order issued by a Juvenile Court, addressed to Incharge of borstal Institution to admit such Juvenile in the borstal Institution. 2) On admission to a borstal Institution, the Incharge. Shall be responsible to receive the Juvenile delinquents, and shall maintain a register to record all requisite information about each inmate such as his/ her name, parentage, complete address, education, section of law under which he/she is convicted, First Information Report number, name of people station where the First Information Report has been lodged, address of the court concerned,, date of production in court, if any, and the term of detention. 3) On admission to a borstal Institution every Juvenile shall be examined by District Health Officer, who shall record age, eight, height, identification marks and shall maintain or cause to be maintained a health report of every inmate. 4) On admission to borstal Institution, a female shall be dealt by only female staff in all related matters. 8) Thorough Search Of Every Juvenile…. (1) On admission in a borstal Institution every inmate shall be thoroughly searched. 2) No inmate shall be allowed to keep any article, the keeping whereof is prohibited under any law or rule for the time being enforce. 9) Transfer of Juveniles…… All Juveniles order to be detained under any of the laws pertaining to Juveniles shall immediately be transferred to a borstal Institution. 10) Detention Of Female Juveniles…… (1) Female Juveniles shall be detained in separate enclosure of the borstal Institution exclusively established for this purpose. 2) In case there is no such enclosure, they shall be immediately transferred to any care home as ordered by the court. 3) Female Juveniles, shall in no case be kept in a police lockup or prison. 11) Facility Of Meeting For Juveniles……. (1) Every Juvenile shall be allowed reasonable facilities for seeing or communicating with his or her relatives, friends and legal advisor in connection with judicious matters or family affairs and shall be allowed to have meetings with them at least twice week. 12) Release Of Juveniles…….. (1) On receipt of written order from the Juvenile Court, the Juvenile shall be immediately released from the legal custody after due satisfaction into the validity of the release order. 2) On release of every Juvenile, he or she shall be provided with a certificate by the Incharge of a borstal Institution which may be helpful in his or her adjustment in the society. 13) Health, Hygiene And Medical Care……… (1) The medical file of every inmate shall be maintained in the each institution, alongwith pervious medical history. 2) There shall be regular medical checkup of the inmates after every three months and inmates shall be advised to maintain proper health and hygiene by the District Health Officer. 3) All types of medical tests, as and when required, shall be arranged inside the borstal Institution. 4) Cases of patients Tuberculosis, Asthma, Chronic, Bronchitis, Hepatitis, B & C, Hiv/Aids +, Cancer, Epilepsy, Leprosy ad any other serious disease shall be forwarded to the Juvenile Court for bail etc., by the Incharge of the borstal Institution alongwith latest medical report. 5) Less serious patients may be treated in isolation or in hospital of the borstal Institution. 14) Moral Treatment …… (1) All Juveniles shall be given careful individual attention in order to develop their conduct, moral attitudes and discipline. 2) The treatment programmes shall be arranged through religious institutions, education upto high school level and industrial / vocational, technical training under proper supervision. 15) Teaching Training ……… (1) An inmate shall be encouraged to pick up the training of his or her choice shall be given the choice of any of the industries taught in the institution compatible with his or her profession, preference or other circumstances s for as possible. 2) If inmate shows no special inclination or aptitudes, the head of the borstal Institution may decide the industry where inmate should be taught, giving full consideration to his or her hereditary calling and which he or she may follow after release to enable him or her to have respectable livelihood. 3) The services of Juveniles may be utilized in the work of architecture also. 16) Physical Training Sports and Recreation …….. (1) Physical drill, gymnastics, indoor & outdoor games and training in scouting shall be provided for all inmates. 2) Instructions in first-aid and sanitation shall be regularly imparted. 3) A spacious playground shall be provided in every borstal Institution. 17) Psychological Development Of Juveniles …. (1) All possible tax shall be taken to improve the mental caliber of the inmates and in this connection their natural instincts and skills shall be developed and promoted. 2) Inmates shall not be allowed to waste his or her time unnecessary within the borstal Institution. 3) Inmates shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 18) Complaints And Requests by Inmates ……… (1) Each & every complaint and request made by Juvenile shall be properly attended by the Incharge of borstal Institution and every grievance shall be redressed within the shortest possible time. 2) A false and malingering report made by a inmate may whoever, be discouraged for the sake of maintenance of institutional discipline. 19) Discipline in the borstal Institution……. Discipline & Order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and maintenance of peace and other within the borstal Institution. 20) NO Stigmatization ………. (1) No inmate shall be stigmatized in any of the matters relating to arrest, inquiry, court proceedings, prosecution, probation and conviction unless specifically authorised by the court. Secretary to Government of N.W.F.P Home and Tribal Affairs Department |
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5. Punjab Juvenile Justice Rules, 2002
PUNJAB JUVENILE JUSTICE RULES, 2002
NO.SO(R&P)10-38/85 Vol-III. – In exercise of the powers conferred by Section 15 of the Juvenile Justice System Ordinance 2000 (XXII of 2000), the Government of the Punjab is pleased to make the following rules: PART – I PRELIMINARY 1. Short title and commencement (1) These rules may be called the Juvenile Justice Rules, 2002. (2) They shall come into force at once. 2. Definitions. – (1) In these rules, there is something repugnant to the subject or context: (a) “Incharge” means a person appointed by the Provincial Government as incharge of a borstal institution; (b) “Inmate” means all those juveniles who are placed and detained in the borstal Iinstitution; (c) “Juvenile” means a person who at the time of commission of an offence has not attained the age of eighteen years and includes a child and a youthful offender; and (d) “Probation Officer” means a person appointed by Provincial Government to perform the function of Probation Officer in the Reclamation & Probation Department under the Probation of Offenders Ordinance, 1960 (XLV of 1960) and under the Juvenile Justice System Ordinance 2000 (XXII of 2000). (2) “Words and expressions” used but not defined in these rules shall have the same meanings as assigned to them in the respective laws. 3. Legal Assistance. – (1) Where it appears to a juvenile court that a legal practitioner appointed by State is not competent or diligent, the court may direct that any other legal practitioner be engaged at the expense of State. (2) A panel of legal practitioners shall be constituted by the Sessions Judge, for the purpose of legal assistance at the expense of the state but a legal practitioners shall not be appointed for more than two cases of juveniles at a time. (3) The legal practitioner, appointed to defend the case of juvenile, shall be entitled to receive a fee to be determined by the Sessions Judge but it shall not be less than five thousand rupees and more than ten thousand rupees. PART – II INSTITUTIONAL TREATMENT 4. Establishment of borstal institutions.- (1) The Provincial Government shall establish and maintain borstal at least one in every district of the province to keep and accommodation juveniles in such borstal institution. (2) All arrangements relating to education and training for their mental, moral and psychological development shall provided within borstal institution. 5. Accommodation for juveniles. – (1) The bostal institution shall provide accommodation to the juveniles with reasonable facilities such as sanitary, toilets and bath rooms. (2) The juveniles shall be provided, if possible, with cellular accommodation for the purposes of separation of inmates at night. 6. Juvenile to be admitted in borstal institution. – (1) No juvenile shall be admitted into a borstal institution except under a lawful warrant or order issued by a juvenile court, having jurisdiction, addressed to Incharge of borstal institution. (2) On admission to a borstal institution, the Incharge, responsible to receive the juvenile delinquents, shall record all requisite information about each inmate such as name, parentage complete address, education, section of law, first information report number, police station, address of the court concerned, date of production in court, if any, and the term of detention. (3) On admission to a borstal institution, every juvenile shall be examined by District Health Officer, who shall record age, weight, identification marks and health report of every inmate. (4) The District Health officer shall take appropriate steps for treatment of sick inmates. (5) On admission to borstal institution, a female juvenile shall be dealt by only female staff in all related matters. 7. Thorough search of every juvenile.- (1) On admission to a borstal institution, every juvenile shall be thoroughly searched. (2) No person shall be allowed to keep any prohibited article as explained in any law or rule for the time being in force. 8. Transfer of juveniles. – All juveniles ordered to be detained under any of the laws pertaining to juveniles, shall be immediately transferred to the borstal institution. 9. Detention of female juveniles. – (1) Female juveniles shall be detained in separate enclosure of the borstal institution exclusively established for this purpose. (2) In case there is no such enclosure, they shall be immediately transferred to any care home as ordered by the court. (3) Female juveniles shall is no case be kept in a police lock up or prison. 10. Facility of meeting for juveniles. – (1) Every juvenile shall be allowed reasonable facilities for seeing or communicating with his or other relatives, friends and legal adviser in connection with judicious matters or family affairs and shall be allowed to meet them at least twice a week. 11. Release of juveniles. – (1) On receipt of written release order from the juvenile court, the juvenile shall be immediately released from the legal custody after due satisfaction into the validity of the release order. (2) On release of every juvenile, he or she shall be provided with a certificate by the Incharge of the institution which may be helpful in adjustment in the society. (3) Government may at any time for reasons to be recorded in writing, order a juvenile to be discharged from a Borstal Institution or released from the custody of fit person either absolutely or on such conditions as Government deems appropriate. 12. Health, hygiene and medical care. – (1) Medical file of every inmate shall be maintained in each institution alongwith previous medical history. (2) There shall be regular medical check up of the inmates after every three months and inmates shall be advised by the District Officer to maintain proper Health and Hygiene. (3) All types of medical tests shall be arranged inside the institution. (4) Cases of patients of Tuberculosis, Asthma, Chronic Bronchitis, Hepatitis B&C, HIV/AIDS+, Cancer, Epilepsy, Leprosy and any other serious disease shall be forwarded to the juvenile court for bail etc. by the Incharge of the “institution alongwith latest medical reports. (5) Less serious patients may be teated in isolation or in hospital of the institution. 13. Moral Treatment. – (1) All juveniles shall be given careful individual attention in order to develop their conduct, moral attitudes and discipline. (2) The treatment programmes shall be arranged through religious instructions, education upto high school level and industrial/vocational/technical training under proper supervision. 14. Technical training. – (1) an inmate shall be encouraged to pick up the training of his or her choice and shall be given the choice of any of the industries taught in the institution compatible with his or her profession, preference or other circumstances as far as possible. (2) If the inmate shows no special inclination or aptitude, the head of the institution may decide the industry where inmate should be taught giving full consideration to his or her hereditary calling and which he or she may follow after release to enable him or her to have respectable livelihood. (3) The services of juveniles may be utilized in the work of architecture also. 15. Physical training sports and recreation. – (1) Physical drill, gymnastics, indoor and outdoor games and training scouting shall be imparted to all inmates. (2) Instructions in first-aid and sanitation shall be regularly given. (3) A spacious playground shall be provided in every borstal institution. 16. Psychological development of juveniles. – (1) All possible steps shall be taken to improve the mental caliber of the juveniles and in this connection, their natural instincts and skills shall be developed and promoted. (2) Juveniles shall not be allowed to waste his or her time unnecessarily within the institution. (3) Juveniles shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 17. Complaints and requests by juveniles. – (1) Each and every complaint and request made by the juveniles shall be properly attended by the Incahrge of borstal institution and every grievance be redressed within the shortest possible time. (2) A false and malingering report made by the juvenile may, however, be discouraged for the sake of maintenance of institutional discipline. 18. Discipline and punishment. – (1) Discipline and order shall be maintained with firmness, but no more restriction than is necessary for safe custody and maintenance of peace and order within institution shall be maintained with firmness. 19. No stigmatization. – (1) No juvenile shall be stigmatized in any of the matters relating to arrest, inquiry, court proceedings, prosecution, probation and conviction unless specifically authorized by the court. |
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6. Sindh Juvenile Justice Rules, 2002
SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred by Section 15 of the Juvenile Justice System Ordinance, 2000, the Government of Sindh are pleased to make the following rules: - PART 1 – PRELIMINARY 1. Short title and commencement. – (1) These rules may be called the Sindh Juvenile Justice Rules, 2002. (2) They shall come into force at once. (3) They shall extend to the whole of the Province of Sindh. 2. Definition. – (1) In these rules, unless there is anything repugnant in the subject or context:- (a) “Government” means the Government of Sindh; (b) “Incharge” means the person appointed as Incharge of an institution; (c) “Inmate” means a child admitted to and detained in a borstal institution; (d) “Ordinance” means the Juvenile Justice System Ordinance, 2000; (e) “Section” means a section of the Ordinance; (2) “Words and expressions” used but not defined herein shall have the same meanings as assigned to them in the Ordinance. 3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal practitioner appointed under section 3 is not competent or is not providing legal assistance properly, the court may direct to engage another legal practitioner in his place. (2) A panel of legal practitioners shall be constituted by the Sessions Judge for providing legal assistance to the child offender but no legal practitioner shall be appointed for more than two cases at a time. (3) The legal practitioner shall be entitled to receive such fee as may be determined by the Sessions Judge but such fee shall not be less than five thousand rupees and more than ten thousand rupees. PART II – INSTITUTIONAL TREATMNET 4. Establishment of Borstal Institution. – (1) Government shall establish and maintain at least one borstal institution in every district. (2) The necessary arrangements for providing education and training to the inmates for their mental, moral and psychological development shall be made in every borstal institution. 5. Accommodation for Juveniles. – (1) Every borstal institution shall provide preferably, celluar accommodation to the inmates with facilities such as sanitary, toilets and bathrooms. 6. Juveniles to be admitted in borstal institution. (1) No child offender shall be admitted to a borstal institution except under the order of a Juvenile Court. (2) The Incharge, responsible to receive the child offender shall record all information about him such as name, parentage, complete address, education, details of First Information Report with police station, address of the Court concerned, date of production in Court, if any. (3) On admission, every child offender shall be searched and the record of the articles received from him shall be properly maintained. (4) No person shall keep in a borstal institution any type of tobacco, cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter, match boxes, bettle leaves including any chewable material and herbs causing unconsciousness or as otherwise detrimental to the health of the inmates. 7. Detention of female Juvenile. – (1) A female child offender shall be detained in a separate enclosure of the borstal institution exclusively established for the purpose and where there is no such enclosure the matter shall be reported to the concerned Curt for transfer of such child offender to any care home. (2) No female child offender shall be kept in a police lock-up or prison. 8. Medical record of the inmate. – (1) Every inmate shall be examined by the Chief Medical Officer or Medical Officer of the borstal institution who shall record age, weight height, identification marks and health report of every inmate. (2) The Medical Superintendent or the Civil Surgeon of the District Headquarters Hospital shall be visiting the borstal institution at least once in a month for supervising the health condition and the medical record of the inmates and take appropriate steps for treatment of sick inmates. (3) A female inmate shall be treated by the female Medical Officer and female staff in all related matters. 9. Health, Hygiene and Medical care. – (1) A medical file of every inmate shall be maintained in the borstal institution alongwith its previous medical history, if any. (2) There shall be regular medical check up of the inmates after every three months and the inmates shall be advised to maintain proper health and hygiene by the medical Superintendent or Civil Surgeon of the District Headquarters Hospital. (3) All medical test of an inmate shall be arranged inside the borstal institution and if the arrangements do not exist in the borstal institution, test shall be got carried out from the Hospital or Health Unit approved by the Government. (4) The specialized or emergency treatment on the advice of the medical consultant/specialist of the District Headquarter Hospital approved or Health Unit shall be provided to an inmate at the Hospital or Health Unit where such treatment, investigations and expert consultancy is available. (5) The cases of the inmates suffering from tuberculosis, asthma, chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy and any other serious diseases shall be reported to the Juvenile Court alongwith latest medical reports for such orders as deemed fit. (6) The other cases may be treated in isolation or in the hospital of the borstal institution. 10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed at least twice a week meeting with his legal adviser in connection with the Judicial proceedings against him and his friends, relatives or family. (2) (a) Not more than six persons for one hour shall be allowed to visit an inmate under the supervision of an Assistant Superintendent. (b) Ordinarily interviews shall be allowed in the rooms meant for interviews but the Incharge for sufficient reasons if considered necessary may allow interviews inside office block if the conduct of the inmate is good. (c) In case of interview of female inmate; a maroon shall be present to supervise and watch the interview. (d) The interviewers shall be thoroughly searched at the main gate while the inmate shall be searched before bringing him, at the place of interview. 11. Transfer of Juvenile. - (1) No inmate shall be transferred from the borstal institution to any other institution or place except with the permission of the Court which had ordered his detention in the borstal institution. 12. Release of Juveniles. – (1) On receipt of written release order from the Juvenile Court, the inmate shall be immediately released from the custody after due satisfaction of the validity of the release order. 13. Moral treatment. – (1) All inmates shall be given careful individual attention in order to develop their conduct, moral attitude and discipline. (2) The treatment programmes shall be arranged through religious instructions, education upto high school level and industrial/vocational/technical training under proper supervision. (3) All Muslim inmates shall be provided facility for prayers in their cells/barracks, but Zohar & Asr prayers may be permitted in congregation in the mosque of the borstal institution subject to security risk for the safety of the inmates. 14. Technical training. – (1) An inmate shall be encouraged to pick up the industries taught in the borstal institution compatible with his profession, preference or other circumstances as far as possible. (2) If the inmate shows no special inclination or aptitude, the head of the institution may decide the industry which the inmate should be taught giving full consideration to his hereditary calling and which he may follow after release to enable him to have respectable livelihood. (3) The inmates may be admitted to the discipline architecture. (4) An inmate shall be permitted to learn various skills and manufacture articles of approved trades by formal approval of the Incharge. (5) The manufactured articles shall be put to sale in the market through the Incharge. 15. Physical training, Sports and Recreation. – (1) The inmates shall be provided with physical drill, gymnastics, indoor and outdoor games and training in scouting. (2) The inmates shall be imparted instructions in first-aid and sanitation. (3) A spacious playground shall be provided in every borstal institution. 16. (1) All possible steps shall be taken to improve the mental caliber of the inmates and in this connection, their natural instincts and skills shall be developed and promoted. (2) No inmate shall be allowed to waste his time within the borstal institution. (3) The inmates shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 17. Complaints and request by juveniles. – (1) Each and every complaint and request made by an inmate shall be properly attended by the Incharge and grievance shall as far as possible be redressed within the shortest possible time. (2) A false and malingering report made by an inmate shall be discouraged for the sake of maintenance of discipline. 18. Discipline and punishment. – (1) Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and maintenance of peace and order in the borstal institution. (2) The inmates on committing jail offence shall be punished with minor penalty/penalties as provided in the Pakistan Prison Rules, by the Incharge. 19. No stigmatization. – (1) No inmate shall be stigmatized in any matter relating to arrest, inquiry, court proceedings, prosecution and conviction unless specifically authorized by the court. 20. Diet. – (1) An inmate shall be provided with diet at State expenses but on request he may be permitted to arrange diet at his own expenses. (2) The diet menu shall be as follows:- (i) Morning meals: (a) Tea (Medium quality) (b) Milk or Milk Powder (c) Sugar or Gur (d) Wheat flour (ii) Mid Day meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams (iii) Evening Meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams Note:- Dal/Pulse of same kind shall not be issued at two consecutive meals. Beef without bones at the scale of 100 grams per head per meal shall be issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh inmates. On alternate Friday every prisoner shall be provided with either Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times of Plauo or Sweet Rice is given blelow: - Plauo: (a) Rice 235 grams (b) Beef 60 grams (c) Vegetable Ghee 25 grams (d) Chilies 1.5 grams (e) Onion 10 grams (f) Alaichi Kalan 1.15 grams (g) Zeera 1.15 grams (h) Darchini 1.15 grams (i) Tomatoes 10 grams (j) Adark 1 gram (k) Garlic 1 gram Sweets Rice: (a) Rice 235 grams (b) Gur or 220 grams (c) Sugar 160 grams (d) Vegetable Ghee 25 grams (e) Onions 3 grams (f) Alaichi (small) 0.50 gram (g) Dry Coconuts 1 gram (h) Dry grapes 1 gram Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as mentioned in the Pakistan Prison Rules. (ii) Sick diet of patient inmates shall be prescribed by the Chief Medical Officer of the institute or the Medical Superintendent or Civil Surgeon or the Consultant of the District Headquarters Hospital or the approved Health Unit. 21. Production before court. – (1) The production of inmates before the competent court shall be arranged by the Incharge through jail staff at any other place through police escort arranged from local police headquarters. (2) The Incharge of the Police escort shall not be below the rank of A.S.I. (3) In case of female inmates, female police escort shall be detailed but for security reasons male staff shall be detailed under the charge of the female Incharge of the escort. 22. Production in Hospitals.- The amounts of the inmates for medical treatment and investigation in and outside jail hospital shall be governed by rules. |
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6. Sindh Juvenile Justice Rules, 2002
SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred by Section 15 of the Juvenile Justice System Ordinance, 2000, the Government of Sindh are pleased to make the following rules: - PART 1 – PRELIMINARY 1. Short title and commencement. – (1) These rules may be called the Sindh Juvenile Justice Rules, 2002. (2) They shall come into force at once. (3) They shall extend to the whole of the Province of Sindh. 2. Definition. – (1) In these rules, unless there is anything repugnant in the subject or context:- (a) “Government” means the Government of Sindh; (b) “Incharge” means the person appointed as Incharge of an institution; (c) “Inmate” means a child admitted to and detained in a borstal institution; (d) “Ordinance” means the Juvenile Justice System Ordinance, 2000; (e) “Section” means a section of the Ordinance; (2) “Words and expressions” used but not defined herein shall have the same meanings as assigned to them in the Ordinance. 3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal practitioner appointed under section 3 is not competent or is not providing legal assistance properly, the court may direct to engage another legal practitioner in his place. (2) A panel of legal practitioners shall be constituted by the Sessions Judge for providing legal assistance to the child offender but no legal practitioner shall be appointed for more than two cases at a time. (3) The legal practitioner shall be entitled to receive such fee as may be determined by the Sessions Judge but such fee shall not be less than five thousand rupees and more than ten thousand rupees. PART II – INSTITUTIONAL TREATMNET 4. Establishment of Borstal Institution. – (1) Government shall establish and maintain at least one borstal institution in every district. (2) The necessary arrangements for providing education and training to the inmates for their mental, moral and psychological development shall be made in every borstal institution. 5. Accommodation for Juveniles. – (1) Every borstal institution shall provide preferably, celluar accommodation to the inmates with facilities such as sanitary, toilets and bathrooms. 6. Juveniles to be admitted in borstal institution. (1) No child offender shall be admitted to a borstal institution except under the order of a Juvenile Court. (2) The Incharge, responsible to receive the child offender shall record all information about him such as name, parentage, complete address, education, details of First Information Report with police station, address of the Court concerned, date of production in Court, if any. (3) On admission, every child offender shall be searched and the record of the articles received from him shall be properly maintained. (4) No person shall keep in a borstal institution any type of tobacco, cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter, match boxes, bettle leaves including any chewable material and herbs causing unconsciousness or as otherwise detrimental to the health of the inmates. 7. Detention of female Juvenile. – (1) A female child offender shall be detained in a separate enclosure of the borstal institution exclusively established for the purpose and where there is no such enclosure the matter shall be reported to the concerned Curt for transfer of such child offender to any care home. (2) No female child offender shall be kept in a police lock-up or prison. 8. Medical record of the inmate. – (1) Every inmate shall be examined by the Chief Medical Officer or Medical Officer of the borstal institution who shall record age, weight height, identification marks and health report of every inmate. (2) The Medical Superintendent or the Civil Surgeon of the District Headquarters Hospital shall be visiting the borstal institution at least once in a month for supervising the health condition and the medical record of the inmates and take appropriate steps for treatment of sick inmates. (3) A female inmate shall be treated by the female Medical Officer and female staff in all related matters. 9. Health, Hygiene and Medical care. – (1) A medical file of every inmate shall be maintained in the borstal institution alongwith its previous medical history, if any. (2) There shall be regular medical check up of the inmates after every three months and the inmates shall be advised to maintain proper health and hygiene by the medical Superintendent or Civil Surgeon of the District Headquarters Hospital. (3) All medical test of an inmate shall be arranged inside the borstal institution and if the arrangements do not exist in the borstal institution, test shall be got carried out from the Hospital or Health Unit approved by the Government. (4) The specialized or emergency treatment on the advice of the medical consultant/specialist of the District Headquarter Hospital approved or Health Unit shall be provided to an inmate at the Hospital or Health Unit where such treatment, investigations and expert consultancy is available. (5) The cases of the inmates suffering from tuberculosis, asthma, chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy and any other serious diseases shall be reported to the Juvenile Court alongwith latest medical reports for such orders as deemed fit. (6) The other cases may be treated in isolation or in the hospital of the borstal institution. 10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed at least twice a week meeting with his legal adviser in connection with the Judicial proceedings against him and his friends, relatives or family. (2) (a) Not more than six persons for one hour shall be allowed to visit an inmate under the supervision of an Assistant Superintendent. (b) Ordinarily interviews shall be allowed in the rooms meant for interviews but the Incharge for sufficient reasons if considered necessary may allow interviews inside office block if the conduct of the inmate is good. (c) In case of interview of female inmate; a maroon shall be present to supervise and watch the interview. (d) The interviewers shall be thoroughly searched at the main gate while the inmate shall be searched before bringing him, at the place of interview. 11. Transfer of Juvenile. - (1) No inmate shall be transferred from the borstal institution to any other institution or place except with the permission of the Court which had ordered his detention in the borstal institution. 12. Release of Juveniles. – (1) On receipt of written release order from the Juvenile Court, the inmate shall be immediately released from the custody after due satisfaction of the validity of the release order. 13. Moral treatment. – (1) All inmates shall be given careful individual attention in order to develop their conduct, moral attitude and discipline. (2) The treatment programmes shall be arranged through religious instructions, education upto high school level and industrial/vocational/technical training under proper supervision. (3) All Muslim inmates shall be provided facility for prayers in their cells/barracks, but Zohar & Asr prayers may be permitted in congregation in the mosque of the borstal institution subject to security risk for the safety of the inmates. 14. Technical training. – (1) An inmate shall be encouraged to pick up the industries taught in the borstal institution compatible with his profession, preference or other circumstances as far as possible. (2) If the inmate shows no special inclination or aptitude, the head of the institution may decide the industry which the inmate should be taught giving full consideration to his hereditary calling and which he may follow after release to enable him to have respectable livelihood. (3) The inmates may be admitted to the discipline architecture. (4) An inmate shall be permitted to learn various skills and manufacture articles of approved trades by formal approval of the Incharge. (5) The manufactured articles shall be put to sale in the market through the Incharge. 15. Physical training, Sports and Recreation. – (1) The inmates shall be provided with physical drill, gymnastics, indoor and outdoor games and training in scouting. (2) The inmates shall be imparted instructions in first-aid and sanitation. (3) A spacious playground shall be provided in every borstal institution. 16. (1) All possible steps shall be taken to improve the mental caliber of the inmates and in this connection, their natural instincts and skills shall be developed and promoted. (2) No inmate shall be allowed to waste his time within the borstal institution. (3) The inmates shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 17. Complaints and request by juveniles. – (1) Each and every complaint and request made by an inmate shall be properly attended by the Incharge and grievance shall as far as possible be redressed within the shortest possible time. (2) A false and malingering report made by an inmate shall be discouraged for the sake of maintenance of discipline. 18. Discipline and punishment. – (1) Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and maintenance of peace and order in the borstal institution. (2) The inmates on committing jail offence shall be punished with minor penalty/penalties as provided in the Pakistan Prison Rules, by the Incharge. 19. No stigmatization. – (1) No inmate shall be stigmatized in any matter relating to arrest, inquiry, court proceedings, prosecution and conviction unless specifically authorized by the court. 20. Diet. – (1) An inmate shall be provided with diet at State expenses but on request he may be permitted to arrange diet at his own expenses. (2) The diet menu shall be as follows:- (i) Morning meals: (a) Tea (Medium quality) (b) Milk or Milk Powder (c) Sugar or Gur (d) Wheat flour (ii) Mid Day meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams (iii) Evening Meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams Note:- Dal/Pulse of same kind shall not be issued at two consecutive meals. Beef without bones at the scale of 100 grams per head per meal shall be issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh inmates. On alternate Friday every prisoner shall be provided with either Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times of Plauo or Sweet Rice is given blelow: - Plauo: (a) Rice 235 grams (b) Beef 60 grams (c) Vegetable Ghee 25 grams (d) Chilies 1.5 grams (e) Onion 10 grams (f) Alaichi Kalan 1.15 grams (g) Zeera 1.15 grams (h) Darchini 1.15 grams (i) Tomatoes 10 grams (j) Adark 1 gram (k) Garlic 1 gram Sweets Rice: (a) Rice 235 grams (b) Gur or 220 grams (c) Sugar 160 grams (d) Vegetable Ghee 25 grams (e) Onions 3 grams (f) Alaichi (small) 0.50 gram (g) Dry Coconuts 1 gram (h) Dry grapes 1 gram Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as mentioned in the Pakistan Prison Rules. (ii) Sick diet of patient inmates shall be prescribed by the Chief Medical Officer of the institute or the Medical Superintendent or Civil Surgeon or the Consultant of the District Headquarters Hospital or the approved Health Unit. 21. Production before court. – (1) The production of inmates before the competent court shall be arranged by the Incharge through jail staff at any other place through police escort arranged from local police headquarters. (2) The Incharge of the Police escort shall not be below the rank of A.S.I. (3) In case of female inmates, female police escort shall be detailed but for security reasons male staff shall be detailed under the charge of the female Incharge of the escort. 22. Production in Hospitals.- The amounts of the inmates for medical treatment and investigation in and outside jail hospital shall be governed by rules. |
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Sindh Juvenile Justice Rules
SINDH JUVENILE JUSTICE RULES, 2002
No.VIII(7)SOJ/2000, dated 27.5.2002. – In exercise of the powers conferred by Section 15 of the Juvenile Justice System Ordinance, 2000, the Government of Sindh are pleased to make the following rules: - PART 1 – PRELIMINARY 1. Short title and commencement. – (1) These rules may be called the Sindh Juvenile Justice Rules, 2002. (2) They shall come into force at once. (3) They shall extend to the whole of the Province of Sindh. 2. Definition. – (1) In these rules, unless there is anything repugnant in the subject or context:- (a) “Government” means the Government of Sindh; (b) “Incharge” means the person appointed as Incharge of an institution; (c) “Inmate” means a child admitted to and detained in a borstal institution; (d) “Ordinance” means the Juvenile Justice System Ordinance, 2000; (e) “Section” means a section of the Ordinance; (2) “Words and expressions” used but not defined herein shall have the same meanings as assigned to them in the Ordinance. 3. Legal Assistance. (1) Where it appears to a Juvenile Court that a legal practitioner appointed under section 3 is not competent or is not providing legal assistance properly, the court may direct to engage another legal practitioner in his place. (2) A panel of legal practitioners shall be constituted by the Sessions Judge for providing legal assistance to the child offender but no legal practitioner shall be appointed for more than two cases at a time. (3) The legal practitioner shall be entitled to receive such fee as may be determined by the Sessions Judge but such fee shall not be less than five thousand rupees and more than ten thousand rupees. PART II – INSTITUTIONAL TREATMNET 4. Establishment of Borstal Institution. – (1) Government shall establish and maintain at least one borstal institution in every district. (2) The necessary arrangements for providing education and training to the inmates for their mental, moral and psychological development shall be made in every borstal institution. 5. Accommodation for Juveniles. – (1) Every borstal institution shall provide preferably, celluar accommodation to the inmates with facilities such as sanitary, toilets and bathrooms. 6. Juveniles to be admitted in borstal institution. (1) No child offender shall be admitted to a borstal institution except under the order of a Juvenile Court. (2) The Incharge, responsible to receive the child offender shall record all information about him such as name, parentage, complete address, education, details of First Information Report with police station, address of the Court concerned, date of production in Court, if any. (3) On admission, every child offender shall be searched and the record of the articles received from him shall be properly maintained. (4) No person shall keep in a borstal institution any type of tobacco, cigarettes, gutka, supari, pan mixed with narcotics material, naswar, lighter, match boxes, bettle leaves including any chewable material and herbs causing unconsciousness or as otherwise detrimental to the health of the inmates. 7. Detention of female Juvenile. – (1) A female child offender shall be detained in a separate enclosure of the borstal institution exclusively established for the purpose and where there is no such enclosure the matter shall be reported to the concerned Curt for transfer of such child offender to any care home. (2) No female child offender shall be kept in a police lock-up or prison. 8. Medical record of the inmate. – (1) Every inmate shall be examined by the Chief Medical Officer or Medical Officer of the borstal institution who shall record age, weight height, identification marks and health report of every inmate. (2) The Medical Superintendent or the Civil Surgeon of the District Headquarters Hospital shall be visiting the borstal institution at least once in a month for supervising the health condition and the medical record of the inmates and take appropriate steps for treatment of sick inmates. (3) A female inmate shall be treated by the female Medical Officer and female staff in all related matters. 9. Health, Hygiene and Medical care. – (1) A medical file of every inmate shall be maintained in the borstal institution alongwith its previous medical history, if any. (2) There shall be regular medical check up of the inmates after every three months and the inmates shall be advised to maintain proper health and hygiene by the medical Superintendent or Civil Surgeon of the District Headquarters Hospital. (3) All medical test of an inmate shall be arranged inside the borstal institution and if the arrangements do not exist in the borstal institution, test shall be got carried out from the Hospital or Health Unit approved by the Government. (4) The specialized or emergency treatment on the advice of the medical consultant/specialist of the District Headquarter Hospital approved or Health Unit shall be provided to an inmate at the Hospital or Health Unit where such treatment, investigations and expert consultancy is available. (5) The cases of the inmates suffering from tuberculosis, asthma, chronic bronchitis, hepatitis B & C HIV/AIDST + Cancer Epilepsy, Leprosy and any other serious diseases shall be reported to the Juvenile Court alongwith latest medical reports for such orders as deemed fit. (6) The other cases may be treated in isolation or in the hospital of the borstal institution. 10. Facility of meeting for juveniles. – (1) Every inmate shall be allowed at least twice a week meeting with his legal adviser in connection with the Judicial proceedings against him and his friends, relatives or family. (2) (a) Not more than six persons for one hour shall be allowed to visit an inmate under the supervision of an Assistant Superintendent. (b) Ordinarily interviews shall be allowed in the rooms meant for interviews but the Incharge for sufficient reasons if considered necessary may allow interviews inside office block if the conduct of the inmate is good. (c) In case of interview of female inmate; a maroon shall be present to supervise and watch the interview. (d) The interviewers shall be thoroughly searched at the main gate while the inmate shall be searched before bringing him, at the place of interview. 11. Transfer of Juvenile. - (1) No inmate shall be transferred from the borstal institution to any other institution or place except with the permission of the Court which had ordered his detention in the borstal institution. 12. Release of Juveniles. – (1) On receipt of written release order from the Juvenile Court, the inmate shall be immediately released from the custody after due satisfaction of the validity of the release order. 13. Moral treatment. – (1) All inmates shall be given careful individual attention in order to develop their conduct, moral attitude and discipline. (2) The treatment programmes shall be arranged through religious instructions, education upto high school level and industrial/vocational/technical training under proper supervision. (3) All Muslim inmates shall be provided facility for prayers in their cells/barracks, but Zohar & Asr prayers may be permitted in congregation in the mosque of the borstal institution subject to security risk for the safety of the inmates. 14. Technical training. – (1) An inmate shall be encouraged to pick up the industries taught in the borstal institution compatible with his profession, preference or other circumstances as far as possible. (2) If the inmate shows no special inclination or aptitude, the head of the institution may decide the industry which the inmate should be taught giving full consideration to his hereditary calling and which he may follow after release to enable him to have respectable livelihood. (3) The inmates may be admitted to the discipline architecture. (4) An inmate shall be permitted to learn various skills and manufacture articles of approved trades by formal approval of the Incharge. (5) The manufactured articles shall be put to sale in the market through the Incharge. 15. Physical training, Sports and Recreation. – (1) The inmates shall be provided with physical drill, gymnastics, indoor and outdoor games and training in scouting. (2) The inmates shall be imparted instructions in first-aid and sanitation. (3) A spacious playground shall be provided in every borstal institution. 16. (1) All possible steps shall be taken to improve the mental caliber of the inmates and in this connection, their natural instincts and skills shall be developed and promoted. (2) No inmate shall be allowed to waste his time within the borstal institution. (3) The inmates shall be encouraged to play their role, both individually and collectively, in the area of national reconstruction and development. 17. Complaints and request by juveniles. – (1) Each and every complaint and request made by an inmate shall be properly attended by the Incharge and grievance shall as far as possible be redressed within the shortest possible time. (2) A false and malingering report made by an inmate shall be discouraged for the sake of maintenance of discipline. 18. Discipline and punishment. – (1) Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and maintenance of peace and order in the borstal institution. (2) The inmates on committing jail offence shall be punished with minor penalty/penalties as provided in the Pakistan Prison Rules, by the Incharge. 19. No stigmatization. – (1) No inmate shall be stigmatized in any matter relating to arrest, inquiry, court proceedings, prosecution and conviction unless specifically authorized by the court. 20. Diet. – (1) An inmate shall be provided with diet at State expenses but on request he may be permitted to arrange diet at his own expenses. (2) The diet menu shall be as follows:- (i) Morning meals: (a) Tea (Medium quality) (b) Milk or Milk Powder (c) Sugar or Gur (d) Wheat flour (ii) Mid Day meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams (iii) Evening Meals: (a) Wheat flour 230 grams (b) Dal/Pulse 40 grams (c) Vegetable 60 grams (d) Salt 07 grams (e) Vegetable Ghee 15 grams (f) Chilies 1.16 grams (g) Turmeric 0.50 grams (h) Onions 20 grams (i) Garlic 01 grams (j) Tomato 10 grams Note:- Dal/Pulse of same kind shall not be issued at two consecutive meals. Beef without bones at the scale of 100 grams per head per meal shall be issued twice in a week in lieu of Dal/Pulse. Beef and Vegetable shall be cooked as one dish. Potatoes instead of beef shall be issued to Hindu and Sikh inmates. On alternate Friday every prisoner shall be provided with either Plauo or Sweet Rice in lieu of Mid-day or Evening meals. The scale of times of Plauo or Sweet Rice is given blelow: - Plauo: (a) Rice 235 grams (b) Beef 60 grams (c) Vegetable Ghee 25 grams (d) Chilies 1.5 grams (e) Onion 10 grams (f) Alaichi Kalan 1.15 grams (g) Zeera 1.15 grams (h) Darchini 1.15 grams (i) Tomatoes 10 grams (j) Adark 1 gram (k) Garlic 1 gram Sweets Rice: (a) Rice 235 grams (b) Gur or 220 grams (c) Sugar 160 grams (d) Vegetable Ghee 25 grams (e) Onions 3 grams (f) Alaichi (small) 0.50 gram (g) Dry Coconuts 1 gram (h) Dry grapes 1 gram Note: - (i) Meals on Eid-ul-Fittar and Eid-ul-Azha shal be the same as mentioned in the Pakistan Prison Rules. (ii) Sick diet of patient inmates shall be prescribed by the Chief Medical Officer of the institute or the Medical Superintendent or Civil Surgeon or the Consultant of the District Headquarters Hospital or the approved Health Unit. 21. Production before court. – (1) The production of inmates before the competent court shall be arranged by the Incharge through jail staff at any other place through police escort arranged from local police headquarters. (2) The Incharge of the Police escort shall not be below the rank of A.S.I. (3) In case of female inmates, female police escort shall be detailed but for security reasons male staff shall be detailed under the charge of the female Incharge of the escort. 22. Production in Hospitals.- The amounts of the inmates for medical treatment and investigation in and outside jail hospital shall be governed by rules. |
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7. Prevention And Control Of Human Trafficking
PREVENTION AND CONTROL OF HUMAN TRAFFICKING
ORDINANCE, 2002 ORDINANCE LIX OF 2002 An Ordinance to prevent and control human trafficking. [Gazette of Pakistan Extraordinary, Part-1, 3rd October, 2002] F.No.2(1)/2002-Pub. dated 3-10-2002.---The following Ordinance promulgated by the President is, hereby published for general information:--- Whereas the offences relating, to traffic in human beings are incompatible with the dignity and worth of human being and endanger the welfare of the individual, the family and the community; And whereas it is expedient and necessary to provide effective measures to prevent offences related to human trafficking and to protect and assist victims of such trafficking; And whereas, the President is satisfied that circumstances exist which render it necessary to take immediate action. Now, therefore, in pursuance of the Proclamation of Emergency of the Fourteenth day of October, 1999, and the Provisional Constitution Order No.1 of 1999, read with, the Provisional Constitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:-- 1. Short title and commencement---(1) This Ordinance may be called the Prevention and Control of Human Trafficking Ordinance, 2002. (2) It extends to the whole of Pakistan (3) It shall come into force at once 2. Definitions.--In this Ordinance, unless there is anything repugnant in the subject or context,-- (a) "benefit" includes monetary profit, proceeds or payment in cash or in kind; (b) "child means any- person who has not attained the age of eighteen years; (c) "Code" means the Code of Criminal Procedure, 1898 (Act V of 1898); (d) "coercion" means the use of force, violence, physical restraint, deception, fraud or acts or circumstances not necessarily including physical force but calculated to have the same effect, such as the credible threat of force or of infliction of serious harm; (e) "document" related to human trafficking includes a passport, a travel document and any identification document used by law enforcement authorities; (f) "exploitative entertainment" means all activities in connection with human sports or sexual practices or sex and related abusive practices; (g) "Government" means the Federal Government; (h) "human trafficking" means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person's subsequent transportation out of or into Pakistan by any means . whatsoever for any of the purposes mentioned in section 3; (i) "inhuman sports" include all sports involving, as a matter of normal course, infliction of physical or mental injury on a person against his will, intention or reasonable expectation; (j) "organized criminal group" means a structured group of two or more persons, existing for a period of time and acting in concert with the aim of committing any offence, under this Ordinance, in order to obtain, directly or indirectly, any financial or other material benefit and includes a person knowingly receiving or disbursing benefits accruing from the commission of any offence in relation to human trafficking by an organized criminal group; and (k) "victim" means the person who is the subject of or against whom any offence under this Ordinance has been committed. 3. Punishment for human trafficking.--The human trafficking shall be punishable as under:-- (i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour or adoption in or out of Pakistan shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine: Provided that in case of an accused who, in addition to committing an offence as aforesaid has also been guilty of kidnapping or abducting or any attempt thereto in connection with such offence the imprisonment may extend to ten years with fine: Provided further that whoever plans to commit an offence under this clause but has not as yet executed the same shall be punishable with a term of imprisonment which may extend to five years and shall also be liable to fine. (ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or method intended to make such person believe that in the event of non-performance of such labour or service, he or any other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine: Provided that if the commission of the offence under this clause involves , kidnapping or abduction or any attempt thereto, the term of ,imprisonment may extend to ten years with tine: Provided further that payment of any remuneration in lieu of services or labour of the victim shall, not be treated as a mitigating circumstance while awarding the punishment. (iii) Whoever knowingly purchases, sells; harbours, transports, provides, detains or obtains. a child or a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine: Provided' that if the commission of the offence under this clause involves kidnapping or abduction or any attempt thereto of the victim the term. of imprisonment may extend to fourteen years with fine: . Provided further that plea, if any; taken by the biological parents of the child shall not prejudice the commission of offence under this clause. (iv) whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to present or restrict, without lawful authority, a person's liberty to move or travel, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine. 4. Offences committed by organized criminal groups.--Where an organized criminal group is guilty of any offence under clauses (i), (ii), (iii) or (iv) of section 3, the term of imprisonment for each member of such group involved in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the purpose of trafficking of a victim is exploitative entertainment and shall also be liable to tine. 5. Repetition of commission of offences.--Whoever repeats the commission of an offence under this Ordinance, the term of imprisonment may extend to fourteen years and the offender shall also be liable to tine. 6. Compensation etc. to the victim.--The Court trying an offence under this Ordinance may where appropriate direct: (i) the competent Authorities of the Government, at any stage of the trial to allow or extend the stay of the victim in Pakistan till such time, as the Court deems necessary; (ii) payment of compensation and expenses to the victim in accordance with section 545 of the Code; (iii) Government to make arrangements for the shelter, food and medical treatment of victim being an unaccompanied child or a destitute woman. 7. Proceedings under the Ordinance to be in addition to and not in derogation of any other law.--The proceedings under the Ordinance shall be in addition to and not in derogation of any other proceedings initiated under any other law for the time being in force. 8. Offences to be cognizable etc.-All offences under the Ordinance shall be cognizable, non-bailable, and non-compoundable as construed by the Code. 9. Investigation.--Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried out by only such persons or agencies as the specially empowered by the Government in that behalf. 10. Cognizance of offences etc.-No Court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Ordinance. (2) Notwithstanding anything contained in section 32 of the Code, it shall be lawful for a Magistrate of the First Class to pass any sentence authorised by this Ordinance. 11. Indemnity.--No suit, prosecution or any other legal proceedings shall lie against the Government or any other person exercising any power or performing any function under this Ordinance or the rules made thereunder for anything done in good faith. 12. Power to make rules.--The Government may, by a notification in official gazette, make rules to carry out the purposes of this Ordinance. |
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