functions and responsibilities of juvenile justice system in pakistan

Do you believe that Juvenile Justice has played its role in prevention of juvenile crimes in Pakistan? The juvenile justice system is caught in a crosscurrent of con flicting philosophies. One thing that is missing is the presence of a qualified child rights activist that understands the plight of the underage victims, and is equipped to deal with their issues. JJSA 2018 overcomes the shortcomings which were present in Juvenile Justice System Ordinance 2000, and provides a much better system for criminal justice and social reintegration for juvenile offenders. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. In light of the above, and pursuant to Article 25 (3) of the Constitution of Pakistan, 1973, Pakistan is under an obligation to safeguard the protect the rights of children. The JJSA 2018 is very different from JJSO 2000, and the following are some of its salient new features. A juvenile is entitled to bail in minor offences, with or without surety bonds by Juvenile court. They wear many hats when it comes to juvenile delinquency. The Committee shall also perform inspection of Observation Homes and Juvenile Rehabilitation Centres and may give directions to concerned persons for welfare and social re-integration of juveniles kept in these places. Geographical Information System (GIS) 3. Research Methods in Criminology 5. The juvenile justice system brings the juvenile delinquent in contact with the local police, the court system and if found guilty, the Department of Corrections. 1) Right of legal assistance: every juvenile or child victim of an offence shall have the right of legal assistance at the expense of the State. These provisions will go a long way in re-integrating delinquent juveniles into society and improving Pakistan’s compliance with international human rights standards. The first category of cases was also strengthened by the fact that Section 14 of the JJSO did not curtail or limit the power of Anti-Terrorism Courts pertaining to a child’s trial but clarifies that the provisions of the Ordinance shall be in addition to and not in derogation to any other law for the time being in force. Social Statistics in Criminology 3rd Semester 1. The Juvenile Justice System A Separate System for Juveniles Minorities in Juvenile Justice Myths About Juvenile Justice Should Juveniles Be Tried as Adults? Principle of diversion : Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole. 3, July 2010, pp. In absence of such documents, age of such accused person may be determined on the basis of a medical examination report by a medical officer. The act states that no female juvenile shall in any circumstance be apprehended or investigated by a male officer or released on probation under supervision of a male officer. 8) Imposition of penalty for disclosure of identity of juvenile or to publish proceedings of juvenile court: JJS Act 2018 exclusively bars revealing the identity of an accused juvenile to the public without the authorisation in writing of the juvenile or their next-of-kin. During the 1960s and 1970s, with the due process revolution expanding the rights of adult defendants, the U.S. Supreme Court introduced constitutional due process into the juvenile justice system. 6) Juvenile Justice Committee: this shall dispose of cases through diversion within a period of one month from the date of the referral. Lead Stories JJSA has attempted to deal with this issue. SENATE OF PAKISTAN Developing a protective environment for South Asian children: the role of parliamentarians in the protection of children in the juvenile justice system Regional parliamentary seminar hosted by Parliament of Editor’s Picks, Contact Article 37 of the CRC states. Lack of implementation of key provisions of JJSA 2018 will ultimately render the legislation ineffective and will deprive young offenders from their constitutional right of fair trial. 2) Major, which means an offence for which punishment under the Pakistan Penal Code, 1860 is imprisonment of more than three years and up to seven years with or without fine. Q. The Committee shall dispose of a case with consent of the complainant by resorting to different options, including restitution of movable property, reparation of the damage caused, written or oral apology, participation in community service, payments of fine and costs of the proceedings, placement in juvenile rehabilitation centre; and written and oral reprimand. It was proved a step forward All offences, either minor or major, shall be compoundable for purpose of diversion. Disposal of Cases through Diversion: This is an alternative process of determining the responsibility and treatment of a juveniles on the basis of their social, cultural, economic, psychological and educational background, without resorting to formal judicial proceedings. Additionally, the Act provides for a penalty for disclosing the identity of a juvenile and also provides for the making of rules under the Act to implement the same. Criminal Justice System of Pakistan 4. Crime “Public prosecutors” are public authorities who, on behalf of … The writer is a lawyer and human rights activist based in Lahore. Juvenile justice, as conceptualized in the Convention on the Rights of the Child and other international instruments, is predicated on the adjudication of children's cases with a view to their rehabilitation and early reintegration into their communities. Will the government successfully divide the PDM? A perusal of case law under JJSO shows that there are two category of cases. If the offence has been committed against a State and not against an individual; the Committee may dispose of the case through diversion with consent of the concerned public prosecutor. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. He can be contacted on his Email: [email protected]. 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But if it is in the interests of justice to hold a joint trial of a juvenile and an adult, the juvenile court may dispense with the physical presence of the juvenile and they may be allowed to join the Court proceedings through audio-visual technology link. A juvenile shall be informed about his right of legal assistance within 24 hours of taking him into custody. 2. If you continue to use this site we will assume that you are happy with it. 3) Juvenile rehabilitation centres: this is a special kind of prison established exclusively for keeping juvenile offenders. Tuesday, December 29, 2020, The Juvenile Justice System Act (JJSA) 2018 has introduced several new laws that were previously missing from the Juvenile Justice System Ordinance 2000. 11) Preventive Detention: No child shall be arrested under any of the laws dealing with preventive detention or under the provisions of chapter VIII of the Code of criminal procedure. The writer is an Advocate of the High Court and a Child Rights Activist. Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances. Your right to know 9) Special provisions for female juveniles: Female juveniles shall not in any circumstances be apprehended or investigated by a male police officer or released on probation under supervision of a male officer. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. Investor Information High-level Saudi delegation to visit Pakistan soon, says FM Qureshi, Iran slams spike in US military activity in Persian Gulf as 'show of defiance & fear', TEVTA, DICE Foundation to develop first E-vehicle in Pakistan, UAE Dy PM arrives in Cholistan for houbara hunting, No power on earth can undo Pakistan, says Army Chief, Resign by Jan 31st or face long march, PDM warns PM, Holy Quran Act 2018 to be practiced from next academic year. Discuss some of the functions and responsibilities of Juvenile Justice System. 7) Separate challan and trial of juvenile offenders: a juvenile shall not be charged with and tried for an offence together with an adult person. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. the police, judiciary, prisons, prosecution, probation and parole. This paper will discuss the role of the police, the courts and the Department of Corrections in the juvenile justice system, and which method best reduces future recidivism of juvenile delinquency . A number of NGOs promoted children’s rights. He holds a Masters in Human Rights Law from the University of Warwick. Though nine years have passed since Pakistan ratified the U.N. Convention on the Rights of the Child, Pakistani children in conflict with the law continue to be denied the juvenile justice protections of the convention. However, further clarity will still be needed in light of Section 21-G of the ATA and especially in relation of offences, which fall under items 2 & 4 of the third schedule of the ATA. More recently, the threat of In Section 2 (b) of the Juvenile Justice System Ordinance (2000) of Pakistan, a juvenile is a child who has not attained the age of eighteen years at the time of … But perhaps the most welcome change that has been brought about by the JJSA is the disposal of cases through diversion in Section 9 of the Act. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. 10) Removal of disqualification attached with conviction: A juvenile offender convicted under the provisions of JJS Act 2018 shall not suffer a disqualification, if any attaching to a conviction of an offence under such law. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. The meeting will also consider the establishment of National Judicial Automation Unit. Latest News They… Juvenile Probation Officers are intermediaries between the system of justice and offenders who are not yet at an age where they can be jailed. 5, How far recidivism has been limited by In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. The figures also include 1,273 juvenile, 23,027 convicted and 53,385 under-trial prisoners. 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