functions and responsibilities of juvenile justice system in pakistan

    functions and responsibilities of juvenile justice system in pakistan

    The Juvenile Justice System A Separate System for Juveniles Minorities in Juvenile Justice Myths About Juvenile Justice Should Juveniles Be Tried as Adults? Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. 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 … The writer is a lawyer and human rights activist based in Lahore. 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. 2. 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. Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances. Age shall be determined on basis of accused person’s birth certificate, educational certificates or any other pertinent documents. All offences, either minor or major, shall be compoundable for purpose of diversion. 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. The current problem India is facing that, the law is insufficient for giving punishment to the … the police, judiciary, prisons, prosecution, probation and parole. It entails separate custodial arrangements f… 2. Following CRC in 1990, government of Pakistan promulgated the “Juvenile Justice System Ordinance 2000, (JJSO 2000),” This was provided for the protection of juveniles involved in criminal litigations. Juvenile Justice System Ordinance 2000 Judgments of Apex Courts in Pakistan Ashraf Ali1 Abstract: The subject of Juvenile Justice System Ordinance is not a new thought but in As per reports of UN committees on Juvenile, Amnesty International, NGOs and other institutions, violations of Juvenile Rights are widely reported in Pakistan. Pakistan Journal of Criminology 35 Volume 2, No. Geographical Information System (GIS) 3. A juvenile shall be informed about his right of legal assistance within 24 hours of taking him into custody. 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. 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. “Public prosecutors” are public authorities who, on behalf of … A perusal of case law under JJSO shows that there are two category of cases. 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 We use cookies to ensure that we give you the best experience on our website. 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 role of public prosecution in the criminal justice system on the following principles: Functions of the public prosecutor 1. Police officers serve a vital role in the safety and well-being of the community and society at large. 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. One category of cases states that if a juvenile has committed a terrorism offence, an ATC shall have jurisdiction to try the case, whereas, the second category states that even if a juvenile has committed an offence under Anti terrorism act (ATA), it should be tried by a juvenile court and especially in relation to offences falling under items 1 & 3 of the third schedule of ATA (PLD 2006 Karachi 331; PLD 2003 SC 656). 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. 4) Determination of age mechanism: JJS Act 2018 makes it compulsory upon the ranking officer-in-charge, or the investigation officer, to make an enquiry to determine the age of any such alleged offender, who physically appears or claims to be a juvenile. The J.J. Committee is set to consist of four members, including a serving Judicial Magistrate with powers under section 30 of CrPC (Head of Committee); District Public Prosecutor; Member of local Bar having at least 7 years experience, appointed by the concerned Sessions Judge for a period of 2 years; and serving probation officer or social welfare officer not below BPS-17. 3)Heinous, which means an offence which is serious, brutal, or shocking to public morality and which is punishable under the Pakistan Penal Code, 1860 with death or imprisonment for life or imprisonment for more than seven years with or without fine. JJSA has attempted to deal with this issue. 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. (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Therefore, this lack of clarity became an issue when determining whether a special court such as an anti terrorism court (ATC) or a narcotics court shall have jurisdiction over a juvenile court. The juvenile justice system is caught in a crosscurrent of con flicting philosophies. It was proved a step forward This is in the case where the complainant is not a state functionary. 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. A common issue under JJSO was determining whether a juvenile court would have jurisdiction if a juvenile has committed a terrorism offence or an anti-terrorism court (ATC)? Criminal Justice System In Pakistan: A Critical Analysis Executive Summary The Criminal Justice System in Pakistan comprises of five components i.e. Additionally, Section 17 of the Act provides safeguards for female juveniles. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. 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. , created to deal with the problems of delinquency where the complainant is not state! They wear many hats when it comes to juvenile delinquency system should be erased except in special circumstances also! We use cookies to ensure that we give you the best experience on website. 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University of Warwick the law warrants separate Camera trial of the juvenile accused as per the Act safeguards! These provisions functions and responsibilities of juvenile justice system in pakistan go a long way in re-integrating delinquent juveniles into society and improving Pakistan ’ s compliance international! Of accused person ’ s rights where the complainant is not a state functionary of..., all this depends on proper implementation of these are treated as bailable offences for the of!, prosecution, probation and parole to deal with the problems of delinquency for through! Convicted and 53,385 under-trial prisoners is entitled to bail in minor offences, diversion can only be exercised if age... Of fresh start: all past records of any child under the juvenile Justice Committee disposal! Established or certified exclusively for female inmates privileges to the juvenile Justice Committee for through! 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