B J U V E N I L E J U S T I C E S Y S T E M I N PA K I S TA N : A F L AW E D L E G A L O R D E R I JUVENILE JUSTICE SYSTEM ORDINANCE 2000: OVERVIEW The Juvenile Justice System Ordinance, 2000 (JJSO) is the most recent and primary law underlying the conduct of juvenile justice in Pakistan. The law was promulgated to “provide for the protection of children in criminal litigation, their rehabilitation in society, re-organization of Juvenile Courts.” 23 The legislation delineates separate and strengthened safeguards for juveniles below the age of 18 involved in criminal litigation with an aim to rehabilitate and reintegrate them back into society. The law provides the following key safeguards: Prohibition of the sentencing of juvenile offenders to death, or labour during their imprisonment (Section 12). Establishment of exclusive juvenile courts with exclusive jurisdiction to try cases involving juvenile offenders. (Section 4(3)). Prohibition of joint trial of a child together with an adult (Section 5). Protection of identity of the child from publication in any public medium including newspapers, magazine, journal. Right to legal assistance at the expense of the state for juvenile offenders. Such legal assistance must be provided by a legal practitioner with at least 5 years of standing at the Bar (Section 3). Obligation of the arresting officer to inform the guardian of the arrested child at the earliest possible opportunity following the arrest of the arrest and the details of the Juvenile Court before which the child will be produced (section 10(1)(a)). Possibility of being released on probation under the care of a guardian for a child convicted by a Juvenile Court (Section 11 (a)). Since its enactment, the JJSO has been marred by a lack of implementation and political will. In 2004, a full Bench of the Lahore High Court declared the JJSO to be “unreasonable, unconstitutional and impracticable” and revoked it with immediate effect. The Court accepted the argument of the applicant wherein he stated that the JJSO was unconstitutional as it unduly protected minors.24 In February, 2005 the Supreme Court admitted appeals filed by the Federal Government and the Society for the Protection of the Rights of the Child (SPARC) against the 2004 judgment and stayed it, pending a final decision on the case. The case has been pending since.25 Therefore, the status of the legislation hangs in limbo and could potentially be revoked if the case is bought before the Supreme Court. In its state report to the UN Human Rights Committee, the Government of Pakistan claims that the JJSO will soon be replaced by the Juvenile Justice System Bill, 2015 in “order to: harmonize the Juvenile Justice System in conformity with international standards.” 26 On 21 December 2016, the Bill was passed on to Law Review Committee of the Cabinet for further debate.27 II LACK OF IMPLEMENTATION OF JUVENILE SAFEGUARDS Almost 17 years following the promulgation of the JJSO, the Government of Pakistan has consistently failed to implement its provisions. Juvenile offenders are meted the same treatment as hardened criminals. Given the dismal rates of birth registration in the country, juvenile offenders who are arrested often lack any identification documents. Police officers in Pakistan also remain largely unaware of their duty to conduct an age determination with Juvenile Justice System Ordinance of 2000 (XXII of 2000) [hereinafter JJSO], preamble See SC suspends LHC Judgment: Juvenile Justice Ordinance. DAWN (Feb 13, 2005), http://www.dawn.com/news/402002 Id. 26 U.N Human Rights Committee [hereinafter HRC], UN Human Rights Committee: Initial State Party Report: Pakistan, 39, November, 24, 2015, CCPR/C/PAK/1 27 Khudayar Mohla, Cases through Diversion: Minister Deliberates upon Draft Juvenile Justice Bill 2016, BUSINESS RECORDER, December, 21,2016, http://www.brecorder.com/general-news/172:pakistan/115493:cases-through-diversion--minister-deliberates-upon-draft-juvenile-justice-bill-2016?date=2016-12-21 23 24 25 DEATH ROW’S CHILDREN 16