Launching Ceremony Of Book Juvenile Law In Pakistan

LAUNCHING CEREMONY OF BOOK JUVENILE LAW IN PAKISTAN LAUNCHING CEREMONY OF BOOK JUVENILE LAW IN PAKISTAN Address by Mr. Justice Ajmal Mian, Judge, Supreme Court of Pakistan [24‑9‑1997] The children as a class by reason of their physical and mental immaturity need special safeguards and care including appropriate legal protection before as well as after birth. To achieve the above objective, in all the civilized countries, various enactments have been enacted. In India also, during pre‑partition days, certain enactments were enacted to achieve the above objective. The same have been supplemented after the Independence by new enactments inter alia in Pakistan. Seemingly the object of the above enactments is what The United Nations in its Declaration on the Rights of the Child has stated, namely: "The General Assembly proclaims this Declaration of the Rights of the child to the end that he may have a happy childhood and enjoy for his own good and for the good of society the rights and freedoms herein set forth, and calls upon parents upon men and women as individuals and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the following principles." The United Nations in order to achieve the object enshrined in the above Declaration, adopted a Convention on the Rights of the Child in the General Assembly meeting held on 20‑9‑1989, to which Pakistan is a signatory. It contains 54 Articles. 2. Mr. Ilyas Khan had published his first edition in the year 1979 under the caption "Juvenile Law in Pakistan" which mainly dealt with Sindh Children Act, 1955, which repealed Bombay Children Act, 1924. He brought out his second edition in the year 1986 under the same title. The present book on the subject is the third edition under a new title, namely, "Laws Relating to Children" which has been recently published. It is more comprehensive and wider in its scope. It contains all the up-to-date laws relating to children which are in force in Pakistan besides the inclusion of the Untied Nations Declaration and Convention on the Rights of the Child. It also contains the author's comments on the major enactments with reference to the up-to-date case‑law. It is always difficult to lay hand on the relevant statutes and the rules framed thereunder unless they are compiled in one volume. Mr. Ilyas Khan by including all the up-to-date relevant statutes and the rules on the subject and the case‑law in the above third edition, has rendered great service. I am sure that the above new edition will be well‑received by the lawyers and students who are engaged in the legal education. It is a matter of great pleasure for me to be the chief guest in the launching ceremony of the above book. I wish all the success. 3. However, before concluding my remarks, I may emphasise that every member of the society owes a duty to children to ensure that they enjoy what has been provided in the above Declaration and Convention of the United Nations which is partly reflected in the various provisions of the statutes, which are in force in the various countries including Pakistan. In my view, the General Assembly in its above Declaration on the Rights of the Child has rightly called upon parents, men and women as individuals, voluntary organizations, local authorities and national Governments to recognise the rights of the children and to strive for their observance by legislative and other measures progressively to be taken. This is so firstly, for the reason that the children on account of their physical and mental immaturity are unable to assert their right and, secondly, sometimes the persons who are entitled to the legal custody of the children themselves commit offence against the children for example, some parents who are supposed to protect and safeguard their children pledge their children for bonded labour against loans which they obtain from the exploiters. In my humble view, the N.G.Os. in Pakistan like Human Rights and Legal Aid Associations can render great service in respect of the endorsement of children rights. I am happy to note that some N.G.Os. in Pakistan in fact are engaged in striving to achieve the above objective. 4. The Courts in Pakistan have been contributing towards the above objective. In this regard, it may be pointed out that the practice of pledging children for labour against loans is a very old evil which was obtaining in India' even in earlier part of twentieth century. In order to eliminate the above evil practice; The Children (Pledging of Labour) Act, 1933 was enacted in India, Sections 4 and 5 of which provided:‑‑ "4. Whoever, being the parent or guardian of a child, makes an agreement to pledge the labour of that child, shall be punished with fine which may extend to fifty rupees. 5. Whoever makes with the parent or guardian of a child an agreement whereby such parent or guardian pledge the labour punished with fine which may extend to two hundred rupees Since the provisions of the above enactment did not provide severe punishment, the practice of bonded labour continued unabated. The Supreme Court of Pakistan in the year 1989 took cognizance of the above matter as a human right case under Article 184(3) of the Constitution on a telegram addressed to the then learned Chief Justice by a bonded labour and initiated proceedings. The same culminated in a judgment reported in PLD 1990 SC 513 under the title "Darshan Masih alias Rehmatay and others v. The State". The above judgment provided mechanism for eliminating the above evil. Pursuant to the above judgment Bonded Labour System (Abolition) Act, 1992 was enacted on 11‑5‑1992, Section 11 whereof provides more severe punishment for the offender by providing that: "Whoever, after the commencement of this Act compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years nor more than five years, or with fine which shall not be less than fifty thousand rupees, or with both. " Whereas section 14 thereof prescribe the same punishment for an abettor. ??????????? It may be pointed out that section 15 of the said Act enshrines participation of the public representatives in the enforcement of the provisions of the Act by envisaging establishment of Vigilance Committees. It provides that: "15. Vigilance Committees.‑‑(1) Vigilance Committees shall be set up at the District level in the prescribed manner, consisting of elected representatives of the area, representatives of the District Administration, Bar Associations, Press, recognized Social Services and Labour Departments of the Federal and Provincial Governments. (2) The following shall be the functions of the Vigilance Committee namely:‑‑ (a) To advise the District Administration on matters relating to the effective implementation of the law and to ensure its implementation in proper manner; (b) to help in the rehabilitation of the freed bonded labourer; (c) to keep an eye on the working of the law; and (d) to provide the bonded labourers such assistance as may be necessary to achieve the objectives of the law." 5. It will not be out of context to refer my visit as the Chief Justice of High Court of Sindh to the Juvenile Jail, Landhi, on 24‑7‑1989, where I inter alia noticed that the above Juvenile Prison was converted into a General prison inasmuch as hardened criminals were kept in the same barracks in which the youthful offenders were housed. I while heading a Bench ordered the registration of proceedings under section 491, Cr.P.C. (Juvenile Jail, Landhi, Karachi, in Suo Motu Notice, 1990 P Cr. L J 1231) and inter alia framed the following two questions:‑‑ "(1) Whether a juvenile jail can be converted into a general jail? (2) If the answer of the above first question is in the affirmative, further question arises, whether the juvenile offenders can be lodged with the offenders above 18 years or 21 years of age who are charged with serious offences like murders and dacoities or should there be separate barracks in separate compound earmarked for juvenile offenders?" The above matter was finally decided by a Division Bench of the High Court of Sindh under the title Majeedan Bibi v. Superintendent Jail PLJ 1995 Karachi 1. The judgment was authored by late Mr. Justice Nizam Ahmed. the above first question was answered in the negative and it was held a juvenile jail could not be converted into a general jail. In view of the above finding on question No. 1, above‑quoted question No. 2 had become redundant and was not answered. 6. Reference may also be made to a recent judgment of the Supreme Court, namely, The State through Advocate‑General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1, in which inter alia the question in issue was, whether a child witness's testimony can be accepted for the purpose of recording conviction in a case of kidnapping for ransom, the High Court of Sindh had acquitted the accused persons by not relying upon the testimony of the child witness on the basis of certain case‑law which indicated that there was cleavage among the superior Courts on the above question. However, the Supreme Court through its majority view set aside the High Court's judgment and held that in terms of Article 3 of the Qanun‑e‑Shahadat, 1984 (which corresponds to section 118 of late Evidence Act, 1872) the child witness in the case, namely, Tariq Nawaz aged 11 years (who was the victim of the crime of kidnapping for ransom) could have been relied upon for recording conviction in a ransom case which carried maximum sentence of death. Thus, the right of a child as a competent witness was reiterated. In the end I suggest to the N.G.Os. in Pakistan to be more active in espousing the cause of children. With these remarks would thank the organizers of this function and the audience.