Establishment of Child Protection Unit for Juvenile Offenders

ESTABLISHMENT OF CHILD PROTECTION UNIT FOR JUVENILE OFFENDERS ESTABLISHMENT OF CHILD PROTECTION UNIT FOR JUVENILE OFFENDERS By Muhammad Shahid Shafiq, District & Sessions Judge, Sukkur Pakistan is a signatory to the Convention on the Rights of Child (CRC) and has in place laws protecting children in contact or in conflict with the law. There are still around 1500 children held in prisons, most without conviction, awaiting lengthy court cases and possible harsh punishments. The Pakistan Penal Code set the age of criminality at seven which meant that young children could be detained in harsh' circumstances. The Government promulgated the Juvenile Justice System Ordinance (JJSO) in 2000, which tried to bring the law on juvenile justice in conformity with international standards by defining the child as under 18; prohibiting the use of hand-cuffs; banning capital punishment; and making provisions for the establishment of exclusive juvenile courts. However, there have been gaps in the implementation of the JJSO. The Juvenile Justice System continues to be weak in the country. The government did not establish separate and exclusive juvenile courts, but designated all Magistrates and Sessions Judges to perform as juvenile courts. The probation department is weak and except for Punjab and Khyber Pakhtunkhwa, the other provincial probation departments do not even have female probation officers, hence female children are put under the supervision of male probation officers. For children who are convicted under the law there are only two borstal homes .in the Punjab and one reformatory school in Sindh. Khyber Pakhtunkhawa and Balochistan have no borstal homes or reformatory schools, and children continue to be incarcerated in adult jails. There is neither an institutionalized data collection and reporting system on children in conflict with law nor any functional complaint mechanism. The police and jail staff, handling children in conflict with the law, do not have the capacity required by the standards set out in the CRC. Article 12 of the Beijing Rules states regarding specialization within the police for betterment of juvenile: 'In order to best fulfil their functions, police officers who frequently or exclusively deal with juveniles or who are primarily engaged in the prevention of juvenile crime shall be specially instructed and trained. In large cities, special police units should be established for that purpose.' Currently there is no proper practice and guidelines to handle juvenile offenders at Police Station. Proper data of juvenile offenders is not available at police station level as there is no system to maintain records and information which would be used for extending them assistance. Police officers who deal with juveniles are not specially instructed and trained. It is usually reported in print media about abuse of child at police station during the course of investigation. The cases of the juvenile are not disposed of within the time prescribed under the law. They are brought in the same police stations where adult are detained and interrogated. There is dire need to set up special unit at district level for handling juvenile, and trained staff/officers need to be appointed (designated) therein. An attempt was made by the Islamabad Police in this regard and an agreement was executed to implement the scheme. The practice is being replicated in Sindh with more initiatives and objectives. Setting up child friendly place of investigation, maintenance of juvenile record, offender-victim mediation, and diversion for the rehabilitation would definitely facilitate juvenile offenders. The role of the UNICEF, the IG Police Islamabad and CCPO Karachi in establishing the Child Protection Units is commendable. All the stakeholders of the juvenile justice system are expected to encourage the idea and play their imperative role in formulating and running the Unit successfully. At the same time leading partner/stakeholder is expected to share the activities with all stakeholders, in particular, the data collection and sharing mechanism. This, indeed, is a constructive effort to promote the rights of the juveniles who come in conflict with the law.