A blog post , providing a comprehensive understanding of juvenile justice system in Pakistan. It desribes basic conceptual understanding of juvenile deliequent, its factors, national and international instruments to address the issue, and concrete recommendations for the various stakeholders including policy makers, students, researchers, and academia to develop a roadmap for curbing the issue in true letter and spirit.
A GUIDE TO JUVENILE JUSTICE SYSTEM IN PAKISTAN.pdf
1. A GUIDE TO JUVENILE JUSTICE SYSTEM
IN PAKISTAN
Quick Read
• Background
• Juvenile Justice: Concepts and Definitions
• Juvenile Delinquency
• Common Characteristics of Juvenile Delinquent
o Dispute among influential facts
o Deviancy among institution
o Disobeying of policy
2. o Performing overt acts
• Factors behind Juvenile Delinquency
• Social factors
o Incompetency in family relationships
o Split families
o Parental affiliation
o Defects of the school system
o Societal incompetency
• Psychological Factors
o Intellectual Inflammation
o Personality Attributes
o Vagrancy
• Money Matters:
• Preventive Measures for Juvenile Delinquency
• International Agreements for Juvenile Justice System
• Legal Measures for Juvenile Justice System in Pakistan
• Recommendations:
• References
Background
Under the ambit of criminal justice system, Juvenile delinquency is a global issue deeply
established in various sectors of society that exert influence over people’s lives (Hartjen,
2008). Children represent significant assets within our society, shaping the future
progress of nations. The prosperity of a nation correlates with each passing generation,
but if these assets become involved in unethical behavior, it can destroy societal
segments. Juvenile delinquency, fundamentally, involves the violation of laws by
individuals who have not yet reached the age of maturity (Bartollas et al., 1985).
Understanding the concept of juvenile delinquency, delinquents, and delinquent acts is
crucial. It comprises any unlawful act committed by minors or adults, as per
governmental laws, before age 18 (Bartollas et al., 1985). From established legal
frameworks constitutes delinquent behavior, which may include serious offenses such
as murder, theft, rape, and arson, among others. Pakistan faces significant challenges
arising from juvenile delinquency, including social intolerance, class discrimination,
developmental disparities between rural and urban areas, unemployment, illiteracy,
and inadequate roles played by families and schools.
Juvenile Justice: Concepts and Definitions
There are separate systems for dealing with adult criminals and young offenders in
today’s societies. The juvenile justice system is part of the overall criminal justice
system that explicitly handles cases involving children who have broken the law. Its
main goal is to ensure fairness and justice for all young people. Before delving into the
specifics of juvenile justice in Pakistan, let’s clarify some terms commonly used in this
field.
3. According to the Cambridge Dictionary, a juvenile is “a young person who is not
considered an adult yet.” A juvenile is defined as “someone who falls within an age
range specified by state law.” This age range varies globally, typically from 7 to 18 years
old. According to the UN Convention on the Rights of the Child and the Juvenile Justice
System Ordinance 2000, a juvenile is anyone under 18. The Dictionary of American
Criminal Justice, Criminology, and Criminal Law defines a juvenile as “a person under a
certain age (usually between seventeen or eighteen) who could be under the juvenile
court’s authority.” It’s important to note that juvenile, child, adolescent, and teenager
are often used interchangeably in the juvenile justice system.
Juvenile Delinquency
Juvenile delinquency refers to a wide range of behaviors, such as hanging out in loud
groups, skipping school, stealing, breaking the rules, and getting into fights or trouble.
It’s behavior by young people that goes against what their parents or guardians expect
and can lead to legal consequences. In the juvenile justice system, children who break
the law aren’t called criminals; they’re called delinquents. Instead of crimes, their wrong
actions are called delinquent acts.
Common Characteristics of Juvenile Delinquent
Dispute among influential facts
Parents, teachers, or older siblings are often identified as significant factors in causing
norm-breaking.
Deviancy among institution
kids is stubborn, disobedient behavior, skipping classes, or not showing up for school.
Disobeying of policy
They continuously stay away from their residences to avoid following rules or policies.
Performing overt acts
kids overact, like bullying, physical fights, involvement in gangs, or violent behavior.
Factors behind Juvenile Delinquency
Juvenile delinquency happens when young people under 18 break the law. It’s a mix of
two things: being under 18 and doing something against the law. There are many
reasons why this happens, some of which are the following:
Social factors
4. Social factors refer to societal influences that shape how individuals behave, especially
when they break group norms and engage in delinquent behavior during their
upbringing. These influences can come from various sources like family and
neighborhood. They are always present around individuals, encouraging them to adopt
the behaviors of their group. These behaviors are not necessarily learned but are
absorbed as part of being a member of that group or culture. However, when examined
systematically, social factors include the following:
Incompetency in family relationships
The family plays a significant role in how we grow and learn. It’s like a school where
we’re born and taught how to behave. In families, there’s usually someone in charge,
like a parent, and they pass on their ways of doing things to the next generation. If a
father is cheerful and spends time with the family, the child is likelier to behave well
and have a strong bond. But if a father does terrible things, it can affect the children and
lead them to misbehave. Delinquency, or destructive behavior, isn’t passed down like an
inheritance from older siblings to younger ones (Smith, 2007).
Split families
In split families, there’s only one parent around, like a single mom or dad, working
parents, divorced parents, or those where one parent has passed away. Because there’s
only one parent, they might not always be able to watch over the children, increasing
the likelihood of them getting into trouble (Akhmatkhonovna & Jamshid, 2021).
Parental affiliation
When parents have little bond with their children, there’s a higher likelihood of
delinquent behavior within the parent-child relationship. Therefore, fewer
opportunities for one-on-one interaction result in less responsiveness from parents
towards their children’s connections.
Defects of the school system
The environment in various institutions significantly influences how children develop
socially. For instance, if a school has strict rules and a conservative atmosphere,
children may become disinterested in attending. Consequently, they might face
disciplinary actions at school and pressure from their parents to continue their
education. This can hinder their cognitive development and may even result in physical
punishment. These environmental influences can have lasting effects on a child’s later
stages of life, including their professional career.
Societal incompetency
In a social environment marked by disorder, children may struggle with maintaining
focus, knowing how to behave, and avoiding trouble, leading to impairment.
Consequently, they may view society negatively and act impulsively without
5. considering the consequences (Scott & Grisso, 2004). When children feel disconnected
from society, they may turn to delinquent behavior to cope.
Psychological Factors
We’ve observed that psychological issues are closely tied to an individual’s inner
workings, where their brain controls all their actions and responses. It oversees
everything linked to an individual’s thinking. This includes psychological factors
contributing to juvenile delinquency:
Intellectual Inflammation
In many cases, there’s a similarity among psychological illnesses, leading individuals to
commit wrongful acts due to their tendency to make mistakes. Such individuals often
feel oppressed and prone to incorrect decisions (Sultanovna, 2022).
Personality Attributes
Personality combines physical and psychological traits that distinguish one person from
another. Certain traits, such as impoliteness and impulsivity, can lead to delinquent
behavior.
Vagrancy
Every person tends to vagrancy, which can manifest as aggression and an inability to
handle even minor punishment. This lack of consequence can significantly push
individuals toward criminal behavior.
Money Matters:
Money problems are only one of the reasons why young people turn to crime. But life is
more complicated for them when kids don’t have what they need to live. Society also
plays a big part in this. When kids see their friends or neighbors living fancy lives, they
might feel missing out. This can push them towards bad choices to get all the nice things
they see. Sometimes, because of pressure from society, they hang out with the wrong
crowd and do things they shouldn’t.
Preventive Measures for Juvenile Delinquency
While technology has made life easier, it also has its downsides, sometimes leading
people away from the right path. Generation gaps, especially between parents and
children, significantly affect family bonds. Parents must monitor their kids’ activities to
ensure their development isn’t negatively impacted. Providing awareness, considering
their perspectives, fostering a sense of belonging, and rewarding positive behavior can
help kids become confident and responsible members of society.
6. Education is crucial for dealing with challenging situations. It’s the pathway to earning a
respectable living and leading a peaceful life. A healthy mind leads to a healthy body.
Engaging in positive activities influences your behavior, attitude, and, ultimately, your
well-being.
International Agreements for Juvenile Justice System
According to the United Nations Conventions on the Rights of the Child (UNCRC), kids
and teens who need legal help should get it reasonably and without any discrimination.
Their well-being should be the top priority. Also, no child should ever face torture or
other cruel treatment. These agreements aim to ensure fairness in the justice system.
The Riyadh Guidelines
These guidelines, adopted by the UN, focus on treating young people fairly within the
legal system. They’re based on various human rights declarations and treaties
specifically for children. They’re adapted to fit each country’s circumstances.
The Beijing Rules
The UN sets These rules to guide how young people are treated in the legal system. They
stress the importance of considering young people’s and their families’ well-being and
using community resources to help them.
7. Legal Measures for Juvenile Justice System in Pakistan
Juvenile Justice System Act, 2018
This law focuses on handling cases involving young offenders in a way that helps them
reintegrate into society. It introduces the concept of diversion, where minor cases to
deal with outside formal court processes. It also allows the government to set up
8. educational and certified institutions to support the social reintegration of young
offenders.
The Balochistan Borstal Institutions Act, 2014
This act establishes Borstal Institutions in Balochistan to educate and train juvenile
offenders for personal development. It ensures separate facilities for female inmates
and provides opportunities for them to work and to release on parole under certain
conditions.
The Khyber Pakhtunkhwa Borstal Institutions Act, 2012
This act is like the Balochistan Borstal Institutions Act but is specific to the Khyber
Pakhtunkhwa province.
Punjab Probation of Offenders Ordinance 1960
This ordinance allows courts to release offenders on conditional discharge instead of
imprisonment under certain conditions. It aims to rehabilitate offenders and prevent
repeat offenses.
The Sindh Children Act, 1955
This act establishes Juvenile Courts for cases involving children under sixteen. It
ensures that these courts have exclusive jurisdiction over children’s cases and are
separate from regular courts.
Recommendations:
• Parents, especially mothers, play a crucial role in positively shaping a child’s
behavior. Investing in parental education is critical, as a mother’s embrace is
often said to be the best school for a child.
• Both parents and the government need to focus on ensuring children’s basic
needs for growth and health are met, including access to medical care, shelter,
nutrition, and clothing, as many children lack these necessities.
• Creating a respectful, trusting, sympathetic, and hospitable home environment
with cooperation and understanding fosters a friendly atmosphere for children.
• Society should provide educational and recreational opportunities for children to
develop skills, receive training, enjoy recreation, and have social security.
• Governments should make concerted efforts to address societal issues
contributing to juvenile delinquency. They should also monitor and regulate the
treatment of juveniles by law enforcement and the media.
• State-level decisions should prioritize social improvements and reforms to
prevent juvenile crime involvement.
9. • The media, both electronic and print, can contribute to child rehabilitation by
raising public awareness about delinquent behaviour and fostering positive
attitudes among parents and society.
• Dealing with juvenile delinquency requires specialized knowledge and expertise
from jail staff and lawyers.
• Police staff in jails should receive psychological education to be more empathetic
and understanding towards delinquents.
• Legal and social measures should implement to protect children from various
forms of abuse and injustice.
• Children may allow to express their views and participate in decisions affecting
their lives.
• Regular coordination between federal and provincial juvenile centers is essential
for a functional juvenile justice system.
• The establishment of a national commission on the rights of the child and the
prohibition of corporal punishment can ensure proper oversight and
accountability in the treatment of juveniles.
• Separate juvenile institutions with healthcare, education, and training facilities
should set up.
• Custodial sentences should be minimized, and alternative measures like
community service or probation should be preferred.
• Providing training for staff involved in the juvenile justice system is crucial to
sensitizing them to children’s needs and rights.
Sr. Writer at Irfannawaz.com
Mooness Sattar
References
Akhmatkhonovna, G. K., & Jamshid, T. (2021). Pedagogical and Psychological and
Psychological factors of suicidal behavior of minors. Galaxy International
Interdisciplinary Research Journal, 9(12), 1053-1058.
Bartollas, C., Schmalleger, F., & Turner, M. G. (1985). Juvenile delinquency. Wiley.
Hartjen, C. A. (2008). Youth, crime, and justice: A global inquiry. Rutgers University
Press.
Scott, E. S., & Grisso, T. (2004). Developmental incompetence, due process, and juvenile
justice policy. NCL Rev., 83, 793.
Smith, I. (2007). Being tough on the causes of crime: Tackling family breakdown to
prevent youth crime. Social Justice Challenge, 1-15.
10. Sultanovna, Y. G. (2022). Psychological mechanisms of crime prevention among
teenagers (Family aspect). American Journal of Interdisciplinary Research and
Development, 9, 266-273.