Daily Times

Sanghar: Juvenile Justice Advocacy Network Pakistan- JJANP organized a training workshop on the implementation of juvenile justice System Act 2018 in District Sanghar- Sindh wherein relevant stakeholders participated to share their views and experiences pertaining to the juvenile justice system across Pakistan to ensure its effective implementation. Participants included probation officers, lawyers, researchers, law students, and civil society rights activists participated in order to make sure that juveniles who get in conflict with law be given due rights as embodied in the 2018 Act and UN Convention on Rights of Child in line with Article 37 of the same. The training also aimed for voicing against rampant violence against children across Pakistan.

The trainers and participants were of the view that the practice of the death penalty and life imprisonment should be abolished for juveniles allegedly and/or convicted of heinous offences, including terrorism. Moreover, the investigation of criminal cases should be made fair and transparent in accordance with Criminal Code of Procedure so as to make sure that the juveniles without any shadow of doubt are declared as juveniles, if any material evidence on the age of the arrested person discloses him less 18-year of age. This procedure has to be adopted by the police and law enforcing agencies as warranted Section 8 of the Act 2018. The speakers also opined that Section 23 of the Act 2018 ought to be interpreted soonest for the help of all stakeholders involved in the juvenile justice system as to which law will prevail in cases of terrorism related offences. The contradiction of section 23 of JJSA 2018 and Section 32 read with 21 G of Terrorism Act is cleared up.

JJANP Executive Members enunciated that “Juvenile Justice System demands due rights to be given and ensured to all juveniles who come in conflict with law-starting from the time of arrest until the completion of trial. The problem within Pakistan is that there is no direct and complete procedure available for age determination of arrested person. The age determination has to be done at the earliest stage, such as during physical remand proceedings by the police investigation officer. The police officers/investigation officers intentionally or unintentionally do not treat an arrested person as juvenile if that appears to be juvenile in order to avoid their duties rising under the JJSA 2018.

Furthermore, the speakers recommended for medical evidence should be made mandatory in cases wherein plea of juvenility is raised by the arrested person and birth certificate and school leaving certificate should not be considered while determination of age of arrested person as this has been done in early case law developed after the promulgation of repealed juvenile justice system ordinance 2000. The courts across Pakistan must also ensure that a plea of juvenility is to be considered at the stage of preliminary investigation, not at any stage of the judicial proceedings.