The establishment of a children court in Chicago, USA, came into existence in 1899. It is said to be the first ever child court in the world. Its purpose was to provide quick and affordable justice to children in conflict with law and to ensure that their other rights were not violated after coming in conflict with law.
The first children court in Pakistan was established in Lahore on December 19, 2017, the second one in Peshawar, on March 16, 2019, and the third and fourth one on October 5, 2019 in Mardan and Abbottabad respectively. Establishment of the same court is in process in Karachi, Quetta Islamabad and the district Mohmand-the newly merged district of FATA into Khyber Pakhtunkhwa.
Children courts are more required today than ever as every day there are 10 to 12reports of child abuse cases. Also, there are reports of juvenile crimes. In just the Khyber Pakhtunkhwa prisons, there are approximately four to five hundred minors.
The establishment of children courts is also a legal requirement. The Juvenile Justice System Act 2018 requires that juvenile courts be established at the level of districts or divisions. Section 4 (1) states: “The Government in consultation with the concerned High Court shall (by notification in the official Gazette) establish or designate one or more Juvenile Courts, within a period of three months of the commencement of this Act.”
In 2000, for the first time in Pakistan, during the tenure of General Pervez Musharraf, the Juvenile Justice System Ordinance called for the establishment of special courts for children in conflict with law. The Khyber Pakhtunkhwa Child Protection and Welfare act 2010 also requires the establishment of child protection courts for children facing protection risk. It states in section 15 (1):”Government may in consultation with the Peshawar High Court, by notification in the official Gazette, notify different Courts of Sessions as Child Protection Courts under this Act.”
In Khyber Pakhtunkhwa, the Child Protection and Welfare Commission has reported thirty thousand cases of children facing risks in twelve districts, from 2011 to 2019
The establishment of children courts is essential for safeguarding interests, dignity and survival of children. It is one of the most important components of a child protection system.
In Khyber Pakhtunkhwa, the Child Protection and Welfare Commission has reported thirty thousand cases of children facing risks in twelve districts, from 2011 to 2019. The cases that are not reported and those who are not from those districts are not included in this data. The Peshawar children court had60, Mardan 80 and Abbottabad 45 cases on the first day. According to the January 4, 2019 press briefing of the Peshawar High Court, since March 2016, the three courts have disposed 450 cases related to child protection. That is a commendable proof for the need to establish special children courts.
The main feature of the three children courts established in Khyber Pakhtunkhwa is that they deal with cases of minors in contact or in conflict with law.
Prime Minister Imran Khan and Chairman of Council of Islamic Ideology Qibla Ayaz have also emphasised the need for establishment of children courts.
In addition to establishment of children courts in all districts of Pakistan, there must be child protection units of international standards, observation homes at the police station level, rehabilitation centres, and juvenile justice committees. There is also a dire need to raise public awareness of the importance and effectiveness of these courts and to increase the capacity of the relevant institutions and officers.
All these steps are necessary to ensure the safety of our children and their access to justice, which is a fundamental right and the responsibility of state and government.
The writer is a Peshawar-based child rights activist