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Pakistan passed the Juvenile Justice System Ordinance in 2000. The ordinance directed the government to set up special juvenile courts for under-age offenders and establish independent trials for juvenile and adult offenders. However, the government has not only failed in setting up of the special juvenile courts but many districts have been found to be grossly violating the ordinance. In the Lahore district of Pakistan, juveniles and adults are tried by the same judges in same courts. The police have been violating the 2000 ordinance which requires the police to file cases against juveniles and adults separately. However, the police have not only lagged in filing cases as directed by the ordinance but have also followed the 14-days for filing cases prescribed by the ordinance. A special sessions judge directed the SSP to ensure that the ordinance is followed and that juvenile and adult cases are filed separetely. In the Sindh province of Pakistan, juvenile offenders and adult prisoners are jailed togather. Many juveniles are also subjected to hard labour and not granted permission to meet their relatives. 131 juvenile prisoners are being subjected to criminal assault and many had become deranged because they were being kept in solitary confinement. At least 12 juvenile prisonerswere suffering from different diseases and were being forced to do various chores in jail though they were not convicts, a recent resolution by the Hyderabad district council said. Demanding that juvenile offenders be produced before courts regularly and their cases be tried in a expedious manner, the resolution alleged that juvenile offenders were being subjected to hard labour in jails and the cases of under-age prisoners did not proceed because they were never produced before the court. It said that all hope for the children to reform and re-integrate into society would be lost if such treatment continued to be meted out to them. The resolution that was floated before the Hyderabad district council by Mr. Yousuf Qureshi demanded of the Sindh government stop the compulsory labour of juvenile prisoners and make arrangements for their education. In the Peshawar province of Pakistan, the chief justice of the High Court has expanded the number of judges who can overlook cases of juvenile offenders. Apart from all district and sessions judges, judicial magistrates now have the power to preside over juvenile justice cases under Section 4(2) of the Juvenile Justice System ordinance 2000. This move was required because of the government's failure to establish special juvenile courts as directed under the ordinance and the growing number of crimes committed by juveniles. The above three instances point towards the complete failure on the part of Pakistan's government in implementing an ordinance that focuses on the need for treating children differently from adults thereby giving them every chance to be rehabilitated and rejoin society to lead a normal life. This may just be a reflection on the government's lack of sensitivity towards the needs of it's children.
Posted on 2003-02-12
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