The Juvenile Justice System and Children Rights in Pakistan
Ultimately, children involved in the justice system are not just “offenders”; they are individuals with untapped potential who deserve compassion, opportunity, and a fair shot at life.
Children rights in Pakistan are a fundamental concern that directly influences the development, safety, and future of the country. Among the most sensitive aspects of these rights is the treatment of minors within the justice system. The juvenile justice system is designed to rehabilitate rather than punish young offenders, but its practical implementation across Pakistan is often marred by challenges, inconsistencies, and human rights concerns.
This blog explores the link between the juvenile justice system and children rights in Pakistan, examining legal frameworks, implementation gaps, societal attitudes, and the critical role of organizations such as SOS Children’s Villages Pakistan in protecting the nation’s most vulnerable.
What is Juvenile Justice?
Juvenile justice refers to the area of law and governance that deals with individuals under 18 who are accused or found guilty of committing criminal offenses. The purpose of juvenile justice systems globally is to focus on rehabilitation and reintegration rather than retribution. Children, unlike adults, are still in the process of psychological and moral development, and therefore, require a justice system tailored to their needs.
Juvenile Justice in the Pakistani Legal System
Pakistan’s juvenile justice system is governed by key legislations such as:
- The Juvenile Justice System Ordinance (JJSO) 2000
- The Juvenile Justice System Act (JJSA) 2018 (replacing the JJSO)
- The Pakistan Penal Code (PPC)
- The Criminal Procedure Code (CrPC)
- The United Nations Convention on the Rights of the Child (UNCRC) – ratified by Pakistan in 1990
The JJSA 2018 was a landmark piece of legislation aimed at ensuring that juveniles are not subjected to the same procedures as adult offenders. It promotes alternatives to detention, the establishment of separate juvenile courts, and legal aid to accused minors.
Core Rights of Children in the Justice System
According to both national and international standards, children involved with the law are entitled to:
- Legal representation and free legal aid
- Protection from torture, abuse, and degrading treatment
- Timely trial in a separate juvenile court
- Privacy during proceedings
- Access to rehabilitation and reintegration programs
- Protection from capital punishment or life imprisonment without parole
Despite these protections on paper, the reality for many minors caught up in the justice system in Pakistan is often grim and far removed from these guarantees.
Major Issues in the Juvenile Justice System
1. Age Verification Challenges
A key issue in children rights in Pakistan is the inconsistent verification of age. In many rural and marginalized communities, children do not possess birth certificates or any official identification. This loophole results in juveniles being tried and jailed as adults—a clear violation of their rights.
2. Lack of Specialized Juvenile Courts
Although the JJSA 2018 mandates dedicated juvenile courts, many areas of Pakistan—especially remote and underdeveloped districts—still lack such infrastructure. Juvenile cases are often tried in regular courts, exposing children to harsh environments and procedures.
3. Detention with Adults
Despite the law’s requirement for separate detention facilities, numerous reports show that minors are held with adult prisoners. This exposes them to abuse, violence, radicalization, and other forms of harm, thereby worsening their trauma and damaging prospects for rehabilitation.
4. Delayed Legal Proceedings
Pakistan’s overburdened court system often results in long pre-trial detentions for children. Delays can span months or even years, robbing minors of their childhood and future. Such systemic inefficiencies directly violate the child's right to a speedy and fair trial.
5. Poor Rehabilitation Services
Rehabilitation is the cornerstone of juvenile justice. However, in Pakistan, rehabilitation centers, psychological services, and educational programs are severely lacking. As a result, juveniles released from custody often find themselves rejected by society, vulnerable to exploitation, or returning to criminal behaviors.
Children Rights in the Context of Socioeconomic Disparities
Socioeconomic inequality has a profound effect on how justice is served. Children from impoverished backgrounds, ethnic minorities, and remote regions are disproportionately represented in the juvenile system.
Role of Poverty and Lack of Education
Many children in conflict with the law are victims before they are offenders—victims of poverty, neglect, abuse, and lack of opportunity. Without access to education or secure homes, these children often turn to petty crimes, child labor, or are manipulated by criminal networks.
Street Children and the Law
Pakistan has an estimated 1.5 million street children, many of whom have no adult guardians. These children are extremely vulnerable to being picked up by police, often without warrants, and subjected to violence or extortion.
The Role of SOS Children’s Villages Pakistan
Protecting and Empowering Vulnerable Children
SOS Children’s Villages Pakistan plays a critical role in protecting the rights of children, especially those who are most vulnerable—orphans, abandoned children, and victims of abuse or legal exploitation. The organization provides:
- Family-like care and homes
- Access to quality education
- Psychosocial support
- Vocational training
- Legal guidance and referrals
Supporting Reintegration and Preventing Reoffending
SOS Children’s Villages Pakistan works not just on providing immediate relief, but also on long-term reintegration into society. Through community outreach, child protection advocacy, and partnerships with legal aid organizations, SOS ensures that children affected by the justice system have a second chance at life.
International Standards and Pakistan’s Commitments
Pakistan is a signatory to several international human rights instruments, including:
- United Nations Convention on the Rights of the Child (UNCRC)
- International Covenant on Civil and Political Rights (ICCPR)
- United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules)
Despite these commitments, the implementation remains weak due to political instability, lack of resources, and insufficient training among law enforcement personnel.
Conclusion
Children rights in Pakistan, especially in the context of the juvenile justice system, are a litmus test of our nation’s commitment to human dignity and social justice. While Pakistan has enacted progressive laws such as the JJSA 2018, real-world application continues to fall short of international and moral standards.
The journey to a just and child-sensitive legal system requires collaboration between the government, civil society, judiciary, and community organizations. Institutions like SOS Children’s Villages Pakistan serve as beacons of hope by offering practical support and advocating for the fundamental rights of every child.