The Required Doables for Juvenile Justice System

Few days back, I recieved a report of an acitivity  "National StakeHolders Conference on Juvenile Justice System in Pakistan"  by Society For the Human Rights and Prisoners Aid (SHARP) quite interesting for me due to its topic, unfortunately I couldnot attend this conference due to a very hectic schedule in December-12 when it was held, This report shows  valuable suggestions and recommendations for improvement of the legal system for Juveniles (Person less than 18 in conflict with law)

The executive summary of this report shows the problems which are being faced by this population, the number mentioned here is 1500 children behind the bars in jails of Pakistan but in my point of view, it doesnot mean 1500 children for a year, infact an ordinary day an average number of children in Pakistani Jails is on average round about1500. 

Exactly how many children go to jails for one day or one night annually, unfortunately we don’t have calculations as such. Situation in jails is very pethatic like they live without basic necessary facilities, no legal epresentation, face exploitation, abuse, inhuman punishments and life threats some times.

(A documentary which reveals the suffering of children in jails of Pakistan; https://www.facebook.com/photo.php?v=559848604040565 )

The Recommendations are much practical and doable and more or less we had same recommendations from sub-ordinate Judiciary of Punjab and Sindh during consultative sessions in SANJOG.
Briefly mentioning here the suggestions according to report:

• MIS, Database to record the children coming in and going out from judicial system of Pakistan
• Consolidation of child Related national and provincial Laws
• Legislative measures to improve of Juvenile justice System Ordinance2000  and other related laws
• The capacity building of Prison, Police and Judicial Staff
• Increase in the minimum age of criminal responsibility
• Determination of Age of a juvenile should be made scientifically
• Awareness raising of All the children regarding Legal Rights
• Appointment of Child Protection officer in Each Police Station
• The Minimum trial period for children in conflict with law
• Setting up of Juvenile Courts in all the cities
• Restorative sentencing instead of penalizing should be promoted
• Establishment of more Borstal schools/Institutes
• recreational activities for prisoned children
• Involvement of civil society for rehabilitation of juveniles
• Improvement in Probation system
• Activation of Police Liaison committees

Few important suggestions;

+ Launching of National Juvenile Policy , Funds allocation for its implementation

+ Panel of Lawyers in every district to provide free legal aid

+Appointment of Child Protection Police Officers for Juvenile’s Cases

+Maintenance of records and data related to Juveniles

+Extension of JJSO to the FATA, PATA and the FANA

+Release of children abducted under FCR

+Conclusion of pending case in Supreme Court related to the fate of JJSO 2000

I appreciate the efforts of SHARP and It very good from their platform having the big number of stakeholder on board, but I am not agree only with the recommendation segregated areas within the existing jails, as I believe the word jail should not be associated with any child (under 18) to avoid the stigma attach with it.
The consideration on juvenile justice system in Pakistan is needed but unfortunately no provinical government, no fedral and not even independent judiciary is considering it since 2000.

Question Mark for SILENT NGOs, INGOs & Development Agencies of Quetta

Abdullah b. Umar said that Rasulullah saww said :"The Merciful One shows mercy to those who are themselves merciful (to others). So show mercy to whatever is on earth, then HE will show mercy to you " (Abu Dawud, Tirmidhi )
and
in another Hadith of Prophet (PBUH) "'Whoever is not merciful to children/youngsters is not one of us"  (Bukhari)

its Article 25(1) of the Pakistani Constitution states that “all citizens are equal before law and entitled to equal protection of law”.and then again reaffirm to assure the protection of the rights of childrne in 25(3)Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

United Nation's Convention on the Rights of Children(1989) ratified by Pakistan in1990 says in article 6. regarding the survival of a child "Every child has the inherent right to life, and Governments must do all they can to make sure every child and young person has the best possible life.."

If we believe in Islam If we believe in Constitution of ISLAMIC REPUBLIC OF PAKISTAN
If We believe in United Nation's Convention's on the rights of children and individuals 
Then 
why in Quetta all the developmental Agencies, INGOs, NGOs, Donor Agencies remain silent???

More Than 25 Children Killed in Quetta Incident on 16th Feburary 2013

I didnot find any big news of protest, any vigil, or any other statement from the civil society an coalations of SO CALLED CHANGE AGENTS.

Why do the work has remained limited over there only for funded projects, big salaries and for the sake of one's own iterest i think there is need to revise the all policies and thematic documents for what we belive and what we do ???

WHAT A PITY SITUATION
MORE THAN 25 CHILDREN ARE KILLED IN A BRUTAL INCIDENT
AND
CHAMPIONS OF CHILD RIGHTS REMAIN SILENT????

...

Why a Provincial Commission for the Protection of the Rights of Children

November 12, 1990 Pakistan ratified United Nations Convention on the Rights of the Children (UNCRC) which also know as the children's 'Magna Carta  (Every person below the age of 18 years is a child according to UNCRC). Every Government that has ratified the UNCRC has to report the United Nations how well they are respecting children and young people’s rights in their country every five years, so it makes obligatory to every signatory  state to take all appropriate legislative and administrative measures for the best interest of child and to ensure the implementation on the convention.

After 18^th amendment , the given provincial autonomy has made the issues of child rights a provincial issue, But unfortunately our provincial system is ill-resourced and ill-equipped. Provincial Governments have not strong mechanism to ensure the rights of the children.

So, it makes pertinent for the provincial Governments to set up independent “Provincial Commissions on the Rights of the Children” with an authority to investigate the cases of abuse, violence against children, all the violation of fundamental rights of children and monitor the implementation of the UNCRC. Additionally, such an independent body should also devise strategies to promote and raise awareness about child rights.

 

The United Nation’s Committee on the Rights of the child, in its Concluding Observations to Pakistan in 2009, recommended for the establishment 'of an independent monitoring structure with a mandate to regularly evaluate progress on the implementation of the Convention'.

The need for establishing such a body became more important following the UN Committee's General Comment No.2 of 2002 on the role of independent human rights institutions for  the promotion and protection of the rights of the child.

  An independent provincial body to ensure the protection of the rights of children

Such an action will reaffirm the commitment of the Government to fulfill its constitutional obligations and to the international standards on the Status of Human Rights Institutions expressed in the Paris Principles and its international obligations under the UNCRC.

Punjab is biggest province of Pakistan in terms of population and we get daily news related to child abuse different forms of exploitation of children, violance on the children despite of the fact many cases go un reported, but here is no system  available at federal, provincial, district and local level, There are a number of laws related to children such as Child Marriages Restraint Act 1929; The Employment of Children Act 1991; The Juvenile Justice System Ordinance 2000 Same like, there are provincial laws i.e. The Punjab Compulsory Primary Education Act 1994; The Destitute and Neglected Children Act 2004, The Employment of Children Amendment Act 2011etc.However; still there are no mechanisms or cernteralized coordination body for the implementation on these; So Punjab should take immidiate measure for the formation/constitution of an independent commission.Its not a new thing, KP has already taken lead on it, our neighbouring countries  and other asian countries  in the region have also  the examples and models of child right commissions and authorities.
It is the demand of Child Rights Movement-Punjab since long time and we urge Punjab Government to take the legislative measures for the setting up of an independent commission on the rights of children.

Juvenile Justice System waiting for the Justice

Published in Daily Nai Baat on 20th November 2012

http://www.naibaat.com.pk/Presentation/lahore/Page09.aspx

No Vaccination No Education... "Administrative Order by DCO Lahore"

Its about three years ago, A juvenile/child in jail after getting legal Aid from us reunified with his parents. He showed his interest to go to school. The young boy was so passionate and committed to get education, we motivated his parents to send the child to school and they were agreed.
But few days later i recieved call from his father , he told that he has gone several time to the nearby Government school but couldnot be succesful for getting admission of his child, So he has changed his mind and now child will go in a tailoring unit with his elder brother. I onece again requested him and promised that i shall go with you and will meet the principal/HeadMaster to ensure the admission. Next day i went to the village situated on ferozpur road that was about 5/6 Km away from the main road.
When i went to school pursued the matter, it came into my knowledge that the Father couldnot provide the original birth cirtificate (As the original was with the court as an evidence of juvenility) and Headmaster was denieng for the admission, even the child had all other documents and prvious educational record. On my request and assuring it will be provided as soon as possible Principal got him admitted.I am thankful he accomodated the child FOR HIS FUNDAMENTAL AND CONSTITUTIONAL RIGHT because of me as i was there as a lawyer in uniform, otherwise i think another child was going to be out of school in the age of 11/12 years.

Where we have a vicious circle of poverty the vicious circle of illitracy is also attached with it, If our authorities could understand the ground realities number of children wouldnot be away from the schools, sometime our  policies and adminstrative order makes the situation worst, Instead fo facilitating we creat complications, like the orders recently DCO Lahore has passed.
http://dawn.com/2013/01/29/vaccination-card-must-for-birth-certificate/

http://tribune.com.pk/story/499665/polio-no-birth-certificate-or-school-admission-for-unvaccinated-children/

May be the intention is good as to make the people realized how important this vaccination and vaccination card is, But i know as a social worker, the parents who dont care vaccination belong to that class who will not bother any more if a child is denied from the shool admission then child will suffer being out of school beacause of their parent. We should have child friendly policies ,

If DCO Lahore is proactive, and thinks wisely he should order to have vaccination counter inside the schools as a child come without vaccination record should be treated through one window operation for admission and vaccination. Keeping him out of School because of his/her parents fault is not the solution but violation of his/her fundamental right of education. The HeadMaster/Principal of Government schools hould be directed not to refuse any child from the school because of any document.

So, If illitrate parents come to school to get admission for their children shouldnot be discouraged but should be encouraged through on spot solution. I am afraid, it the practice of such type of orders is replicated in other districts the number of already out of school children will increase and according to ASER (Annual Status of Education Report) report the situation is not satisfactory already
http://www.aserpakistan.org/document/aser/2012/reports/national/National2012.pdf