Juvenile Justice in Pakistan -- How to Achieve Desired Results?

Abstract

This paper provides a brief analysis of the Juvenile Justice System Ordinance, 2000 with reference to its characteristics and problems faced by judges, magistrates, prosecutors, legal actors and probation officers. It also highlights that the concept of therapeutic jurisprudence is relevant for juvenile justice system. Probation, parole, and alternative sentencing regime have also been discussed in brief. The concept of development of curricula for juveniles in detention facilities is mentioned as well. Importance of judicial education to improve competencies of knowledge, skills and attitude has also been discussed.

Pakistan being an Islamic State, its Constitution, the Constitution of Pakistan 1973, provides mandatory responsibility that all laws have to be in accordance with Qur'an and Sunnah. Likewise, Court are bound to interpret the laws in accordance with principles as laid down in Holy Qur'an and Sunnah. Juvenile laws will be discussed on this touchstone as well.

This is also supplemented by case law synopsis of some of the important Pakistan Supreme Court decisions on juvenile justice. At the end, the text of the Juvenile Justice System Ordinance, 2000 is provided for ready reference. A select bibliography of print and online materials and reference to important websites is also part of this study.

Keywords: Juvenile Justice System Ordinance, Pakistan, probation, Therapeutic Jurisprudence, parole, alternative sentencing, rehabilitation, reformation, age, Child Rights Convention, CRC, JJSO, juvenile court, procedural justice, bail, behavioral contract, destitute, neglected, children court., Islamic

JEL Classification: K40