Protection and Rehabilitation of Juvenile Offenders
CRIMINAL LAW
In Writ Petition No. 40169/2024, Rehana Nazir petitioned under Article 199 of the Constitution and Section 491 of the Criminal Procedure Code, seeking the recovery of her grandson, Ghulam Murtaza, allegedly in the illegal custody of respondent Hassan Abbas. The detenu, presented by the Station House Officer, was implicated in a theft case and subsequently released on a surety bond under the Juvenile Justice System Act, 2018 (The Juvenile Act).
Key Issues:
Implementation of The Juvenile Act: The case highlighted the lack of proper implementation of The Juvenile Act, which mandates a reformative approach towards juvenile offenders.
Detention and Welfare of Minors: The court was concerned with the welfare of Ghulam Murtaza and his siblings, who were found to be involved in criminal activities and living in destitute conditions.
Role of State Functionaries: The court examined the responsibilities of various government departments and officials in implementing The Juvenile Act and ensuring the protection and rehabilitation of juvenile offenders.
Legal Framework and Case Law: The Juvenile Justice System Act, 2018 emphasizes rehabilitation over punishment for juvenile offenders, requiring specialized treatment and legal assistance. The Punjab Destitute and Neglected Children Act, 2004 provides for the protection and welfare of destitute and neglected children. Pakistan is a signatory of UN Convention on the Rights of the Child (UNCRC), and committed to upholding children's rights and ensuring their protection and rehabilitation. The court cited various cases, such as Dr. Arslan Iftikhar vs. Malik Riaz Hussain and Others (PLD 2012 SC 903), emphasizing the enforcement of laws protecting juveniles.
Court’s Analysis and Directions: The court directed the government to implement The Juvenile Act without further delay to protect the rights and welfare of juvenile offenders. Juvenile offenders should only be interrogated by officers of a certain rank, with the assistance of probation or social welfare officers. The court mandated the establishment of these committees in each Sessions Division to ensure fair treatment and diversion of juvenile cases. Juveniles must be kept in observation homes, separate from adult offenders, to protect their welfare and promote rehabilitation. The court further recommended training sessions for prosecutors and investigating officers to ensure compliance with The Juvenile Act.
Conclusion: The Lahore High Court emphasized the urgent need for the effective implementation of The Juvenile Act to ensure the protection and rehabilitation of juvenile offenders. The court directed relevant state functionaries to take immediate steps to enforce the law, establish necessary facilities, and provide training to ensure a fair and humane justice system for juveniles. The petition was disposed of with specific directives to safeguard the welfare of Ghulam Murtaza and his siblings, ensuring their protection and rehabilitation under the Child Protection Bureau's care.
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