DECEMBER 9, 2022

The Juveniles are entitled to State-Funded Legal Assistance to Ensure their Rights are protected during Legal Proceedings --- Lahore High Court

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The Juveniles are entitled to State-Funded Legal Assistance to Ensure their Rights are protected during Legal Proceedings --- Lahore High Court

 

Islamabad 26-07-2024: The Lahore High Court has issued a landmark judgment in [Writ Petition No. 40169/2024], filed against the District Police Officer and others, emphasizing the urgent need for effective implementation of the Juvenile Justice System Act, 2018. The judgment, delivered by Mr. Justice Ali Zia Bajwa, outlines critical directives for government and law enforcement agencies to ensure the protection and rehabilitation of juvenile offenders.

 

The petitioner sought the recovery of her grandson, Ghulam Murtaza, from alleged illegal custody. The Court ordered the custody of Ghulam Murtaza and his siblings to be handed over to the Child Protection and Welfare Bureau, Punjab, highlighting their pitiable condition and involvement in criminal activities. 

 

The Court observed a significant lack of effort in implementing the Juvenile Justice System Act, 2018. The Court criticized the systemic inefficiencies and the persistent gap between policy and practice, which hinder the protection and rehabilitation of juvenile offenders.

 

The judgment stressed the importance of a reformative approach in juvenile justice, in line with international standards such as the UNCRC, Beijing Rules, and Riyadh Guidelines. The Court urged that juvenile offenders be treated with a focus on rehabilitation rather than punishment.

 

The Court highlighted that juveniles are entitled to state-funded legal assistance to ensure their rights are protected during legal proceedings. This provision aims to offer fair legal representation for juvenile offenders and victims alike.

 

The Juvenile Courts must be established promptly to handle cases involving juveniles, ensuring decisions are made within six months. These Courts are to provide a less intimidating environment for juveniles, prioritizing their well-being and rehabilitation.

 

The Court mandated that juveniles be treated separately from adult offenders, with special procedures to protect their rights during custody and interrogation. The law prohibits preventive detention of juveniles and mandates their detention in observation homes.

 

Investigations involving juveniles are to be conducted by higher-ranking police officers with the assistance of probation officers or social welfare officers. This ensures thorough and sensitive handling of juvenile cases.

 

The judgment emphasized that female juveniles should be handled exclusively by female officers and detained in facilities dedicated to female inmates to ensure their safety and dignity.

 

The Court ordered the establishment of Juvenile Justice Committees to oversee and ensure the fair treatment and rehabilitation of juvenile offenders. These committees are to include members from the judiciary, prosecution, and social welfare sectors.

 

Diversion measures are to be utilized to resolve juvenile cases outside traditional judicial proceedings, focusing on rehabilitation and reintegration rather than punishment.

 

The Court underscored the importance of protecting the identity of juveniles and mandated comprehensive probation officer reports to assist in making informed decisions that prioritize rehabilitation.

 

The judgment called for the establishment and maintenance of observation homes and Juvenile Rehabilitation Centres to provide appropriate care and rehabilitation for juvenile offenders.

 

The Court stressed the mandatory nature of implementing juvenile justice laws and holding state functionaries accountable for failures. Effective implementation is crucial to uphold the rule of law and protect the rights of juveniles.

 

The Court issued specific directives for immediate implementation of the Juvenile Justice System Act, 2018, urging the government and law enforcement agencies to take prompt and decisive actions.

 

The state is directed to fulfill its obligation to protect and rehabilitate neglected children, dismantling criminal networks that exploit minors and ensuring their reintegration into society.

 

The judgment stands as a crucial reminder of the state's duty to uphold juvenile justice laws, providing a comprehensive framework for the protection and rehabilitation of young offenders. The Court's directives aim to bridge the gap between policy and practice, ensuring a fair and humane juvenile justice system in Pakistan.

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