Call to implement children rights laws

KARACHI - The law experts and NGOs have urged the government to implement Juvenile Justice System Ordinance JJSO 2000 and Sindh Children Act 1955 in order to provide relief to the juvenile prisoners. Talking to TheNation, Zia Ahmed Awan advocate, President Lawyers for Human Rights & Legal Aid (LHRLA) while expressing his dissatisfaction over poor performance of the social welfare, interior and other relevant departs, said that above-declared institutions had failed shouldering their responsibilities pertaining to provision of relief to the children in prisons. He pointed out that there was not a single prison or any rehabilitation centre for the female juvenile prisoners in the country, and all such prisoners were also being treated by male probation officers and prisons staffers, which was clear-cut violation of the law. He also mentioned that Sindh High Court had already ordered to remove the juvenile prisoners in the jail-menu and juvenile prisoners be separated across the province, but so far, the order has not been implemented properly. He revealed that the juvenile prisoners were kept with the adult prisoners across the province except Karachi, adding that they were being misbehaved by prison staffers. 'There was no concept of separate juvenile cells in the premises of the adult prison across the country, thus the prisons are being considered as the primary institution of teaching crime, he added. According to Society for the Protection of the Rights of the Child (SPARC), an NGO working on juvenile issue, the data collected from Sindh Prisons Inspector Generals office revealed that there were 288 under trial and 15 convicted juvenile prisoners in different jails of the province, and they included Afghanis, Bangladeshis and Indian. SPARCs data estimates that between 2,500 and 3,000 children were in criminal litigation and most of them are on bail grants and facing their trials regularly. The provincial governments had earlier announced that in consultation with the Chief Justices of their High Courts, one or more juvenile courts would be established, while the High Courts may confer powers of the juvenile court on the Court of Sessions or First Class Judicial Magistrate and appoint Presiding Officers of Juvenile Courts with the powers of a first class Judicial Magistrate on terms and conditions as the High Courts may determine. The probation officer will assist the juvenile court by making a report on the childs character, educational, social and moral background. The Juvenile Courts may communicate the substance of the report to the child or his guardian and, where anyone of them disputes the contents or views contained therein, the Juvenile court may give such child or, as the case may be, guardian an opportunity of producing such evidence relevant to the matter. Where a child accused of non-boilable offence is arrested, he would be produced before the Juvenile Court within twenty-four hours. Where on conclusion of an inquiry or trial, the juvenile court finds that a child has committed an offence, then not withstanding anything to the contrary contained in any law for the time being in force, the juvenile court may, if it thinks fit. Meanwhile, the shortage of probation officers along with no female probation officer in the province is conducive for the violation of laws regarding the treatment of female and children juvenile prisoners. Though the Payroll Ordinance 1926 and Probation Ordinance 1960 are being fully implemented, but due to lack of staffers juvenile prisoners have to face a lot of problems. Besides, due to the shortage of probation officers, the Additional Director of the Reclamation & Probation Department has additional charges of Malir district, while the whole directorate of the Reclamation & Probation Department is limited to one room in old KDA building, dealing with the cases of the whole province. Saleem Raza Abbasi, Director Reclamation & Probation (wing) Home Department of Sindh told that there was one probation officer and one payroll officer in Karachi who also have to deal with female juvenile prisoners. He informed that after approval of a summary some 10 posts for probation officers and 13 posts for the payroll officers had recently been advertised in the newspapers of which recruitment would be done through Sindh Public Service Commission. According to the sub section 6 of the section 4 of the JJSO 2000, the juvenile cases should be decided within four months but this is hardly being exercised in Sindh. Moreover, it is quite sad that female probation officers have not been recruited to facilitate female prisoners, and in addition there is not a single female juvenile prisoner in the country. Besides, no uniformity in the application of existing laws in the country is seen as in Khyber Pakhtoonkhwa and Balochi-stan, and the absence of legal framework like Sindh Children Act 1955, Punjab Children Ordinance 1983 and Punjab Youthful Offenders Ordinance 1983, is adding to the miseries of the juvenile prisoners.