Prof. Dr. Taieb
Pakistan’s Juvenile Justice System Act (JJSA) 2018 was enacted to transform the country’s juvenile justice system from a punitive model into one centered on rehabilitation, reintegration, and the protection of children’s rights. The law introduced comprehensive safeguards for children in conflict with the law, assigning clear responsibilities to the police, courts, prisons, and probation services. However, nearly eight years after its enactment, the gap between the law and its implementation remains substantial.
The police, as the first point of contact for juvenile offenders, frequently fail to comply with the safeguards provided under the Act. Parents are often not informed of their child’s arrest, juveniles are commonly detained alongside adult offenders, and investigations rarely involve probation or social welfare officers. Age determination procedures are inconsistently applied, while many children accused of bailable offences are denied release. These shortcomings are compounded by inadequate infrastructure, limited knowledge of the Act among police personnel, excessive workloads, and political interference.
The judiciary also faces significant implementation challenges. Dedicated juvenile courts remain scarce, resulting in juvenile cases being heard alongside adult criminal cases. Courts seldom request Social Investigation Reports, despite their importance in understanding a child’s social and family circumstances before sentencing. Coordination between judges, police, and probation officers remains weak, limiting individualized rehabilitation. State-funded legal assistance is often unavailable or provided by inexperienced lawyers because of inadequate remuneration and delayed payments.
Conditions within prisons further undermine the objectives of the Act. Many detention facilities lack educational programs, psychological counselling, vocational training, recreational opportunities, and adequate healthcare. In several prisons, juveniles continue to interact with adult prisoners despite legal requirements for complete separation. Reports of corporal punishment, inadequate supervision, poor living conditions, and limited rehabilitation services raise serious concerns about compliance with both national law and international child rights standards.
Probation services, which should serve as the backbone of rehabilitation, remain largely marginalized. Probation officers are rarely informed of juvenile arrests, are seldom asked to prepare Social Investigation Reports, and have limited involvement in court proceedings. Staff shortages, inadequate transport, insufficient resources, and weak institutional coordination significantly reduce their effectiveness. Consequently, rehabilitation through probation remains the exception rather than the norm.
These shortcomings demonstrate that Pakistan’s challenge is no longer the absence of an appropriate legal framework but rather the ineffective implementation of an otherwise progressive law.
Addressing these barriers requires comprehensive institutional reforms. Police officers should receive mandatory training in juvenile justice, and every police station should establish separate facilities for juveniles. Independent oversight mechanisms are needed to reduce political interference and strengthen accountability.
The judiciary should establish dedicated juvenile courts throughout the country, ensure the routine preparation of Social Investigation Reports, strengthen Juvenile Justice Committees, and improve coordination with probation services. Legal aid should be adequately funded to attract experienced lawyers capable of safeguarding children’s rights.
Prison reforms should prioritize the establishment of specialized juvenile rehabilitation centres equipped with classrooms, counselling facilities, vocational workshops, recreational spaces, qualified psychologists, teachers, healthcare professionals, and social workers. Strict separation between juvenile and adult offenders must be enforced without exception.
Finally, probation services require substantial strengthening through increased staffing, adequate transport, improved office facilities, and mandatory participation in investigations and court proceedings. Community-based rehabilitation and probation should become the preferred response for eligible juvenile offenders.
The Juvenile Justice System Act 2018 provides Pakistan with a strong legal foundation for protecting children in conflict with the law. Its success, however, depends not on legislative intent alone but on the commitment of state institutions to implement its provisions faithfully. Unless implementation barriers are removed, the promise of rehabilitation, reintegration, and justice for Pakistan’s children will remain unfulfilled.
