Unacceptably low criminal responsibility age in Pakistan

Legal system, law-enforcement should go after those compelling kids to undertake illegal acts, than punish children.


Syed Mohammad Ali December 24, 2012
The writer is a development consultant and a PhD student at the University of Melbourne syed.ali@tribune.com.pk

Children represent one of the most vulnerable groups in any society. The case of Pakistan is no exception. Some specific measures have been taken in recent years to try and address the numerous problems confronting vulnerable children within our country, including those in trouble with the law. However, these measures still leave much to be desired.

By international standards, Pakistan still has one of the lowest age thresholds for criminal responsibility. A child can be held responsible for crime according to our national laws at the mere age of seven years. A Juvenile Justice System Ordinance (JJSO) was promulgated in 2000 but the JJSO is not a very comprehensive law and it remains silent on several important issues, including the minimum age of criminal responsibility.

The Protection of Children Bill was also formulated in 2006 which proposed that the age of criminal responsibility be set at 12 years of age. This Bill, however, has not yet been able to secure Cabinet approval. Legal action can thus be taken against much younger children on the basis of the Pakistan Penal Code (PPC), which was put in place by the colonial government in 1860 and still remains in effect.

The Interior Ministry and the Ministry of Law do not seem to realise that the very young age of criminal responsibility prescribed by the PPC is actually in breach of fundamental child rights. Instead, the Pakistani Ministry of Interior seems keen to retain this age level claiming that children in Pakistan grow up faster than children elsewhere because of the country’s hot climate and spicy food. This sort of argument has no scientific basis, nor is it supported by any professional body of opinion.

Unfortunately, civil society in Pakistan has not pursued this issue seriously enough to compel the Pakistan government to rectify existing laws to prevent very young children from being subjected to criminal prosecution. Pakistan ratified the United Nations Convention on the Rights of the Child in 1990 which requires it to ensure that children who have infringed the penal code of conduct must be treated in a manner which prevents their abuse in detention, and minimises their chances of becoming hardened criminals by taking proactive steps to ensure their reintegration into society. Yet, instead of making more concerted efforts to ensure that children in trouble with the law are provided the special attention that they need, our authorities seem adamant to maintain their strict attitude towards punishing children involved in crime, even if they are evidently being exploited by others to engage in varied forms of criminal activities.

While it is debatable if adolescents can be held responsible for different types of antisocial behaviour on the basis of their individual discernment and understanding, it is hard to argue that a seven-year-old child has this capacity.

Pakistani law-enforcement agencies, however, have argued that lowering the age of criminal responsibility will have an adverse impact on a range of crimes, including terrorist activities, as this will encourage using children to carry out more illegal activities due to the absence of the threat of punishment. This, too, is a very weak argument. If a child under the age of 12 commits a crime like theft or becomes embroiled in even more destructive activities such as suicide bombing, it is not the fear of legal prosecution which can prevent such occurrences. More stringent prosecution and punishment of those who are responsible for exploiting children in such a manner can, however, prove a much more effective deterrent.

Our legal system and law-enforcement mechanism should focus on going after those who compel children to undertake illegal activities, rather than continuing to punish vulnerable under-aged children who have not yet even developed the capacity to distinguish right from wrong.

Published in The Express Tribune, December 25th, 2012.

COMMENTS (1)

Dr Irshad Danish | 11 years ago | Reply

Minimum age of criminal responsibility in Pakistan is 7 years. Despite consisting demands by Child Rights Movement Pakistan to increase minimum age of criminal responsibility, government's response is apathetic.

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