LHC sets rules for juvenile safety

Lahore High Court (LHC) Justice Ali Zia Bajwa has directed the government to establish observation homes to provide safe shelter for juveniles in every district.

Instructing the government to ensure prompt implementation of the Juvenile Act in a judgment, Justice Bajwa issued eight directives, observing that the physical separation of juveniles from adult offenders in detention facilities is non-negotiable, with separate lockups and detention centres for young offenders. Justice Bajwa disposed of a plea seeking recovery of a detained juvenile, Ghulam Murtaza.

The judge observed that reports submitted by the state functionaries concerned had revealed a disheartening situation. No serious effort was made to implement the Juvenile Act. Such inaction on the part of state functionaries suggests that the government is dragging its feet on a beneficial piece of legislation. The Juvenile Act, like many other laws, remained merely on paper, with its noble intentions never translating into meaningful action, he observed.

The court declared that the government must take immediate and decisive steps to implement the Juvenile Act to the fullest extent and meaning without further delay. It is imperative that no further time is wasted in bringing the protections and reforms of this vital legislation to fruition. For the greater good of the youth, it must be ensured that the commitments of the law are swiftly and fully realised.

It directed the provincial police chief to ensure that a juvenile offender shall be interrogated only by a police officer of a rank not below sub-inspector.

The interrogation should be carried out under the supervision of a superintendent of police (SP) or a sub-divisional police officer (SDPO). The investigating officer shall be assisted by a probation or social welfare officer notified by the government.

As per the directives, the Punjab prosecutor general must also ensure strict compliance with the Juvenile Act. It is incumbent upon the prosecutors to promptly identify and address any investigation conducted in violation of this law at the earliest possible stage. By doing so, they safeguard the integrity of the legal process and uphold the rights and protections afforded to juveniles under the legislation.

The judge declared that it was essential to always opt for focusing on rehabilitation over punishment, reducing recidivism, minimising stigma, improving efficiency in the justice system and prioritising the best interests and well-being of the juvenile offenders. The investigating agency, the prosecution and trial courts shall refer cases to the Juvenile Justice Committees for disposal through diversion in the prescribed manner.

The prosecution and investigating agency must maintain close and effective liaison to guarantee that juvenile offenders are treated in full accordance with the provisions of the act.

The law and justice division, in consultation with the sessions judges, shall bring forth the Juvenile Justice Committees without delay to ensure effective implementation of act.

The court declared that the prosecutors and investigating officers must be thoroughly versed in the provisions and their applications within the Juvenile Act. It is advisable to hold training sessions for them in collaboration with the prosecution and police departments.

Justice Bajwa observed that the effective implementation of act required a multi-faceted approach involving all stakeholders. "By adhering to the provision of this act, we can ensure a criminal justice system that is fair, humane and geared towards the rehabilitation of juvenile offenders," he observed.