Ahsin Ismail
THE State has already been struggling with the Juvenile Legislation and its practical application so it has become difficult for the Government to have control over such crimes. Moreover, it’s not only about prevention of the crime rate but also there is a burden of responsibility on the State to justify the punishment according to the act committed and the age barrier of the person committing.
The State has enacted the legislation which prohibits the capital punishment against Juvenile Offenders-person who commits a crime before turning 18 years. But question arises as to the control of the violent behaviour in the minors. The Sociologists and the Psychologist accuse the family environment of inadequate, and the negative influence of peers to turn innocent people’s thinking into the criminal thinking. This hypersensitivity cannot be under the control of the Government unless the issues like poverty, illiteracy and inequality are not catered. These are the things that are not under the control of the minors but they have to suffer as a result of this and things get more complicated when it comes to capital punishment. The video games, TV programs are the most accessible instruments in the learning of the minors that is the main factor PTA receives numerous complaints against them.
PUBG was hype in the last few months because this led to the reported cases of suicide among children and the violent behaviour, the learning of the weapon usage which was a threat to others. In Pakistan, Juvenile offenders are given the death penalty which is against the international obligations. The international pressure builds up in the form of the United Nations Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of Children (CRC).
Though Pakistan has enacted the Juvenile Justice System Ordinance (JJSO) to bring its Criminal Justice System in conformity prohibiting the death penalty against Juveniles, yet the loopholes of the system have created more of a chaos than a benefit to the minors. For the separate Courts and the Fair Trial Juvenile Justice System Act was framed but it has failed to provide the separate institutions with no Legal Aid. There are no provisions and guidelines. There has been no proper consensus as to the exact age of the Juveniles – between Age 7-12 lies responsible if he/she realizes what has been committed else up till Age 12 falls under the category of Juveniles.
But under the Hudood Ordinance Juveniles were sentenced to capital punishment even of the age 12 because it establishes separate age of maturity for men and women i.e. 16 for females and 18 for males. To prevent the Juvenile delinquent from the death, Criminal Justice System must comply with the international rules and regulations and must be practically implemented as stated in Legislation though it does not have a retrospective effect so the penalty could not be avoided earlier but the future could be controlled.
—The writer is freelance columnist, based in Lahore.
