TRYING YOUTH IN PAKISTAN’S CRIMINAL JUSTICE SYSTEM
Predicaments & Way Forward
Written By: Malik Huzaifa Saleem
Juvenile delinquents — children involved in criminal or unlawful activities — require treatment different from adult offenders because of their age, maturity and capacity to understand the consequences of their actions.
The legal concept of Doli Incapax reflects the principle that a child may lack the capacity to form the criminal intent required for an offence.
Juvenile delinquency generally refers to unlawful acts committed by minors and can range from relatively minor offences, such as vandalism, to more serious crimes including theft and violence.
The causes of juvenile delinquency are complex and may arise from individual, family, economic and wider social circumstances.
A juvenile justice system therefore seeks not merely to punish young offenders, but to address the causes of offending, rehabilitate children and reintegrate them into society while protecting public safety.
“The juvenile court is the child’s court. It must act in his best interest.” — Judge Julian Mack
JUVENILE JUSTICE SYSTEMS — THE INTERNATIONAL APPROACH
Developed legal systems have established specialised mechanisms for dealing with young offenders.
In the United Kingdom, for example, juvenile offenders are treated differently from adults through dedicated youth justice institutions and courts.
The Children and Young Persons Act 1933 and the Crime and Disorder Act 1998 form important parts of the legal framework governing young offenders in England and Wales.
The juvenile justice approach gives significant importance to rehabilitation and reintegration rather than relying entirely on imprisonment.
Measures may include:
• Community service
• Reparation
• Supervision by youth offending teams
• Educational assistance
• Employment support
• Psychological and social interventions
The broader objective is to reduce reoffending while helping young people overcome the circumstances that contributed to their involvement in crime.
JUVENILE JUSTICE SYSTEM IN PAKISTAN
Pakistan’s juvenile justice system has faced significant challenges in providing adequate protection and support to minors who come into conflict with the law.
The Juvenile Justice System Act 2018 represented an important legislative step towards providing a specialised framework for young offenders.
However, implementation remains a major challenge.
Among the principal difficulties identified within the system are:
• Lack of specialised juvenile courts in every district
• Insufficient funding for juvenile institutions
• Limited police resources and specialised training
• Inadequate custodial arrangements
• Shortage of separate facilities for juveniles
• Weak rehabilitation mechanisms
• Limited access to legal representation
• Child labour and other forms of exploitation
Reports cited in discussions on juvenile justice have also highlighted problems relating to overcrowding, inadequate access to education and healthcare and allegations of physical and psychological mistreatment in detention facilities.
These shortcomings undermine the basic objective of a juvenile justice system: protecting children while preparing them for successful reintegration into society.
LACK OF LEGAL REPRESENTATION AND REHABILITATION
One of the major weaknesses of the juvenile justice system is insufficient access to proper legal representation.
Young offenders may lack the knowledge, resources and family support required to navigate complicated criminal proceedings.
Without effective legal assistance, children are particularly vulnerable within the justice system.
Rehabilitation also remains inadequate.
A justice system that focuses primarily on detention without addressing education, skills, psychological needs and social reintegration risks pushing young offenders into a recurring cycle of crime and punishment.
An effective juvenile justice framework must therefore view rehabilitation as a central objective rather than an optional intervention.
JUVENILE PROBATION — AN ALTERNATIVE TO PUNISHMENT
Juvenile probation is based on the principle that children who commit offences often require supervision, guidance and rehabilitation rather than incarceration.
The Juvenile Justice System Act 2018 provides a framework for dealing with minors in the criminal justice system, including alternatives to conventional detention.
Under probation, a young offender may remain within the community while being supervised by a probation officer.
The probation officer can provide:
• Guidance
• Supervision
• Behavioural support
• Assistance with education
• Support for social reintegration
• Monitoring to prevent reoffending
When properly implemented, probation can prevent young people from being unnecessarily exposed to prison environments and hardened offenders.
CHALLENGES FACING JUVENILE PROBATION
Despite its potential, Pakistan’s juvenile probation system faces serious practical difficulties.
One of the most important challenges is inadequate funding.
Limited financial resources restrict the ability of probation departments to provide proper supervision and support to young offenders.
Another major problem is the shortage of trained and qualified probation officers.
Without specialised expertise, effective supervision and rehabilitation become difficult.
Social attitudes also create barriers.
Young offenders are sometimes viewed as permanently criminal rather than as children capable of rehabilitation and reform.
Such attitudes can hinder reintegration into families, educational institutions and communities.
A successful probation system therefore requires both institutional reform and a broader change in society’s perception of juvenile offenders.
WAY FORWARD — REFORMING PAKISTAN’S JUVENILE JUSTICE SYSTEM
Improving Pakistan’s juvenile justice system requires a comprehensive approach that addresses legal, institutional, administrative and social deficiencies.
1. ADEQUATE FUNDING AND INFRASTRUCTURE
The government should allocate sufficient financial resources to improve juvenile detention facilities and institutions.
Young offenders must have access to:
• Safe accommodation
• Clean water
• Proper food
• Healthcare
• Education
• Recreation
• Separate facilities from adult prisoners
Improved infrastructure is essential to protect the dignity and welfare of children in conflict with the law.
2. ENSURING LEGAL REPRESENTATION
Every juvenile should have access to effective legal representation.
The state should ensure that children receive legal assistance from lawyers trained specifically in juvenile justice.
Specialised legal representation can help protect procedural rights and ensure fair trials.
3. STRENGTHENING REHABILITATION PROGRAMS
Rehabilitation must become a central pillar of juvenile justice.
Juvenile facilities should provide:
• Formal education
• Vocational training
• Mental health services
• Psychological counselling
• Behavioural support
• Life-skills development
These measures can help young offenders successfully return to society and reduce the risk of reoffending.
4. IMPROVING POLICE TRAINING
Police officers and personnel working with juveniles should receive specialised training.
Training should cover:
• Child psychology
• Juvenile rights
• Human rights standards
• Appropriate interrogation procedures
• Protection from abuse
• Rehabilitation-focused approaches
Better-trained personnel can significantly reduce mistreatment and improve the experience of juveniles within the justice system.
5. ADOPTING ALTERNATIVES TO DETENTION
Detention should not automatically be the first response to minor offences.
Alternative measures may include:
• Community service
• Probation
• Diversion
• Counselling
• Supervised rehabilitation
• Restorative measures
Such alternatives can prevent minors from unnecessarily entering prison environments and becoming trapped in cycles of criminalisation.
6. PUBLIC AWARENESS CAMPAIGNS
The government and civil society should increase awareness about juvenile rights and the purpose of juvenile justice.
Public campaigns can help challenge the stigma attached to young offenders and encourage communities to support rehabilitation and reintegration.
Society must understand that juvenile justice is not simply about punishment; it is also about giving young people an opportunity to rebuild their lives.
7. MONITORING AND ACCOUNTABILITY
Effective reforms require continuous monitoring.
Independent mechanisms should regularly inspect juvenile detention facilities and assess whether legal protections are being implemented.
Monitoring should examine:
• Detention conditions
• Treatment of juveniles
• Availability of legal representation
• Access to education
• Healthcare facilities
• Rehabilitation programs
• Complaints of abuse
Accountability mechanisms are essential to ensure that legal reforms translate into real improvements.
CONCLUSION
Pakistan’s juvenile justice system continues to face serious challenges.
Legislation alone cannot transform the system unless it is supported by effective implementation, adequate resources, specialised institutions and trained personnel.
The emphasis of juvenile justice should remain on rehabilitation, protection and reintegration.
Young offenders should be given opportunities to acquire education, vocational skills and psychological support so that they can return to society as productive citizens.
Government institutions, courts, police, lawyers, families and society all have a role to play in building a fair and effective juvenile justice system.
Protecting and rehabilitating young offenders is not merely a matter of criminal justice; it is an investment in Pakistan’s future.
Alas! in this system, the law is stacked,
And the chances for justice oftentimes lack;
But still, there’s a glimmer of hope in the night,
That justice will shine and make things right.
