Mr. Fasihuddin is the founder of Pakistan Society of Criminology and Editor-in-Chief of Pakistan Journal of Criminology. He is MBBS, LLB and MA in Political Science with Gold Medal. He is a senior officer of Police Service of Pakistan (PSP) and the author of ‘Expanding Criminology to Pakistan’. He presented his field experiences in many international conferences and seminars and visited many countries including USA, UK, Canada, Germany, Italy, Norway, Sweden, Denmark, Turkey, Thailand, Nepal, China and Japan. A number of his papers are published internationally. He is widely known in the international community of criminologists and is committed to bring criminology to Pakistan as an established and independent discipline.

QUESTION. - Can you please provide us a short description of the main activities and objectives of the Pakistan Society of Criminology (PSC)?

ANSWER. - The aims and objectives of the Society are to create a multi-disciplinary forum to serve the nation through earnest efforts of dissemination of criminological knowledge and field experiences and on the basis of such scholarly and scientific discourses and exchange of knowledge, suggest to the relevant Government organization and legislators the corrective and preventive measures to curb crime and delinquency. The knowledge workers of the Society will honestly assess the criminal tendency in different socio-economic groups of the community and determine value-free, nonpartisan and workable intervention tools, methods and techniques. The Society has a high expectation of support from all law enforcement people and academics, thus bringing practitioners and researchers to a consensus and mutual understanding on certain vital issues. The gap between theory and practice has to be addressed in particular.
The PSC has taken lead to manifest its above goals by publishing the first of its kind Journal i.e. Pakistan Journal of Criminology. Besides this it has set up a think tank by the name of Juvenile Justice Working Group to provide policy input to the provincial government for the promotion and protection of the rights of the juveniles coming in conflict the law.

Q. - In which context and for what reasons have the new Pakistan Journal of Criminology (PJC) originated? Which are its aims and the main issues dealt with?

A. – Pakistan had no journal of international academic repute on criminological literature and research on crimes and criminal justice. Pakistan is still behind the target of having criminology as an academic discipline in its educational institutions. Rarely, we find any empirical research. Also, there is a gap between practitioners and researchers and between law-enforcement officials and the civil society, so the PJC is launched in this context and it has published four issues so far, including one on juvenile justice and child abuse. PJC is welcomed in the academic circles and law-enforcement fraternity.

Q. - Which is the current situation of crime against children? Do you have data on child abuse and juvenile offenders?

A. – Police Department in cooperation with Save the Children Sweden and UNIFEM and Pakistan Society of Criminology has introduced Registers 26-A and 27-A for collating real time data from the police record in NWFP, for this purpose. The local police of NWFP have been trained on this new data collection system. The report of data analysis on juvenile justice indicators system is under the process of printing. The NWFP new data system has been taken by another province, i.e; Baluchistan through and after the approval of the National Police Bureau. Its an innovative idea of the PSC and a long-awaited problem of data on violence/crimes against children and juvenile offenders is now addressed in a methodical and comprehensive way.

Q. - What was the situation of juveniles in conflict with the law before the Juvenile Justice System Ordinance and which are the main provisions of the Juvenile Justice System Ordinance, 2000?

A. - Prior to the introduction of the Juvenile Justice System Ordinance 2000, several laws were prevalent in Pakistan that pertained to the rights and welfare of children. The difficulty has been that there was no law that had uniform applicability across the four provinces of Pakistan. The law which governed children in the Province of Sindh was (and still has applicability) the Sindh Children Act 1955; in the Province of Punjab, the Punjab Children Ordinance 1983 and the Punjab Youthful Offenders Ordinance 1983 provided a legal framework. Sadly, no laws existed in the Province of NWFP and Balochistan. One of the highlights of the JJSO 2000 is that it was made applicable to the whole of Pakistan.

Salient Features of the JJSO2000:

Legal Assistance: Every child who is accused of the commission of an offence or is a victim of an offence shall have the right of legal assistance at the expense of the State.
Juvenile Courts: The Provincial Governments shall, in consultation with the Chief Justice of the High Court establish one or more juvenile courts for any local area within its jurisdiction. The High Court may confer powers of the juvenile court on the Court of Sessions or Judicial Magistrate of the First Class and appoint, from amongst practicing advocates having at least seven years standing at the Bar, Presiding Officers of Juvenile Courts with the powers of a Judicial Magistrate of the First Class for the purpose of this Ordinance, on such terms and conditions as the High Court may determine. The juvenile court shall have the exclusive jurisdiction to try cases in which a child is accused of commission of an offence.
Joint Trials: No joint trial of a child and adult person,
Prohibition to public proceedings of cases: Unless the Juvenile Court specifically authorizes, the Court proceedings shall be published in any newspapers, magazine or journal in any form which may disclose the name, address, school or any identification or particulars calculated to lead directly or indirectly to the identification of such child nor shall any picture of the child be published.
Probation Officer: The Probation Officer shall assist the Juvenile Court by making a report on the child’s character, educational, social and moral background. The Juvenile Court may, if so thinks fit, communicate the substance of the report to the child or his guardian and, where anyone of them disputes the contents or views contained therein, the Juvenile court may give such child or, as the case may be, guardian an opportunity of producing such evidence as may be relevant to the matter stated in the report.
Arrest and bail: Where a child is arrested for commission of an offence, the officer in-charge of the police station in which the child is detained shall, as soon as may be, inform:
(a) the guardian of the child, if he can be found, of such arrest and inform him of the time, date and name of the Juvenile Court before which the child shall be produced; and
(b) the concerned Probation Officer to enable him to obtain such information about the child and other material circumstances which may be of assistance to the juvenile Court for making inquiry.

Where a child accused of non-bail able offence is arrested, he shall, without any delay and in no case later than twenty-four hours from such arrest, be produced before the Juvenile Court.

Release on Probation: Where on conclusion of an inquiry or trial, the Juvenile Court finds that a child has committed an offence, then not withstanding anything to the contrary contained in any law for the time being in force, the Juvenile Court may, if it thinks fit:
(a) Direct the child offender to be released on probation for good conduct and place such child under the case of guardian or any suitable person executing a bond with or without surety as the court may require, for the good behavior and wellbeing of the child for any period not exceeding the period of imprisonment awarded to such child:
Provided that the child released on probation be produced before the Juvenile Court periodically on such dates and time as it may direct.
(b) Make an order directing the child offender to be sent to a borstal institution until he attains the age of eighteen years or for the period of imprisonment whichever is earlier.
(c) Reduce the period of imprisonment or probation in the case where the Court is satisfied that further imprisonment or probation shall be unnecessary.
Orders that shall not be passed with respect to a child: Notwithstanding anything to the contrary contained in any law for the time being in force no child shall be: -
(a) Awarded punishment of death, or ordered to labor during the time spent in any borstal or such other institution; and
(b) Handcuffed, put in fetters or given any corporal punishment at any time which is custody;
Provided that where there is reasonable apprehension of the escape of the child from custody, he may be handcuffed.
Appeal: A child convicted on a trial by a Juvenile Court, or any other person on his behalf, may, within thirty days from the date of such order, prefer an appeal in accordance with the provisions of the Code.
The Provisional Government or any person aggrieved by an order or acquittal passed by a Juvenile Court, may within thirty days prefer an appeal against such order in accordance with the provisions of section 417 of the Code.

Q. - Could you explain the main features of the Pakistan juvenile justice system? How would you evaluate it?

A. - The JJSO was promulgated on 1 July 2000 and focuses on the child in the criminal justice process. It defines the child in line with international standards as a person below 18 years of age; provides for the establishment of special juvenile courts exclusively to try juveniles under special procedures suitable for children; regulates the arrest of children by police as well as bail and probation; provides for the appointments of special panels of lawyers to assist children free of charge in court; and prohibits the death penalty and the use of fetters and handcuffs for children. However, despite the new law of JJSO, we don’t have a fully established and independent system of juvenile justice. Much reforms, training, assistance and resources are needed for a viable and meaningful juvenile justice system.
One of the highlights of the JJSO 2000 is that it was made applicable to the whole of Pakistan. All four provinces as well as the Islamabad Capital Territory (ICT) Administration had notified rules for implementation of JJSO by 2002. The AJK has promulgated the Juvenile Justice System Act 2003. The JJSO has been extended to FATA, PATA and Northern Areas through notification, but astonishingly no infrastructure exists in FATA for its implementation.
The Ordinance does not provide for establishment of industrial schools, certified schools, remand homes and other institutions, societies and voluntary associations who need to be admitted in such institutions for various reasons. No measure for the care and protection of destitute and neglected children are indicated in the Ordinance. There is no mention of special offences in respect of children as required under Part VI of the Sindh Children Act, 1955, neither there are any provisions for detention of children and youthful offenders and for maintenance and treatment of committed children.

Q. - Does the Pakistan legislation provide regulation for diversion measures and restorative justice?

A – There is no regulation as such at the moment which provides for diversion of the children coming in conflict with the law. However, legal framework for restorative justice can be found in the relevant laws (or particular provisions) dealing with the ADR are summarised as under:

1. S.89-A of the Civil Procedure Code, 1908 (as amended in 2002) read with Order X Rule 1-A (deals with alternative dispute resolution methods).
2. The Small Claims and Minor Offences Courts Ordinanace, 2002.
3. Sections 102-106 of the Local Government Ordinance, 2001.
4. Sections 10 and 12 of the Family Courts Act, 1964.
5. Chapter XXII of the Code of Criminal Procedure, 1898 (summary trial provisions).
6. The Arbitration Act, 1940.
7. Articles 153-154 of the Constitution of Pakistan, 1973 (Council of Common Interest)
8. Article 156 of the Constitution of Pakistan, 1973 (National Economic Council)
9. Article 160 of the Constitution of Pakistan, 1973 (National Finance Commission)
10. Article 184 of the Constitution of Pakistan, 1973 (Original Jurisdiction when federal or provincial governments are at dispute with one another).
Besides this the Police Musalihati (Reconciliation) Committees have been formed at the police stations level in some provinces to settle disputes at the local level but have seldom been used for diverting children coming in conflict with the law or for restorative justice purpose for the children. Also, the Local Government Department has established Musalihat Anjuman (Reconciliation Councils) in some parts of the country with the help of UNDP, but I am not satisfied with both these initiatives as, at times, they overstrip their legal authority and deal with serious organized crimes which is not their mandate and also I am not satisfied with their performance on account of the outcome of the hugely funded projects.

Q. - The Society for Protection of the Rights of the Child (SPARC) asked for “exclusive” juvenile courts. Have been step ahead by the Pakistan legal order on this important issue?

A. – The Provincial Governments have further established Juvenile Courts by vesting powers to the Courts of Sessions Judges at the District level and in some districts to First Class Magistrates – but no exclusive juvenile courts are established todate as envisaged in the JJSO 2000 and its Rules. NGOs often demand duch things in their statements but rarely they have done any tangible work for it.

Q. - Which are the purposes and the activities of the Juvenile Justice Working Group?

A. – The main objectives of the Establishment of the Juvenile Justice Working Group (JJWG) are:
The protection of children who do come into conflict with the law and measures to reduce re-offending.
The legal changes needed to ensure that anti-social behavior is dealt with by social agencies rather than the criminal justice system in order to limit the process of criminalization.
Lead to the initiation of new rehabilitation facilities and improve the workings and condition of existing facilities for children during their detention and post-detention period.
Secure the release of the maximum number of juvenile prisoners.
Improve the quality of interaction between children in conflict with the law and relevant authorities, parole and social welfare officers, etc.
Improve the condition of the juvenile cells and the Borstal Jails.
Raise awareness regarding the plight of children in conflict with law and their needs.
Create greater awareness about the issue of juvenile justice system.
Improve the legal regime governing the state of juvenile prisoners in the country.
Child participation and gender awareness in programmes to reform the juvenile justice system.
Improving the understanding of the general public regarding young offenders and
increasing commitment towards finding longer term solutions.

Q. - What psychological, mental help resources are available for youths with such needs in Pakistan (meaning minors living with augmented risk factors and actual offenders as well)? Are there officially any specific units for this target group?

A. – Although the Juvenile Justice Rules specifically makes a mention of Psychological development of juveniles, “All possible steps shall be taken to improve the mental calibre of the juveniles and in this connection, their natural instincts and skills shall be [identified], developed and promoted”. The prison department in practice has no inkling about the role of a psychologist, as they confused the role of a psychologist with a psychiatrist. There can be no reformation/rehabilitation of a juvenile offender without the help of a psychologist. There is only one example of a psychologist working in the Haripur Prison for the rehabilitation of juvenile convicted prisoners for the last 10 years on a project of Ministry of Law, Justice and Human Rights in NWFP.

Q. - A recent UN report said that 80 per cent of the suicide bombers involved in attacks in Afghanistan come from camps in Pakistan . How does Pakistan face this serious phenomenon which involves children’s life?

A. – The militants have resorted to recruiting teen age boys for carrying out suicide attacks. The laws in Pakistan are not yet fully geared to cater to this new phenomenon. Most of these suicide bombers are either kidnapped or duped into these acts by brainwashing them to carry out these dastardly acts. This recruitment, transportation and exploitation of children is not covered or codified in law specifically. However, different provisions of the Constitution of Pakistan including the right to life and other provisions of the Pakistan Penal Code do cover it in piecemeal. It’s a question mark as to how the arrested perpetrators of these crimes are dealt with under the law and how charges are pressed against them specifically addressing the issue of children’s life and their exploitation by the militants. Pakistan is committed to the war on terror, but its capacity is too limited to address this issue in a comprehensive and meaningful way. Even the international bodies and INGOs working in Pakistan have not done anything tangible on child soldiers so far.

Q. - Child abuse, both physical and sexual, is another serious problem in Pakistan. Which is the current situation? Why is the situation so hard and how does Pakistan fight this phenomenon?

A. – Hitting children breaches human rights, in particular, to respect for every person’s human dignity and physical integrity, and to equal protection under the law, upheld in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights. The UN Convention on the Rights of the Child (UNCRC) explicitly protects children from all forms of physical violence (Article 19) and from inhuman and degrading treatment or punishment (Article 37). It requires school discipline to be “consistent with the child’s human dignity and in conformity with the present Convention” (Article 28.2). In view of the damage that corporal punishment can do to children’s attendance and learning experience, it can also breach Article 28, which stipulates children’s right to receive primary education (Article 28.1.a) and requires States to take measures to encourage regular attendance at school and reduce drop-out rates (Article 28.1.e).
The General Principles of the CRC, which also inform this position, provide that in all actions concerning children the best interests of the child should be a primary consideration (Article3); the inherent right of every child to life and to survival and development (Article 6); the right to non discrimination (Article 2) and the right of children to express their views freely in all matters affecting them and these views be given due weight (Article 12).
Corporal punishment is one of the reasons behind growing dropout in our schools. Every year 35000 children are dropped out of schools in Pakistan and almost 50 percent of them leave school due to corporal punishment. Similarly corporal punishment for disciplining the juveniles in the prisons goes un-noticed. Juveniles prisoners are still subjected to harsh punishments like solitary confinement and beatings of different forms as they are dealt by under the Jail Manual and not under the Borstal Act, which unfortunately is not used where it exists. Children remain prone to sexual abuse and other exloitations in the prisons as there is no dedicated rehabiltation facility for children coming in conflict with the law in the whole of Pakistan. There are no half way houses or pre-trial detetion centres in Pakistan, and as a consequence are sent to the adult jails for judicial confinement in violation of the JJSO 2000. The Government of Pakistan is legally obligated by ratifying the UN Convention on the Rights of the Child to to stop this and improve and amend the laws and ensure its enforcement.

There are certain social, cultural, administrative and religious taboos or misinterpretations that often lead to various forms of child abuse. Some NGOs are doing good job in this respect. Situation may become better after we get the new child protection law and policy. Moreover, awareness in the public, training of law officials and police, and research and data collection will help reduce the menace of child abuse a lot.