Special courts for children

In an important step towards protecting rights of children who come into conflict with the law, the country's first ever juvenile court has been established at the Judicial Complex in Lahore. A pilot project, it is to be extended to other areas following its successful implementation and appraisal. The concept though is not new. In many other countries, juveniles are treated separately from adult offenders as they are not always aware of the implications of their actions and also lack the ability to defend themselves. Inaugurating the facility, Lahore High Court Chief Justice Mansoor Ali Shah aptly observed that "the purpose of establishing the special court is to protect innocent children from negative impacts of litigation before traditional courts." The purpose, of course, should also be not to punish children who break the law but to reform them through rehabilitation programmes.
Juvenile courts are expected to handle cases involving neglected and abused children as well. There have been at least a dozen reported cases wherein young persons working as domestic help were regularly beaten and tortured, and in a couple of instances even lost their lives. Since such children belong to the poor and the powerless families, like the 10-year-old child-maid Tayyaba who sustained serious injuries from beatings and burning, access for them to regular courts is both a difficult and lengthy process. They are afraid, too, to tell their stories. In an attempt to put such children at ease, students from Punjab University's psychology department are to provide a counseling service at the juvenile court. Though well-intentioned, it can easily become an experimental lab for students rather than a serious attempt to help. It would make better sense to appoint duly qualified professionals to do that job.
As welcome as the establishment of the new special court is, it may be recalled that the Juvenile Justice System Ordinance, 2000, among other things, had envisioned setting up of child courts. The first step in that direction has taken 17 long years in coming. Meanwhile, in grave miscarriage of justice several young persons were awarded death sentence. Hopefully, that abhorrent practice will now come to a stop. A lot of work still needs to be done, though. The first juvenile court has been established without laying down the rules of procedure, which will only create unavoidable hurdles in the legal process. That is of serious concern to legal practitioners, who point to similar lacunae in the Protection of Women against Violence Act, causing problems. It is imperative therefore that necessary amendment to the relevant law is made sooner rather than later, safeguarding the interests of children who either break the law or are victims of abuse or abandonment.