Khawaja Wajih-u-Din
I was horrified to see a documentary on the plight of children in Pakistan (reference was made therein to the sexual abuse of kids). The areas around the bus terminals were mentioned to be the most affected ones. Children for as low as Rs.50or 100 and are a victim of sexual abuse at the hands of bus drivers or employees there.
According to the National Commission on the Rights of Child (NCRC) statistics, there are more than 1.5 million street children in Pakistan. Pakistan has been ranked 149th out of 185 countries in the Kid’s Rights Index 2022. The Pakistan Labour Force Survey 2017-18 reported 13.7 per cent of children aged 10-17 years as being engaged in child labour. Of them, around 5.4 per cent were involved in hazardous child labour.
As per NCRC report, Pakistan has 22.8 million children between 5 and 16 years old – world’s second highest number of out-of-school children. Small children either begging or selling some stuff is a routine observation.
Any good psychologist would have existential concerns. The trauma children go through in the streets often leads to precocious (mental) aging. The precocious psychological aging renders many kids harder to mend as they become psychologically inflexible, with very poor ability to handle frustration (hence the growing rage and violence) and then admixed with poverty the tragedy is doubled.
No wonder we see extremism in the society and rapid decline of the wise sentiment. The existence of Behavioral problem including aggression and violence, stealing, begging, scavenging, commercial sex, illicit drug trafficking or substance use is a natural consequence in such eventualities.
Those who have read my last article on the establishment of the child courts, titled” we have a dream “would agree that the experience of creation of child-courts was indeed a step forward. The existence of the child court provided a specialized forum to all the children of the society.
Without prejudice to the above but in addition thereto it may be observed here that more and more use of technology would reduce discretionary powers plaguing the system. Reference is invited to my article titled, “technology and the Justice sector”.
The National Judicial Policy (Making) Committee (NJPMC) having considered all the factors mentioned above, in its meeting dated 24-06-2019 approved the establishment of Child Courts. Government of KPK considering the statutory requirement and to fulfill the international obligations issued notification conferring the jurisdiction of Child Protection Court and Juvenile Justice Court on the Court exclusively established and equipped with digital paraphernalia via which evidence of witness/ victim could be recorded to deal with the cases of Juveniles. Hence the creation of child courts was based on contemporaneous law.
The will to establish a child Justice Regime by all the stake holders very much existed which reflected in the shape of pro children legislation. Effective and smart methodology for reposting cases to the police and Courts was intended envisaging awareness to the parents about the rights of the children in contact with law and in conflict with law. Use of modern technology in trial of children in a well-equipped child court with child responsive atmosphere in all the divisions of KPK was the result.
The original plan was to provide justice to children under one roof. The Child Court exercises jurisdiction in duel spheres under two separate statues, i.e. as a Child Protection Court under the Khyber Pakhtunkhwa Child Protection and Welfare Act and as a Juvenile Court under the Juvenile Justice System Act (JJSA).Instead of going into the technicalities more emphasis should be laid on the welfare of the children by all the stakeholders. This can be done by implementing the law for the benefit of the children. Technicalities should not defeat the ends of justice. The child courts also need to be more proactive in their approach while exercising their jurisdiction. The concept of diversion be taken up with more vigor.
Having said that it is also necessary to amend the child protection Act of 2010, so as to include a comprehensive definition to include child in contact with Law and child in conflict with law being the exclusive domain of the child courts. Amendment in section 2E of the child protection and welfare act 2010 be made where child at risk has been defined. It shall include child in conflict with law and child in contact with law to remove the possible legal objection.
Child courts should be given more powers to act when infringement of child rights is pointed out or is noticed through media. Something like inherent powers of the child-court on the lines of section 151 of the civil procedure code can be done. The child protection act of 2010 can be amended to add such powers.
It is learned that in a few places in the name of equalization of pendency cases and technical interpretations of law, matters have been transferred-in and transferred out of the child court which has reduced the child court from a court of special jurisdiction to a court of ordinary jurisdiction. Be as it may, in KP in accordance with the law of the land every court has been authorized to act as juvenile court including the child courts presiding officer.
The Purpose of Child protection and welfare Act is to provide for the care, protection, maintenance, welfare, training, education, rehabilitation and reintegration of Children at risk in the Khyber Pakhtunkhwa. The primary goals of the juvenile justice system, in addition to maintaining public safety, are skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community. The former is a provincial legislation and the later is a federal legislation. Both are applicable.
It is also noticed with concern that some cruel elements of the society have started using children for serious offenses, knowing about the pro children legislations. This is a very big challenge for the Child courts. It may not be completely eradicated, but it can be curtailed if the man behind the offense is traced out and punished in accordance with law.
In the last about 15 months I conducted a survey. I wanted to know how many people are aware about the existence of the child courts and whether they knew about the duties and functions of the child courts. 10% were aware about the existence of the child-court. However only 5% knew about its functions and duties. This is another challenge is to make people aware of the existence of such courts. In this world of social media, Short clips explaining the law and the function of the court would do the job. The print, electronic and social media can play a very important role in this regard. Printed materials can also be distributed in the streets. Schools are the best places for education in this regard. The child protection unit needs to play its role more proactively.
The child courts are required to be established in every district for the convenience of the children in accordance with the original plan. Child courts seem to be a very good investment in the future generation of the country despite the economic crunch. Edifice can be built on the foundation already laid.
As per the original plan we need to bring all the matters religion to children under one roof. By doing so we would reduce the agony of the kids having to appear in different forums. It would also reduce chances of protracted litigation. Not only we will be able to facilitate the children, at the same time it would also help in adjudication swiftly. By keeping the cases on Foss track we will avoid delay.
It is also necessary to amend law (child protection act civil procedure code and all other enactments like family laws alike) specifying an overriding effect to the cases relating to children to be exclusively dealt with in the child courts. By doing so we will ensure that all the matters relating to children are the exclusive domain of the child courts.
The statistics show that 18,984 live births average per day (791.00 in an hour) in Pakistan. With the ever-increasing population the biggest challenge for the state is to cater for the basics. One of the main domains is the child related justice sector. The figures mentioned above necessitates that special attention be paid to justice for children. Insufficient resources for provision of justice are plaguing our society and threaten the future of millions of children. We also need to implement laws relating to abolition of child labor, forced labor and all the laws for the welfare of the children. If nothing else we can try to provide justice to the children which are our future.
(The writer is Ex-Registrar Peshawar High Court)
