Examining the Structural and Operational Shortfalls in Pakistan's Juvenile Justice System Act (JJSA) 2018 in Comparison to UNCRC

Abstract

The existing situation in Pakistan's juvenile justice system (JJS) is characterized by a significant gap between the progressive statutory framework and the existing capacity to implement it. Although the Juvenile Justice System Act (JJSA) 2018 was passed to harmonize the domestic legislation in Pakistan with international restorative standards, its effective implementation is poor. This study presents analytical research of the JJS and its historical evolution, existing structural issues, and adherence to the United Nations Convention on the Rights of the Child (UNCRC). Critical findings demonstrate widespread shortcomings, with the most serious being the lack of proper rehabilitation infrastructure, an area that 90% of the judges interviewed indicated as the major challenge to proper sentencing. Such a lack of resources pushes the system to use the old prisons to the detriment of the very essence of the JJSA of separation and reform. More importantly, although 100% of the juvenile inmates stated they have received legal help and educational opportunities, only 40% felt their personal development had been impacted positively, which is a major qualitative failure in delivering programs. Moreover, 70% of the legal professionals admitted that there was a general inefficiency in the application of the protective provisions of the Act.

The recommendations refer to short-term legal and budgetary changes, compulsory development of special juvenile facilities, and the introduction of systems of constant qualitative control and professional training of all agencies. The research will aim to develop principles and guidelines to improve the treatment and reintegration of juvenile offenders, thus forming a safer and fairer society.