As per its legal mandate, the LAJA should be visiting jails and developing policies to
provide redress and support to the desperate and needy.
As it stands today, the Legal Aid & Justice Authority is largely non-operational due
to lack of staff and officials.
Furthermore, Rules-mandated under Sec 23 of the Act, have not been finalized.
LAJA may be requested to inform on the number of cases where it has provided
legal aid and relief under this Act and the number of jail visits and reports that it has
undertaken over the last two years. On NCHR visit to Rawalpindi Central Jail, it was
noted that out the 79 under-trial juvenile prisoners, some 29 or 36% had no access
to legal aid which is in clear contravention of Sec 3 of the Juvenile Justice Act 2018
and the mandate of LAJA as provided in its law.
6. Improve Juvenile Justice
The Juvenile Justice Act 2018 provides for the concept of
diversion as an alternate process for socio-psychological
rehabilitation of juvenile delinquents without resorting to prison
incarceration.
It is through the process of diversion that juvenile offenders are sent to a
Rehabilitation Center for their training and psychological development. To date no
Rehabilitation Center has been set up as per the requirement of the law and children
are simply housed in separate wards within jail premises.
Furthermore, under the Act, Rules are to be framed. However, draft Rules forwarded
by Ministry of Human Rights are pending with Ministry of Interior. Additionally, NCHR
has learnt that while Juvenile Justice committee have been established in Sindh and
some divisions in KP and Punjab, no Committee has been notified in ICT. NCHR
wrote to MoHR on 10.10.2022 to inquire about status of JJSA 2018 but no
comprehensive information has been received.
Ministry of Interior & the Ministry of Law & Justice may inform on
the status of implementation of the above Act.
Due to lack of implementation of the Juvenile Justice Act 2018, the situation of
juveniles at Adiala is quite alarming.
Of the total number of 82 juvenile prisoners, some 79 children or
96% are under-trial.
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