Child, crime and charity
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The greater part of the Juvenile Justice System Act, 2018, which repealed the Juvenile Justice System Ordinance, 2000, deals with the reintegration of the child offenders in society instead of shunning them as an outcaste. Philanthropy can prove helpful in achieving this goal of juvenile justice as demonstrated in the work of Lucy Flower and Julia Lathrop.
Lucy Flower was a renowned American children rights activist who moved to Chicago in 1873, and was instrumental in creation of the juvenile court, along with Julia Lathrop. Their friendship set the stage for a close collaboration between Chicago's philanthropists and the evolving juvenile justice system.
Charity and philanthropy can prove helpful in lessening government's burden in this regard, and can operate in many forms, from the time when children are imprisoned, to when they are out, after being acquitted or completing their sentence; or being released on bail, probation or parole.
The Sindh government established its first juvenile court in Karachi in 1993, under the Sindh High Court's directions in a constitutional petition filed by advocate Zia Ahmed Awan of Lawyers for Human Rights and Legal Aid, and appointed Nilofer Shahnawaz as the first juvenile judge of Sindh's first juvenile court. She was simultaneously assigned the duty to look after the women prison in Karachi.
Nilofer Shahnawaz had introduced the idea of collaboration between the jail authorities and private persons and organisations interested in jail reforms, according to the late Gul Muhammad Shaikh, who worked with her as a jailer. Her contributions have been highlighted in For Life, Peace and Justice, a book by renowned journalist Maisoon Hussein (late) as well as in Prison Bound: The Denial of Juvenile Justice in Pakistan by Human Rights Watch.
Individuals like Abdul Sattar Edhi (late) had immensely contributed and cooperated with Nilofer Shahnawaz in providing assistance to the juvenile prison and women prison. Tariq Siddiqui, another philanthropist, also provided financial assistance for improving living conditions for women and juvenile inmates.
It is important to understand that when children are released from prison, they need to be reintegrated in society, otherwise they will end up committing similar crimes, or taken advantage of and recruited by criminal or extremist terrorist organisations.
Pakistan was put on the Child Soldiers Prevention Act (CSPA) list in 2021, only to be removed a year later, in 2022. However, if the reintegration of children is not taken seriously, then Pakistan can again end up on the said list, with the problem constitutes a national security issue.
Pakistan was the sixth country in the world to sign and ratify the UN Convention on the Rights of the Child, nearly one year after it was adopted by the UN General Assembly in 1989. However, Pakistan still has enormous challenges ahead with respect to upholding the rights of children.
Pakistan submitted its consolidated sixth and seventh periodic reports in 2023, which were due in 2016 and 2021, and has continuously faced criticisms for failing to protect the rights of children, especially pertaining to child marriages, child labour and child poverty which pushes children into committing crime. Child poverty makes it easy for the children to be exploited by organised criminal organisations.
The role of charity and philanthropy, therefore, becomes very important in dispensation of juvenile justice especially with respect to probation and parole laws, as providing vocational training, educational qualification, and treating these children with respect and dignity can ensure their reacceptance, reincorporation and reintegration in the society as an industrious and law abiding citizens.
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