Justice Mansoor Ali Shah Advocates Juvenile Justice Reforms

The Supreme Court of Pakistan recently reiterated the core principles of the juvenile justice system, emphasizing its primary goal of rehabilitating young individuals to help them become responsible adults. This system is designed to guide juveniles towards positive development rather than focusing solely on punishment. It recognizes that young people are more open to rehabilitation efforts and aims to provide correction and guidance to support their growth.

Justice Mansoor Ali Shah, leading a three-judge bench, highlighted the importance of treating juveniles differently from adults within the criminal justice system. This discussion arose in response to a case challenging the denial of post-arrest bail to a juvenile accused of serious crimes. Justice Shah emphasized the significance of the Juvenile Justice System Act 2018, which prioritizes diversion and social reintegration for juvenile offenders, considering factors such as immaturity, risk-taking behavior, peer influence, and mental health issues.

The Constitution of Pakistan mandates special provisions for the welfare of children, aligning with the country's commitment as a signatory to the United Nations Convention on the Rights of the Child (UNCRC). The court's adoption of therapeutic jurisprudence underscores the importance of combining legal accountability with rehabilitation efforts to support the well-being and development of juvenile offenders.

While juvenile justice focuses on rehabilitation and addressing crimes, child justice aims to protect the rights of all children involved in the legal system. The law allows for the release on bail of juveniles facing trial delays to ensure their rights are safeguarded. The recent decision of the Supreme Court to grant post-arrest bail to a juvenile petitioner, subject to specific conditions, reflects a dedication to upholding the principles of juvenile justice and ensuring fair treatment within the legal framework.

The emphasis on rehabilitating juveniles and protecting their rights within the legal system is crucial for fostering a just and supportive environment for young individuals in Pakistan. By prioritizing the best interests of children and implementing specialized measures for their welfare, the country is taking significant steps towards ensuring a more compassionate and effective juvenile justice system.