Introduction
The promulgation of the Juvenile Justice System Act (JJSA) in 2018 was a significant step towards ensuring social reform and safeguarding the rights of the child keeping their vulnerabilities and special needs in mind. A bare reading of the law shows that the JJSA was enacted with the goal of transforming the treatment of juvenile offenders at every stage they encounter the legal system. It therefore emphasizes rehabilitation and enhanced access to justice mechanisms. However, five years later, doubts about the efficacy of the law, concerns regarding its implementation, and questions with respect to the extent it
succeeded in protecting the juvenile, persist. This study adopts a multifaceted approach and attempts to critically analyse both the text of the law and the state of its implementation to date. It identifies and highlights the existing gaps between the legal framework and the realities faced by juvenile offenders.
In the process it underscores the difficulties in application and gives recommendations on how to bridge the divide between the law and its practical implementation. Instead of restricting ourselves to the law in isolation, we approached it as a part of the broader judicial and administrative system through which it is implemented. This allowed us to not only critically appraise the letter of the law itself but also evaluate the surrounding factors that influence the effectiveness of the JJSA – these range from identifying the stakeholders and their attitudes, the body of laws that constitute the criminal procedure system and how they interact with each other, and the practices developed over time, both legal and attitudinal, that facilitate or pose as hindrances to the implementation
of the JJSA. As shall be demonstrated in due course, our research shows that there is a broad spectrum of factors, ranging from insufficient financial resources, dearth of manpower, to the ad hoc approach of the policy makers towards the criminal procedure system. It has been added to and amended so many times over the years, that the laws that constitute the criminal procedure system of Pakistan have simply stopped talking to each other, as it were. All of this is tied together with the political will. By considering these interrelated components, we have been able to present a holistic overview of the JJSA.
Our primary objective was to conduct a comprehensive gap analysis in which
we juxtaposed the JJSA against the prevailing criminal procedure laws and practices. In doing so we were able to identify the discrepancies, inconsistencies, or inadequacies within the existing legal structure. Our focus was not just the body of laws but the offices and the prevailing practices through which they are implemented. This is because, laws like the JJSA and their modus of implementation are the first, and usually, the only point of interaction between the citizen and the state. They therefore are much more than a body of Llaws; for the common man, the citizen of Pakistan, they represent the state itself. We were
then able to identify and evaluate pathways for guaranteeing protection of the juvenile not only through the judicial process but also ensuing their reintegration into mainstream society. In the process we examined the rehabilitative programs currently operational, both under government auspices and implemented by non-governmental organizations. Our methodology and the approach towards data collection was therefore informed by our objectives. The nature of the research was such that we employed qualitative methods. The empirical framework for this study incorporates existing laws, international
obligations, and literature on the subject. We used the Save the Children’s Best Practices Model as the cornerstone to identify the stakeholders and evaluate and analyse the ground realities and implementation practices. The analysis that followed was specifically designed to capture and convey the experiences of the stakeholders of the JJSA. It awards centre stage
to their professional experience of the JJSA, their personal narratives with respect thereto and the lessons learnt. The stakeholders on the implementation side the JJSA included police officers, probation and parole officers, prosecution lawyers, defence lawyers, social welfare department, prison staff, NGO’s working in prisons, Home Department officials etc. The stakeholders identified as affectees of the JJSA were underage juveniles who were incarcerated in prisons and currently under trial. By awarding centre stage to the [above] stakeholders we could ensure an objective understanding and evaluation of the effectiveness of the existing juvenile justice system and its rehabilitative structures – both legal and administrative. The purpose is to be able to determine where the system falls short and how the laws are subverted under the garb of procedural technicalities. We then conducted policy dialogues at the Centre for Public Policy and Governance (FCCU), where experts on the subject and the stakeholders were invited and we shared our findings with them. The purpose of this exercise was twofold. First, to share our academic understanding of the state of the law and our analysis with those who practice in the field. Such a juxtaposition is vital for a well-rounded critical appraisal of issues as complex as the one at hand. Second, was to initiate a dialogue amongst the stakeholders to come up with solutions and recommendation. Again, the purpose was a comprehensive and balanced
evaluation of the JJSA. Moreover, our intention was to create awareness, and this was the first step towards a policy initiative. All the findings have been incorporated in this study. Based on the issues identified in the research and the findings thereof, we conducted trainings. When the project started, we had intended these trainings for prison staff only. But as the research progressed and as we developed an understanding of the law and the issues pertaining thereto, we changed our tactic. For each training we invited personnel from the police (sub inspector level and above), prosecutors, social welfare workers, and probation officers. We also invited defence lawyers and young law students. The training content was generated from within the research. As the participants were the front-line workers in the implementation of the JJSA, these trainings generated a meaningful discussion and dialogue on the law. We have incorporated those insights in this report as well. pertaining thereto, we changed our tactic. For each training we invited personnel from the police (sub inspector level and above), prosecutors, social welfare workers, and probation officers. We also invited defence lawyers and young law students. The training content
was generated from within the research. As the participants were the front-line workers in the implementation of the JJSA, these trainings generated a meaningful discussion and dialogue on the law. We have incorporated those insights in this report as well.

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