Hyderabad failing to enforce juvenile justice law, SHC told

HYDERABAD: A division bench of the Sindh High Court’s Hyderabad circuit has directed the additional advocate general to submit a report on the implementation of the Juvenile Justice System Act, 2018 in Hyderabad district in light of the court’s Dec 2, 2020 order.

The bench, comprising Justice Mohammad Hasan Akbar and Justice Osman Ali Hadi, recorded the undertaking of the additional advocate general to place the report on record within seven days after consultation with the district judge. The matter has been fixed for July 21. The order was passed on June 29 and released on Monday, July 6, on a joint petition filed by advocates Syeda Faryal Fatima, Rachna and Hina Memon.

Petition challenges non-implementation

According to the petition, the lawyers asked the court to declare the non-implementation of the Juvenile Justice System Act, 2018 in Hyderabad district, particularly Sections 5, 9 and 10, as a violation of fundamental rights. They also sought directions for the respondents to immediately ensure effective enforcement of the law.

The petitioners requested the establishment of at least one fully functional observation home in Hyderabad district for the lawful custody, care and rehabilitation of juveniles in accordance with Section 5 of the law. They further urged the court to order the establishment of juvenile justice committee or committees in Hyderabad without delay and to ensure that all eligible juvenile cases are referred to such bodies under Section 10 for diversion in line with Section 9 at appropriate stages of proceedings.

Reference to 2020 court order

In their plea, the petitioners referred to the Dec 2, 2020 order of the high court’s principal seat, stating that every district judge had been made responsible for ensuring compliance with the 2018 law and for putting in place mechanisms so that meetings of the proposed committees were held regularly for disposal of cases through diversion under Section 9.

The court noted that the government had set up a Juvenile Justice Committee for each district except three. The Dec 2 order had required district judges to ensure compliance with the 2018 Act and directed that the committees formed by the Sindh government perform their duties diligently, with committee members submitting compliance reports to district judges on a regular basis.

The petitioners told the court that the committee required for Hyderabad had been formed on Nov 4, 2019, but remained ineffective, adding that even nomination of a bar council member had not been made. They also argued that the special observation centre required under Section 5 of the Act had not been established for implementation of the law in other parts of Hyderabad, with juveniles being forced to go to police stations like other offenders.

The bench observed that there had been no effective implementation of the Act and of the Dec 2, 2020 order in Hyderabad.