The juvenile justice system is a critical component of any country’s criminal justice system, designed to handle cases involving minors.
Much like the rest of the world, South Asian countries such as Pakistan, India, Bangladesh, and Sri Lanka have established juvenile justice systems to address the distinctive needs of child offenders.
In Pakistan, the Juvenile Justice System Ordinance, 2000 pertains to the protection of the rights of children involved in criminal litigation. Under the ordinance, the government established juvenile courts and separated juvenile offenders from adult prisoners. However, the legislation’s implementation has remained inconsistent. In Punjab alone, as of November 2023, 81% of juveniles in detention are housed in regular prisons, while just 144 are in juvenile reformation centers. Nationwide, according to a report by the International Crisis Group, approximately 1,800 children were detained in adult prisons as of 2019.
Regionally, India, Bangladesh, and Sri Lanka all have distinct approaches to tackling juvenile justice. India’s Juvenile Justice (Care and Protection of Children) Act, 2015; and Sri Lanka’s Children and Young Persons Ordinance, 1939 both prioritize rehabilitation and reintegration. However, critics in both states argue these systems are often ineffective in practice. Bangladesh’s system, governed by the Children Act, 1974, struggles with a lack of resources and infrastructure, leading to overcrowding and poor conditions in juvenile detention centers. Consequently, the effectiveness of these systems also varies.
In India and Sri Lanka, a significant proportion of juvenile offenders are placed on probation rather than being institutionalized. A 2018 study by the National Law School of India University found 67% of children in conflict with the law of India were placed on probation, with 33% sent to institutional care. A similar 2018 study conducted by the Center for Policy Alternatives found that 75% of young offenders in Sri Lanka were placed on probation, while 25% were charged. The biggest concern in Bangladesh remains overcrowding, with a 2019 United Nations Children’s Fund report finding that approximately 70% of children were housed in cramped detention centers.
Comparing the juvenile justice systems of Pakistan, India, Bangladesh, and Sri Lanka reveals several strengths and weaknesses. A common strength is the emphasis on rehabilitation and reintegration over punishment. For instance, the introduction of vocational training programs in Pakistani juvenile detention centers has seen a 30% decrease in recidivism rates among young offenders. In India, the implementation of community-based rehabilitation programs has seen 80% of child offenders successfully reintegrating into society within a year of completing their programs.
A common weakness, meanwhile, is inadequate resources and infrastructure, resulting in overcrowded and poorly maintained juvenile detention centers. Inconsistent implementation of laws and policies also leads to unequal treatment across regions and communities. In Bangladesh, 60% of juvenile detention centers operate above capacity. Addressing these issues requires investment from governments and stakeholders to build the capacity of juvenile justice institutions; improve conditions in juvenile facilities; and ensure consistent implementation of juvenile justice laws and policies.
Despite the shortcomings, there is cause for optimism. All South Asian states recognize the importance of investment in rehabilitation and reintegration programs. Only by doing so can they achieve a brighter future for these young people and contribute to safer societies.