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Government of Pakistan introduced and instructed the provincial Government to ratify and implement the Juvenile Justice System Ordinance (JJSO). Although most of the provincial Governments ratified the rules, yet all the provincial Govt either did not established borstal Institution or formulated the rules or both as well as either virtually lacks the full-fledged reclamination department or not completed the required number of probation and parole officers nor they are well trained, even for the intermediary period (as Borstal Institution need resources as and time as well period appointed and nor Jails are turned into better place to provide a conducive environment for the juveniles. Even in most of the cases the innocent children come out of the jails as a professional criminal. There is absolutely no system for their education, growth and development.
Apart from the naïve juvenile prisoners whose fear of coming out as professional criminals always lurks, another segment of children who get birth in jail due to their mother’s imprisonment are at higher risks of becoming criminals.
A gloomier aspect of this entire story is that these juveniles are exposed to the sexual exploitation in prisons at the hands of adult prisoners. Even in some of the cases due to lack of space in the jails and Government’s lack of interest in construction of separate Boatel houses, Jail Authorities put 18 to 25 years old age group prisoners with the juveniles, which puts the Juvenile at high risk of sexual exploitation. It is reported that Sabzposh (informer) and some of the elderly juveniles rape the new comer in the barrack and later on compels him to have sex with all those whom Sabzposh and his group want. In this way child gets mental trauma, develops psychological problems and inferiority complex.
Violence, abuse, negligence, exploitation and discrimination remain a threat throughout the life cycle of the juvenile prisoners. Lack of consistent pursuance of existing limited jail reforms, overburdened and insensitive judicial system, lack of efficient coordination among jails and Interior and foreign ministries/departments are all the factors which make the prisoners more vulnerable. Access to a transparent and speedy justice remains a dream for many. In most of the cases these factors act as exploitative tools forcing the prisoners to spend double or triple time in the prisons even after completing the actual imprisonment timing.
Apart from inherent problem in the investigation, judicial process and mistreatment of the prisoners in the jails, one of the most critical elements is orthodox jail manual. The Jail Manual has many loopholes and gaps which puts the prisoners in extreme vulnerability.
Violation of Human/children’s Rights is also visible at state institutions level; lack of proper coordination between different state institutions and century’s old judicial and police/jail systems. Procedures have become tools in violation of Human/Children’s Rights. The ultimate victims of the inefficiency and rottenness of the procedures are the prisoners.
SEHER’s Rehabilitation Efforts:
SEHER has taken a proactive step to improve the juvenile condition and develop a support system at jails in Balochistan by initiating a comprehensive program with the name of “Rehabilitation of Children in Conflict with Law”, in May 2005 which was further spread to Quetta and Gaddani. (Read More)
Establishment of Jail Reformatory Schools
The idea of establishing Jail Reformatory Schools at Quetta and Match Jails was to create a formal and learning environment for the children. Where, they could spend their time in the constructive activities of character building. While on other hand it could play central point for other rehabilitation activities JRS focuses formal school because it on one hand provides opportunity to take remission for juveniles on the other hand when juvenile will come out of jail they would be educated. However, there is also non formal education facility in the JRS, but with the strategy to enable them in year to join the formal education of JRS. Qualitative and quantitative results of the juvenile reformatory schools are remarkable
Formulation and strengthening juvenile reformatory school committee
Challenge in jail is developing ownership of the juvenile in the program, support mechanism of those juvenile who are weak and vulnerable and keeping the educational environment in the evening in the barrack.
SEHER has formed Juvenile reformatory school committees (JRSC) in all targeted jails of Balochistan, JRSCs in all targeted and jails of Balochistan, JRSCs have not only proved beneficial for taking care of the books, stationary, poster and record of the Reformatory Schools but also ensured a body liaising between juvenile and jail Authorities for their day to day problem and administrative issues.
Computer literacy:
A highly sophisticated Library cum computer labs are established in all three jails of Balochistan, Labs are not only constructed but also furnished, books and computers are provided. Idea behind children/juvenile must have opportunity to varieties of books to enhance their knowledge and on the other hand they should be computer literate so they could cop up with the new emerging needs of the computer in the society. Computer literacy proved to be very interesting for juvenile. They have taken very much interest in the computer learning and some of the children succeeded in Excellency in the computer. In this regard following status of the computer literacy shows the effort of SEHER and in context of juvenile in computer literacy.
The most important aspect of the computer literacy is its formal examination and certification. Initially SEHER registered itself with Ideal Computer Institute. ICI visited the jails and conducted formal exams of the juvenile and based on their performance certified them. In 2007 directorate of Labor and Manpower is mobilized and they are taking the examination and issuing the succeeded juvenile diploma.
English Language Classes:
English Language fascinates juvenile, they take very much interest in language class. English language classes doe not only help them in their study to understand the course (particularly those subjects, which are in English) easily, but it also gives ample of time to teachers to engage a group of children/juvenile in English language classes and themselves focus other juvenile/children academic classes. Following status of the language classes very much exhibits the interest of the juvenile in English language classes:
Religious Teaching:
on earth has some commonality in common i.e. Morality, peace and social harmony. In juvenile barracks the most critical area is ensuring the protection of comparatively small (age wise) and/or weak (physical structure wise) children from elder (either age wise or by physical structure). Once they have been closed at 5:00 PM, the small/weak are on disposal of the elder/strong juvenile, they only thing which can work is to internalize them the morality. In this regard there are very powerful concepts in Islam. The whole Islam is basically based on two pillars 1) Haqooq-u-llah - Rights of GOD and 2) Haqooq-u-llhebad - Rights of Human Beings. Islam very clearly stress on latter one, even it says that if some one 100 % performs the fist one would never get my generosity if s/he doesn’t fulfil the latter one, even stresses that if a person does some thing wrong with other person (irrespective of the religion, race and gender) GOD can not forgive him/her unless the affected would not forgive him/her.
SEHER is very clear, through religious teaching, it would not want to produce extremists, while through religious teaching (Haqooq-u-llhebad - Rights of Human Beings) very easily these juvenile could be not only mold towards morality and to be good citizen but also ensure the protection of the small (age wise) and/or weak (physical structure wise) children from elder (either age wise or by physical structure). SEHER had hired well qualified teachers, one in each Quetta and Mach jails, who have clear since of objectivity of the teaching these juveniles and one can see very explicit change in the behavior and attitudes of juveniles.
Skill Development:
Juveniles are more vulnerable due to their financial dependency on adults. This dependency leads them towards violation of laws and, in most cases, causes sexual abuse. The sole aim of the skill development was to equip the juveniles with the skill that should have a market demand and could be learned within the short span of time, while it should neither require big financial capital nor expensive infrastructure to be started after their release. It was expected to considerably decrease their financial dependency and indirectly strike on the level of their vulnerability.
Having explored the juveniles’ interest and seeking the permission of the jail authorities SEHER very consciously confines itself to only those skill which does not require much capital and huge and expensive infrastructure to be started. Because after their release they (juvenile) may not be in position to start any self employment. Hence in this regard SEHER is providing skill training to the juvenile in the following areas:
Tailoring:
Tailoring has an enormous scope for a dazzling future in terms of earning. It ensures the future security as one can begin this business within his house. Juveniles are enrolled according to their interests in Tailoring and learn Pressing, Cutting, Sewing, Stitching etc in all three jails of Balochistan
Calligraphy:
Calligraphy is both a means of communication and a venerated form of art. It describes the beauty of thoughts and also a helpful source of income. Those juveniles who had tendency towards artistic skill were facilitated to learn calligraphy, which could fulfil their intellectual trust and prove to be means of earning.
Beadwork:
Bead work is another interesting and magnificent art. Juvenile prisoners of Mach, Quetta and Gaddani Jails make upper of the shoe, key chains, bracelets, mobile covers, rosaries (Tasbeehs) and other beautiful items. These items are also displayed in different occasions for the promotion of hand made items by juveniles.
Paper Mache
Paper Mache is an income generating art to some extent, but actually is a more interesting part time hobby. Trainings are given to the juveniles of Quetta and Mach jails whereas 70 juveniles of Quetta and 68 juveniles of Mach Jail got trained in making various gorgeous items like vegetables, masks, fruits, plates, bowls and cups etc.
Candle Making
Candle making is another small income generation activity, which requires comparatively less efforts to learn and can be carried out at any small place available, preferably homes. In this regard juvenile of the target jails of Balochistan are provided training.
Following status shows the extend and intensity of the efforts carried out with juveniles in all three targeted jails of Balochistan:
Psychotherapeutic Services:
Juveniles in jail come from varying backgrounds. They commit crime accidentally, by chance or intentionally, but pursuance of cases in the hectic procedures of court in addition with the harsh attitude of jail authorities creates myriads of psychological problems. The juveniles fall victim to stress, tension and depression which create deviant and revenging thoughts in juveniles. The unpromising atmosphere of the jail ultimately results in distortion of their minds with notable inclination towards crime. This was the area that needed the most immediate attention.
In order to meet psychotherapeutic needs of the juvenile prisoners services of psychologist were acquired, who helped a great number of children to deal with their mental stresses.
Recreational Activities:
It is the foremost right of all children to express their viewpoints and have access to educational and health facilities. Since, they are in the primary age of adolescents; they tend to release their energy in one way or the other. It was found instrumental to keep them busy in variety of recreational activities that helped to prevent the juveniles from deviant thoughts, conflicts and unnecessary groupings.
The Juvenile prisoners in all three targeted jails of Balochsitan have been provided access to the thrilling games of Carom Board, Chess, Ludo and Cards, in addition to installation of a volley ball net, badminton and table tennis. The juveniles spend their leisure time productively.
Legal Empowerment:
Juveniles are empowered for legal procedures, legal assistance and guidance for their case. It is the right of every juvenile to have proper legal assistance for their cases. Existing rotten system in most of the cases due to lack of resources and/or in proper guidance may juvenile lack legal support and spend years in the jail. In this regard the following services are provided to the juvenile by dedicated lawyers in all three jails.
Legal Education
Every juvenile is guided about the basic rule of law and further processes of their cases. It helps them out in knowing the duration of their cases and after conviction application procedures.
Legal Aid:
Legal aid is the right of every juvenile and the child who can not afford the fee and other expenses of their cases are facilitated through free legal aid.
Establishment of a Library and a computer lab
A highly sophisticated computer lab and a library enriched with the books of general interests have been established to equip the children with basic education of computer literacy and enhance their interest of book reading. This service is available at immediate bases and huge number of juvenile have benefited from it.
4 Referral & Vagrancy act cases:
SEHER believes in synergetic efforts, avoid and discourage overlapping of resources and efforts. In this regard SEHER has developed a formal understanding with CRS’s ALAC project, which extends its legal support to Afghan refugees. SEHER and ALIC mutually agreed that either in jails, judicial support, in case of Afghani SEHER would refer it to ALAC, while in case of Pakistani ALAC would refer it to SEHER. Most of the Afghani children either land in the jail due to charges of Border pass (foreigner Act) or due to vagrancy act in the police custody are referred to the ALAC to extend the legal support.
Reconciliation:
Reconciliation is unique in method. SEHER learn it by doing, in due course of action SEHER learn that in some cases the parents and/or guidance of any juvenile user the tribal way of apology, calls (jigra/Mehrr) to the effectiee party and in most of the cases effectee party forgive the juvenile for his deed. Under the law if both the parties compromises, court may take its verdict and release the prisoner/juvenile provided both parties physically present in the court and submit their compromise in written. SEHER learnt that in most of the cases juvenile family and effectees have compromised in the result of their traditional method (Jirga/Mehrr) but they are unaware of the legal requirements and procedures, in result even after the compromise juvenile spends his days and nights in the jail. SEHER has started a process of reconciliation and facilitated such cases and presented such compromises and both parties in the court and released number of juvenile.
Remissions:
Remission is one of the legal right of each prisoner, irrespective of their gender, language, religion, locality and profession (it does not apply on NAB and some other dangerous cases). Government functionaries by law has their discretion power for giving remission in case prisoners conduct is up to the mark, performed social service in hand political leadership can also give remissions to the prisoners on national event independence day, religious ceremonies (Eid etc). SEHER very strategically uses these options so that the juveniles could get more and more remissions, which on one hand decreases their sentence period and on the other hand it plays a role of incentive for juvenile to take interest in the rehabilitation efforts. SEHER facilitates the juveniles in preparing program (speeches, skits, songs, quizzes) on important days (independence day, world day for prevention of child abuse, Eids etc) in which ensures the participation of Home Secretary/Inspector General prisons, superintendent0 so they could announce remission for juvenile. On the other hand facilitate juvenile in appearing in Board exams to have remission. The efforts, intensity and level of benefit juveniles has received through legal empowerment can be understood through following status:
SEHER has a component of capacity building with objective of ensuring juveniles’ rights and implementation of Juvenile Justice System Ordinance. Under this component both the juvenile prisoners and the jail authorities were made aware of their rights. Moreover, trainings were conducted to highlight the concept of rights, CRC, Parole and probation and JJSO.
These trainings on one hand enhanced the knowledge of the juveniles as well as the jail staff on children’s right, mechanism and concepts of treating the miners, juvenile justice system ordinance and jail manuals, on the other hand it also played a role in breaking the dominance-dependence relation between the juvenile and the jail staff it created a learning environment for both juvenile and the jail staff instead of the juvenile being treated as an abject and down trodden.
Achievements at a Glance
- 71 juvenile prisoners in Mach and 37 in Quetta jail provided with Formal Education
- Legal aid/education/advice: Three juvenile prisoners, under death sentence, were provided free legal aid and the verdict was reversed.
- Psychotherapeutic services
- Vocational skills training: Tailoring, Calligraphy, Beadwork, Paper Mache, Candle Making
- Computer Literacy: 17 Juveniles learnt word, excel and PowerPoint programs
- English language literacy: 11 children became fluent in spoken English
- Recreational facilities: Physical Exercise, Volleyball, Table Tennis, Badminton, Chess, Luddo and Carom Board
- Preparation for Board Examinations: 3 for Matriculation, 2 for FA, 2 for BA, and 1 for MA.
- 24 juveniles learnt tailoring, out of which 4 are experts/Masters
- Religious teaching: 21 juveniles learnt Qirat, 5 became Hafiz-Quran and one can cite 22 Siparas
- Dispute Settlement and Reconciliation of 5 juveniles
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