National Commission on the Rights of Child

Guidelines to KHYBER PAKHTUNKHWA Government for Implementing JJSA 2018

The Juvenile Justice Act 2018 (JJSA), being pivotal law to address the issues of children in conflict with law, provides for the making of rules for its effective and efficient implementation. JJSA provides for the formation of Juvenile Justice Committees under its section 10, and the liberal use of Diversion as envisaged in section 9 as a means of preventing children from suffering the ill-effects of incarceration. Therefore it is essential that the Rules of implementation of the Act be framed so that JJSA 2018 can be operationalized in its true letter and spirit.

The Commission, issued recommendations to the Provincial Government of KP for the implementation of JJSA 2018, including; establishment of Juvenile Courts, Panels of Free Legal Aid, notification of Juvenile Justice Committees, strengthening of Probation and Parole System for Diversion, , establishment of Observation Homes and Juvenile Rehabilitation Centers. The Commission appreciated the establishment of Juvenile Justice Committees as required under the JJSA, 2018 by the Government of KP. The Commission emphasized the framing of Rules for JJSA as an important step forward for implementation of the Rights of Children in Conflict with the Law. The KP Government was recommended as per mandate of the commission, to expedite the process of framing of Rules its implementation in the Province of KP in its true spirit.

The NCRC also asked the KP Government to bring commission on board in the process of framing of the said Rules and all the other ancillary matters relating to child rights issues.