Lupine Publishers | Scholarly Journal Of Psychology And Behavioral Sciences
Abstract
According to common law-the legal
dispensation system used in most countries across the world, including
Pakistan-two fundamental components are required to prove the commission of a
crime: firstly, actus reus and secondly mens rea. In general, the first of
these two-the actus reus-is the physical act (or omission) of committing the
crime. The second-mens rea-is the necessary intent to prove that the alleged
perpetrator wanted to commit the crime. Besides, these demonstrate potential
psychological impacts over the societies across the world, which is focused on
this study. The study adopts qualitative means to examine the psychological
implications of Juvenile delinquency in Pakistan and provide insightful
understanding for the readers.
Keywords:Juvenile; Psychological implication; Pakistan; Legal
developments
Introduction
Human nature a complex topic since the
earlier ages. Factors, conditions, circumstances, helping in the evolution of
human nature. The different persons are acting differently in the same
situation, making us wonder. The DNA composition of every man making us all
perplexed. The same number of chromosomes millions of genes and genetic codes
all contributing to the evolution and development of human psychology. Youngs,
children, minors have always been the apple of the eye of the legislature. From
the base of fundamental rights having a special place in principles of the
policy of the supreme law of the land. “Doli incapax” the Latin term referring
to the limelight fact inability of young to do the crime [1]. However, the
question arises in societies like Pakistan, where we see young offenders
involved in all sorts of crimes. Dealing with them, the legislature in Pakistan
had to provide an act Juvenile Justice System Act, 2018 [2]. So now the
hypothesis we can give is that the adolescent delinquency is mainly depending
on the psychology of the offender. Factors contributing to it are Age, Social
Status, Abusive Culture, Inequality and Partiality, Social Circle, Poor
Education System, Social Factors, Economic Factors. The present study examines
the juvenile delinquency and its psychological implication as a general and
taking Pakistan as a case study. It presents the background and introduction of
the subject matter in section one, provides an in-depth discussion in section
two and concludes the discussion in section three with proactive findings with
some appropriate suggestions.
Discussion
Keeping in focus the psychology is the
heart of every juvenile case, so, following special procedure is introduced by
the legislature in Juvenile Justice System Act, 2018:
a) Report about juvenile psychology/
economic and social status by the probation officer.
b) Trial to be concluded in four months to prevent them from the agony.
c) No trial with adults.
d) No arrest or detention in jail.
e) Special committee to formulate a reformative judgement in a case where
needed.
f) No fetters or capital punishment.
g) The expense of litigation with medical treatment by the state.
h) Immunity of publication of name and facts of juvenile.
Furthermore, the height of delight is
that the punishment awarded under this act will never act as conviction in case
of jobs and future life of juvenile. It means an act done in the rage of
hormones will not become repent/regret in future. Legislature wanted to secure
the future of juveniles, but to the contrary, it is giving dirty minds of
societies to get their work done without getting their hands dirty. The hands
of the juvenile are tainted with the filth of crime; their minds are tortured
with the agony of offences and trials; however, they are getting away easily.
The upcoming decades will lead us to see the fact that all crimes will be done
by juveniles making it impossible to track the real offenders as juveniles are
never to be tortured for retraction of confession. Latest amendment sections 82
and 83 in Pakistan Penal Code, 1860, giving immunity to juvenile again the very
nature was to safeguard the psychology of juveniles [3]. However, the honey of
immunity and the general exception is attracting the thugs of society to attack
the delicate minds and incorporate them with microchips of crimes, infecting
their minds and softness.
According to a Society for the Protection
of the Rights of the Child (SPARC) report [4], published in 2012, in Pakistan
1500 to 2000, juveniles were imprisoned. This figure, however, excludes
thousands of under trial juveniles whose numbers are unknown. Figure 1 presents
an overview of the Juvenile detention facilities as provided by the governments
of various provinces of Pakistan-it provides that Sindh province tops in the
provision of such facilities, i.e. four centres; Punjab provinces adhere two
centres; Khaybar Pakhtunkhwa (KPK) demonstrates one facilitation centre which
is not functional; while Baluchistan province does not have any such facility
[5].
Conclusion
Greater care is to be taken while dealing
in such cases; penalties/ punishments/ reformations are to be awarded, keeping
in view psychology of juvenile along with other factors of the case. Every case
is to be dealt with individually keeping the facts in mind the future of
juvenile can help us to determine the future of Pakistan.
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