Thursday, September 3, 2009

Separate facility for child prisoners needed

SINDH is plagued by the absence of a juvenile justice system. The situation, however, is worst in the northern part of the province. Major players in the criminal justice system are unaware of special protection measures provided in different laws for children coming into contact with the law.

Children are handcuffed and kept in police lockups with adults. They are taken to courts in the same vans as adults. They are presented in courts deigned to cater to the needs of the adult prisoners. Their cases are heard in overcrowded courts in violation of the provisions of the Juvenile Justice System Ordinance 2000.

Children arrested in Sukkar, Khairpur, Larkana, Jacobabad, Shikarpur and Ghotki districts for minor and major crimes are kept in the ‘bacha’ (juvenile) wards annexed to the adults’ prison.

The adult prisoners access them very easily because they are entertained by the same administration at the same entry point.

There are two correctional facilities, namely Youthful Offenders Industrial Schools (YOIS) in Karachi and Hyderabad. These schools deal with children who belong to urban areas but they (schools) are handicapped by certain limitations and problems of resources and capacities.

Although these were established under the provisions of the Sindh Children Act, 1955, they are being run under the Pakistan Prison Rules 1978.

But juveniles from northern Sindh do not have any such separate correctional facility that can help them to improve their attitude and life, and make them normal beings. The fact of their being in the proximity of adult prisoners is a stumbling block. In the absence of any correctional facility, borstal institution or YOIS in any part of northern Sindh, hundreds of juvenile prisoners sometimes turn out to be hardened criminals or become victim of physical and sexual abuse.

Life and attitude of the juvenile inmates in interior Sindh can be improved through reformatory institutions like a separate institution/prison in northern Sindh.

ABDULLAH KHOSO
Karachi
Thursday, 03 Sep, 2009 | 01:41 AM PST
http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/the-newspaper/letters-to-the-editor/separate-facility-for-child-prisoners-needed-399

Reporting child abuse

These days it has become very common with the newspapers, English, Urdu and Sindhi, to publish the identity of children, either victims or offenders, for the sake of becoming popular. These do not give due consideration to the children's rights to privacy, dignity and protection as well as to the law that prohibits them from such an act.

According to Section 8 of the Juvenile Justice System Ordinance 2000, no newspaper or magazine in any form will disclose the name or identification of the child. Also Section 23 of the Sindh Children Act 1955 prohibits the same. It says, "No report in any newspaper, magazine or news-sheet of any case or proceeding in any court under this Act in which a child is involved shall disclose the name, address or school or include any particulars calculated to lead directly or indirectly to the identification of any such child, nor shall any picture be published as being or including a picture of any child".

In the reporting of children's issues, particularly when these are victim or a rape survivor, media outlets have to adopt ethics and avoid publishing the identification (name, photograph) of the children but unfortunately such media ethics have died due to a phenomenal advancement in technology and increasing competition among the media companies.

Publishing details of a rape survivor (child) violates the child's right to privacy, and could be seriously negative to her/his current and future well-being. The child will not only have to live with the abuse she/he has experienced, but also other people's knowledge of what occurred to her/him, the (probably redundant) attention that this may bring, and the impact that this may have on her/his ability to deal with her/his experiences. Given the abuse the child has already experienced, the non-essential publication of her/his trauma to please the curiosity of readers perhaps leads to the secondary abuse.

The National Commission for Child Welfare and Development of Pakistan (NCCWD) has also prepared a "Code of ethics for media on reporting of children's issues". There are also the guidelines of the International Federation of Journalists (IFJ) which say that journalists and media organisations "shall strive to maintain the highest ethical conduct in reporting in children's affairs and, in particular, they shall… consider carefully the consequences of publication of any material concerning children and shall minimise harm to children".

By Abdullah Khoso
Karachi
Friday, September 04, 2009
http://www.thenews.com.pk/daily_detail.asp?id=196517

Sunday, April 26, 2009

Encroachment: In the name of Religion

Unplanned and unregistered mosques are springing up in various parts of the city - some being built owing to sectarian differences, and are fast becoming a source of worry.

By Abdullah Khoso

Khob Nawaz, 45, is not a content man. Every day, along with other residents in his locality of Muhammadi Colony in Keamari, he has to walk long distances to a mosque in a neighbouring area, even though there is one right in his own neighbourhood.

However, the mosque in question – Tayyaba Mosque – is currently under the control of a Pesh Imam, Allah Buksh, and it is because of him that the residents of Muhammadi Colony have refused to offer prayers in their own area.

Buksh's occupation of the mosque was not always a disputed matter. A few years ago, he was asked by one Babu Tanveer, another resident of the community, to lead prayers at the mosque when it was under construction.

But when the people of the area noticed Buksh practising rites different to what they followed, they stopped going to his mosque and instead turned to a mosque in a different neighbourhood.

"It became a problem for the older people of the area in particular," explains Nawaz. "They have very strict beliefs that do not permit them to offer prayers behind someone who belongs to another sect. They now have to walk a long way to get to the other mosque."

Buksh, however, is convinced he should remain in the mosque and continue to preach as he has been for the past two years. He is backed by another Sunni group, but according to Nawaz, the people of this group live in a separate area. "Allah Bukhsh himself lives a good 10 miles away from the mosque," adds Nawaz.

In Karachi, it has been learnt that disputes over who is in control of a mosque stem mainly from two reasons: sectarian differences, as in the case of the Tayyaba mosque, or money. In the latter case, local communities, who have little to do with the issue at hand, end up being the most affected.

"Five years ago, disputes over the possession of mosques in Karachi were very common, and were usually started by land-grabbers, who used the mosque to protect their economic interests," says Muhammad Younis, Coordinator, Urban Resource Centre, an NGO.

This means that often, mosques end up being built where they should not be. As Younis points out, "The allotment of land should be planned, but neither the people nor the government care. People just donate a piece of land and construct a mosque on it regardless of whether that area is suited for it"

To back his claim, Younis cites the example of a mosque in Lyari which is built on a sewerage line. The construction of the mosque has blocked the flow of sewage and filled the area with a stench.

"It is an awful thing, but no one cares," laments Younis. He adds that there are many other mosques in the city that cause traffic jams because they are ill-placed, but no one speak up against it.

"It is such a sensitive issue that no one dares say anything."

Asif Khalid Saif, senior research officer at the Council of Islamic Ideology, agrees that mosques should not be constructed without due approval and planning. "A mosque should be a source of integration in society rather cause of inconvenience for neighbours and civic life," he says.

However, those who are in control of mosques in Karachi claim that not every mosque in the city falls under their jurisdiction. Mosques are the concern of the Auqaf Department, but the department, which deals with just 31 mosques in the city, admits that they do not know exactly how many there are. "We are not concerned about other mosques and their construction, nor do we know where new mosques are being approved or registered for construction," states Muhammad Nusrat Hussain, Administrator Auqaf Department.

Constructing mosques without prior permission may not be legal, but even when the dispute is sectarian in nature, such as with Tayyaba mosque, it is liable to end up in court.

"I have dealt with many cases like this, and I know that in Karachi, some people do not like to go to neighbouring mosques, even if those in charge of those mosques belong to their own sect," says Javed Ahmed, who practises law at civil court.

He does not have to look far to prove his point. "My own uncle believes that people in neighbouring mosques are not Muslims practise an interpretation of Islam that is incorrect," he says.

In 2007, a similar type of civil suit was filed at the Civil Court West, where two parties were battling over the rights to the Jamia Masjid, part of Farooq Azam Trust in Sultanabad. Unlike in the case of the Tayyaba mosque, however, here both parties belonged to the same ideological group, and were locked in controversy over who should receive the rent generated by 17 shops built on land allegedly belonging to the mosque. The Union Council Nazim was dragged into the affair, and ultimately dissolved the committee of the Farooqe Azam Trust, although later the decision was challenged and deemed unlawful.

The dispute surrounding Tayyaba mosque, meanwhile, has been taken to the DDO office Keamari under the section 107 and 117 of the criminal procedure act. The administration at the DDO office considers the issue a sectarian divide and has indicated that the case should proceed quickly, considering the sensitive nature of the dispute. However, no decision has been reached to date.

Published with Kolachi, The News International at http://jang.com.pk/thenews/apr2009-weekly/nos-12-04-2009/kol.htm#3