Zawar Hussain

The rehabilitation and reintegration of juvenile offenders as compared to adult offenders is more challenging as juvenile offenders are short of psycho-social maturity due to their distinctive bio-psycho-social vulnerabilities associated to childhood¹. The reintegration of juvenile offenders is more challenging than adult offenders as they face two challenges. One is developmental transition where the juvenile offender transitions from childhood to adulthood. The second being the correctional transition where the juvenile offender returns from a correctional center/prison to the community. Both developmental and correctional transitions have their respective challenges that can hinder the successful reintegration of juvenile offenders².

Research demonstrates that female ex-offenders suffer from unique challenges during their reentry process as compared to men offenders³. Existing literature reveals that modern day offenders’ reintegration programs are based on male models which ignore the unique challenges of female offenders. Consequently, gender-specific reentry programs are required to target special needs of female offenders⁴.

According to researchers ⁵, female offenders in Pakistan bear increased adverse consequences for violating strict gender norms that lead to excessive social rejection and deprivations. As, Pakistani gender roles restrict women to hold roles as wives and mothers and place great value on their relational strengths⁶. Thus, do not accept a female as offender. Moreover, the socio-cultural context, traditions, patriarchal structure and domestic law influence the socio-legal status of female criminality in Pakistan. Where forced, unequal or polygamous marriages, limited family support, lack of social support, exposure to criminal behavior within the family, and experiences of abusive relationships makes the reintegration of female offenders harder⁷. These factors result in systematic challenges for female offenders ⁸.

On the other hand, the criminal justice system of Pakistan has proved exploitative as it falls short in addressing the special reintegration needs of female offenders as the female offenders are not provided with basic life skills, education, technical and vocational training, within the justice system. Which are necessary for the successful reintegration of female offenders especially in Pakhtun societies where females are socio-economically dependent upon male members of female offenders. Hence making the reintegration of female offenders more challenging ⁹.

While most research in Pakistan has focused on adult female offenders, little attention has been given to the experiences of female juvenile offenders. This study addresses that gap by exploring the reintegration challenges faced by girls convicted under the age of eighteen, particularly within Pakistan’s patriarchal society and justice system. Data was collected from female ex-offenders in Dir who had completed probation under official supervision and spent a minimum duration of three years in their respective communities post release.

Reintegration of juvenile offenders is a coordinated effort that emphasizes pre-release planning and services, reentry preparation and aftercare services. This means that the successful reintegration of ex-female juvenile offenders depends upon the nature and quality of services at pre and post release stages . However, during this study the ex-female juvenile offenders’ narratives revealed that the services and programs offered to them while they were in custody/prisons were inappropriate. Specifically citing their dissatisfaction in their experiences with police, at court, during imprisonment and while they were under the supervision of the probation officer. At each stage of their contact with the justice system, the Juvenile Justice system Act, 2018 (here and after JJSA,2018), which is the latest law regulating the cases of male and female juvenile offenders in Pakistan was violated. As per JJSA, 2018, handcuffing the juvenile offender as well as mixing them with adult criminals is not permissible as it adversely affects the reintegration of such offender. However, the narrative of one of the ex-female juvenile offenders reflect this context where she stated:

“Police are the worst creature. They are brutal, selfish, lack sympathy, and humanism. They kept me handcuffed and housed me with adults. To be very honest, harsh experiences and memories with police instigate me even to kill any police man whom I see”.

Similarly, the prison experiences of my interlocutors painted a gloomy picture as the prisons remained defective and exploitative, adversely impacting the reintegration process of the female juveniles. JJSA, 2018 clearly states that juveniles must be housed in Juvenile Rehabilitation Centers to receive rehabilitation services like cognitive and behavioral therapies, education, vocational trainings etc. to get prepared for successful reintegration after release. However, these services remain short of the required standards as respondents expressed that there was a lack of rehabilitation centers for female juveniles, services and programmes as suggested by law remained absent, and prisons functioned as nurseries of crimes and exploitation for female inmates.

Other important stakeholders of the juvenile justice system are the court and probationary services. The JJSA, 2018 bounds the system for the provision of legal assistance to the juveniles and the speedy trial of juvenile cases through the establishment of juvenile courts. However, the participants shared the torturous experience of prolonged trails as their cases were trialed in adult courts in the absence of juvenile court characterized with a lack of legal assistance. The probation services were also categorized as ineffective and insufficient by the ex-female juvenile offenders. They tagged it as a waste of time and a punishment.

The JJSA, 2018 directs that female juvenile offenders will be kept under the supervision of a female probation officer. While practice revealed that female juveniles were kept under the supervision of male probation officer. This not only violated the JJSA, 2018 but also restricted the male probation officer to respect the local gender norms and just maintain his record without properly calling the female offenders. Hence the female could not benefit from the expected services of the probation that could help them in successful reintegration. The context can be better understood by the following quotation of a juvenile female participant.

“Till date, I do not know the actual purpose of my meetings with the probation officer. Whatever I know is that I would be put into prison if I do not act on what the probation officer says. Without any hesitation, let me explain that I did not get any guidance or skill that could help me live a positive and productive life as it was not possible to get such services in a three to five minutes session with the male probation officer”.

Post release stigmatized identity was a common reintegration challenge among the ex-female juvenile offenders. The societal notions of honor and shame within Pakhtun social structure turn the social acceptance of these females more challenging. The stigmatization negatively affected their relationships which is key for successful reintegration. The narrative of one of the participants reveals the severity of the context.

“In many instances my relatives, friends and members of the neighborhood keep suspicious perspective about me and restrict their family members to keep relationships with me-----Once a person gets imprisoned you remain on the watch list of the society and police. Police interrogate you after each new case and society exemplify your previous act which is frustrating”.

Education and employment are other key factors in successful reintegration. The stigmatized identity accompanied with the lack of education and vocational skills for female juveniles within justice system drastically reduced their opportunities. Some of them found it hard to adjust in their schools and retain their education, experiencing bullying by teachers and their school mates. Some were deprived of employment opportunities as employers refused to hire them after learning about their criminal record.

The family also remains a site of hostility for these ex-offenders. In several instances these females adversely suffer from the hostile, discriminatory and exploitative attitude of family members as they think the female offenders brought Badnami (disrepute) that has permanently harmed familial reputation. Marriage is a significant source of successful reintegration for both genders of juvenile offenders. However, due to the honor-based strict cultural norms within Pakhtun society the ex-female juvenile offenders faced hurdles in getting married. While majority of the female juveniles suffered from forced early mirages as the family members used it as a tool to restore the dignity of families. This resulted in unsuccessful marriages characterized with exploitation by in-laws, domestic violence by the partner, separations and few were divorced.

The female juvenile ex-offender faces multilayered challenges which begin from when crime is committed and goes on to their experiences in the prison system. Upon release they experience another set of challenges that make reintegration difficult adding to their precarity. After care services are integral to successful reintegration of offenders. However, juvenile justice system lacks such services despite the lettering of the law. Gender-specific services or programs are never offered making the reintegration of the ex-female juveniles riddled with maximum hurdles.

Adding to this mix, localized patriarchal cultures can further exacerbate their precarity. Pakhtun female juvenile offenders not only grapple with a lack of services but are also impacted by strict patriarchal norms. It is imperative that culturally acceptable mechanisms of restorative justice be adopted to help in successful diversion of female juveniles from the formal juvenile justice system. This will help in reducing the adverse impacts of justice system, ensure effective and speedy justice mechanism and will minimize the risks associated with stigmatized identity.

Bio: Hailing from Dir Upper, Pakistan, Zawar Hussain is currently second-year student at LUMS.

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