Allah Bux Bhatti

Child labour in Pakistan still remains an alarming issue. It is estimated that more than 3.3 million Pakistani children are engaged in child labour. Also, it is stated, ‘one in every four households in Pakistan employs a child in domestic work, predominantly girls, age 10 to 14 years’.

There are many reasons that drive children to labour work and among all the reasons, poverty and the lack of education are the primary reasons that force a child into labour, as families may rely on their children’s wages to supplement household income. Child labor is further harmed with lack of access to excellent education, as many children are unable to attend school and instead enter the labor sector at an early age.

Despite efforts to address it through various legislative frameworks and initiatives to properly protect children from exploitative labor practices, the country faces various problems. Here are some important considerations about child labor and child protection and what has been legislated till now to protect child labour in Pakistan.

The Employment of Children Act, 1991: This law prohibits the employment of children in certain hazardous occupations and processes. It sets the minimum age for employment at 14 years and prohibits the engagement of children in 38 hazardous occupations and processes including domestic employment which is also prohibited by law.

According to Section 14 of the said Act: “Whosoever employs any child or permits any child to work in occupations and processes mentioned above, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to PKR50, 000 or with both.”

Child Protection Laws in Pakistan

S. No Statutes Definition of Child 
1.       ISLAMABAD CAPITAL TERRITORY CHILD PROTECTION ACT, 2018 Child: any person who has not attained the age of eighteen years
2.       NATIONAL COMMISSION ON RIGHTS OF CHILD ACT, 2017 Child: any person who is below the age of eighteen years
3.       JUVENILE JUSTICE SYSTEMS ACT, 2018 Child: for the purpose of this act a person who has not attained the age of eighteen years.

Court shall decide the case within 6 months

Special care for female child, Security and privacy should be priority.

4.       KPK CHILD PROTECTION AND WELFARE ACT, 2010 Child: a person who has not attained the age of eighteen years

Amendment (2022) of Section;10(4)Child protection courts should be established and trial should be completed within 30days.

Prohibition of Employment of Children under Domestic Laws in Pakistan

S. No Statues Definition of child for Employment
 1.  THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973  No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment
2.      THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933 Child: any person who is under the age of fifteen years
3.       EMPLOYMENT OF CHILDREN ACT, 1991 Child: a person who has not completed his fourteen year of education.
4.        ICT PROHIBITION OF EMPLOYMENT OF CHILDREN ACT, 2018

 

Adolescent: a person who has completed his fourteenth , but not completed  eighteenth of his age

Child: any person who has not completed his/her fourteen years of age.

Can not do any work which exceeds 3 hours a day

Hazardous work: the work which by its nature or the circumstances in which it is carried out is likely to harm or jeopardize the health , safety or morals of children and adolescent

Light work: work which is not likely to harm the health or impede the physical or mental development of a child engaged in the work

 

4.       KPK PROHIBITION OF EMPLOYMENT OF CHILDREN ACT, 2015 Child: a person not completed his fourteenth year of age

child not below the age of 12 years may be engaged in the light work, alongside his family member, for a maximum of two hours per day

 

5.       PUNJAB PROHIBITION OF CHILD LABOUR AT BRICK KILNS ACT 2016 Child: a person who has not completed the fourteenth year of age.
6.       THE PUNJAB DOMESTIC WORKERS ACT, 2019 No child under the age of 15 years should be allowed to work in a household in any capacity.

No domestic worker under the age of 18 years shall be engaged in a domestic work except involving light work in a house hold

A domestic worker shall not be employed under the bounded labour system or forced or partly forced labour system.

7.       PUNJAB RESTRICTION ON EMPLOYMENT OF CHILDREN ACT, 2016 Under section 11(a) of the Act, an occupier who employs or permits a child (person under the age of 15 years) to work in an establishment shall be liable to punishment with imprisonment for a term which may extend to 6 months, but which shall not be less than 7 days, and a mandatory fine between 10,000 and 50,000 rupees.
8.       SINDH PROHIBITION OF EMPLOYMENT OF CHILDREN ACT, 2017 Child: a person who has not completed his fourteenth years of age

No adolescent shall be employed or permitted to work in any hazardous work included in the Schedule

9. THE SINDH HOME-BASED WORKERS ACT, 2018 Child: means a person who is 14 years or below
KPK HOME BASED WORKERS (WELFARE AND PROTECTION) ACT, 2021 According to Section: 7 (c) not to engage child under the age of 14 years as it is prohibited
10. BALOCHISTAN DOMESTIC  VIOLENCE (PROTECTION AND PREVENTION) ACT ,2014 Child: any person under the age of eighteen years living in a domestic relationship with the accused and includes any adopted, step or foster child.
11. DOMESTIC VIOLENCE (PREVENTION AND PRCTECTION) ACT, 2020 for ICT Child: any person under the age of eighteen years living in domestic relationship with the respondent and includes any adopted step or foster.

Domestic Violence : all acts of physical emotional, psychological, sexual and  economic abuse committed by a respondent against women, children, vulnerable persons, or any other person with whom the respondent is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person

Despite all the child labour protection laws, children are still subjected to torture i.e.

  1. In 2016, Tayyaba vs Raja Khurram Ali case of Islamabad, Additional District and Sessions Judge and his wife harmed and abandoned their juvenile housemaid. Over the notice of neighbours, police found the girl with severe injuries which was subsequently affirmed by PIMS.
  2. In 2017, Abida vs Maria case in Lahore, a 9 year-old girl who was working at the house of a prominent figure from the fashion industry, was severely tortured in the same way, as Tayyaba was tortured in Islamabad.
  3. In 2023, in a case titled as Rizwana vs Somia Asim, a 13 year old girl was tortured by the wife of a civil judge who was admitted in Lahore Hospital. Subsequently, doctors conducted plastic surgery of her face due serious injuries. Parents of the girl alleged that the family of the civil judge lashed the girl by falsely accusing her of theft.

These instances are from notable individuals and legal professionals. However, what about those cases that do not feature in the news or go unreported?

Pakistan is a signatory to international conventions such as the International Labor Organization’s (ILO) Convention No. 182 on the Worst Forms of Child Labour and Convention No. 138 on the Minimum Age for Employment. These commitments highlight the country’s obligation to eliminate the worst forms of child labor. Article 1 of the Conventions on The Rights of Child (CRC), defines the child as any human being below the age of 18. Article 2(2) states that the States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members. All the actions in concern with children state is duty bound to protect them to the best interest of the child. Article 19(1) states that the State shall take all measures to insure legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence.

In Pakistan, a legal framework which safeguards the rights of Children and regulates the activities of children are contained in the National Commission on the Rights of Child (NCRC). According to Section 15 of the NCRC Act 2017, the functions of the Commission are to examine and review the legislations related to children to make appropriate recommendations for child protection. Also, its function is to recommend strategies for effective implementation regarding national and international obligations.

This tells us how our legal frameworks and case laws have been used in Pakistan to address child labour. It is crucial to highlight, however, that the effectiveness of these laws is dependent on enforcement, knowledge, and collaboration among diverse stakeholders, including government agencies, non-governmental organizations, and the general public. The issue of child labor necessitates continual efforts to safeguard children’s safety and well-being, access to education, and freedom from exploitative labor practices.

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