Constitution of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, the supreme law of Pakistan, highlights the sense of equality amongst all citizens irrespective of their age, gender, ethnicity etc, declaring each citizen entitled to equal protection under law as per Article 25. More importantly, Article 25(3) puts special emphasis on the need for protection in regards to women and children, to shield their dignity and innocence from heinous crimes such as Child Trafficking.
Article 3 ensures the eradication of all forms of exploitation and the promotion of social justice by emphasizing the principles of equality, freedom, and the dignity of every individual. Article 11 explicitly prohibits the practice of slavery and forced labour, including child trafficking, and ensures that no person within the jurisdiction of Pakistan can be subjected to these forms of exploitation. Article 35 entitles the family to protection and emphasizes the significance of maintaining the integrity, privacy, and well-being of the family, especially the mother and children. Furthermore, Article 37 prohibits prostitution as well as the publication, display and circulation of obscene literature and advertisements which may be used as a means to coerce and manipulate innocent women and children.
National/Federal (Pre-18th Constitutional Amendment)
Pakistan Penal Code, 1860
The Pakistan Penal Code, 1860 (PPC) is the main criminal code of Pakistan. There are several provisions in the PPC that are relevant to child trafficking such as Section 365B, 366A, 366B, 367, 367A, 369A, 370, 371, 371A, and 371B.
“Section 365-B” of the PPC, 1860 pertains to kidnapping, abducting or inducing a woman to compel for marriage etc. This provision states that any person who kidnaps or abducts a woman with the foresight or intent to forcefully compel her into marriage without consent and/or subsequently induce her into illicit intercourse with a person by means of criminal intimidation, manipulation, abuse of authority etc, shall be held liable and punished with imprisonment for life as well as a fine.
“Section 366-A” of the PPC, 1860 pertains to procuration of a minor girl. This provision states that any person who persuades a girl under 18 years of age to commit a certain act by any means whatsoever, with the foresight or intent to subsequently induce her into illicit intercourse with a person, shall be held liable and punished with imprisonment of either description for a term which may extend to ten years or with fine, or with both.
“Section 366-B” of the PPC, 1860 pertains to importation of a girl from a foreign country. This provision states that any person who imports into Pakistan any girl under 21 years of age with the foresight or intent to subsequently induce her into illicit intercourse with a person, shall be held liable and punished with imprisonment of either description for a term which may extend to ten years or with fine, or with both.
“Section 367” of the PPC, 1860 pertains to kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. This provision states that any person who kidnaps or abducts a person with the intent of subjecting them to grievous bodily harm or exploitation, such as slavery, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
“Section 367-A” of the PPC, 1860 pertains to kidnapping or abducting in order to subject a person to unnatural lust. This provision states that any person who kidnaps or abducts a person with the foresight or intent of exposing or subjecting him/her to life endangerment or potential bodily harm on the account of someone’s unnatural lust, shall face the death penalty or imprisonment of either description for a term which may extend to twenty five years or with fine, or with both.
“Section 369-A” of the PPC, 1860 pertains to trafficking of human beings. This provision entails the any person who commits the act of trafficking human beings, including children, shall be held liable and punished with imprisonment for a term which shall not be less than five years and may extend up to seven years, or fine which shall not be less than five hundred thousand rupees and may extend up to seven hundred thousand rupees, or with both.
“Section 370” of the PPC, 1860 pertains to buying or disposing of any person as a slave. This provision entails that any person who imports, exports, removes, buys, sells, or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, as well as a fine.
“Section 370” of the PPC, 1860 pertains to habitual dealing in slaves. This provision entails that any person who habitually imports, exports, removes, buys, sells, traffics, or deals in slaves shall be punished with imprisonment of either description for a term not exceeding ten years, as well as a fine.
“Section 371-A” of the PPC, 1860 pertains to selling a person for the purposes of prostitution, etc. This provision states that any person who sells, lets to hire or disposes off any person with the foresight or intent of him/her being engaged in any unlawful or immoral purpose such as prostitution or illicit intercourse with any person, shall be held liable and punished with imprisonment of either description for a term which may extend to twenty five years or with fine, or with both.
“Section 371-B” of the PPC, 1860 pertains to buying a person for the purposes of prostitution, etc. This provision states that any person who buys, hires or obtains the possession of any person with the foresight or intent of him/her being engaged in any unlawful or immoral purpose such as prostitution or illicit intercourse with any person, shall be held liable and punished with imprisonment of either description for a term which may extend to twenty five years or with fine, or with both.
Prevention of Trafficking in Persons Act, 2018
Prevention of Trafficking in Persons Act, (PTPA) 2018 stands to be the landmark legislation regarding human trafficking crimes that is regulated nationwide in Pakistan. The Act primarily aims to prevent and combat trafficking in persons, especially with regard to women and children; to promote and facilitate national and international co-operation in the matter; and to protect the trafficking victims.
Section 2(a) specifies that a child under 18 years of age of any gender qualifies as a subject for the purposes of this Act. Section 3 criminalizes forced labor and sexual trafficking by specifying in Section 3(1) that any individual who obtains or abducts a child or a woman, or attempts to do so, with the foresight or intent of engaging that individual with forced labour or commercially sexual explicit conduct by means of coercion, intimidation, apprehension of force etc, shall be held liable and may face imprisonment of a term which may extend up to seven years or a fine which may exceed to one million rupees, or both. More importantly, Section 3(2) specifies that where the offense is perpetrated against a child or a woman, the severity of the penalties increases. In such cases, the perpetrator is subjected to imprisonment for a term not exceeding ten years, with a minimum sentence of two years, a fine of up to one million rupees, or both.
Section 4 prescribes that in case of any (a) grievous bodily harm, life-threatening illness or death of the victim or another person, (b) activity of an organized criminal group, (c) confiscation or destruction of any travel document of the victim to seclude or confine the individual, and (d) repetition of the offense by the same offender, shall be held liable and may face imprisonment for a term which may extend to fourteen years and which shall not be less than three years and fine which may exceed to two million rupees. Section 8(1) and (2) imposes liability on the police for conducting the investigation and on the Federal Investigation Authority (FIA) if, in any case, the victim was transported outside of the state for carrying out the offense.
Child Marriage Restraint Act, 1929
The Child Marriage Restraint Act, 1929 primarily focuses on prohibiting child marriages and sets a minimum age for marriage to be 16 years of age for girls and 18 years for boys. The law is applicable in ICT, Balochistan, and KP, and provinces such as Punjab and Sindh have enacted their own legislation. While the Act does not specifically address child trafficking, there are provisions within the Act that can indirectly be applied to combat child trafficking.
Section 4 states that that anyone who contracts a child marriage shall be punished with imprisonment for six months and/or a fine of fifty thousand rupees. This provision can be utilized to hold individuals involved in child trafficking accountable if they are found to be facilitating or participating in child marriages as a means of trafficking. Moreover, Article 5 states that anyone who performs, conducts, or directs any child marriage ceremony shall also be liable for the same punishment. This provision can be applied to individuals involved in organizing or facilitating child trafficking activities, as they may be involved in arranging marriages as part of the trafficking process.
The Employment of Children’s Act, 1991
The Employment of Children’s Act, 1991 aims to protect the rights of children and prevent their exploitation in the workplace within ICT. The Act prohibits the employment of children in certain hazardous occupations and sets regulations for their working conditions, protecting children from exploitation.
Section 3 prohibits the employment of children under the age of 14 in any occupation, as well as the employment of adolescents, between the ages of 14 and 18, in hazardous occupations. Section 5 limits the number of hours a child can work, which ought not to exceed 7 hours for an Adolescent accompanied with adequate breaks in order to prevent children from working overtime. Additionally, under Section 2(1) the Schedule provides a list of seven hazardous occupations, including child domestic labour, and fourteen processes where the employment of Adolescents is prohibited, highlighting the importance of their health and safety and protecting them from exploitation. The Schedule prohibits acts such as working in mines, factories, construction sites, handling hazardous substances, and more. The Schedule aims to ensure the safety and well-being of Adolescents by preventing their engagement in work that may pose a risk to their health, safety, or morals.
Bonded Labour System (Abolition) Act, 1992
The Bonded Labour System (Abolition) Act, 1992 aims to eradicate bonded labour and protect the rights of workers in ICT. The Act aims to put an end to the exploitative practice of bonded labour.
Section 4 prohibits the practice of bonded labour, where individuals are forced to work to repay a debt or obligation. It declares bonded labour as illegal and provides for the release and rehabilitation of bonded laborers. Section 10 and Section 15 mandates the District Magistrate to appoint a Vigilance Committee to identify and release bonded labourers from bondage. Section 11 imposes penalties on individuals or establishments found engaging in bonded labour practices by prescribing punishment of imprisonment for a minimum two years which may exceed to five years, or a fine of fifty thousand rupees, or both.
Provincial Legal Framework on Child Trafficking
Islamabad Capital Territory (ICT)
The Islamabad Capital Territory Child Protection Act, 2018
The Islamabad Capital Territory Child Protection Act, 2018 is a legislation that primarily focuses on the protection and welfare of children in Islamabad, Pakistan. The Act aims to safeguard children from various forms of abuse, neglect, exploitation, and violence. The Act includes provisions relating to child protection services, reporting mechanisms for child abuse, establishment of child protection committees, and measures for rehabilitation and support of child victims.
Section 5 entails that a child who is currently enduring or may be subjected to endure potential grievous bodily harm in the form of child abuse or child exploitation while living under the care of a legal guardian, or a child who belongs from a hostile environment; is found unattended by a caretaker, or has been made victim to an offence, may qualify as a subject for the purpose of this Act. Section 10 and 11 stresses on the need for the establishment of Child Protection Institutions and subsequently imposes liability on them to monitor child protection initiatives, coordinate with relevant stakeholders, and take necessary actions to safeguard the rights and well-being of children in the region.
The Islamabad Capital Territory Domestic Workers Act, 2022
The Islamabad Capital Territory Domestic Workers Act, 2022 aims to protect the rights and welfare of domestic workers in ICT. The Act ensures fair wages, safe working conditions, and social security benefits for these workers. The Act also prohibits the engagement of children in domestic work and emphasizes the need to provide safe working conditions for domestic workers in the province.
Section 2(h) defines ‘Domestic Worker’ as any person, whether male or female, who carries out productive work within their own home or dwelling. This work can be in the form of child care, old age care, sick care or natal/post-natal care. Section 3 prohibits the engagement of a child under fourteen years of age, in domestic work. The provision recognises the rights and well-being of children, ensuring their access to education, and protecting them from exploitative labour practices. Moreover, Section 4 grants several rights to domestic workers including fair wages, safe working conditions, healthcare facilities, social security benefits, working hours, and non-discrimination. The provision also aims to abolish the forced bonded labour system under Section 4(a), emphasizing the importance of eradicating this exploitative system and ensuring that individuals are no longer forced into bonded labour to repay debts or loans.
PUNJAB
The Punjab Destitute and Neglected Children Act, 2004
The Punjab Destitute and Neglected Children Act (PDNCA), 2004 is a legislation aimed at protecting and providing support to children who are destitute and neglected. The Act establishes mechanisms for the identification, rescue, care and rehabilitation of such children in Punjab.The Act outlines responsibilities of the government, non-governmental organizations, and individuals in ensuring the welfare and well-being of these children.
Section 3(k) and Section 3(k)(v) specifies that a destitute and neglected child is a child who is deprived of adequate food, clothing, shelter, medical care, education, or supervision, including a child who may be subjected to any potential harm, with the intent or foresight to engage the child in any immoral or explicit acts for exploitation. To protect destitute and neglected children, the Act provides for the establishment of a Child Protection and Welfare Bureau, Child Protection Units, Child Protection Institutions and Child Protection Courts.
Section 36, 36A, and 36B addresses punishment for employing children for begging, employing children to sell goods with the intention of begging, and inciting a child for rag picking. The provisions entail that whoever engages in such practices shall face imprisonment for a term which may extend to five years but shall not be less than three months, and with fine which may extend to one hundred thousand rupees but shall not be less than ten thousand rupees. It emphasizes the importance of protecting the rights and welfare of vulnerable children in Punjab.
The Punjab Bonded Labour System (Abolition) Act, 1992
The Punjab Bonded Labour System (Abolition) Act, 1992 is a legislation enacted in the province of Punjab to address the issue of bonded labour. The Act aims to eradicate the practice of bonded labour and provide legal protection to the affected individuals.
Section 2(c) defines a ‘bonded labourer’ as a person who is forced to work to repay a debt or loan. Section 4 emphasizes the importance of eradicating this exploitative system and ensuring that individuals are no longer forced into bonded labour to repay debts or loans. Section 11 entails that anyone who compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years and not more than five years, or with fine which may extend to two hundred thousand rupees but shall not be less than fifty thousand rupees, or with both. Moreover, Section 15 mandates the formation of vigilance committees at district level to identify and report cases of bonded labour. These committees are responsible for rescuing bonded labourers and providing them with rehabilitation and support services.
The Punjab Prohibition of Child labour at Brick Kilns Act, 2016
The Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 aims to prevent child labour and regulate labour practices at Brick Kilns. It includes provisions to protect the rights and well-being of children, impose an age-restriction on the employment of children, ensure safe working conditions, and enforce penalties for violations. It’s an important legislation for creating a safer and a more equitable work environment for children within Punjab.
Section 5 prohibits a person to employ, engage or permit a child under 14 years of age with the intent to work at the Brick Kiln. Additionally, Section 6 imposes liability on the Occupier of Brick Kiln if a child over 5 years of age is found on the premises during school timings, in which case the child shall be presumed to be engaged with the intent to work, until proven otherwise. Moreover, Section 9 addresses the establishment of a District Labour Committee, which shall be responsible for overseeing and implementing the regulations outlined in the Act at the district level.
The Punjab Restriction on Employment of Children Act, 2016
The Punjab Prohibition of Employment of Children Act, 2016 aims to protect children from exploitation in the workforce. The Act sets certain rules and regulations regarding the employment of children in Punjab.
Section 3(1) and 3(2) prohibits the employment of children under the age of 15 in any occupation or process. It recognises that children have the right to education, health, and safety. Section 2(m) identifies hazardous occupations or processes under the Schedule where the employment of children is strictly prohibited, ensuring their safety and well-being. The Schedule includes working in mines, factories with heavy machinery, construction sites, and other dangerous environments. Section 4 mandates the Punjab Coordination Committee to monitor and ensure compliance with the Act, as well as to coordinate efforts to eradicate child labour in the province. Moreover, Section 5 addresses the permitted working hours and states that no adolescent shall be employed in any occupation or process for more than seven hours accompanied by intervals. The Act aims to strike a balance between allowing children to work in certain circumstances while ensuring their education, health, and overall well-being are not compromised.
Khyber-Pakhtunkhwa
The Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015
The Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015 is a legislation enacted in the province of KP to address the issue of bonded labour. The Act aims to eradicate the practice of bonded labour and provide legal protection to the affected individuals.
Section 2(c) defines a ‘bonded labourer’ as a person who is forced to work to repay a debt or loan. Section 3 emphasizes the importance of eradicating this exploitative system and ensuring that individuals are no longer forced into bonded labour to repay debts or loans. Section 14 entails that anyone who compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years and not more than five years, or with fine which may extend to two hundred thousand rupees but shall not be less than fifty thousand rupees, or with both. Moreover, Section 19 mandates the formation of vigilance committees at district level to identify and report cases of bonded labour. These committees are responsible for rescuing bonded labourers and providing them with rehabilitation and support services.
The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010
The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 focuses on the protection and welfare of children in KP. The Act recognises and upholds the fundamental rights of children, including the right to survival, development, protection, and participation, as well as criminalizing various forms of child abuse, including physical, sexual emotional abuse, child labor, child trafficking, and child marriage.
Section 3 establishes the Khyber Pakhtunkhwa Child Protection and Welfare Commission and the functions of the commission are outlined under Section 4, including policy formation, monitoring, evaluation, research, advocacy, capacity building, complaints and redressal, as well as coordination and collaboration with government departments and agencies such as NCRC, civil society organizations, and other stakeholders working for child protection. Section 6 establishes child protection committees at the district, tehsil, and union council levels to ensure the effective implementation of child protection measures. Moreover, Section 9 establishes the Child Protection Unit at district level and functions of the Unit are outlined under Section 10, including prevention and response, reporting and investigation, rehabilitation and support, capacity building, as well as collaboration and coordination.
Furthermore, Section 35 entails that whoever by words or gestures, incites or attempts to incite, deceit, or allow a child to engage in any activity which is detrimental to the child’s physical, mental, and social well-being, shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to one hundred thousand rupees, or both. Section 38 entails that anyone who engages a child in any activity or vocation which might be dangerous, harmful, hazardous or detrimental to the child’s health and safety, shall be held liable. Section 39 prescribes punishment for whoever engages in such abusive practices by imposing a penalty of imprisonment for a term which may extend to three years, or fine which may extend to one hundred thousand rupees, or both. Section 40 entails that anyone who illegally sells, purchases, delivers, transports, imports, exports, keeps or deals in any manner whatsoever in the organs of a child, either directly or indirectly, shall be held liable. Section 41 prescribes punishment for whoever deals in organs of a child by imposing a penalty of imprisonment for life and a fine which may extend to one million rupees. Section 44 entails that whoever, not being a parent, having the actual charge of or control over a child, willfully assaults, ill-treats, neglects, abandons, or exposes the child to be assaulted physically, or negligently commits an act that may be detrimental to the child and cause mental and physical suffering, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees. Section 45 entails that whoever employs a child for begging, shall be held liable and imprisoned for a term which may extend to three years, and with fine which may extend to fifty thousand rupees. Section 50 entails that whoever seduces a child, by any means whatsoever, with the intent to engage the child in any sexual activity or exposes the child to obscene and sexually explicit material, shall be punished with imprisonment for a term which may extend to seven years or a fine which may extend to ten hundred thousand rupees, or both. Section 52 entails that whoever involves himself with child trafficking in Pakistan, shall be punished with imprisonment for life or which shall not be less than fourteen years, and a fine which may extend to ten hundred thousand rupees but shall not be less than five hundred thousand rupees. The Act emphasizes the importance of protecting the rights and welfare of vulnerable children in KP.
The Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015
The Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 aims to protect children from exploitation in the workforce. The Act sets certain rules and regulations regarding the employment of children in KP.
Section 3(1) and 3(2) prohibits the employment of children under the age of 14 in any occupation or process. It recognises that children have the right to education, health, and safety. However, the provision permits for certain exceptions, such as engaging a child not below the age of 12 in light work that is not harmful to the child’s health or development, as long as it does not interfere with their education and is provided in a safe environment. Section 2(p) identifies hazardous occupations or processes under the Schedule where the employment of children is strictly prohibited, ensuring their safety and well-being. The Schedule includes working in mines, factories with heavy machinery, construction sites, and other dangerous environments. Section 5 mandates the Khyber Pakhtunkhwa Coordination Committee to monitor and ensure compliance with the Act, as well as to coordinate efforts to eradicate child labour in the province. Moreover, Section 7 addresses the permitted working hours and states that no adolescent shall be employed in any occupation or process for more than seven hours accompanied by intervals. The Act aims to strike a balance between allowing children to work in certain circumstances while ensuring their education, health, and overall well-being are not compromised.
The Khyber Pakhtunkhwa Home Based Workers (Welfare and Protection) Act, 2021
The Khyber Pakhtunkhwa Home-Based Workers (Welfare and Protection) Act, 2021 aims to protect the rights and welfare of home-based workers in KP. The Act ensures fair wages, safe working conditions, and social security benefits for these workers. The Act also prohibits child labour and promotes the formation of associations or unions to protect worker’s rights.
Section 2(e) defines a ‘home-based worker’ as any person, whether male or female, who carries out productive work within their own home or dwelling. This work can be in the form of manufacturing, processing, assembling, packaging, or any other activity that falls within the scope of the Act. Section mandates the Labour Department to maintain a record of home-based workers, conduct awareness and training programs, monitor progress, address grievance redressal, and collaborate with relevant stakeholders to ensure the effective implementation of the Act. Section 5 grants several rights to home-based workers including fair wages, safe working conditions, social security benefits, and non-discrimination. Moreover, Section 7(c) prohibits the engagement of children under 14 years of age in home-based work and aims to abolish bonded labour under Section 7(d) of the Act.
SINDH
The Sindh Bonded Labour System (Abolition) Act, 2015
The Sindh Bonded Labour System (Abolition) Act, 2015 is a legislation enacted in the province of Sindh to address the issue of bonded labour. The Act aims to eradicate the practice of bonded labour and provide legal protection to the affected individuals.
Section 2(c) defines a ‘bonded labourer’ as a person who is forced to work to repay a debt or loan. Section 4 emphasizes the importance of eradicating this exploitative system and ensuring that individuals are no longer forced into bonded labour to repay debts or loans. Section 11 entails that anyone who compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years and not more than five years, or with fine which shall not be less than one lac rupees, or with both. Moreover, Section 15 mandates the formation of vigilance committees at district level to identify and report cases of bonded labour. These committees are responsible for rescuing bonded labourers and providing them with rehabilitation and support services.
The Sindh Child Protection Authority Act, 2011
The Sindh Child Protection Authority Act, 2011 focuses on the protection and welfare of children. It establishes the Sindh Child Protection Authority which is responsible for implementing and overseeing child protection measures in the province. The Act recognises and upholds the fundamental rights of children, including the right to survival, development, protection, and participation, as well as criminalizing various forms of child abuse, including physical, sexual emotional abuse, child labor, child trafficking, and child marriage.
Section 3 establishes the Authority as a dedicated body responsible for the protection, care, and rehabilitation of children in need of special protection measures. Section 10 outlines the functions of the Authority, including developing policies, coordinating efforts, monitoring, evaluating, documentation, capacity building, and more. Section 13 provides for the establishment of Child Protection Committees at the district, tehsil, and union council levels to ensure the effective implementation of child protection measures. Moreover, Section 16 mandates the establishment of Child Protection Units in each district to provide immediate assistance and support to children in need of protection.
The Sindh Prohibition of Children Employment Act, 2017
The Sindh Prohibition of Employment of Children Act, 2017 aims to protect children from exploitation in the workforce. The Act sets certain rules and regulations regarding the employment of children in Sindh.
Section 3(1) prohibits the employment of children under the age of 14 in any occupation or process, and Section 3(2) prohibits the employment of adolescents in hazardous occupations. The provision recognises that children have the right to education, health, and safety. However, the provision impliedly permits for certain exceptions, such as engaging a child in light work that is not harmful to the child’s health or development, as long as it does not interfere with their education and is provided in a safe environment. Section 2(xv) identifies hazardous occupations or processes under the Schedule where the employment of children is strictly prohibited, ensuring their safety and well-being. The Schedule includes working in mines, factories with heavy machinery, construction sites, and other dangerous environments. Section 5 mandates the Sindh Coordination Committee to monitor and ensure compliance with the Act, as well as to coordinate efforts to eradicate child labour in the province. Moreover, Section 7 addresses the permitted working hours and states that no adolescent shall be employed in any occupation or process for more than seven hours accompanied by intervals. The Act aims to strike a balance between allowing children to work in certain circumstances while ensuring their education, health, and overall well-being are not compromised.
BALOCHISTAN
The Balochistan Employment of Children (Prohibition & Regulation) Act, 2021
The Balochistan Employment of Children (Prohibition & Regulation) Act, 2021 aims to protect children from exploitation in the workforce. The Act sets certain rules and regulations regarding the employment of children in Balochistan.
Section 3(3) prohibits the employment of children under the age of 14 in any occupation or process, and Section 3(1) prohibits the employment of adolescents in hazardous occupations. The provision recognises that children have the right to education, health, and safety. However, the provision under Section 3(4) permits for certain exceptions, such as engaging a child in light work that is not harmful to the child’s health or development, as long as it does not interfere with their education and is provided in a safe environment. Section 2(1)(s) identifies hazardous occupations or processes under Schedule Part I & II where the employment of children is strictly prohibited, ensuring their safety and well-being. The Schedule Part I & II includes working in mines, factories with heavy machinery, construction sites, and other dangerous environments. Section 5 mandates the Balochistan Coordination Committee to monitor and ensure compliance with the Act, as well as to coordinate efforts to eradicate child labour in the province. Moreover, Section 7 addresses the permitted working hours and states that no adolescent shall be employed in any occupation or process for more than eight hours accompanied by intervals. The Act aims to strike a balance between allowing children to work in certain circumstances while ensuring their education, health, and overall well-being are not compromised.
Balochistan Child Protection Act, 2016
The Balochistan Child Protection Act, 2016 is an important legislation that focuses on safeguarding the rights and well-being of children in Balochistan. It contains several provisions aimed at preventing and addressing child abuse, neglect, exploitation and mental violence.
Section 2(e) specifies that a child below the age of 18 shall be entitled to protection under the Act. Section 3 emphasizes the right to life of every child to protect their fundamental right to live in a safe and secure environment, free from any form of harm or abuse. Section 4 emphasizes the principle of the best interests of the child. This provision entails that when a child is in need of protection, the decisions and actions taken should prioritize the child’s well-being, safety, and development. The Act ensures that the child’s best interests are considered when determining appropriate interventions, support services, and care arrangements. Section 5 outlines the definition and criteria for a child in need of protection. The provision states that a child in need of protection refers to a child who has been or is at risk of being subjected to abuse, neglect, exploitation, violence, or any other form of harm that may be detrimental to their well-being and development. The provision serves as a basis for identifying and addressing the needs of children who are in vulnerable circumstances, ensuring that appropriate measures are taken to protect and safeguard their rights.
The institutional framework consists of the Commission of Child Protection, Committee of Child Protection, and District Child Protection Unit which have been delegated specific roles and powers under the Act. Section 7, 9 and 10 address the establishment and functions of the Commission of Child Protection under the Social Welfare department. The provisions entail that the Commission is mandated to develop policies, conduct research and investigation on contemporary child protection issues, monitor the implementation of law enforcement agencies, recommend preventive measures, and coordinate with government organizations. Moreover, Section 11 addresses the establishment of a District Child Protection Unit which is responsible for implementing child protection measures at the district level. The Child Protection Unit is tasked with receiving and investigating reports of child abuse, coordinating rescue operations for children in need of protection, and providing necessary support and services to affected children and their families. It collaborates with the Child Protection Commission and other relevant stakeholders to ensure the effective implementation of child protection policies and programs.
Section 19 focuses on the functions of the Child Protection Officer in cases where a child is, or may be subjected to imminent significant harm. The provision states that the officer is responsible for evaluating the circumstances and if the child is found to be in imminent danger, the officer has the authority to take necessary steps to protect the child, such as removing them from the harmful setting and arrange for their safety. The officer is tasked with (a) conducting a thorough investigation into the case, gathering evidence, and documenting the relevant details, (b) collaborating with other agencies, such as law enforcement, social services, and healthcare providers, to ensure a comprehensive and coordinated response to the child’s needs, and (c) may offer support services to the child victim and families, such as counseling, therapy, or access to appropriate resources to address the underlying issues and promote the child’s well-being.
The Balochistan Home-Based Workers Act, 2022
The Balochistan Home-Based Workers Act, 2022 aims to protect the rights and welfare of home-based workers in Balochistan. The Act ensures fair wages, safe working conditions, and social security benefits for these workers. The Act also prohibits child labour in domestic settings under 14 years of age and promotes the formation of associations or unions to protect worker’s rights.
Section 2(q) defines a ‘home-based worker’ as any person, whether male or female, who carries out productive work within their own home or dwelling. This work can be in the form of manufacturing, processing, assembling, packaging, or any other activity that falls within the scope of the Act. Section 3 mandates the Labour and Manpower department to establish a Provincial Council. Section 4 entails that the Council will serve as a representative body to maintain record of home-based workers, incorporate minimum wages, monitor progress, and to establish Regional, District and Sub-District Arbitration Committees, as required, to ensure the effective implementation of the Act. Section 5 emphasizes the importance of providing social security benefits to these workers. The provision urges the government to establish a comprehensive social security scheme for home-based workers, to provide financial assistance, healthcare, and other social benefits to support the well-being of home-based workers and their families. Moreover, Section 6 aims to protect the rights of home-based workers, prevent exploitation, and promote their overall well-being. The Provision establishes a framework for fair and dignified working conditions for these workers, along with prohibiting child labour, forced labour, freedom of association, discrimination, violence and sexual harassment. The provision also requires employers to maintain records of home-based workers and their work, ensuring transparency and accountability.