The right of children to identity is globally recognised, with the United Nations Convention on the Rights of the Child emphasising its critical importance. As a signatory to this convention, Pakistan is committed to upholding and protecting this right. Yet for many children in the country, access to legal identity remains a distant dream.
Orphans, street children and those without parental presence often struggle to gain legal recognition. This issue stems largely from insufficient sensitisation among government officials, weak advocacy and a lack of policy focus on identity rights for vulnerable children.
Pakistan’s Constitution offers a strong legal foundation. Article 4 guarantees every citizen the inalienable right to be treated in accordance with the law, without discrimination. Article 9 ensures the right to life and liberty, recognising personal identity as central to human dignity. Article 25 promotes equality and prohibits discrimination based on gender.
In 2016, NADRA introduced the Orphan Registration Policy to help fill this gap. The policy acknowledged the vulnerabilities faced by orphaned children and emphasised the importance of formal registration as a gateway to securing legal identity. However, the policy mainly covers children in registered orphanages or Child Protection Institutes — excluding thousands of street children and those in informal care arrangements.
Pakistan’s judiciary has repeatedly underscored the state’s obligation to protect children without parental care. In a landmark 2014 case, the Supreme Court directed provincial chief secretaries to assist NADRA in registering orphans and abandoned children.
The petition, filed by Abdul Sattar Edhi, responded to NADRA’s refusal to register children without legal guardians. Justice Azmat Saeed Sheikh noted that such children should not suffer for being abandoned and that their welfare is a state responsibility. In Anas Ahmed v. Government of Pakistan, the Sindh High Court ordered immediate implementation of orphan registration policies.
Similarly, the Lahore High Court in Jannat Gull v. State reaffirmed the state’s duty to protect vulnerable children and uphold their right to liberty, education, and dignity — drawing on religious obligations to care for the abandoned.
Despite clear directives and frameworks, implementation remains patchy. A UNICEF report highlights Pakistan’s alarmingly low birth registration rate: only 42.2% of children under five are registered. The report cites inconsistent provincial implementation and limited outreach. A 2022 Reuters investigation further revealed that millions of Pakistanis, including children, remain unregistered due to the absence of a father’s identity. This disproportionately affects abandoned children and those born to single or unwed mothers, exposing them to exploitation, trafficking, and child labor.
Women, particularly unmarried mothers, face intense societal and bureaucratic hurdles when attempting to register their children. Many are deterred by social stigma or by NADRA’s requirement for both parents’ information. This rigidity effectively denies legal identity to children whose fathers are absent or unknown.
As a result, these children are excluded from public services and protection programmes. Coordination gaps between NADRA, local governments and child protection institutions further delay or block registration, compounding the problem.
Although Pakistan has ratified multiple international conventions on child rights, enforcement lags behind. Weak institutional capacity, lack of resources and bureaucratic red tape create serious implementation challenges. Orphans and abandoned children, in particular, struggle to access legal identity due to inconsistent enforcement across provinces. This disconnect between policy and practice underscores the urgent need for systemic reform.
Sensitising frontline officials is crucial for translating policy into action. More inclusive registration mechanisms are needed to ensure that no vulnerable children, including those outside institutional care, are left out. Lessons from international best practices provide valuable insights. Bangladesh significantly improved registration rates between 2005 and 2008 by linking birth registration with immunisation services.
Gambia achieved a 90% registration rate by integrating registration into reproductive and child health programmes. In Ghana, community health workers were trained to support birth registration, making it more accessible at the grassroots level.
Pakistan can adopt similar models by leveraging its robust public health infrastructure. Integrating birth registration with immunisation and child health services could accelerate outreach, especially in rural areas. In Albania, geo-mapping was used to identify and register mobile populations. Colombia deployed mobile registration offices and kits to reach internally displaced persons — strategies that could be adapted for Pakistan’s underserved areas.
Another promising approach is to link registration with social safety nets. Nepal’s Child Grant Programme made birth registration a prerequisite for cash support. Bolivia tied school stipends to children’s registration status. These conditional cash transfer models incentivise early registration. Bangladesh and Ghana also collaborated with NGOs to expand access. NGOs played a pivotal role in conducting awareness campaigns, facilitating community workshops, and assisting local authorities.
To create meaningful change, NADRA must expand its orphan registration policy to cover street children and those at risk of exploitation. Officers must be trained to facilitate registration even in the absence of one or both parents. The successful Digital Birth Registration (DBR) initiative, piloted in 2014, should be scaled nationwide to improve efficiency and access.
In parallel, provincial child protection laws must be harmonised with NADRA’s policies. A simplified and expedited process should be introduced. Priority processing, minimal documentation and cross-agency coordination are essential to streamline access. Specialised training must also be provided to NADRA, local government and child protection officials to enhance their capacity and empathy in dealing with vulnerable populations.
Despite constitutional guarantees, judicial directives and progressive policies, the absence of effective implementation leaves many excluded from basic rights and protections. A coordinated, multi-pronged approach — strengthening enforcement, integrating identity services into health and welfare programmes, expanding awareness and fostering partnerships — is vital. Only then can Pakistan fulfill its constitutional and international obligations to ensure that every child is recognised, protected, and empowered through legal identity.
Article(Opinion) published in the Express Tribune on 20th April 2025
