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Child Rights (Care and Protection) Act, 2016
The Child Rights (Care and Protection) Act, 2016 focuses on safeguarding the rights and ensuring the well-being of children in AJK, including provisions related to child protection, welfare, and support services. The Act addresses various aspects such as child care, education, health, and rehabilitation for children in need for care and protection.
Section 5 pertains to the establishment of a Commission which shall be responsible to ensure the protection, promotion, and fulfilment of the rights of children in the region. It shall acquire the authority to investigate and address violations of child rights, provide support and assistance to children in need, and collaborate with relevant stakeholders to improve the well-being of children to prevent any suffering. Section 17 addresses the establishment of a District Commission for Child Welfare and Development (DCCWD), which shall be responsible for overseeing and implementing the regulations outlined in the Act at the district level. Furthermore, Section 25 addresses the establishment of a Child Protection Institution which shall serve as a safe and nurturing environment for children in need of care and protection. These institutions may provide various services such as shelter, education, healthcare, counseling, rehabilitation, legal support and other necessary support to ensure the well-being of children who have experienced abuse, neglect, or exploitation.
Azad Jammu and Kashmir Prohibition of Child Labour and Regulation of Labour at Brick Kilns Act, 2017
The Azad Jammu and Kashmir Prohibition of Child Labour and Regulation of Labour at Brick Kilns Act, 2017 aims to prevent child labour and regulate labour practices at Brick Kilns whose hazardous environment can adversely affect children’s growth, health and education. 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.
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.
If a child (under 14 years old) is employed, engaged or permitted to work at a brick kiln, the occupier is responsible for this contravention of the Act. In such cases, a labour inspector may close the brick kiln for up to seven days. Violations of the Act are punishable by imprisonment for a term of between seven days and six months, and a fine ranging from PKR 50,000 to PKR 500,000.
Children (Pledging of Labour) Act, 2017
The Children (Pledging of Labour) Act, 2017 is a legislation that aims to prevent child labour and prohibits an agreement to pledge regarding employment of children in Azad Jammu and Kashmir. It includes provisions to protect the rights and well-being of children, and enforce penalties for violations. It’s an important legislation for eradicating policies for the employment of children within Azad Jammu and Kashmir. Section 4, 5, and 6 pertains to a parent or guardian of a child, who violates the provisions of the Act by pledging the labour of their child, and the provision imposes liability on them under a Magistrate of first class as per Section 8 of the Act.
Azad Jammu and Kashmir Restriction on Employment of Children Act, 2019
The Azad Jammu and Kashmir Restriction on Employment of Children Act, 2019 aims to prevent the employment of children in various sectors and protects children from being exploited at work in Azad Jammu and Kashmir. It includes provisions to protect the rights and well-being of children, prohibit their employment in hazardous or exploitative work, and promote their education and development. It sets out regulations for the employment of children, such as minimum age requirements, working hours, and types of work that are prohibited for children. The Act serves as an essential piece of legislation that promotes the protection of children in the workforce and prioritises their well-being, education, and development.
Section 3(1) imposes an age restriction on the employment of children, prohibiting anyone to engage a child under 15 years of age with the intent to work. Therefore, the provision merely permits the employment of an Adolescent above 15 years of age. 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 3(2) the Schedule provides a list of hazardous occupations and processes where the employment of Adolescents is prohibited, highlighting the importance of their health and safety. 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 could be harmful to their health or development.
Azad Jammu and Kashmir Juvenile Justice System Act, 2021
The Azad Jammu and Kashmir Juvenile Justice System Act, 2021 primarily focuses on establishing a comprehensive juvenile justice system in Azad Jammu and Kashmir. It aims to protect the rights and welfare of children in conflict with the law, ensuring fair and age-appropriate treatment, rehabilitation, and reintegration. The Act outlines procedures, provisions, and guidelines for the juvenile justice system in Azad Jammu and Kashmir.
Section 3 entails that every child offender shall acquire the right to have access to legal representation and support granted by a Legal Practitioner, who shall be appointed by the Government or by the Juvenile Court respectively. Additionally, Section 4 provides that the Government shall designate the Court of Sessions, District Criminal Court, Judicial Magistrates of first class and Tehsil Criminal Court, to acquire the jurisdiction of a Juvenile Court. Moreover, Section 5 addresses the arrest of juveniles. It outlines the specific procedures and guidelines for the arrest and detention of juveniles, taking into consideration their age, rights, and welfare. The provision further emphasizes the importance of treating juveniles with care at an observation home and providing them with the appropriate support during the arrest process.
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