Policy and Law-Child Domestic Labour

Various laws have been enacted at both national and provincial government to combat child labour. As labour is a provincial subject, each province, along with the Islamabad Capital Territory, has enacted its own laws to regulate and prohibit child labour including child labour in domestic settings.

Constitution of the Islamic Republic of Pakistan, 1973

Article 3 of the Constitution of Pakistan,1973 ensure the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability, to each according to his work.

Article 11 of the Constitution of Pakistan prohibits all forms of slavery, forced labour, human trafficking, employment of children younger than 14 years, and working of children in hazardous places.

Article 25 states that all citizens are entitled to equal protection of the law and empowers states to make special provisions to protect women and children.

Article 25-A provides that the state shall provide free and compulsory education to all children of five to sixteen years.

Article 35 provides that the state shall protect the family and the child. Article 37(e) secures just and humane work conditions and ensures that children and women are not employed in vocations unsuited to their age or sex.

Pakistan Penal Code, 1860

The Pakistan Penal Code of 1860 is a comprehensive code covering all major aspects of criminal law in Pakistan. In 2016, a new section, 328A, was added to the Pakistan Penal Code. It states that “Whoever willfully assaults, ill-treats, neglects, abandons or does an act of omission or commission, that results in or has, potential to harm or injure the child by causing physical or psychological injury to him shall be punished with imprisonment of either description for a term which shall not be less than one year and may extend up to three years, or with fine which shall not be less than twenty-five thousand rupees and may extend up to fifty thousand rupees, or with both.”

If someone employs a child as domestic labour and the child is subjected to any form of assault, ill-treatment, or neglect, then the employer would be held liable under this section of the law. In case of child domestic labour, if the employer is found guilty of assaulting or ill-treating the child, or if the employer is found to have caused physical or psychological harm to the child, then they may be punished with imprisonment for a term that shall not be less than one year and may extend up to three years, or with a fine that shall not be less than twenty-five thousand rupees and may extend up to fifty thousand rupees, or with both.

ICT/Provincial Labour Laws Dealing with Child Domestic Labour 

There are two types of labour laws that prohibits the employment of children as domestic labour in Pakistan. They either concern the prohibition and regulation of the employment of children or the regulation of the working conditions of domestic workers(2).

Employment of children as domestic workers is not allowed in the Islamabad Capital Territory for children under 16 years of age. Previously, it was 14 years under the Employment of Children Act, 1991. In Balochistan, domestic work is not allowed for children below 18 years under Balochistan Employment of Children   (Prohibition and Regulation) Act, 2021. In Punjab, domestic work is not allowed for children under 15 years of age, but light work is allowed for 15-18 year olds, considering it does not affect the health, safety and education of domestic workers.

Both Khyber Pakhtunkhwa and Sindh provinces are silent on the issue of child domestic labour. Both provinces define children as persons below 14 years of age and prohibit the employment of children below 14 years of age in “establishments” under the KP Prohibition of Employment of Children Act, 2015 and the Sindh Prohibition of Employment of Children Act, 2017 in the respective provinces. Both provinces have also enacted laws to regulate domestic work, but neither law prohibits the employment of children in domestic settings, as is the case in ICT and Punjab’s domestic work laws.

ICT/Provincial Child Protection Laws

Child Protection Laws in Pakistan All provinces and the ICT region have child protection laws in place to ensure that children have access to functioning child protection systems. With the exception of the Sindh Child Protection Authority Act 2011 and Islamabad Capital Territory Child Protection Act 2018, the other protection laws do not directly address child domestic labour, but provide protection to all children from abuse, violence, neglect and exploitation including child domestic labour, when they are vulnerable and in need of the care and protection provided by law, i.e. Khyber Paktunkhwa Child Protection and Welfare Act, 2010 (“child at risk”), Balochistan Child Protection Act, 2016 (“child abuse”, “child exploitation”, “neglect or negligent treatment”, “mental violence”, “maltreatment”), and Punjab Destitute and Neglected Children Act, 2004 (“destitute and neglected child”).

ICT/Provincial Education Laws

According to Article 25-A of the Constitution of Pakistan, all provinces including Islamabad Capital Territory, Punjab, KP, Sindh, and Balochistan have enacted laws to provide free and compulsory education to children from five years to sixteen years of age, such as The Right to Free and Compulsory Education Act, 2012 (ICT), The Punjab Free and Compulsory Education Act, 2014, The Sindh Right of Children to Free and Compulsory Education Act, 2013, The Balochistan Compulsory Education Act, 2014, and The Khyber Pakhtunkhwa Right of Children to Free and Compulsory Education Act, 2014. However, these laws are not adequately enforced due to a lack of necessary enforcement notifications and rules. There are also various problems within the education system, such as insufficient budget, poor infrastructure, inadequate administration, poor quality of teachers, and inadequate policy implementation (NCRC, 2022). Strict enforcement of education laws could address the problem of children not enrolled in school, low enrolment and attendance rates, and ultimately reduce the incidence of child domestic labour in Pakistan.

ICT/Provincial Bonded Labour Laws in Pakistan

Laws abolishing bonded labour are somewhat applicable to child domestic labour in Pakistan (Qindeel Shujaat, 2023). The Bonded Labour System (Abolition) Act was enacted in 1992. It abolishes the bonded labour system in Pakistan and exempts all bonded labourers from any obligation to perform such labour. The Act provides for the formation of district-level vigilance committees comprising representatives of the government, social services, lawyers and journalists to monitor the implementation of the Act and assist in the rehabilitation of freed bonded labourers. After the 18th Constitutional Amendment, each province has enacted its own laws. Therefore, the Bonded Labour System (Abolition) Act, 1992 is enforced in the ICT region while the provincial governments have enacted the following bonded labour laws:

• Punjab Bonded Labour System (Abolition) Act, 1992 (Amendment Act, 2012)
• Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015
• Sindh Bonded Labour System (Abolition) Act, 2015
• Abolition of Forced and Compulsory Labour in Balochistan Act, 2021.

Many children in Pakistan, especially those who work in domestic settings, are forced to work outside their homes, often with the consent of their parents. In some cases, they are sent to work for wealthier families to support their families. In these situations, children may be subjected to long hours of work, little or no pay or payment of a salary to their parents, physical and emotional abuse, and restricted movement. This type of child domestic labour can be considered bonded labour, as the child is forced to work and is not free to leave.