Policy and Law- Child Sexual Violence

The Federal Sexual Violence Response Framework, 2023 provides a four-year, federal-level strategy for Pakistan to prevent and respond to sexual violence. It mandates a coordinated response system encompassing primary prevention and secondary/tertiary interventions, ensuring the state fulfills its obligation to survivors. The framework prioritizes survivor support, access to justice, and protection of rights, outlining collaborative guidelines for government agencies, law enforcement, healthcare providers, and civil society organizations.

A core component of the framework is the enhancement of response mechanisms, emphasizing survivor-centered approaches that guarantee dignity and respect. It promotes accessible reporting, medical and psychological services, and legal aid. Furthermore, it focuses on strengthening the criminal justice system by improving the capacity of law enforcement, prosecutors, and the judiciary through training, specialized units, and dedicated courts, aiming to expedite the investigation and prosecution of sexual violence cases.

Legal Framework

National Level

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 Sexual Abuse.

The Constitution recognizes the inviolability of life, liberty, and dignity of a person as fundamental rights. The specific function of the right to dignity under Article 14(1) can be identified in the right that children have their physical, mental, emotional and sexual integrity be safeguarded and maintained. Failing to do so is a violation of dignity because it stunts a child’s potential for growth and diminishes their chances to freely develop their personality, which is one of the accepted definitions of dignity. 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 to be engaged in sexual activity.

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 CSV such as Section 292A, 354, 354A, 355, 365B, 366A, 366B, 367A, 371A, 371B, 375, 375A, 376, 377, 377A, 377B, 496A, 509.

“Section 292-A” of the PPC, 1860 pertains to exposure to seduction. This provision states that any person who seduces a child with the intent to coerce him/her into any sexual conduct or exposes him/her to any obscene and sexually explicit material, document, film, video or computer generated image or attempts to commit the aforesaid act, shall be held liable and punished with imprisonment for a term which shall not be less than one year and may extend up to seven years or with fine which shall not be less than one hundred thousand rupees and may exceed up to five hundred thousand rupees, or with both.

“Section 354” of the PPC, 1860 deals with assault or use of criminal force directed at a woman with intent to outrage her modesty. This provision states that any person who inflicts criminal force on a woman with the foresight or intent of debasing her modesty, shall be held liable and punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.

“Section 354-A” of the PPC, 1860 deals with assault or use of criminal force directed at a woman and stripping her of her clothes. This provision states that any person who inflicts criminal force on a woman with the foresight or intent to publicly dishonor her in that state, shall be punished with death or with imprisonment for life and a fine.

“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-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 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.

“Section 375” of the PPC, 1860 pertains to Rape. This provision entails that the criminal act of Rape constitutes on account of being committed to any person (i) by force, (ii) without consent (iii) under duress, (iv) under false belief, and (v) under 16 years of age.

“Section 375-A” of the PPC, 1860 pertains to Gang Rape. This provision entails that the criminal act of Gang Rape constitutes on account of being committed by a group of people acquiring a common intention that is directed at an individual. Offenders shall face the death penalty or life imprisonment and may also be liable to a fine.

“Section 376” of the PPC, 1860 pertains to punishment for Rape. This provision entails that any individual who, (1A) commits an offense punishable under Section 375, 375A, 377, 377B and in the course of such commission causes any hurt punishable under Section 333, 335(iv), (v), and (vi), 337(3), 337F, or (3) commits rape against a person or a minor with mental or physical disability, or (4) being a public servant, abuses power of their position to commit rape, shall face imprisonment for life or death and may also be liable to a fine.

“Section 376A” of the PPC, 1860 pertains to the disclosure of identity of a rape victim. This provision prohibits the public disclosure of a victim who has been subjected to the offenses punishable under Section 354A, 376, 376A, 377, and 377B, by means of printing or publishing, unless authorized on the grounds of a court order or the victim’s consent. Offenders may face imprisonment of either description for a term which may extend to three years and may also be liable to a fine.

“Section 377” of the PPC, 1860 pertains to unnatural offenses. This provision states that any person who commits carnal intercourse against any man, woman or animal with intent shall be held liable and punished with imprisonment of either description for a term which shall not be less than two years nor more than ten years and may also be liable to a fine.

“Section 377-A” of the PPC, 1860 pertains to Sexual Abuse. This provision entails that whoever engages a person under 18 years of age in any unlawful, immoral or sexually explicit conduct or imitation of such conduct encapsulating acts such as fondling, caressing, voyeurism etc. by means of force, coercion, inducement, enticement etc. shall be held liable.

“Section 377-B” of the PPC, 1860 pertains to the punishment of Sexual Abuse. This provision prescribes that the offender shall face imprisonment of either description for a term which shall not be less than fourteen years and may extend up to twenty years and may also be liable to fine which shall not be less than one million rupees.

“Section 496-A” of the PPC, 1860 deals with enticing or taking away or detaining with criminal intent a woman. This provision states that any person who abducts or detains a woman with the foresight or intent of enticing 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 seven years, and may also be liable to a fine.
“Section 509” of the PPC, 1860 deals with word, gesture or act intended to insult the modesty of a woman or sexual harassment. The provision states that (i) any person who insults the modesty or violates the privacy of a woman by means of a word, gesture or act done with intent, and (ii) any person who initiates inappropriate or sexually explicit conduct with a woman in the workplace by means of intimidation, coercion or apprehension of force through a word, gesture or act done with intent, shall be held liable and punished with imprisonment for a term which may extend to three years or fine which may exceed up to five hundred thousand rupees, or with both.

The Anti-Rape (Investigation & Trial) Act, 2021

The Anti-rape (Investigation and Trial) Act, 2021 addresses rape and sexual abuse crimes against women and children. Section 2(b) and 2(k) define the subjects of the Act as women and children under 18, regardless of gender, in cases involving offenses listed in Schedule II, specifically referencing sections of the Pakistan Penal Code (PPC) 1860 and the Prevention of Electronic Crimes Act (PECA) 2016. Section 3(1) mandates the Federal Government to establish Special Courts nationwide, while Section 4(1) requires local authorities to create anti-rape crisis cells and ensure public hospitals have adequate medical facilities. Section 4(2) assigns the administration of these cells to the concerned commissioner or deputy commissioner.

Section 5 outlines the duties of the Anti-Rape Crisis Cell, requiring immediate action upon receiving information about a Scheduled offense, including medico-legal examinations, evidence collection, forensic analysis, FIR registration, and other necessary acts. Section 5(3) compels police stations to inform the cell upon receiving such information, and Section 5(4) directs the Ministry of Law and Justice to issue guidelines for victim aid. Section 6(1) obligates the Legal Aid and Justice Authority to provide legal assistance to victims of Scheduled offenses, with funds specifically reserved for this purpose. Section 6(2) mandates the Special Committee to consult with the Ministry of Human Rights to form a panel of advocates and volunteers for pro bono legal assistance. Section 7 assigns the Ministry of Law and Justice the responsibility of designating a Prosecutor General and Special Prosecutors for Scheduled offense cases.

Section 8(1) establishes a Victim and Witness Protection System with guidelines for implementation, including security arrangements, identity concealment, remote testimony, relocation, financial assistance, compensation, and safe houses. Section 8(2) emphasizes timely execution and adherence to the Witness Protection, Security and Benefit Act, 2017 if rules are impeded. Section 9 details investigation procedures, with Section 9(1) requiring female police officers for Schedule I offenses and Section 9(2) establishing a Special Joint Investigation Team (JIT) for Schedule II offenses, which must include at least one female member. Section 9(4) mandates the JIT to submit reports to the Special Court through the Prosecutor General or Special Prosecutors, and Section 10 allows investigations to include related non-scheduled offenses. Section 11 focuses on victim well-being during trials, advising the Anti-Rape Crisis Cell to appoint Independent Support Advisers. Section 11(4) specifies that advisors can be doctors, psychologists, healthcare workers, social workers, or lawyers. Section 12 mandates in-camera trials to protect victims and witnesses, prohibiting publication or broadcasting of trial documentation without court approval, and Section 13 declares dehumanizing evidence inadmissible.

Criminal Procedure Code, 1898

The Criminal Procedure Code (CPC), 1898 establishes the legal framework for the investigation, prosecution, and trial of criminal offenses in Pakistan. The Code outlines the procedures that must be adhered to in order to ensure a fair and just criminal justice system. It protects the rights of the accused, ensures proper evidence collection, and promotes transparency in the legal process, serving as a comprehensive guide for the administration of criminal justice in Pakistan. There are several provisions in the Code which are relevant to this study.

“Section 53A” of the CPC, 1898 pertains to the examination of a person accused of rape by a medical practitioner. The provision entails that a medical practitioner must conduct a thorough examination of the individual accused of commiting rape against a person. This examination includes collecting evidence, such as bodily fluids or injuries, to determine the involvement of the accused in the alleged crime. It helps ensure a fair investigation and provides valuable evidence in rape cases.

“Section 154” of the CPC, 1898 pertains to the information of cognizable offenses. The provision entitles every individual to provide information to the police regarding the occurrence of a cognizable offense. The police are then required to record the information in writing and file a First Information Report (FIR). This helps initiate the investigation and ensures that the police take appropriate action in response to the reported offense.

“Section 164A” of the CPC, 1898 pertains to the medical examination of a rape victim. The provision entails that a medical practitioner must conduct a thorough examination of the individual subjected to rape. The practitioner must follow certain procedures, which includes ensuring the privacy and dignity of the victim, conducting the examination in the presence of a female medical practitioner, and providing necessary medical treatment and support. The practitioner is also required to prepare a detailed report of the examination findings, which can be used as evidence in the legal proceedings.

“Section 164B” of the CPC, 1898 pertains to the DNA Test. This provision requires a medical practitioner to collect the Deoxyribonucleic Acid (DNA) samples from the victim while conducting a medical examination under Section 164A, with either the consent of the victim, or in case of a minor, with the consent of a parent or legal guardian. The provision also required a medical practitioner to collect DNA samples from the accused to determine the involvement of the accused in the alleged crime.
“Section 344A” of the CPC, 1898 pertains to the conclusion of the trial. This provision requires the Court to deliver a judgment on a case regarding offenses under Section 354A, 366, 377, and 377B of the PPC, 1860, within the time frame of three months, otherwise the case will be referred to the Chief Justice of the High Court for appropriate directions.

Qanoon-e-Shahadat, 1984

Qanoon-e-Shahadat, or Evidence Law, is an important legal framework in the context of child sexual abuse in Pakistan. It helps establish rules and procedures for presenting and evaluating evidence in court. In cases of CSA&E, the law plays a crucial role in ensuring that the evidence is gathered, preserved, and presented in a fair and just manner in court. It helps protect the rights of the child victims and ensures that their testimony is given due consideration. Qanoon-e-Shahadat aims to promote justice and accountability by providing guidelines for the admissibility and weight of evidence, which is vital in seeking justice for child victims of sexual abuse.

Under Section 59, the investigating officer may solicit the help of technical experts for professional evidence in fingerprints, handwriting, chemicals, explosives, medicines and others. Expert opinions can be valuable in cases that require specialized knowledge or technical expertise, such as forensic analysis or medical examinations related to child sexual abuse. This provision ensures that the court takes into account the qualifications and credibility of the expert to make informed decisions.

The Protection against Harassment of Women at Workplace, 2010

The Protection against Harassment of Women at the Workplace, 2010, recognizes the fundamental rights of women and prohibits harassment; both physical and verbal, establishes mechanisms for reporting and addressing such incidents, and ensures the implementation of effective grievance procedures at the Workplace.

Section 2(f) broadly defines “Employee” to include anyone working under a contract, whether formal or informal, for remuneration or not, encompassing various work arrangements like regular, contractual, freelance, and even trainees or domestic workers. Section 2(g) elaborates on “Employer,” covering not just traditional employers but also heirs, successors, managers, government authorities, contractors, online business owners, and even households employing home-based workers, thus casting a wide net to ensure accountability.

Furthermore, the Act defines “harassment” in Section 2(h) as encompassing unwelcome sexual advances, discriminatory behavior based on gender, and any conduct that creates a hostile work environment. Finally, Section 2(n) defines “workplace” expansively, extending beyond traditional offices to include any location where services are rendered, including educational institutions, performance venues, and even online spaces, as well as any situation linked to work outside the office, ensuring comprehensive coverage for legal protections.

The Prevention of Electronic Crimes Act, 2016

The Prevention of Electronic Crimes Act (PECA), 2016 is a legislation that primarily aims to address and prevent electronic crimes nationwide. The main objective of the Act is to combat various forms of cybercrime, including unauthorized access to computer systems, electronic fraud, cyber bullying, and online harassment.

“Section 21” of the PECA, 2016 relates to modesty of a minor and a natural person. It prescribes imprisonment up to seven years and fine up to five million rupees in case a person is involved in online child abuse.

“Section 22” of the PECA, 2016 deals with child pornography and makes it a serious offense to intentionally produce, offer, distribute, or possess material that depicts minors engaged in sexually explicit conduct. Those found guilty may face imprisonment from fourteen to twenty years and a fine not less than one million rupees.

“Section 22A” of the PECA, 2016 deals with online grooming, solicitation, and cyber enticement. This section addresses intentionally creating a relationship of trust with a minor through digital means with the intent to commit sexual abuse or share explicit content. The punishment includes imprisonment ranging from five to ten years and a fine from five hundred thousand to ten million rupees.

“Section 22B” of the PECA, 2016 deals with commercial sexual exploitation of children which pertains to involvement in using digital means for the sexual exploitation of minors. The penalty is imprisonment for a minimum of fourteen years up to twenty years and a fine not less than one million rupees.

“Section 22C” of the PECA, 2016 deals with the use of information systems for kidnapping, abduction, or trafficking of minors. According to this section, anyone who contacts a minor with the intent to kidnap, abduct, or traffic for sexual abuse or exploitation faces imprisonment for a minimum of fourteen years up to twenty years and a fine not less than one million rupees.

“Section 24” of the PECA, 2016 deals with cyberstalking which means anyone using digital platforms to harass, intimidate, or coerce someone. The penalty includes imprisonment for up to three years, a fine up to one million rupees, or both. For offenses against minors, the punishment may extend to five years, a fine up to ten million rupees, or both.

“Section 30” of the PECA, 2016 outlines the authority and process for investigating offenses under the Act. Besides the FIA, the Police are now also authorized to handle these offenses. However, the Police must promptly refer the matter to the FIA for technical opinions and investigations as per its rules. Additionally, the Federal or Provincial Government can form joint investigation teams. The investigation must be completed within forty-five working days for cases triable by the court. Once the court takes cognizance of a case, it must proceed with a weekly trial and make a decision within three months.

“Section 30B” of the PECA, 2016 provides protection to victims and witnesses involved in cases to ensure the safety and well-being of individuals participating in legal proceedings related to offenses covered by the Act.

“Section 30C” of the PECA, 2016 specifies that trials for offenses against minors be conducted privately (in-camera), ensuring the proceedings are not open to the public and the court may enact protective measures to shield victims and witnesses. Publishing or broadcasting proceedings are not allowed without the court’s permission.

“Section 30D” of the PECA, 2016 is related to the investigation referred to the PTA related to child sexual abuse content. This section outlines that the FIA is responsible for obtaining information about child sexual abuse content referred for blocking and removal by the PTA and other relevant organizations.

“Section 34” of the PECA, 2016 provides for general measures of international cooperation, including comprehensive provisions on spontaneous information, grounds for refusal, confidentiality and limitations on use, as well as authorisations to cooperate on specific investigative measures.
“Section 43” of the PECA, 2016 specifies that offenses under “Sections 10, 21, 22, 22A, 22B, and 22C”, along with abetment of these offenses, are non-bailable, non-compoundable, and cognizable by the investigation agency. Non-bailable means that individuals charged with these offenses are not eligible for bail by default. Non-compoundable implies that the complainant cannot withdraw the charges. Cognizable means that the investigation agency can make arrests without a warrant.

The Prevention of Trafficking in Persons Act, 2018

The Prevention of Trafficking in Persons Act, (PTPA) 2018 is a 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) defines a child as any individual under 18, regardless of gender, making them a subject under this Act. Section 3 criminalizes forced labor and sexual trafficking. Section 3(1) states that obtaining, abducting, or attempting to obtain or abduct a child or woman with the intent of forced labor or commercial sexual exploitation, using coercion, intimidation, or force, is punishable by up to seven years imprisonment, a fine of up to one million rupees, or both. Section 3(2) increases penalties when the offense is against a child or woman, leading to imprisonment of up to ten years, with a minimum of two years, and a fine of up to one million rupees, or both.

Section 4 outlines aggravated offenses, prescribing up to fourteen years imprisonment (minimum three years) and a fine of up to two million rupees for cases involving (a) grievous bodily harm, life-threatening illness, or death, (b) organized criminal group activity, (c) confiscation or destruction of travel documents, and (d) repeated offenses. Section 7 simplifies court proceedings for child victims by exempting the prosecution from proving force, fraud, coercion, or consent. Section 8(1) and (2) assigns investigation responsibilities to the police and the Federal Investigation Authority (FIA) for cases involving interstate transport of victims. Section 11(1) and (2) mandates federal and provincial governments to provide protection to victims and witnesses, prioritizing their safety by measures like relocating or limiting the disclosure of personal information.

Zainab Alert, Response, and Recovery Act, 2020

The Zainab Alert, Response, and Recovery Act, 2020 pertains to missing children and child sexual abuse, and establishes a rapid response system for immediate reporting. Section 3 mandates the federal government to form the Zainab Alert, Response, and Recovery Agency (ZARRA), which, as per Section 5, facilitates quick notification to mobilize law enforcement, media, and the public for locating and recovering missing children. This prompt dissemination of information and collaboration among stakeholders enhances the effectiveness of search and recovery operations, increasing the likelihood of safe return.

Furthermore, Section 7 emphasizes coordination between ZARRA and local police stations, requiring information sharing within two hours of a complaint and fostering collaboration in investigations and rehabilitation. Section 8 obligates police officers to comply with Section 154 of the Criminal Procedure Code (CPC), 1898, concerning missing or abducted children. Non-compliance by public officers, as stipulated in Section 182 of the Pakistan Penal Code (PPC), 1860, results in imprisonment, a fine, or both.

The National Commission for Human Rights Act, 2012

The National Commission for Human Rights Act, 2012 establishes the National Commission for Human Rights (NCHR) as an independent and autonomous body responsible for the protection and promotion of human rights in the country.

Section 9 of the Act empowers the Commission to investigate human rights violations, acquires sou moto powers, can inquire into complaints and take appropriate action to protect and uphold human rights. Moreover, the Commission monitors the implementation of Pakistan’s international human rights obligations and makes recommendations for policy improvements. The Commission has a national jurisdiction, including Punjab.

The National Commission on the Rights of Child Act, 2017

The National Commission on the Rights of Child Act, 2017 is an important legislation in Pakistan that aims to protect and promote the rights of children. It establishes the National Commission on the Rights of Child (NCRC), as an autonomous body mandated to promote and protect the rights of children in Pakistan. The Commission has provincial representation as a full-time member, and the Chief Protection and Welfare Bureau also serves as an ex-officio member of the Commission.

Section 15 empowers the Commission to investigate cases of child rights violations and abuses, examine policies and laws, investigate violations of children’s rights, conduct research and raise awareness about children’s rights. Moreover, Section 17 provides that the Commission plays a vital role in shaping as well as evolving the current domestic legislation to eradicate any contemporary issues by handing out a publication of an annual report and submitting it before the Majlis-e-Shoora (Parliament) on the situation of child rights in the country.

Provincial Level

Province	Legislation combating CSV	Reference to Law	Explanation
Punjab	Punjab Destitute Neglected Children Act, 2004	Section 3(k), Section 3(k)(v)	A “destitute and neglected child” suffers deprivation of basic necessities and/or is at risk of exploitation through exposure to immoral or explicit acts. This includes both actual deprivation and foreseeable risk of such exploitation.
		Section 5	Mandates the government to establish the Child Protection and Welfare Bureau.
		Section 16	Mandates the government to establish the Child Protection Unit.
		Section 20	Mandates the government to establish the Child Protection Institutions.
		Section 22	Mandates the government to establish the Child Protection Court.
	Punjab Marriage Restraint (Amendment) Act, 2015	Section 4	Criminalizes unions involving minors; a male under 18 years of age or a female under 16 years of age, by imposing penalties of up to six months imprisonment and a fifty thousand rupee fine on the adult party.
		Section 5	Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it.
		Section 6	Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment.
	Punjab Protection of Women Against Violence Act, 2016	Section 2(r)	Defines “violence” as any offense against an individual’s physical autonomy, encompassing acts like domestic, sexual, psychological, and economic abuse, as well as stalking and cybercrimes
		Section 4	Mandates the government to establish Violence Against Women Centres (VAWC) and shelters for survivor support.
		Section 5	Mandates District Women Protection Committees for district-level case monitoring and women’s welfare oversight.
		Section 6	Establishes Women Protection Officers as essential for enforcing protection orders and providing support, thus driving the Act’s practical application.
		Section 7-9	Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support.
Sindh	Sindh Child Protection Authority (Amendment) Act, 2021	Section 2(c)	A “child in need of special protection measures” encompasses any child subjected to violence, abuse, exploitation, forced labor, trafficking, drug misuse, armed conflict, lack of care, HIV/AIDS, or who is missing or kidnapped.
		Section 3	Mandates the government to establish the Sindh Child Protection Authority.
		Section 16	Mandates the government to establish the Child Protection Unit.
		Section 20D	Mandates the government to establish the Child Protection Court.
	Sindh Child Marriage Restraint Act, 2013	Section 3	Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 18, by imposing penalties of imprisonment for 2-3 years and a fine.
		Section 4	Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it.
		Section 5	Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself.
	Domestic Violence (Prevention and Protection) Act, 2013	Section 5	Defines “domestic violence” as encompassing gender-based and other forms of physical or psychological abuse, specifically including sexual abuse under s.5(i), perpetrated against minors or other vulnerable persons within a domestic relationship.
	Domestic Violence (Prevention and Protection) Act, 2013	Section 11-12	Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support.
Khyber Pakhtunkhwa	Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010	Section 2(e)	Defines a “child at risk” as a child needing protection, encompassing those facing various vulnerabilities like poverty, abuse, exploitation, or lack of parental care. This includes children in specific circumstances such as homelessness, involvement in illegal activities, or those abandoned or orphaned.
		Section 3	Mandates the government to establish the Khyber Pakhtunkhwa Child Protection and Welfare Commission.
		Section 9	Mandates the government to establish the Child Protection Unit.
		Section 12	Mandates the government to establish the Child Protection Institutions.
		Section 15	Mandates the government to establish the Child Protection Court.
		Section 20	Empowers Child Protection Officers to rescue at-risk children, below 18 years of age, requiring court presentation within 24 hours, except when the child is with a parent/guardian, in which case a court report is initially mandated, and unless the child is begging or an alleged victim of parental/guardian abuse.
		Section 44	Criminalizes non-parental caregivers who willfully harm, neglect, or expose a child to suffering, including physical assault, inadequate care, or psychological abuse, face up to three years imprisonment and a fine of up to fifty thousand rupees.
		Section 50	Criminalizes the seduction of a child for sexual activity or exposure to explicit material, with penalties of up to ten years imprisonment and a two million rupee fine. This includes both completed acts and attempts.
		Section 53	Penalizes sexual abuse offenses, ranging from two to ten years imprisonment, or life imprisonment, and a fine up to five million rupees
	Child Marriage Restraint Act, 1929	Section 4	Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 16, by imposing penalties of imprisonment for 1 month and/or a fine.
		Section 5	Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it.
		Section 6	Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment.
	Khyber Pakhtunkhwa Domestic Violence (Prevention and Protection) Act, 2021	Section 2(p)	Defines “violence” broadly, encompassing physical, psychological, emotional, and economic abuse, explicitly including sexual abuse. This definition extends to related offenses like assault, harassment, and criminal intimidation, all inclusive of sexual abuse.
		Section 4	Mandates the government to establish a District Protection Committee in each district.
		Section 14-15	Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support.
Balochistan	Balochistan Child Protection Act, 2016	Section 5	Defines a child in need of protection as one experiencing or at serious risk of physical, mental, or sexual violence, neglect, maltreatment, or exploitation while under the care of a parent, guardian, or caregiver.
		Section 6	Mandates the government to establish a Child Protection Commission.
		Section 11	Mandates the government to establish a District Child Protection Unit in each district.
	Child Marriage Restraint Act, 1929	Section 4	Criminalizes adult male perpetrators, aged 18 or above, who contract marriage with a female minor under the age of 16, by imposing penalties of imprisonment for 1 month and/or a fine.
		Section 5	Similar punishment for those who perform, conduct, or direct an offense, barring reasonable belief of preventing it.
		Section 6	Holds parents or guardians liable for promoting or failing to prevent child marriage, with penalties mirroring those for the marriage itself, except women offenders are exempt from imprisonment.
	Balochistan Domestic Violence (Prevention and Protection) Act, 2014	Section 4(l)	Defines domestic violence broadly, encompassing intentional physical or psychological abuse, including sexual abuse, against vulnerable persons within a domestic relationship.
		Section 8-10	Outlines court-issued orders for domestic violence survivors: protection orders, residence orders, and monetary orders, covering restraining, housing, and financial support.
		Section 14	Mandates the government to establish a District Protection Committee in every tehsil.

Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2.

Policy Framework

Federal Sexual Violence Response Framework, 2023

Legal Framework

National Level

Provincial Level

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