Child’s Definition in Pakistan
In Pakistan, there is no standardised definition of a child in terms of age. The definition of a child is relevant in a number of contexts, including education, employment, criminal responsibility and the provision of various rights and protections. Children in Pakistan are entitled to certain rights and protections under national and international law, including the right to education, the right to protection from abuse and exploitation, and the right to participate in decisions that affect their lives. When a child turns 18, he or she is normally considered an adult and is entitled to vote and obtain a driving licence.
The Constitution of Pakistan, 1973 does not provide a definition for a “child”, however make reference to child in number of Articles. Multiple definitions which are embodied in various pieces of legislation create disparities in social practice and interpretation. As a consequence, the age of majority or minority is subject to various interpretations, depending upon the specific law under the application. Social attitudes also contribute to how children are defined. It is commonly understood that a child is a human between the stages of birth and puberty. These attitudes are reflected in the way children are treated by police, the court of law and in cases of marriage.
In majority of laws in Pakistan, a child is generally defined as a person who is below the age of 18 years. This is in accordance with the United Nations Convention on the Rights of the Child (CRC), which Pakistan has ratified in 1990. The Convention defines a child as “every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.”
Definition of a Child in Laws of Pakistan
Federal and Islamabad Capital Territory Laws
| Name of Law | Child’s Definition |
| National Commission on the Rights of Child Act, 2017 | Under the age of 18 years |
| Prevention of Trafficking in Persons Act, 2018 | Under the age of 18 years |
| Zainab Alert, Response and Recovery Act, 2020 | Under the age of 18 years |
| Anti-Rape (Investigation and Trial) Act, 2021 | Under the age of 18 years |
| Juvenile Justice System Act, 2018 | Under the age of 18 years |
| Prevention of Electronic Crimes Act, 2016 | Under the age of 18 years |
| Islamabad Capital Territory Prohibition of Corporal Punishment Act, 2021 | Under the age of 18 years |
| Right to Free and Compulsory Education Act, 2012 | 5 to 16 years of age |
| Employment of Children Act, 1991 | Under the age of 14 years |
| Child Marriage Restraint Act, 1929 | Male under the age of 18 years & female under the age of 16 years |
| Islamabad Capital Territory Child Protection Act, 2018 | Under the age of 18 years |
Punjab Special Laws
| Name of Law | Child’s Definition |
| Punjab Domestic Workers Act, 2019 | Child is not defined under the law, however section 3 says that any child under the age of 15 years is not allowed to work in household in any capacity |
| Punjab Prohibition of Child Labour at Brick Kilns Act, 2016 | Under the age of 14 years |
| Punjab Restriction on Employment of Children Act, 2016 | Under the age of 15 years |
| Punjab Free and Compulsory Education Act, 2014 | 5 to 16 years of age |
| Punjab Destitute and Neglected Children Act, 2004 | Under the age of 18 years |
| Punjab Marriage Restraint (Amendment) Act, 2015 | Male under the age of 18 years & female under the age of 16 years |
Sindh Special Laws
| Name of Law | Child’s Definition |
| Sindh Prohibition of Employment of Children Act, 2017 | Under the age of 14 years |
| Sindh Prohibition of Corporal Punishment Act, 2016 | Under the age of 18 years |
| Sindh Child Marriage Restraint Act, 2013 | Under the age of 18 years |
| Sindh Right of Children to Free and Compulsory Education Act, 2013 | 5 to 16 years of age |
| Sindh Child Protection Authority Act, 2011 | Under the age of 18 years |
| Sindh Children Act, 1955 | Under the age of 16 years |
Khyber-Pakhtunkhwa Special Laws
| Name of Law | Child’s Definition |
| Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act, 2017 | 5 to 16 years of age |
| Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 | Under the age of 14 years |
| Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 | Under the age of 18 years |
Balochistan Special Laws
| Name of Law | Child’s Definition |
| Balochistan Employment of Children (Prohibition and Regulation ) Act, 2021 | Under the age of 14 years |
| Balochistan Child Protection Act, 2016 | Under the age of 18 years |
| Balochistan Compulsory Education Act, 2014 | 5 to 16 years of age |
Gilgit-Baltistan Special Laws
| Name of Law | Child’s Definition |
| Gilgit-Baltistan Prohibition of Employment of Children Act, 2019 | Under the age of 14 years |
| Gilgit-Baltistan Child Protection Response Act, 2017 | Under the age of 18 years |
| Gilgit-Baltistan Compulsory Education Act, 2020 | 5 to 12 years of age |
| Gilgit-Baltistan Prohibition of Corporal Punishment against Children Act, 2015 | Under the age of 18 years |
Recommendations
The Committee on the Rights of the Child has recommended that the Government of Pakistan ensure full harmonisation of its legislation relating to the definition of a child so that a child is defined as any human being below the age of 18 years. In particular, it is recommended that the Zina and Hadood Ordinances (1979) and the laws restricting child marriages in all provinces be amended to equalise the age of marriage for boys and girls and to raise the minimum age of marriage for girls to 18 years. (No. 17, Concluding Observations on Pakistan’s Fifth Periodic Report, July 2016)
Contributors
(1) Qindeel Shujaat. He can be reached at qindeel@gmail.com