Government of Gilgit Baltistan Order, 2018
The Government of Gilgit-Baltistan Order was introduced in 2018 to give GB a more autonomous status. The Order outlines the governance structure and administrative arrangements for the GB and provides some degree of self-governance. The Order establishes a GB Legislative Assembly with the power to make laws on various issues, including education, health and local government. There are two important provisions related to child labour and education in the GB Order 2018, including, Article 11 prohibits slavery, all forms of forced labour, human trafficking and child labor in any factory, mine or any other hazardous employment, and Article 27 guarantees the right to education for children aged five to sixteen.
Gilgit-Baltistan Prohibition of Corporal Punishment Against Children Act, 2015
The Gilgit-Baltistan Prohibition of Corporal Punishment against Children Act, 2017 is a legislation that aims to prevent the use of physical punishment in educational institutions and other settings within GB. The purpose of the Act is to ensure the safety and well-being of children and create a positive learning environment for them in the province.
Section 2(1)(c) defines ‘corporal’ or ‘physical’ punishment as any physical harm inflicted upon a child. This includes actions such as hitting, slapping, striking, or any other physical acts that may cause pain, lesions, or bodily harm as well as mental abuse or any other kind of punishment. Section 3 prohibits any form of corporal punishment in any public or private setting, including workplace, schools, religious institutions, child care, foster-care, rehabilitation centers, juvenile detention centers, and any other alternative care settings. Section 3(3) permits discretion in disciplinary measures only when the act complies with a child’s right to dignity and bodily autonomy, and does not prove to be detrimental to the child’s physical and mental development. Section 4 prescribes punishments according to those specified within the Pakistan Penal Code (PPC), 1860 for their respective offenses, such as ‘Assault’ in Section 351, ‘Hurt’ in Section 332, ‘Criminal Force’ in Section 350, and more.
Gilgit-Baltistan Child Protection Response Act 2017
Gilgit-Baltistan Child Protection Response Act 2017 (GB-CPRA) provides a state response for the protection of children in Gilgit-Baltistan from all forms of physical or mental violence, injury, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse in a coordinated manner through child protection case management and referral system. Under Section 11 of the GB-CPRA 2017, the Social Welfare Department is appointed as the lead government department for implementing CMRS in collaboration with other departments and organisations. To operationalise the GB-CPRA, a child protection case management and referral system has been established and implementation in the administrative territory, which recognises the exploitation of children among various protection concerns.
Gilgit-Baltistan Prohibition of Employment of Children Act, 2019
The Gilgit-Baltistan Prohibition of Employment of Children Act (GB-PECA) of 2019 aims to protect children from exploitation and abuse in the region. The Act defines a child as a person who has not completed 14 years of age and an adolescent as a person who has completed 14 years but not completed 18 years of age.
It prohibits the employment of children in any establishments. Under the law, establishment is referred to any industrial, commercial or agricultural establishment, mine, business, trade, undertaking, manufacture, and place where any economic activity is being carried on and includes charitable and welfare organizations, whether run for profit or otherwise and any other establishment, class of establishments or workplace notified by the Government, to be an establishment for the purpose of this Act povided that establishment shall not include small scale agricultural landholdings producing mainly for self consumption and not employing hired workers and the
The law also prohibits employment of adolescents in any hazardous occupation or processes. The GB-PECA 2019 specifies a list of 38 occupations and processes that are deemed hazardous for adolescents, such as brick kilns, stone crushing, lifting and carrying of heavy weight (15kg and above) specially in transport industry, carpet weaving. hotel, blasting, wool cleaning, etc. It also empowers the government to add or remove any occupation or process from the list by notification.
The Act provides for the establishment of a GB Coordination Committee on Child Labor (GB-CCCL) to advise the Government for the appropriate legislative, administrative, and other measure for eradication of child labour as per international instruments or conventions and to coordinate, approve and monitor all child labour elimination programmes in GB. It also provides for the appointment of inspectors who shall inspect workplaces and premises where children or adolescents are employed or permitted to work.