In the Islamabad Capital Territory, special laws have been enacted for children, including:
Child Marriage Restraint Act, 1929
The Child Marriage Restraint Act, 1929 is a law in Pakistan that prohibits child marriage. The act sets the minimum age for marriage for males at 18 and for females at 16 years old. It also provides for the punishment for anyone who performs, conducts, directs or abets a child marriage, as well as for anyone who promotes or permits such a marriage to take place. The punishment for these offenses include fines and imprisonment.
Employment of Children Act, 1991
The Employment of Children Act 1991 is enforced in Islamabad Capital Territory. The Act prohibits the employment of children under the age of fourteen set forth in Part I of the Schedule or in any workshop wherein any of the processes set forth in Part II of that Schedule in carried on. No child is permitted to work between 7 pm to 8 am, and work overtime.The Act establishes mechanisms for labour inspection. Every occupier is required to maintain a register in respect of children employed or permitted work in the establishment. The Act prescribes penalties for employers who violate its provisions, punishable with imprisonment for a term with may extend to one year or with a fine with may extend to twenty thousand rupees or with both.
Bonded Labour System (Abolition) Act, 1992
The Bonded Labour System (Abolition) Act, 1992 abolishes the bonded labour system, and discharges all bonded labourers from any obligation to render such labour. All property forcibly taken by creditors for the recovery of bonded debt must be returned, and encumbrances relating to bonded debt are no longer valid. Vigilance Committees at the District level, composed of representatives of government, social services, lawyers and journalists are to supervise its implementation, assist the rehabilitation of freed bonded labourers, and provide them with assistance to achieve the objectives of the law. Those persons contravening the Act are subject to imprisonment of two to five years, or a fine of fifty thousand rupees, or both. When the Act came into force in 1992, it was initially applicable throughout Pakistan. However, after the 18th Constitutional Amendment, all provinces enacted their own laws banning the bonded labour in their respective provinces.
Right to Free and Compulsory Education Act, 2012
The Right to Free and Compulsory Education Act, 2012 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in ICT. The Act seeks to ensure that children have access to quality education without any discrimination or barriers.
Section 2(1)(d) defines a ‘disadvantaged child’ as a child belonging to a socially and economically disadvantaged group. The Act aims to ensure equal educational opportunities for all children and addresses barriers that hinder the access and participation of disadvantaged children in education. Section 3 entitles every child between the ages of 5-16 to receive free and compulsory education without any discrimination based on gender, caste, or religion. The provision mandates the Federal Government to provide free education to every child, ensure compulsory admission, attendance, and completion of education, provide safe commuting facilities for the child, monitor functioning of schools, and provide infrastructure, trained staff, and age-appropriate curriculum.
Moreover, Section 6 mandates the Federal Government to ensure that a sufficient number of schools are established and maintained within a specified area to provide education to all children residing in that area. Section 8 addresses the duty of parents or guardians. The provision imposes liability on them to ensure that their child attends school regularly and completes the required course of study until the completion of elementary education, except in the case of a reasonable excuse where the child is deemed incapable of attending school by the School Management Committee, by reason of any infirmity or mental incapacity. Section 9 entails that the appropriate government shall make arrangements for providing free pre-school education for children aged 3 until they join school, to ensure that children receive a strong foundation before entering formal schooling by focusing on early childhood development.
Furthermore, Section 11 prohibits schools to collect capitation fees or charge any additional fees and also prohibits them from conducting any form of screening, testing, or evaluation procedure that may discriminate against or exclude children from admission. The Act specifies that anyone who fails to comply with the provision shall be punished with twenty times the capitation fee charged and a fine of fifty thousand to one hundred thousand for subjecting a child to a screening procedure. Section 16 addresses the functions of a school management committee which include monitoring the working of the school, ensuring the implementation of educational policies and programs, overseeing the utilization of funds and resources allocated to the school, promoting community participation in the school’s activities and involvement of parents or guardians in the education and development of their children, facilitating the maintenance and improvement of school infrastructure and facilities, monitoring teachers and staff members, and resolving any grievances or issues related to the school and its functioning. Additionally, Section 22 directs the appropriate government to establish the Education Advisory Council which serves as a platform for collaboration and consultation between various stakeholders in the education sector. The main function of the Council is responsible for advising the appropriate government authorities on matters related to education policies, programs, and initiatives to ensure effective implementation of the Act.
Islamabad Capital Territory Child Protection Act, 2018
ICT Prohibition of Corporal Punishment Act, 2021
The Islamabad Capital Territory Prohibition of Corporal Punishment Act, 2021 is a legislation that aims to prevent the use of physical punishment in educational institutions and other settings within ICT. 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. The Act aims to clearly outline what constitutes corporal punishment in order to prevent its use and protect the well-being of children. 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. The Act aligns with international standards and commitments to protect children from violence and promote their overall development.
Islamabad Capital Territory Domestic Workers Act, 2022
National Laws
Kindly check national laws which also have jurisdiction in the Islamabad Capital Territory region.