In the province of Khyber-Pakhtunkhwa, special laws have been enacted for children, including:
Child Marriage Restraint Act, 1929
The federal law Child Marriage Restraint Act, 1929 is also enforced in KP prohibiting child marriages and early marriages in the province.
Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010
The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 aims to protect and promote the rights and welfare of children in the province. The law covers a wide range of issues related to child protection, including child abuse, neglect, exploitation, and trafficking. It also establishes a system for the registration and monitoring of children’s homes and orphanages, as well as a Child Protection and Welfare Commission to oversee the implementation of the law. The law also includes provision for punishment of the violators of this Act.
Khyber Pakhtunkhwa Maternity Benefits Act, 2013
The Khyber Pakhtunkhwa Maternity Benefits Act, 2013 ensures the well-being and protection of pregnant women and new mothers in the workplace. By providing maternity leave, financial assistance, and safeguards against discrimination, the ordinance promotes gender equality and supports women’s reproductive rights. The Act contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture in KP.
Section 3 prohibits the employment or work of women in any establishments for a period of six weeks after childbirth. The provision further states that pregnant women are not permitted to engage in any work that is of an arduous nature during a period of six weeks before and after childbirth. The provision recognises the physical demands and potential risks associated with strenuous work for pregnant women and new mothers. The Act aims to protect their health and well-being by ensuring they are not exposed to excessive physical strains and hazards that could jeopardize their own safety or that of their unborn or newborn child. Section 4 deals with the right to and liability for the payment of maternity benefits. The provision states that eligible women have the right to receive maternity benefits during their period of maternity leave. Additionally, the employer is liable to pay these benefits to the woman at the rate of her wages or salary for the duration of her leave, provided the individual has been employed for a minimum of four months prior to childbirth. Section 7 prohibits an employer from terminating or dismissing a woman from her employment during her maternity leave period without a reasonable cause. The purpose of these provisions is to protect women from unfair treatment and ensure job security during this critical time. Moreover, Section 10 prescribes punishment for an employer who contravenes any provision of this Act, in which case the individual shall be liable to a fine which may extend to ten thousand rupees.
Khyber Pakhtunkhwa Protection of Breast Feeding and Child Nutrition Act, 2015
The Khyber Pakhtunkhwa Protection of Breast-feeding and Child Nutrition Act, 2015 promotes and protects breastfeeding and child nutrition in KP. The Act emphasizes the importance of exclusive breastfeeding an infant for the first six months and encourages continued breastfeeding alongside appropriate complementary feeding up to two years or beyond. The Act prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.
Section 3 directs the provincial government to establish the Khyber Pakhtunkhwa Infant Feeding Board. Section 4 empowers the Board to promote, protect, and monitor the implementation of the Act. The Board has the authority to conduct inquiries, inspections, and assessments to ensure compliance with the provisions of the Act, including monitoring the marketing and promotion of breastmilk substitutes and taking appropriate action against any violations. Section 7 outlines the powers and functions of the District Breastfeeding Promotion Committee in promoting and supporting breastfeeding within the district. These functions include developing and implementing strategies to promote breastfeeding and improve child nutrition within the district, creating awareness about the benefits of breastfeeding and providing education and counseling to mothers and families, advocating for the adoption of breastfeeding policies and practices in healthcare facilities, workplaces, and others settings, monitoring the implementation of the Act and ensuring compliance with its provisions, and providing support and guidance to healthcare professionals and community workers involved in breastfeeding promotion.
Section 9 outlines specific practices that are prohibited in relation to the marketing and promotion of breast milk substitutes. The provision prohibits the advertising, promotion, or distribution of breast milk substitutes through health workers or health facilities. Section 13 focuses on quality assurance measures for breast milk substitutes. The provision ensures that the manufacturing, labeling, and distribution of these products comply with specific standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to guarantee their safety and nutritional quality. Moreover, Section 19 pertains to the penalties for individuals and entities held liable for breaching the ordinance. The provision prescribes punishment of imprisonment for a term which may extend to two years, or with fine which shall not be less than fifty thousand rupees or more than five hundred thousand rupees, or both.
Khyber Pakhtunkhwa Healthcare Commission Act, 2015
The Khyber Pakhtunkhwa Healthcare Commission Act, 2015 establishes a regulatory body to ensure the quality of healthcare services in KP. The Act aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.
Section 3 establishes the Khyber Pakhtunkhwa Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 6 empowers the Commission to regulate, inspect, and monitor healthcare establishments and evaluate their performance to ensure ongoing compliance with the set standards, as well as to investigate complaints and take necessary actions to ensure the provision of safe and quality healthcare services to the people of KP. In addition to these functions, the Commission is also granted certain powers, which include the authority to conduct inspections and assessments, gather information, issue licenses, take disciplinary actions against non-compliant facilities, and impose penalties or fines when necessary. Section 7 directs the Commission to establish a Technical Committee, Finance and Grant Committee, Performance Review Committee, and Continuous Quality Improvement Committee to support the functions of the Commission. Section 12 prohibits a healthcare establishment from operating without being registered and acquiring a valid license issued by the Commission. Moreover, Section 26 mandates the Chief Executive Officer of the Commission to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Commission the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Commission’s performance to the government and other relevant stakeholders.
Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015
The Khyber Pakhtunkhwa Prohibition of Employment of Children Act, 2015 prohibits and regulate the employment of children and adolescent under the age of 18 in any hazardous or non-hazardous work. Under the Act, a “child” means a person who has not completed his fourteenth year of age and “adolescent” means a person who has completed fourteenth but has not completed his eighteenth year of age. No child shall be employed or permitted to work in any establishment with the exception that a child not below the age of 12 years may be engaged in the light work, alongside his family member, for a maximum of two hours per day mainly for the purpose of acquiring skills, in a private undertaking, or in any school established, assisted or recognized by Government for such purpose. No adolescent shall be employed or permitted to work in any hazardous work included in the Schedule, which lists 4 occupations and 35 processes. The law also includes penalties for employers who violate the law, including fines and imprisonment. It also establishes a system for inspections and enforcement to ensure compliance with the law. The Act also includes provision for punishment of violators of the act.
Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015
The Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015 aims to abolish the practice of bonded labor in the region. The law prohibits the taking or giving of any loan on the security of the person of the borrower or any member of his family, and makes it illegal to subject any person to forced labor as a means of repayment of a debt. It also establishes penalties for violators and provides for the release and rehabilitation of bonded laborers. The Act also includes provisions for the establishment of labor courts and the appointment of inspectors to enforce the law and protect the rights of workers.
Khyber Pakhtunkhwa Technical Education and Vocational Training Authority Act, 2015
The Khyber Pakhtunkhwa Technical Education and Vocational Training Authority Act, 2015 establishes a regulatory body that focuses on technical education and vocational training in KP. The Act aims to enhance the quality of technical education and vocational training, promote skill development, and bridge the gap between industry requirements and the skills of the workforce.
Section 3 directs the provincial government to establish the Khyber Pakhtunkhwa Technical Education and Vocational Training Authority (TEVTA) for the purpose of regulating, monitoring, and coordinating technical education and vocational training institutions. The Authority plays a crucial role in promoting technical skills, providing job-oriented training, and creating opportunities for employment and entrepreneurship in various sectors. Section 5 establishes a Board as the governing body of TEVTA. Section 7 outlines the functions of the Board which includes formulating policies and guidelines, ensuring proper utilization of funds, developing and approving the curricula for various technical courses and programs, establishing mechanism for the assessment, certification, and recognition of skills acquired through technical education and vocational training, as well as monitoring and evaluating the performance of institutions and programs under TEVTA’s jurisdiction.
Section 9 focuses on the establishment of Institute Management Committees (IMCs). These committees play a vital role in the governance and management of technical institutions. Section 10 specifies that the committees are responsible for overseeing the administration, financial management, and development of the technical institutions. They also ensure the implementation of quality standards, the alignment of programs with industry needs, and the overall improvement of the institutes’s performance. Moreover, Section 15 mandates the Board to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Authority the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Authority’s performance to the government and other relevant stakeholders.
Khyber Pakhtunkhwa Protection of Breast-Feeling and Child Nutrition Act, 2015
The Khyber Pakhtunkhwa Protection of Breast-Feeding and Child Nutrition Act, 2015 aims to promote and support the health and well-being of infants and young children by encouraging breast-feeding and ensuring access to proper nutrition. The law includes provisions to protect the rights of working mothers to breast-feed or express milk, to provide education and support for breast-feeding mothers, and to establish nutrition programs for children. It also includes penalties for those who interfere with a mother’s right to breast-feed or who falsely advertise breast-milk substitutes. The law also tries to create a supportive environment for breastfeeding mothers by making it mandatory for all public places, such as hospitals, malls, schools, offices, airports, and public transport, to have designated breastfeeding rooms, also the law requires private businesses to provide breastfeeding breaks to working mothers.
Khyber Pakhtunkhwa Free Compulsory Primary and Secondary Education Act, 2017
he Khyber Pakhtunkhwa Free and Compulsory Education Act, 2017 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in KP. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.
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 Provincial 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.
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 Attendance Authority, by reason of any infirmity or mental incapacity.
Moreover, Section 5 establishes a School Attendance Authority and mandatory representative from a Parent’s Teacher’s Council (PTC). The Authority is responsible for ensuring that all children within the specified age range attend school regularly. The Authority has power to take necessary measures to enforce compulsory education, such as conducting inspections, monitoring attendance records, and taking appropriate action against parents or guardians who fail to comply with the attendance requirements. The goal is to ensure that every child has access to education and is able to attend school regularly.
Khyber Pakhtunkhwa School Bags (Limitation of Weight) Act, 2020
The Khyber Pakhtunkhwa School Bags (Limitation of Weight) Act, 2020 regulates the weight of school bags carried by students in KP. The Act aims to ensure the well-being and physical health of students by preventing them from carrying excessively heavy bags, which can be gravely detrimental to a child’s health. The Act imposes limitations on the weight of school bags based on the age and class level of the students. The Act promotes a safer and healthier learning environment for students in KP.
Section 3 specifies the weight limitations for school bags. The provision states that the weight of a school bag should not exceed a certain percentage as identified in the Schedule. The specific weight limits may vary based on the age and class level of the students. The provision imposes liability on the Education Monitoring Authority (EMA) and Private Schools Regulatory Authority (PSRA) to ensure the effective implementation of the Act. Section 5 outlines the penalties for non-compliance with the weight limitations on school bags. It states that any person, including school authorities, found in violation of the Act shall be liable for imposition of fine or rupees up to two hundred thousand.
National Laws
Kindly check national laws which also have jurisdiction in the province of Khyber Pakhtunkhwa.