In the province of Sindh, special laws have been enacted, including:
Sindh Children Act, 1955
The Sindh Children Act, 1955 is a law that governs the protection, welfare, and rehabilitation of children in the Sindh province of Pakistan. The Act provides for the establishment of juvenile courts and probation officers, and lays out procedures for the investigation and prosecution of crimes committed by children. It also establishes institutions such as children’s homes and remand homes for the care and rehabilitation of juvenile offenders and other vulnerable children. The law is aimed at ensuring that the rights and best interests of children are protected and promoted in the province.
Sindh Child Protection Authority Act, 2011
The Sindh Child Protection Authority Act, 2011 establishes the Sindh Child Protection Authority (SCPA) as the leading government agency responsible for the protection of children from abuse, neglect, and exploitation. The SCPA is responsible for implementing policies and programmes to prevent and respond to child abuse and neglect, as well as providing support and services to children who have been affected. The act also establishes a Child Protection Unit . The Act also provides for the establishment of Child Protection Committees at the district and tehsil level to monitor and ensure the implementation of the Act.
Sindh Right to Free and Compulsory Education Act, 2013
The Sindh Right of Children to Free and Compulsory Education Act, 2013 ensures that children between the ages of 5-16 have the right to receive free and compulsory education in Sindh. The Act seeks to ensure that children have access to quality education without any discrimination or barriers in the Province.
Section 2(c) 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, non-formal education, or/and vocational education without any discrimination based on gender, caste, or religion. Section 4 focuses on enrolling children in their age-appropriate class, ensuring that they receive education suitable for their developmental stage. Section 6 mandates the Provincial Government or local authority 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. 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.
Sindh Protection and Promotion of Breast Feeding and Child Nutrition Act, 2013
The Sindh Protection and Promotion of Breast-feeding and Child Nutrition Act, 2013 promotes and protects breastfeeding and child nutrition in Sindh. 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 Infant Feeding Board. Section 4 empowers the Board to promote, protect, and monitor the implementation of the ordinance. 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 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 11 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 17 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.
Sindh Child Marriages Restraint Act, 2013
The Sindh Child Marriages Restraint Act, 2013 sets the minimum age of marriage for girls and boys at 18 years. The Act criminalizes child marriage and makes it punishable by imprisonment and fines. The Act also makes it mandatory for all marriage registrars to ensure that the bride and groom are above the minimum age of marriage before registering the marriage. The Act is an effort to address the issue of child marriage, which is a common practice in Pakistan and has detrimental effects on the health, education, and well-being of children, particularly girls.
Sindh Healthcare Commission Act, 2013
The Sindh Healthcare Commission Act, 2013 establishes a regulatory body to ensure the quality of healthcare services in Sindh. 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 Sindh Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 4 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 Sindh. 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 5 establishes a Board as the governing body of the Commission. Section 9 outlines the function and powers of the Board, including developing policies and guidelines related to the functions of the commissions, approving regulations that align with the objectives of the Act, monitoring the commission’s performance, and advising the provincial government on matters related to healthcare regulation and improvement.
Section 10 directs the Board to establish a Technical Advisory Committee to support its functions. The Committee is responsible for providing expert advice and recommendations to the Board on technical matters related to healthcare regulation and improvement. The Committee comprises professionals from various relevant fields, such as medicine, nursing, mental health, and other specialties. Moreover, Section 14 prohibits a healthcare establishment from operating without a valid license issued by the Commission, since the Commission has the authority to grant, renew, suspend, or cancel licenses based on compliance with the prescribed standards and regulations. Furthermore, Section 34 mandates 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.
Sindh Prohibition of Corporal Punishment, 2016
The Sindh Prohibition of Corporal Punishment Act, 2016 is a legislation that aims to prevent the use of physical punishment in educational institutions and other settings within Sindh. 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. The Act also makes it mandatory for all schools and educational institutions to develop and implement alternative forms of discipline that are positive, non-violent, and child-centered. 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. The Act outlines 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.
Sindh Prohibition of Employment of Children Act, 2017
The Sindh Prohibition of Employment of Children Act, 2017 aims to prohibit the employment of children and to regulate employment of adolescents in certain occupations and work. Under the Act, a “child” means a person under fourteenth years of age, and “adolescent” means a person who has completed fourteenth but has not completed his eighteenth year of age. No child is permitted to work in any in any establishment, and no adolescent is allowed to work in any hazardous work included in the Schedule, which has listed 38 occupations and processes. Violations of the Act are punishable by imprisonment for a term of six months, a fine of up to PKR 50,000, or both. If a child is employed in any form of hazardous work, fines range from PKR 10,000– 100,000 and a prison term of up to three years.
Sindh Empowerment of Persons with Disabilities Act, 2018
The Sindh Empowerment of Persons with Disabilities Act, 2018 aims to promote the rights and inclusion of persons with disabilities in Sindh. The purpose of the Act is to ensure equal opportunities, non-discrimination, and full-participation of persons with disabilities in all aspects of life. The Act provides a framework for the protection of their rights, access to education, healthcare, employment, and other services.
Section 3 focuses on the principles of equality and non-discrimination for persons with disabilities. The provision emphasizes that persons with disabilities have the right to be treated equally and without discrimination in all areas of life, including education, employment, healthcare, and access to public facilities. The provision prohibits any form of direct or indirect discrimination based on disability and promotes the inclusion and participation of persons with disabilities in society. Section 9 emphasizes the right of persons with disabilities to receive an inclusive and equitable education. The provision mandates educational institutions to provide reasonable accommodation and support services to ensure that persons with disabilities have equal access to educational opportunities. The provision also highlights the importance of adapting teaching methods, materials, and facilities to meet the diverse needs of students with disabilities. The aim is to promote inclusive education and remove any barriers that may hinder the educational progress of persons with disabilities.
Moreover, Section 27 outlines the functions of the Provincial Advisory Council for Empowerment of Persons with Disabilities. The Council is established to provide guidance and recommendations to the government on matters related to the empowerment of persons with disabilities. The functions of the council include advising the government on the formulation of policies, strategies, and programs for the empowerment of persons with disabilities, promoting awareness and understanding of disability issues in society, conducting research and studies on disability-related matters to inform policy development, monitoring the implementation of the Act and recommending measures for its effective implementation. Furthermore, Section 33 establishes Special Courts for Persons with Disabilities to handle cases related to violations of the rights of persons with disabilities, ensuring that their rights are protected.
Sindh Maternity Benefits Act, 2018
The Sindh Maternity Benefits Act, 2018 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 Sindh.
Section 3 prohibits the employment or work of women in any establishments for a period of four weeks before childbirth and twelve weeks after childbirth. Section 4 further states that additional maternity leave shall be granted for one week in case of a miscarriage, four weeks in case of a still-born delivery, and sixteen weeks in case of a premature delivery. Section 5 and Section 7 deals with the right to and liability for the payment of maternity benefits. The provisions state 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 one year prior to childbirth. Moreover, Section 10 mandates every organization employing 10% or more employees to establish a day care facility within the premises and to install CCTV cameras for monitoring the child’s wellbeing.
Sindh Technical Education and Vocational Training Authority Act, 2019
The Sindh Technical Education and Vocational Training Authority Act, 2019 establishes a regulatory body that focuses on technical education and vocational training in Sindh. 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 Sindh Technical Education and Vocational Training Authority (STEVTA). Section 4 empowers STEVTA to regulate, monitor, and coordinate 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 STEVTA. 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 STEVTA’s jurisdiction. Moreover, Section 17 mandates the Authority 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.
National Laws
Kindly check national laws which also have jurisdiction in the province of Sindh.