Constitution, Contraception, and Child Labour

Author: Dr Rakhshinda Perveen

What could be the correlation between our Constitution, contraception, and child labour? Are they truly interconnected? The answers could vary from straightforward to complex, depending on the perspectives through which these grand concepts are viewed, and the stances taken in response. Presently, my beloved homeland seems to be grappling with its most challenging chapter ever. This encompasses issues related to social inequalities, intellectual and income poverty, (failed) national security, democracy, humanitarian response, economy, and claims of women’s inclusion in finance-all in the absence of public digital infrastructure and a merit-based civil service-oriented bureaucracy, to name just a few.

If an empathetic Pakistani were to identify a single avoidable national tragedy marked by shame, accountability, and conscience, it would be the fact that most of our children remain out of school and are trapped in child labour due to the state’s failure to plan and prioritize. Recently, there have been horrifying reports of abuses suffered by underage domestic girl labourers. I intentionally avoid delving into the actions of the power elites and their consensus to shield the wrongdoers within their ranks.

I have read with interest, sadness, and anger various tweets and analyses, and watched emotional anchors, emotionally intelligent anchors, and politically savvy anchors reciting their scripts on many of our private yet far from independent TV channels. Some concerned citizens, including champions of social development, have expressed their frustration with the “choices” made by the “poor people” in having too many children. Advocating for Sexual and Reproductive Health and Rights (SRHR), education, and universal access to contraception is a sensible and necessary intervention. Nonetheless, it is crucial to reevaluate the approach of ridiculing, criticizing, or stigmatizing impoverished individuals, especially women, for their higher fertility rates and larger families. Pakistan is known for its high unmet need in family planning, son preference, religious biases affecting women’s autonomy, harmful cultural practices, and almost nonexistent social safety nets. In this context, sharing such thoughts may impress some due to their eloquence in English, but to anyone who has worked closely with communities, it only reveals a disconnect and ignorance of ground realities.

Most of our children remain out of school and are trapped in child labour due to the state’s failure to plan and prioritize.

Although one or two cases were brought to the forefront, I wonder what happens to our news reporters, writers, analysts, activists, and especially political voices when they witness children begging on the streets, working in hazardous professions like mining, being exploited at car repair workshops and other shops, young girls serving as nannies for children of their age from wealthier families or carrying expensive bags for their Madams and Begum Sahibas at upscale eateries or shopping malls. Considering that this piece does not revolve around critiquing journalism, I would not explore the media’s representation of these incidents in depth. However, my difficulty in turning my attention away from this issue persists because I remain one of the dedicated practitioners who have consistently voiced concerns about these matters, often experiencing various unwelcome repercussions as a result.

What should elite and influential leaders in Pakistan’s Civil Society do? I am fully aware of the serious conflicts of interest and compromises that exist. Unfortunately, within the groups responsible for providing and implementing mechanisms for addressing issues, there are violators of various human rights, child rights, minority rights, and women’s rights. Others do possess good intentions and conceptual clarity but are limited in their ability to push for systemic reform. Nonetheless, I call upon all types of change-makers to focus on this issue.

I strongly urge senior leaders in child rights, anti-slavery, and anti-trafficking, such as Anis Jillani, Zia Awan, Justice Zahid Nasir, Imran Takkar, Dr Baela Jamil, Dr. Manize, Khalida Saleemi, Shaheen Atiq, Valerie Khan, Bushra Iqbal Hussain, and women’s rights champions like Tahira Abdullah, Nasreen Azher, Dr Fozia Saeed, Rukhshanda Naz, Naeem Mirza, Arfa Mazhar, Anbreen Ajaib, Dr Riffat Sardar, Clara Pasha, Khawar Mumtaz, Saleem Malik, Hina Jillani, Dr.Farzana Bari, Hilda Saeed, Shahnaz Bukhari, Dr.Sara Tirmizi, and others (this is not an exhaustive list, and I understand that many more names could be added) to come together and concentrate their efforts on the Constitution. While implementing individual projects from their respective forums, they should consider engaging in collective policy advocacy. This advocacy should focus on the following aspects:

1. Article 37 (Promotion of social justice and eradication of social evils),

2. Article 38 (Promotion of social and economic well-being of the people),

3. Article 25-A (the right to education),

4. Article 11(3) (which forbids child labor),

5. Article 11 of Pakistan’s Constitution (prohibiting slavery, forced labor, trafficking in human beings, and child labor), and

6. The Pakistan Penal Code’s section 82 (which grants blanket immunity to children below a certain age).

All these provisions have different upper age limits for children. Furthermore, the new Convention of the International Labour Organization (ILO) NO. 189 (explicitly states that member States of the ILO shall set a minimum age for domestic workers) complements the provisions of the ILO Child Labor Conventions NO. 138 on Minimum Age and Convention NO. on the Worst Forms of Child Labor.

It is high time to recognize how constitutional principles, government policies, and socio-economic factors intersect to affect issues such as child labor and contraceptive choices. The impact of our civil society, which mainly consists of cause-based nonprofits and consulting firms driven by passion and supported by donors, should be assessed through two key questions:

1. Is the state prepared to fulfill its promise and ensure that our 23-25 million out-of-school children are in schools rather than engaging in any form of labor, hazardous or not?

2. Do all women and girls have control over their lives? If the word “bodies” causes discomfort or scepticism, it can be replaced with “lives.” Can they access contraception and safe abortion care when and where needed?

The writer is a serial social entrepreneur ,activist ,gender expert and former TV anchor & producer. She can be reached at founderkafekaamgmail.com

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