Draft law ready to prevent child labour, govt tells SC

Author: Syed Sabeehul Hussnain

ISLAMABAD: Additional Attorney General Muhammad Waqar Rana on Tuesday informed the Supreme Court of Pakistan that the federal government had prepared a draft law to prevent child labour.

“The new bill titled: Islamabad Capital Territory Child Protection Bill, 2016 will help protect children from violence, abuse, exploitation and neglect,” Rana told the three-member SC bench hearing the Tayyaba suo moto case.

The child had been allegedly tortured by the family of Additional District and Sessions Judge, Islamabad Raja Khuram Ali, while working in their home as a servant.

According to the draft, a Child Protection Advisory Board will be established. It will have 12 members and will be headed by the Ministry of Human Rights secretary.

The board shall advise the government on matters relating to policy, legislation and implementation of children rights. The board shall ensure the effective coordination and implementation of child protection and care mechanism and recognise, regulate and inspect all caregiver organisations as to whether they are functioning in accordance with the provisions the new law.

According to the proposed bill, more than one child protection institutions shall be established, which will perform the functions of assessment of children, who needed care and protection.

According to the bill, the government shall also establish a child protection and care fund for the purposes. The funds shall also be credited to the Child Protection and Care Fund by way of donation, contribution, assistance or otherwise from any individual, body corporate, financial institution and other organisations.

Emphasising the protection of exploited children, any report of the Child Protection Officer shall be treated confidentially and shall only be made available to the child, his parents and legal guardians.

The proposed bill also prohibits the publication of the victim’s identity in the media. No report of a child made under the provisions of bill shall be disclosed to media, which leads to his or her identification, nor shall any picture be published.

The SC bench, headed by Chief Justice Mian Saqib Nisar, asked the law officer to first share the draft with the parties in the instant matter. The chief justice also asked the law officer to take the view point of all the stakeholders in this case and then inform the court.

Islamabad Advocate General Mian Abdur Rauf informed the court that a chalan in the case had been submitted. “The case has been transferred to Islamabad High Court (IHC), where the matter has been fixed for hearing on April 27,” he said.

The chief justice said that the application filed by Asma Jahangir had stated that there were lacunas in the laws regarding children.

He further observed that there were two issues involved in the matter, including criminal trial against offenders, while the other pertained to legislation on national level.

He observed that since it was the matter of child protection, new legislation was required.

During the course of hearing, the chief justice also inquired from the representative of civil society, Tahira Abdullah, regarding her organisation’s input in the matter.

She stated that there was no particular law regarding child labour in the country. “The matter of child trafficking is a sensitive one. They should not be sold due to poverty,” she said.

She requested the bench to direct the provincial governments to legislate on domestic child workers.

The chief justice observed that the court had taken up the matter when the parents of victim Tayyaba had entered into a compromise. “Children’s protection has to be ensured. Forced child labour is a curse,” he said.

The court directed the federal government to submit a copy of the Child Protection Bill at the next hearing as well as share it with the parties in the case.

The hearing was then adjourned for a week.

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