Daily Times

Khyber Pakh-toonkhwa Assembly adopted the first-ever exclusive Child Protection Act of the country in 2010. The main objective behind passing the said act is to establish a strong child protection system of prevention and response across the province. Soon after the commencement of this Act, the Khyber Pakhtoonkhwa Government established an autonomous body called the Khyber Pakhtunkhwa Child Protection and Welfare Commission in 2011.

The Commission has the executive authority; having administrative control and management of the affairs of child protection in the province. The Chief Protection Officer shall be the Chief Executive of the Secretariat of the Commission, who will be appointed by the KP government on the recommendation of the Commission for three years. The Chief Protection Officer will not only be the Chief executive but secretary-cum-member of the commission as well. Meanwhile, Minister for Social Welfare and Women Development Department will be the chairman of the commission and Secretary to the Social Welfare and Women Development Department will be the Vice-Chairman. There are ex-officio members of the commission (secretary finance, secretary home, secretary law parliamentary affairs and human rights, secretary local government, secretary elementary and secondary education) and members of the commission, not exceeding six persons from civil society organisations, members of the provincial assembly, lawyers and ulema. The Commission shall meet every quarter as per section 8 of the act, while as per section 9, the Chairman (Minister for Social Welfare and Women Development Department) shall preside over the meeting. In his absence, any other ex-officio member of the Commission would be elected by the present members to preside over the meeting.

So, the Khyber Pakhtoonkhwa Child Protection and Welfare Commission is a legal autonomous body to act as a focal point for effective supervision and coordination of child rights matters at provincial and local levels; to develop and coordinate activities, programs and plans for the development, protection, survival, participation and rehabilitation of children at risk. The commission’s role under the Act is to provide technical and other support in the interests of children to the provincial departments, local governments or civil society organisations; create awareness and educate the public about the status of children at risk through print, social and electronic media as well as holding lectures and seminars etc.

The commission will also monitor the implementation and violation of laws related to child protection, welfare and rights, including the prevention of child labour; child sexual abuse and exploitation; prostitution; child pornography; child trafficking and any other form of violence against children, and to take necessary measures by enquiring into or referring individual complaints for their redressal.

The Khyber Pakhtoonkhwa Government, under the said act, is inevitable to establish Child Protection Unit (CPU), at District level, under the administrative control and supervision of the Commission. The CPUs, at the district level, have multiple functions, including developing consultative community structures and preparing them to support initiatives for the prevention of abuse, neglect and exploitation through the formation of Child Protection Committees.

Corporal punishment is abolished under section 33 in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860

Under section 15 of the Khyber Pakhtoonkhwa Child Protection and Welfare Act 2010, the government may, in consultation with Peshawar High Court, Peshawar, notify different Courts of Sessions as Child Protection through the official Gazette. The Child Protection Court will look upon several matters related to children at risk, including monitoring the status of the child at risk through reports submitted by the Child Protection Officers (of CPUs), any officer authorised by the Commission or through requiring the appearance of a child at risk and the person responsible for his custody and care before itself.

This act also prohibits the disclosure of children at risk by saying that no report in any newspaper, magazine or news sheet of any assessment regarding a child at risk under this Act shall disclose the name, address, school or any other particulars, which may lead to the identification of the child at risk nor shall any picture of the child at risk be published.

Corporal punishment is abolished under section 33 in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860), so whosoever causes or permits to cause corporal punishment in any form, under any circumstances or for any purpose, to a child, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both. While child pornography is an offence under section 48, punishable for a minimum of three years and maximum seven years with fine. Same child trafficking under section 52 within the country is a punishable offence for life imprisonment or not be less than fourteen years with fine not be less than five hundred thousand rupees and may extend to ten hundred thousand rupees.

The offence of Sexual abuse under section 53 is punishable with imprisonment for a term to fourteen years and shall not be less than seven years and shall also be liable to fine which shall not be less than ten hundred thousand rupees.

Therefore, if the Khyber Pakhtunkhwa Child Protection and Welfare Act 2010 is fully reviewed, we can say that it is a comprehensive/exclusive law of prevention and response. But unfortunately, the commission has been made under the law in 2011, which needs to be strengthened. But for the past six years, this commission is headless, which is a legal and empowered/autonomous position. Similarly, regular quarterly meetings of the commission are not being held as per the law. Child Protection Units, at the district level, which were established by the donor in 12 districts, have been closed since December 2018. There is no child protection unit in 35 districts. The provincial government issued Rs 4.61 crores last June to restore and activate the units in these 12 districts, even though the units were neither restored nor active.

Despite the passage of 10 years, only three courts have been established. However, these courts have not been established by the KP government, but by the Peshawar High Court.

Despite a comprehensive law, under which a commission has already been established with the purpose to monitor, coordinate and supervise the matter of children-at-risk in the province, the number of abused children keeps on growing.

Yet, there is no visible child protection system on the ground because of a lack of political will or understanding.

So, there is a need for the KP government to strengthen the KP Child Protection Commission by appointing the Chief Protection Officer and ensuring quarterly meetings as per the law.

KP Government should allocate adequate funds to establish child protection units across all 35 districts. At least, at the divisional level initially, it should establish child protection courts in consultation with Peshawar High Court. Besides, there is a need to create mass awareness on the issues, which is a legal requirement. So, there is a prerequisite of working with civil society, media and other stakeholders on a priority basis.

The government and the civil society should join hands to create extensive awareness among the key stakeholders to prevent children from all kind of abuse and exploitation.

Therefore, there is a need of candid review of the Khyber Pakhtunkhwa Child Protection and Welfare Act 2010 to identify the gaps and lacunas in the implementation of the said law and focus on child protection in the province with a few practical steps, including the budgetary allocation to establish and strengthen child protection systems.

The writer is a child rights activist