It has been 19 years since the ratification of the Convention on the Rights of the Child (CRC); Pakistan has not improved its ranking on child rights, lagging behind Iran, India, Sri Lanka and even Myanmar. These countries ratified CRC after Pakistan. Pakistan’s statistics show awful figures. Pakistan has more than one million absolute child brides, ranking it 6th largest in the world: 21 percent of girls are married before age 18 and three percent before age 15.
A recent report on child sexual abuse shows that in 2018 more than 10 children have been abused per day. Nearly 55 percent girls and 45 percent boys were a victim of sexual abuse. As compared to 2017, child abuse cases have increased by 11 percent. A two-year-old female child was raped in Islamabad a few days ago; this horrific incident reflects the dilemma of a society where children who are old enough to be in their mother’s lap are being raped and the state is unable to protect them.
Similarly, the child labour issue is alarming. There are frequent reports of violence against children engaged in child labour. Many times this violence leads to death of the child. No child labour survey has been conducted in Pakistan since 1996. According to the 2017 UNICEF report, nearly 16 percent of children between 5-17 ages are engaged in child labour.
The Constitution of the Pakistan protects rights of the child. Article 11(3) states that no child below the age of 14 years shall be engaged in any factory or mine or any other hazardous employment. Article 37(e) of the Constitution says that the state shall make provision for securing just and humane conditions of work, ensuring that women and children are not employed in vocations unsuited to their age or gender. Article 25(A) said the state shall provide free and compulsory education to all children of the age of five to 16 years.
The Constitution of the Pakistan protects rights of the child. Pakistan also has a number of laws to protect the rights of the child
Pakistan also has a number of laws to protect the rights of the child. After devolution in 2010, this subject was transferred to provinces. Federal laws can be adopted and enacted until the provincial laws are made. Let us have a look at some of the laws we have to protect our children.
To restrict underage marriages, numerous laws are enacted at federal and provincial level including the Child Marriage Restraint Act 1929; this act is applicable in Islamabad, Balochistan and Khyber Pakhtunkhwa. There is also the Punjab Child Marriages Restraint (Amendment) Act, 2015, and the Sindh Child Marriage Restraint Act 2013. All provinces except Sindh set the age of the child 16 for girls and 18 for boys. This definition of child reflects gender discrimination.
There are various laws to curb child labour including the Employment of Children Act, 1991, applicable in Balochistan and ICT, Punjab Restriction on Employment of Children Act 2016, Punjab Prohibition of Child Labour at Brick Kilns Act 2016, Khyber Pakhtunkhwa Prohibition of Employment of Children Act 2015, Children (Pledging of Labour) Act 1933, applicable in all provinces, and Sindh Prohibition of Employment of Children Act 2017.
To protect the rights of children involved in criminal litigation, the Juvenile Justice System Act 2002 has been replaced with the Juvenile Justice System Act 2018. Apart from the above-mentioned laws, there are a number of other laws.
Pakistan is facing challenges at three fronts. Firstly, there are numerous loopholes in existing laws that need to be improved. For example, age of the child should be extended to 18 years in line with CRC. Provincial governments should introduce child protection policy in their respective province. Furthermore, an action plan with solid milestones should be developed at provincial level by involving all stakeholders. This would help to accelerate child protection efforts and ensure accountability of the relevant departments.
Secondly, poor enforcement has turned Pakistan into a graveyard of legislations. Lack of interest of the law enforcement institutions is one of the major challenges. The federal government should notify the long-awaited National Commission on Rights of the Child under the National Commission on Rights of the Child Act 2017, and should appoint a Probation Officer in ICT under the Juvenile Justice System Act, 2018. The federal government should also take a lead to introduce the Federal Capital Territory as a mode by ensuring enforcement of laws. Provincial departments should also ensure effective implementation of the laws. Civil society should play a more active role at federal and provincial level to sensitise relevant government departments and build their capacity on issues related to child rights.
Thirdly, federal and provincial governments should enhance budgetary allocation to an appropriate level that meets the requirements of the child rights agenda. It is of utmost importance to give top priority to child rights at federal as well as provincial level. Without making child rights a top priority, the country’s image would not improve, and we will not be able to make our future progressive.
The writer is an Islamabad-based development professional and a child rights supporter