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Express Tribune
10-08-2025
- Politics
- Express Tribune
A mirror to the nation's young
The State of Children in Pakistan 2024 report was prepared by and launched on April 30 this year by the National Commission on the Rights of Child (NCRC). Established by the Federal Government on February 28, 2020 as an independent statutory body, the NCRC has the overarching mandate for the promotion, protection and fulfillment of child rights as enshrined in the Constitution of Pakistan, the United Nations Convention on the Rights of the Child (UNCRC) and other international obligations. Pakistan has ratified several key UN human rights treaties that provide a broad framework for the protection of children's rights. The NCRC report notes that there have been persistent delays in submitting periodic reports on UN treaties by the Government of Pakistan, including the practice of combining several overdue reports. While the government tracks progress in fulfilling its treaty obligations through designated ministries and treaty implementation cells, delays weaken the effectiveness of these mechanisms and hinder timely engagement with treaty bodies and implementation on recommendations. The treaty bodies' concluding observations and recommendations provide a framework for Pakistan to address gaps in policy, legislation and implementation, in relation to children's rights and related issues. Aligning national and provincial laws and policies with international standards is crucial for Pakistan to fulfill its international obligations and commitments, but more importantly, such legislative harmonisation will also help improve the situation of rights for children in the country. The report examines children's rights across the four core pillars of the UNCRC: development, survival, protection and participation. Each section examines situation on the ground, emerging trends, legal frameworks, institutional responses, and disparities. The report concludes each thematic area with targeted recommendations for policymakers, civil society organisations, and development partners for responsive and effective child-focused policies and programmes in Pakistan. Right to development According to the report Pakistan's 47% population is under the age of 18, comprising 51.6% male and 48.3% female. Out-of-School Children (OOSC) remain a challenge, with more than 26 million children aged 5-16 years currently out of school. 77% of children in Pakistan are classified as "learning poor," meaning they are unable to read and comprehend simple text by age 10. In Pakistan, inclusivity is especially critical for marginalised groups, including children from low income families, children with disabilities, children from minority communities, and transgender children, who face systemic barriers to participation and achievement in education. Educational opportunities should be expanded for children from marginalised groups by addressing specific barriers. At the national level (rural), 11% of surveyed government schools and 11% of private schools reported having children with disabilities. Physical accessibility remains inadequate in schools, with only 23% of government schools and 55% of private schools equipped with ramps, while accessible toilets are available in 51% of government and 57% of private schools. Critical support services, such as hearing assistive devices and specialised staff, remain scarce and available in only 21% of private schools and virtually non-existent in government institutions. Disabilities related to vision and mobility are the most commonly observed; however, even these cases average fewer than one child per school, highlighting gaps in identification and inclusion. In 2024, the allocation for education has dropped to 1.7 percent of GDP, a decline from 2.1% in 2020. Unfortunately, it decreases to 0.60 percent in current budget. It is lower than the global average of 4.3%. Both federal and provincial government need to work collectively and raise education spending to at least 4% of GDP, aligning with global standards. The report focuses on children's right to play and recommends, all schools should introduce a play policy which requires 30-45 minutes of daily play in schools. Provincial governments should convert available vacant urban land into safe playgrounds through local government-education department partnerships. Right to survival The report explores the multifaceted dimensions of children's survival in Pakistan, addressing health, nutrition, water, sanitation, hygiene, and the interplay between climate change and child well-being. Despite progress in immunization, high mortality rates among newborns and children under five reflect critical gaps in maternal and child health care. High population growth is a significant strain on Pakistan's limited resources and economic stability and highlights the urgent need to prioritise investment in children. Without expanding public spending on education, health and child protection, the future holds limited opportunities for children and Pakistan risks perpetuating the cycle of poverty and inequality. Pakistan needs to adopt comprehensive, child-centred, inclusive policies and programmes that target healthcare care, nutrition and climate resilience, improve governance and address systemic inefficiencies to protect children and promote healthy lives. Right to protection Despite efforts at various levels, children in Pakistan remain vulnerable to various forms of violence, abuse, neglect and exploitation. Children who are exposed to violence can suffer acute and long-term damage to their physical, cognitive, social and emotional development. Birth registration and Civil Registration and Vital Statistics (CRVS); child sexual abuse; violence against children including harmful practices like child marriages, forced conversion and child marriages; economic exploitation of children; street connected children; child trafficking; juvenile justice; Internally displaced people; refugee children and alternative care are topics which are discussed in detail with recommendations for improvement under the theme of right to child protection. According to the NCRC report, 'forced conversions, especially of young girls from Hindu and Christian communities, are a serious violation of their fundamental rights and freedoms. Abductions and subsequent forced conversions and marriages to older men are frequently reported in Sindh and Punjab. The situation is particularly critical in Sindh province, which accounts for 69% of all reported cases, followed by Punjab with 30% case. Among these victims, 71% of victims are being children under the age of 18 while 22% were under the age of 14. Weak legal protections and societal apathy allow perpetrators to act with impunity, leaving families traumatised and powerless.' The National Commission on the Status of Women (NCSW) has consistently condemned forced conversions of women and girls, and called for the enactment of laws addressing forced conversions, recognizing them as a form of gender-based violence. The National Commission on Human Rights (NCHR) has even recovered minor girls from perpetrators in Sindh and Punjab considering forced conversion a violation of basic human rights. Thus all three NHRIs in Pakistan realize the problem of forced conversions and recommend for legislation and its implementation. Right to participation Child participation is one of the four guiding principles of UNCRC. This right is explicitly articulated in Article 12 of the UNCRC which states that children have the right to express their views freely in all matters affecting them and that these views must be given due weightage keeping in mind their age and cognitive abilities. The report examines the right to child participation in Pakistan, identifying obstacles that hinder its fulfilment and proposing ways to strengthen its implementation for a more inclusive and equitable society. Children's participation is discussed in schools, in family context, in legal and judicial processes, in policy and advocacy and in media with legal framework and recommendations to enhance it. While recommending that electronic and print media should create dedicated programmes and sections for children, promoting voices of children on societal issues and government should support children in creating content on platforms like YouTube and TikTok by offering mentorship and providing necessary resources, such as digital literacy training, content creation workshops, access to safe online spaces, child online protection and grants for educational and creative projects, the report also asks for Implementing ethical standards for engaging children in media contexts. Addressing the knowledge gap It was a strong feeling while reading this report that the availability of updated data is a critical problem in Pakistan. This report addresses the scarcity of literature on the child rights situation and serves as a foundational resource for policymakers, researchers, development partners, and advocates. Importantly, it is also timely given Pakistan's upcoming review by the UN Committee on the Rights of the Child. Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author
Express Tribune
20-07-2025
- Politics
- Express Tribune
The labour of being young: Punjab Labour Code & children
By Nabila Feroz Bhatti | Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author facebook twitter whatsup linkded email The Punjab Labour Code (PLC) by the provincial government, under the guise of consolidating labour laws, was introduced as an attempt to combine various labour laws enacted between 1923 and 2023. However, labour organisations argue that the new code goes beyond consolidation as it effectively diminishes workers' rights and protections. The government has promoted PLC as a means to attract greater investment to the province. However, it exposes the underlying intent: to make labour cheaper, more flexible, and easily disposable in the service of commercial gain. The new code, by favouring business interest over worker rights will institutionalise a model of development rooted in labour exploitation rather than equitable and sustainable progress. In effect, it shifts the paradigm of labour relations in Pakistan away from social justice and human rights and toward corporate flexibility and state control. The most significant points of contention include the legalisation of the contract labour system, restrictions on trade unions, the abolition of the right to strike and provisions that could legitimise child labour. It does not only legalise the contract system, which will lead to the elimination of job security, but also provides legal cover to the advance payment (Peshgi) system in the kiln industry, a practice that has historically led to bonded labour. It contravenes Article 17 of the Constitution of Pakistan and ILO Fundamental Conventions 144-C and 87. Various other issues, such as the appointment of judges and bureaucratic centralisation, are also under scrutiny. With 467 sections spread over 315 pages, the code is seen as overly complex, making it difficult for workers to understand their rights. Various sections of the code are interdependent, requiring readers to constantly cross-reference different parts of the document, further complicating the interpretation of the law. Effect on children Labour organisations and child rights activists are critical of the PLC's provisions related to children. According to the labour groups, it will increase the volume of child labour in the province as it fails to create opportunities for adequate educational and training facilities for children below the age of 16. In developed countries where children are involved in light work, they mostly get light work assignments related to their educational field and future career, so that in addition to money, they can get training. According to Section 23 (1), no child below the age of 16 years shall be engaged or permitted to work in any occupation or process. However, Section 24 states that engagement of children in light work can be in the age of 14 years but under 16. The terminology is confusing here. If Section 23 defines work as labour and section 24 defines work as light work, so who will be able to differentiate it in a province where 40 percent children are not registered; where there is no dedicated child labour inspection system. According to International Labour Organization (ILO), there is insufficient staffing of labour inspectors, limited training on child labour issues, and lack of coordination between inspection authorities and child protection systems in Pakistan. The jurisdiction of labour inspectors is often limited to the formal sector. Additionally, the code introduces presumptions about child labour, particularly in informal sector like brick kilns and domestic work, which, the labour groups believe, will only worsen the situation. Ironically, child domestic labour (CDL) is not included in Schedule 2; List of Hazardous Works. Though Schedule 2 includes; working with sewer pipelines, pits and storage tanks; Lifting and carrying of heavy weight (15kg and above); Spice grinding; Cooking food in restaurants and as business; Night work etc but does not contain CDL. Although these mentioned activities and several other included in Schedule 2 are performed by child domestic workers daily. It is a long demanded plea of child rights activists to include CDL in the list of hazardous works. Similarly, the code dismantles legal protections against child labour. Laws such as the Children (Pledging of Labour) Act, 1933 and provincial legislation like the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 are being nullified, which could potentially increase child exploitation, especially in the informal and unregulated sectors. These repeals directly contradict Pakistan's commitments to the United Nations Convention on the Rights of the Child and relevant ILO conventions on child labour. Nonetheless, women workers stand to lose significantly which will affect the children directly. The repeal of the Punjab Maternity Benefit Ordinance 1958 puts critical health and social protections for women at risk, leaving women vulnerable during pregnancy, childbirth, and maternity leave. Twelve weeks of maternity protection provided under the 1958 Maternity Ordinance have been halved to just 6 weeks under the draft PLC. It directly hits the children's right to survival. At the family level, if job security of the labourers will be at risk, they will be hired on temporary contracts, and they don't have a right to choose their representatives to form a powerful union, then there will be increased unemployment, poor bargain power and economic exploitation of labour, which will adversely affect the children. This code provides legal cover to Peshgi system, creating more bonded labour; children in the family will also be the part of bonded labour. The cycle of indebtedness and family's poor financial condition will directly affect the needs and rights of children. In sum, if children are vulnerable in any society, the country cannot produce healthy and efficient citizens and cannot lead to the path of progress. Any legislation, including the Punjab Labour Code 2024, must be developed with section-by-section consultation with workers' representative organisations as required under the ILO conventions. The paradigm of labour relations should be based on social justice and human rights in Pakistan.
Express Tribune
08-06-2025
- Politics
- Express Tribune
The age of consent & the borders of belief
Child rights organisations and advocates, along with concerned citizens, have warmly welcomed the passage of recent legislation on child marriages, describing it as a landmark step toward protecting the rights and well-being of children. 'The passage of the ICT Child Marriage Restraint Act, 2025 is a defining moment for Pakistan. This legislation affirms our national commitment to protecting children—particularly girls—from harmful practices that rob them of their childhood, health, and future. By setting 18 as the minimum legal age for marriage, we are not only upholding constitutional and international obligations, but also empowering our girls to pursue education, opportunity, and leadership. We also call on the provinces of Punjab, Balochistan and Khyber Pakhtunkhwa to set the same precedent and harmonise their respective marriage laws in line with the rights and best interests of the child', Ayesha Raza Farooq, Chairperson of the National Commission on the Rights of Child (NCRC) said. 'While every piece of legislation leaves room for future improvement which may be addressed sometimes in the rules and sometimes through further amendments, this Act sets a strong precedent in curbing the menace of child marriage," explained child rights expert Syed Miqdad Mehdi. The enactment of the ICT Child Marriage Restraint Act, 2025 marks a significant step forward in the protection of children's rights in ICT. It is a comprehensive legal framework that not only criminalises the practice by making it a cognizable offence, but also rightly categorises it as a form of child abuse and trafficking, aligning with both national and international child protection standards. It is hoped that this landmark legislation will serve as a model for other territories, especially Punjab, Khyber Pakhtunkhwa and Balochistan, to follow it and strengthen their legal response to this grave human rights violation'. The journey toward a safer, progressive and more equitable Pakistan begins with laws that protect its youngest citizens. Therefore, in order to restrain child marriages and protect the basic rights of children, it is expedient to enact a law for ICT. Prevalence of child marriages in Pakistan This act was passed to combat and eradicate the phenomenon of child marriages, which is highly prevalent in Pakistan. According to the Pakistan Demographic and Health Survey (PDHS) 2017-2018, 3.6 per cent of girls under the age of 15 are married off while 18.3 per cent of girls married off are under 18. However, Unicef reports 21 per cent of Pakistani girls are married by the age of 18, and three per cent before 15 years of age. In 2019, the World Health Organisation reported that 21 per cent marriages were being solemnised by the age of 18 years in Pakistan. According to a World Bank report, 18 per cent of girls in Pakistan marry before the age of 18 and 4 per cent marry before the age of 15. It further added that five per cent of boys in Pakistan marry before the age of 18. In 2020, 119 cases of child marriages were reported in the country, of which 95 per cent were of girls and five per cent were of boys, according to a report by Islamabad-based Sahil, a non-governmental organisation working for child protection. In Pakistan, there are various causes of child marriages, the most prevalent being insufficient legislation and lack of political will to ensure implementation of existing laws. There is a dearth of awareness among the public about the damaging effects of child marriages, especially within tribal and feudal societal structures, harmful practices, extreme poverty and illiteracy. Religious beliefs also enable this tradition. Moreover, child marriage often problematically coincides with conversion of religion. Mostly, Hindu girls in Sindh and Christian ones in Punjab are forcibly married to older Muslim men after forced conversions. Child marriage is a form of sexual abuse in which the child is subjected to assault and deprived of their childhood. It affects the psychological well-being and intellectual, personal and social growth of the child. Girls who marry are more likely to drop out of school than other girls. The earlier girls are married, the more children they tend to bear, which contributes to overpopulation. Child brides face greater pregnancy-related health risks and their babies are more likely to have health problems. The high rates of maternal and infant mortality in Pakistan are closely linked to early marriage. Younger girls are more likely to face domestic violence than women who marry later. Additionally, child marriage leads to poverty when it limits the earning ability for girls because of dropping out of schools and missing development opportunities in many cases. ICT Child Marriage Restraint Act, 2025 After the President's assent the Islamabad Capital Territory Child Marriage Restraint Act, 2025 became a law on May 29 and extends to the Islamabad Capital Territory (ICT) of Pakistan. MNA Sharmila Faruqi presented the bill in National Assembly and it was passed on May 16. Subsequently, Senator Sherry Rehman presented it in the upper house. Despite heated debate in the Senate with the JUI-F insisting on sending a draft to the Council of Islamic Ideology (CII), the bill was passed with a majority on 19th May. CII rejected this bill on its own saying it un-Islamic on May 27. The NCRC, a statutory body, overruled the concerns of CII on May 29 stating 'various Muslim-majority countries—including Tunisia, Jordan, Egypt and Morocco—have legislated minimum marriage ages aligned with international standards which means 18 for boys and girls, recognising the long-term harm caused by child marriage'. Interestingly, in 2023 the Federal Sharia Court in the context of Sindh Child Marriage Restraint Amendment Act 2013, gave their judgement that it is the prerogative of the state to set the minimum age for marriage. Salient features of the act According to the new act the age for both girls and boys is 18 years, which is a step forward to eliminate discrimination among children and to promote gender parity. If a parent or guardian permits child marriage or fails to prevent it, they will be punished with rigorous imprisonment of two to three years with fine. The contracting parties will provide Computerised National Identity Card (CNIC) by NADRA to the Nikkah registrar. If the person solemnising the Nikkah doesn't obey it, he will be punished up to one year of imprisonment and one hundred thousand rupees fine. The condition of CNIC will also be helpful in curtailing the phenomenon of forced conversion of minority girls to the majority religion, as it will decrease the chances on manipulating the age. If a male above eighteen years contracts a child marriage, his imprisonment will be two to three years along with a fine. Any form of cohabitation before the age of eighteen years in a child marriage is child abuse and the punishment for any person who induces, forces, persuades, entices or coerces any child bride or child groom to engage in cohabitation will be punished with 5 to 7 years of imprisonment or/and at least fine of a million. Any person who traffics the child from ICT for marriage purpose will be punished with imprisonment of 5 to 7 years with fine. The Court of District & Sessions Judge shall take cognizance of or try any offence under this Act. If anyone submits an application that a child marriage in contravention of this Act is going to be solemnised, after giving a notice, the court will issue an injunction prohibiting such marriage. If the applicant requests to keep his/her identity hidden, then the court shall adopt appropriate measures to protect their identity. An offence punishable under this Act shall be cognizable, non-bailable and non-compoundable. The case will be concluded in 90 days. With the passage of this new law, The Child Marriage Restraint Act, 1929 is repealed for ICT. What do other laws say? After 2010, the prevention of child marriages became a provincial subject. Sindh is the only province so far to have passed a law barring marriage under the age of 18. The Sindh Child Marriages Restraint Act, 2013 makes underage marriage a cognizable and non-compoundable offence. This means that the police can take action on their own to arrest offenders upon any information, and no private conciliatory deals can be made between families, communities or jirgas to bypass the law. The Punjab Marriage Restraint (Amendment) Act, 2015 still permits girls to be married at 16 while the legal age of boys is 18 years and above. Khyber Pakhtunkhwa and Balochistan continue to be governed by the 1929 Act where minimum marriageable age for girls in 16 years and for boys is 18 years. Furthermore, it is imperative to adhere to international conventions such as the UNCRC and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) where the minimum age for marriage is 18 years. Pakistan's commitment to these treaties necessitates taking proactive measures to combat child marriage and protect women's rights. Pakistan is obligated to align national laws with the ratified conventions and to implement these laws. The approval of the new law is at an important time when Pakistan's 6th and 7th combined periodic reports will be reviewed by the UN Committee on the Rights of the Child. This development will be observed positively by the Committee, as it shows Pakistan's inclination to satisfy earlier recommendations Under the UN Sustainable Development Goals (SDGs), countries around the world, including Pakistan, have pledged to end marriages before age 18 by the year 2030. Goal 5 of the SDGs focuses on gender equality and includes target 5.3 to end child marriages. What next? An inclusive set of legal, policy and administrative measures is required to combat child marriages in the country. The following steps are urgently required to save children from the nuisance of child marriage. The Federal Government should make rules for ICT Child Marriage Restraint Act, 2025 without wasting any time. The remaining provinces and territories should take action without delay in passing similar laws—ensuring that no child is subjected to the injustice of child marriage. The Christian Marriage (Amendment) Act, 2024 has been passed in the National Assembly and its current jurisdiction is limited to ICT. All the Provincial Assemblies should immediately submit a resolution as per Article 144 of the Constitution of Pakistan and adopt it in their respective provinces after due process. The Hindu Marriage Act 2017 was promulgated under Article 144 of the Constitution of Pakistan and is applicable in ICT, Punjab, Balochistan and Khyber Pakhtunkhwa. Province Sindh has its own law. The age of marriage is 18 years and above according to these laws. Minorities' Personal Laws override the related laws of the respective territories, provinces where the marriageable age of the girl child is sixteen years, will not be implemented to Hindu girls. Just administrative measures are required for the implementation. For implementation of the Punjab Sikh Anand Karaj Marriage Act 2018 a set of administrative measures is required. A vibrant local government system should be in place to work with Anand Karaj Registrar and the Sangat to register the marriage. Local government bodies must be empowered to ensure that legal safeguards are implemented in letter and spirit. Special safeguards will be needed for any out-standing victims of child marriage. Their protection, privacy, confidentiality, restitution, trauma healing, rehabilitation and fair legal participation must be prioritised. There must be pro bono legal facilities and expedited procedures before, during and post-trial. The state and government personnel (judges, police, medical officers, etc.) involved during the reporting, investigation and prosecution of child marriage cases should be sensitised and held accountable on the issue. All human rights institutions and civil society organisations must support the cause and advocate for the enactment of robust child protection laws. A nationwide campaign can help raise awareness on the damaging effects of child marriages. The public should be made aware of the harms associated with such practices, as well as punitive laws pertaining to child marriages and related crimes. Parents need to be more sensitive regarding child protection so that their children are not victims of pedophilia and child sexual abuse. To combat child marriages, education for every child is a must. This will help enable our future generations to live healthier and freer lives in a more thriving Pakistan. Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author
