Rights activists call for criminalising child labour

Child rights activists, civil society members, legal experts, and government and police representatives on Thursday underscored the need for finalising a law to criminalise child domestic labour to stop the exploitative practice of child labour that resembled slavery.

They expressed serious concern about the increasing incidents of torture and even deaths of child domestic workers in different parts of the country. It was said that recent cases of torture on child domestic workers Fatima Phuriro and Rizwana were highlighted by the media, but there may be thousands of such cases that were not reported.

They were speaking at a consultation on the Prohibition of Child Domestic Labour Bill 2024, jointly organised by the National Commission on the Rights of Child (NCRC) and Unicef at a local hotel. The consultation was aimed at discussing the proposed law to prohibit child labour with the key stakeholders and getting recommendations to further improve the bill.

The main speakers included National Commission for Human Rights (NCHR) Sindh member Anis Haroon, Sindh Human Rights Commission (SHRC) member Zulfiqar Shah, NCRC members Khalid Naeem and Pirbhu Lal Satyani, Imdad Channa from the Sindh Child Protection Authority, Unicef Chief Field Officer Prem Chand and others.

Poverty was identified as the main reason for the prevalence of child domestic labour in Pakistani society. The parents of such children and employers, who mostly belonged to rich families, were deemed responsible for the menace of child labour. The meeting stressed the need for providing incentives to parents and raise awareness about the importance of education.

The case of child domestic worker Fatima Phuriro who was killed in Khairpur Mirs was discussed as a test case, with the consensus being that it needed to be brought to a conclusion. The consultation also addressed the issue of girls being kept at home.

Anis pointed out that over six million school-going children were out of school in Sindh, which was an alarming situation. Miqdad Mehdi, an advocate of the high court, remarked that initially there was a denial of child domestic labour at the government and social levels. However, he added, over time it was accepted that the child labour was a serious issue of our society.

He referred to an expert's statement who said child labour was a modern form of slavery. Shah pointed out that the economy and political system were the main cause of such practice in Pakistan.

NCRC’s Syed Iqbal Zaidi revealed that 45 per cent of the population fell under child labour. Satyani, another NCRC member, said the proposed Prohibition of Child Domestic Labour Bill 2024 sought a transformative change by reinforcing legal measures against those involved in engaging children in domestic labour. By classifying child domestic labour (CDL) as a non-compoundable, non-bailable and cognisable offence, the NCRC had underscored its commitment to prioritising the rights and well-being of children, he added.

He explained that the proposed bill intended to amend the Pakistan Penal Code, 1860, and the Code of Criminal Procedure, 1898, by criminalising child domestic labour so that this widespread menace could be eliminated. He said the bill signified a dedicated effort to protect the rights and dignity of children across Pakistan.

The bill proposes the addition of a new section, 374-A, to the Pakistan Penal Code, 1860, specifically addressing child domestic labour. This section criminalizes the employment, recruitment, harbouring, transportation, or provision of a child below the age of 18 years for domestic labour, with penalties including imprisonment ranging from two to seven years and a fine not less than five hundred thousand rupees. The offences related to child domestic labour are categorised as non-bailable, non-compoundable and cognizable.

Embarking on the path toward widespread societal change, the NCRC has outlined a series of consultations at the provincial level to refine and strengthen the proposed bill. The inaugural consultations took place in Peshawar on December 14, another in Lahore on December 20, and another in Quetta signifying stride in fostering collaboration with key stakeholders, including government representatives, civil society organisations and experts in child rights.