iring minors as domestic labour is not new in Pakistan. More than 140 cases of abuse, rape and murder of child domestic workers have been reported in the media over the last ten years.

Child domestic labour is rampant throughout the country. These children are frequently abused and exploited. The boundary walls, more often than not, shield the abuse from scrutiny. Most cases of this nature are not reported in the media; rather, they are swept under the carpet. This can be due to several reasons, including child labour and child abuse becoming normalised in the country and in the case of sexual assault, to save face, given the stigma and its taboo nature.

In its order reported as 2019 Yearly Law Reporter 98 IHC, the court held in the landmark Tayyaba torture case that there are two mandatory factors required for the commission of the criminal offence; the first is actus reus, which is the physical element of a crime, and mens rea which is the mental factor related to the awareness or intention of the person that the conduct constituted a crime. Both these factors can apparently be proved in the Rizwana violence case.

Nonetheless, children below the age of 16 years continue to be employed for domestic work. Rizwana, a 14-year-old, was allegedly tortured by the wife of a civil judge in Islamabad.

The number of cases where domestic workers face physical and sexual abuse and exploitation has been increasing. The situation for child domestic workers is dire in various ways. It will not improve without criminalising the practice of employing them, especially without direct parental supervision.

There are no specific laws on domestic workers under 18 in Pakistan. To make matters more complicated, the laws addressing adult domestic workers are not specific enough to be effective.

The constitution, labor laws, and international conventions ratified by Pakistan all include provisions against child labour. Article 11(3) of the constitution prohibits the employment of children below the age of fourteen years in any factory, mine, or hazardous work. The Employment of Children Act of 1991, sets the minimum age of employment at fourteen years for any occupation or service. However, it allows children between the ages of fourteen and eighteen to work in non-hazardous occupations, subject to certain conditions.

Punjab Restriction on Employment of Children Act, 2016, prohibits the employment of children below the age of fifteen in any occupation and explicitly bans their employment as domestic workers.

According to a report by the Human Rights Commission of Pakistan, Pakistan has a major child labour problem. An estimated 12 million children work in the country. Many of these children have limited educational opportunities. One of the most common jobs these children are forced to do is domestic work. These children may be forced to work from dawn to dusk, fed with leftovers and punished in various ways. This deprives the children of healthcare and education.

Pakistan has ratified several international conventions concerning child labour, including the International Labour Organisation’s Convention No. 138 on the Minimum Age for Admission to Employment. However, the enforcement and implementation of these laws have posed significant challenges in Pakistan. One of the primary challenges is the weak enforcement of child labour laws. Due to limited resources and corruption, labour inspections are often insufficient, allowing child domestic labour to persist without legal repercussions.

Many families employing child domestic workers are unaware of the legal implications and the rights of these children. Similarly, many child workers and their families are unaware of their rights and the potential dangers associated with child labour. 

Despite ratifying many international treaties, Pakistan continues to ignore the plethora of cases of abuse and killings of children employed as domestic labour.

Many families employing child domestic workers are unaware of the legal implications and the rights of these children. Similarly, many child workers and their families are unaware of their rights and the potential dangers associated with child labour. In July 2022, a qualitative study by the International Labour Organisation determined that one in four households in Pakistan employed a child, predominantly girls aged 10 to 14 years in domestic work. ILO estimates that over 264,000 children across the country are employed as domestic workers.

The report further reveals that 96 children were raped and 44 murdered over the 10-year period. The unreported abuse and torture figures are likely much higher. Seventy-nine per cent of reported murder and rape cases were from the Punjab, 14 per cent from Sindh, six per cent from Islamabad and one per cent from Khyber Pakhtunkhwa.

The government and various non-governmental organisations and international agencies have taken certain steps to combat child domestic labour. Recently at a meeting of the Technical Working Group on Child Domestic Labour in Sindh, organised by Legal Rights Forum in collaboration with Sindh Child Protection Authority, the SCPA agreed to outlaw child domestic labour through an amendment to the existing laws including in Pakistan Penal Code and to take up the provision of legal assistance to abused child domestic workers and to formulate laws, against child domestic worker abusers and ensure facilitation of access to justice and legal redress.

Child domestic labour is a serious issue. Despite the existence of laws and international commitments against child labour, challenges in enforcement and implementation persist. Combating child domestic labour requires a multi-faceted approach that addresses poverty, improves access to education, raises awareness and strengthens enforcement mechanisms. By addressing the root causes and protecting the rights of children, Pakistan can work towards eradicating child domestic labour and providing a better future for its young population.

The existing laws are inadequate on the one hand and suffer from a lack of implementation on the other. There is a need for stronger legislation which clearly lays out rules, procedures, offences and punishments to discourage the practice of child labour. The process of formulating law should be consultative and encourage recommendations from civil society. Governments should work harder to improve safeguarding mechanisms and implement child protection policies to protect the children.

Although Article 11 of the constitution prohibits slavery and forced labour, child domestic labour is widespread. It should be added to the schedule of banned occupations under the Employment of Children Act 1991 through official notification and an increase in labour laws regarding the age of children from 14 to 18 and prohibit all forms of child labour as the age of 14 is in contradiction with the Article 25-A of the constitution and the Right to Free and Compulsory Education Act 2012 in which a child till the age of 16 must attend school.

The author is associated with Jang Group as a legal advisor. He practices law as an advocate of Sindh High Court and is pursuing a doctorate in law at SZABUL. He can be reached at advocate.ahmed@ymail.com