‘Minimum age limit of 14 years violates Article 25-A of constitution’

Article stipulates every child must be provided free and compulsory education from the age of five till the time he or she is 16 years old 

While the Sindh Assembly’s recent move for legislation to clamp down on child labour is appreciable, the fact remains that the age limit of 14 years set by provincial lawmakers is in contradiction with Article 25-A of Pakistan’s constitution. 

As per this article, every child in Pakistan must be provided free and compulsory education by the state from the age of five till the time he or she is 16 years old. 

These concerns were voiced by the Pakistan Institute of Labour Education and Research (Piler) in a statement issued on Friday. The communiqué quoted Piler Executive Director Karamat Ali as saying, “The employment age limit of 14 years is lower than what has been set in the constitution for provision of free education to every child in Pakistan, i.e. till the time he or she is 16 years old.”

“By passing such a law, the Sindh Assembly members and provincial government ignored the fact that by virtue of the 18th Amendment, Article 25-A is now a part of the constitution.” 

It was the prime responsibility of the provincial government under the constitution to ensure that every child must be enrolled in a school to get free and compulsory education, Ali stated.

 Ignoring such an important fact that each child up to 16 years of age must be in schools for compulsory education, the new law fixed the minimum employment age for a child at 14 years, which was in contradiction with the provisions of Article-25-A, he said. 

The Sindh Assembly had on Wednesday unanimously adopted the anti-child labour law which has criminalised employment of children below 14 years of age. 

A violation of the law includes six-month imprisonment and a fine of Rs50,000 for normal employment. Those found to have employed children at dangerous workplaces would be sentenced to three years in jail and also be liable to pay a fine of Rs100,000.

Appreciating the provincial assembly for legislating on child labour, noted human and child rights attorney Zia Ahmed Awan, in a statement issued a day earlier, had also observed that complete eradication of the menace still remains an uphill task.

Also the founder of Madadgaar National Helpline, Awan maintained that domestic child workers were the worst victims of exploitation and abuse.

The lawyer observed that the law had in fact already been passed by a previous federal government, but was still to be taken up by provincial authorities despite devolution of powers.

“There are no working hours for the children, nor do they have social security which results in exploitation and abuse,” Awan stated.

Not only should the practice be put an end to, but disengaged child labourers should be provided social security, education and welfare, Awan said.

“This has to be done to save them from falling prey to street mafias.”