The United Nations General Assembly adopted the UN Convention on the Rights of the Child (UNCRC) on November 20, 1989, followed by annual celebration of the day as Children’s Universal Day across the world. Pakistan was the first Islamic country to sign and ratify the UNCRC on November 12, 1990.

However, there were hardly any serious efforts before 2002 to bring a national level policy to protect the children of the state. Despite a large number of reported incidents of child sexual abuse and other forms of violence against children in the country, no serious attention is paid to address the important subject of children.

Article 25 (3) of the Constitution of the Islamic Republic of Pakistan on equality of citizens prominently recognises special right for children saying, "Nothing in this Article shall prevent the State from making any special provision for the protection of women and children."

"Pakistan has never seriously implemented the Observations and Recommendations of the UN Committee on the Rights of the Child and Universal Periodic Review (UPR) in letter and spirit. There is lack of political will and absence of national and provincial level bodies and statuary status to meet these national and international obligations to protect our own children," says Habiba Salman, senior programme officer at Sahil, a non-governmental organisation working against child abuse.

She says no national policy has been made on this issue. Meanwhile, the 18th Amendment was passed which devolves child rights to the provinces. "Efforts have been made to table and introduce some laws in the provinces but their notification, making laws and rules, and implementation is a matter of concern."

Following the 18th Amendment, provinces are supposed to make laws to ensure child rights and protection.

Habiba Salman points out that, currently, no law covers child pornography. Sexual abuse is dealt under Pakistan Penal Code sections about rape or sodomy. There is no clear definition of molestation or laws about commercial sexual exploitation.

Also read: A quagmire

Every person below the age of 18 years is considered a child under UNCRC. According to estimates, around 50 per cent of the total population of Pakistan consists of children less than 18 years of age.

The UNCRC highlights the term "abuse" in its articles. The UNCRC urges the states to take effective steps on this issue. Article 19 (Protection from all forms of violence) states "Children have the right to be protected from being hurt and mistreated, physically or mentally. Governments should ensure that children are properly cared for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them."

There are lacunas in the existing laws. The Punjab Destitute and Neglected Children Act 2004 is also considered weak to deal with child abuse. The Khyber Pakhtunkhwa Child Protection and Welfare Act 2010 is considered relatively better. The KP law also covers child pornography and sexual harassment but there is no hard punishment.

Section 40 of the Punjab law reads, "Whosoever secures custody of a child ostensibly for any purpose but exposes such a child to the risk of seduction, sodomy, prostitution or other immoral conditions, shall be punished with imprisonment of either description for a term which may extend to three years or with fine which may extend to Rs50,000 or with both."

Section 48 of the KP law reads, "Whosoever commits an offence of child pornography shall be punished with rigorous imprisonment of either description for a term which may not be less than three years and may extend to seven years and also liable to fine which may not be less than Rs200,000 and may extend to Rs500,000."

Section 50 of the law says whoever seduces a child by any means with an intent "to involve him in any sexual activity or exposes him to obscene and sexually explicit material, document, a film, video or a computer generated image or attempts to do this action, shall be punished with rigorous imprisonment of either description for a term which may extend to seven years or liable to fine which may extend to Rs10,000 or with both."

The Sindh Child Protection Authority Act 2011 has been passed but not notified yet. The National Child Protection Centre and Right to Free and Compulsory Education Act 2012 has also been extended to the Federally Administered Tribal Areas (Fata). The KP Child Protection Act has not been effectively implemented. While, for the past two years, the final draft of child protection policy of Punjab is awaiting approval and notification.

In Punjab, there is no child protection policy yet. Child Protection Welfare Bureau focuses on children affected by violence. It takes the affected children into custody through a court set up within the bureau. There is no policy and legislation to deal with child abuse. The situation in Balochistan is even worse.

"The Punjab government, with the help of UNICEF and other groups, has finalised a draft of children protection policy but it is pending for approval for the past two years," says Hina Jilani, well-known human rights activist and legal expert.  She urges the need to remove lacunas in the existing laws.

In the backdrop of the child abuse case in Kasur, UNICEF has also urged the government to introduce the much-needed reforms and come up with laws on child pornography and other specific laws to curb child sexual abuse. It also calls for concerted efforts to bring the existing laws in conformity with international standards.

Manifestoes of political parties hardly address children’s issues. In 2013 general election manifestoes, Muttahida Qaumi Movement (MQM) and Awami National Party (ANP) showed commitment for effective legislation against child abuse, among other human rights violations. However, they did little about this issue.

Anees Jillani, a human rights activist, says "Policies are always a guideline. There were efforts for the first comprehensive national policy on children’s protection during the Musharraf era that could not be launched. The challenge is that there is no political will to understand the importance of this issue. After the 18th Amendment, the situation is still disappointing."

Child Rights Movement (CRM), a coalition of over 200 NGOs and experts working for the protection and promotion of child rights in Pakistan, has demanded from the government the establishment of a child protection system in Punjab, Balochistan, Fata, AJ&K, GB and Islamabad with active involvement of the communities to prevent growing violence against children, including child sexual abuse. The CRM also demands that child protection systems in Sindh and Khyber Pakhtunkhwa must be strengthened and adequately equipped in terms of resources and skills.

"The pending laws and policies, such as the National Child Protection Policy must be approved and the rules of business, budgetary allocations and other requirements of the already approved national and provincial laws must be immediately followed up. All laws must be reviewed, and if needed, amended, to be in line with the UNCRC," recommends CRM to the government.

The movement has says violence against children must be clearly defined, criminalised, monitored and checked through adequate measures. "This must include the improvement of processes for reporting, investigating, forensic procedures, maintaining the dignity of the child and increasing convictions and establishing real Borstal Institutions," it adds.

CRM  Recommendations

• The federal government must urgently enact the long-pending National Commission on the Rights of Children Bill and the Child Protection (Criminal Laws) Amendment Bill including maximum punishments of life-long imprisonment until death, without possibility of parole, remission or pardon for pedophilia, rape and gang-rape convicts;
• The State of Pakistan must ensure, at the earliest, that the legislation and systems in place for Child protection and development are in line and compatible with the State’s signed and ratified international instruments and protocols, particularly the UNCRC;
• n The government must ensure immediate protection of the all-important visual, chemical and forensic/DNA evidence;
• n The government of Punjab must immediately arrest all the perpetrators involved in the sexual abuse and production of the pornographic material of hundreds of children and the police and the provincial government representatives should refrain from putting pressure on the traumatised children and their families regarding lodging FIRs and identification of the accused;
• The government must ensure that the survivors’ families are not pressurised to accept any out-of-court settlement/compensation through the police or perpetrators’ influence;
• The government of Punjab should immediately approve the long awaited Punjab Child Protection Policy and enact a comprehensive Child Protection legislation;
• The government and civil society should join hands to create widespread awareness among children, parents and caregivers and teach children to be assertive;
• Establish and strengthen Child Protection System across all the federating units in Pakistan and establish protective agencies and coordination mechanisms and train duty bearers;
• Federal and provincial governments should allocate resources for implementation of laws related to Child Rights and Protection.
• Pedophilia perpetrators must compulsorily undergo psychiatric treatment in prison;
• The government must provide free, highest quality surgical, medical and post-trauma psychiatric treatment for the survivors’ rehabilitation and support for their immediate families;
• The media, government, and politicians must respect the victims and their families’ privacy and dignity, by not exploiting them in media-rating wars, or political point-scoring photo opportunities;
• The print and electronic media must adhere to the Media Code of Ethics they have voluntarily adopted; i.e. no identification, naming or depiction of victims;
• The electronic media should devote 5 per cent of airtime to public service messages for awareness raising and sensitisation to change societal attitudes towards women and children, especially child protection from sexual abuse.

Child Rights Movement (CRM) Pakistan is a coalition of over 200 NGOs and experts working for the protection and promotion of child rights in Pakistan with a National Chapter, 4 Provincial Chapters and the AJ&K, FATA and GB Chapters.