Human rights, child rights, civil society activists, legal experts, independent human rights institutions, police and government representatives on Thursday underlined the need to finalise a law to criminalise child domestic labour to curb the slavery-like practice in the country, which is exploitative.
They expressed serious concern about the increasing incidents of torture and even deaths of child domestic workers in different parts of the country, especially recent cases of torture of child domestic workers such as Fatima Phuriro and Rizwana, which were highlighted by the media and thousands of other cases which were not reported.
These concerns were expressed at a consultation on 'The Prohibition of Child Domestic Labour Bill 2024'. The National Commission on Rights of the Child (NCRC) and UNICEF had jointly organised the consultation at a local hotel. The consultation aimed to discuss the proposed Prohibition of Child Domestic Labour Bill 2024 with the key stakeholders and get their recommendations to be incorporated into the law.
The main speakers included a Member of the National Commission for Human Rights (NCHR) -Sindh 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.
The speakers identified poverty as the main reason for child domestic labour in Pakistani society. They pointed out both parents and employers, who are mostly rich families, were deemed responsible for this menace. The meeting stressed the need to incentivise 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. The consensus was that it needed to be brought to a conclusion. The consultation also addressed the issue of minor girls who are kept at home, emphasising the need for parental awareness and the role of NGOs in this regard.
Haroon pointed out that over 6 million school-going children are out of school in Sindh, which is alarming.
Miqdad Mehdi, an advocate of the high court, pointed out that initially, there was a denial of child domestic labour at the government and social levels. However, he said over time, it was realised that it was a serious issue in our society. He referred to an expert's statement that child labour was a modern form of slavery.
Zulfiqar Shah, a member of SHRC, pointed out that the economy and prevalent political system were the main causes of such practices in Pakistan.
Syed Iqbal Zaidi, a member of the NCRC, revealed that 45% of the population falls under child labour, and lower enrollment in Pakistan was a major cause of it.
NCRC Member Pirbhu Lal said the proposed Prohibition of Child Domestic Labour Bill 2024 seeks to instigate transformative change by reinforcing legal measures against those involved in engaging children as domestic labour.
By classifying child domestic labour (CDL) as a non-compoundable, non-bailable, and cognisable offence, the NCRC underscores its commitment to prioritising the rights and well-being of children.
He explained that the proposed bill intends to amend the Pakistan Penal Code, 1860, and the Code of Criminal Procedure, 1898, criminalising CDL and eliminating this widespread menace. Titled the Criminal Amendment (Prohibition of Child Domestic Labor) Bill, 2024, it signifies 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 criminalises 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 of not less than Rs500,000. The offences related to child domestic labour are categorised as non-bailable, non-compoundable, and cognisable.
For 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 and another in Lahore on December 20, 2023, followed by one in Quetta with key stakeholders participating, including government representatives, civil society organisations, and experts in child rights.