Passing The Torch

Written by Basil Nabi Malik • April 2010

The Protection of Children Bill 2009 will have a far-reaching impact on almost half of Pakistan's population, if passed in letter and spirit. It is amazing to know that almost half of the Pakistani populace comprises individuals below the age of 18. In fact, out of an estimated population of 185 million, children aged up to 14 account for an approximate 40% of the total. These statistics alone indicate why it is necessary to effectively protect this segment so that the proverbial torch may be passed on to them by the old guard.

Dr. Donya Aziz has introduced a private members bill in the National Assembly - The Protection of Children Bill for the protection of children. Although the Bill itself deals with a multitude of issues, a quick overview puts many aspects in perspective.

The Bill seems to focus on prevention of abuse and neglect of children rather than effective punishment for those who undertake such actions. This can be seen in the introduction of the Child Protection Centers to take care of children in need. Although such Centers are indeed a welcome addition to the institutions working for the rights of children all over Pakistan, it is questionable whether this mode of protecting the rights of children would suffice. The Bill also envisions the introduction of a Commission which would be a think-tank-cum-regulatory body. Most of the functions of the said Commission, as per Section 12 of the Bill, deal with those of an independent think tank. For example, reviewing and proposing amendments in laws dealing with children, developing a National Policy and Plan of Action for the protection of the rights of children, etc. However, the body seems to be utterly powerless in actually bringing such violations of the law to a halt.

Regarding punishments for those who abuse or neglect children, the Bill attempts to introduce the Child Protection Courts, which are specialized courts that deal with abuses and custody issues of children in need. What remains to be seen as how this carving out of a jurisdiction will fare for the family courts, which have traditionally dealt with such issues. Furthermore, certain horrific offenses seem to carry forgettable punishment terms. For example, marriage to a female child below the age of 18 and the solemnization of such a marriage hold a maximum punishment of 2 years and a fine of Rupees 1000, respectively.

Although it may be a start in the opinion of many, it is clearly quite lax in condemning or serving as an effective detriment to those who undertake such acts. The impotency of the punishment becomes all the more apparent when one observes that a person can be imprisoned for 5 years if he owns an establishment where harmful substances are found, such as people smoking cigars or drinking alcohol, and a child is present is such an establishment, but only two years if he marries an infant or solemnizes a marriage with the same (which would border on, if not constitute statutory rape, in many jurisdictions!)

Furthermore, there seem to be issues of certain provisions being too open-ended, thereby making those actions incriminating which would normally be considered as normal and usual in a given society.

The Protection of Children Bill, as it stands today, is an important effort in protecting the rights of an extremely significant segment of Pakistan's population. However, it is unfortunate that the Bill, which was introduced in the National Assembly on 30th June, 2009, has still not been finalized, nor has any serious progress made in enacting it as law. It is hoped that in the coming days, the members of the National Assembly would realize the importance of the Bill as it would have a direct impact on about 45% of Pakistan's population.