Constitutional Safeguards
Constitutionally, the rights of children are protected and provided for in various different Articles relating to the several issues that children in Pakistan face. The Constitution through Article 11 requires the State to fully diminish all forms of exploitation, slavery, human trafficking and forced labour. It stipulates that children under the age of 14 should not be made to work in mines, factories or in other hazardous occupations. Article 11 of the Constitution is widely interpreted by the Courts to also include prohibition of child labour and bonded labour as well. In Muhammad Siddique v. Mansha[1] the Lahore High Court took the view that brick kiln owners could not engage labour after making advance payments as it is not only a direct violation of the fundamental guarantees provided under Article 11 of the Constitution but also constitutes an offence under Sec. 11 and 12 of the Bonded Labour (Abolition) Act 1992.
The Constitution also provides safeguards against arrest and detention which extend to children as well. In Abdul Khattab v. the State,[2] the Lahore High Court observed that “there is a complete procedure and mechanism provided for the trial of the child under the Juvenile Justice System Ordinance, 2000 and if some provision of the Ordinance is not followed, the trial will become illegal”. Although the Ordinance has now been replaced by the Juvenile Justice System Act 2018, the principle outlined by the Court may still be applicable.
In Arbelo Kalhoro v. the State, the Karachi High Court took note of the fact that a minor accused had been kept in inhuman conditions and handcuffed against the mandate of the law. The juvenile complained that he was not served any water throughout the journey and was under threat of torture throughout. In such circumstances, the High Court ordered the accused to be released on executing a personal bond.[3]
The Constitution also provides for free and compulsory education for all children between the ages of five and sixteen by the State.
| Article | Content |
| 3 | Elimination of Exploitation |
| 11 | Slavery, Forced Labour etc. Prohibited |
| 25A | Right to Education |
| 37E | Promotion of Social Justice and Eradication of Social Evils |
| Figure 7.1 – Constitutional Safeguards for the protection of the rights of children in Pakistan.
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[1] 1997 PLD Lahore High Court 428
[2] Abdul Khattab v. the State, 2003 YLR
[3] Arbelo Kalhoro v. the State, 2010 YLR 1750