Pakistan’s child protection framework is shaped by constitutional guarantees, federal legislation and provincial laws. Together, these instruments provide the legal basis for the protection of children from violence, abuse, neglect, exploitation and harmful practices. They also define the responsibilities of state institutions, including the police, courts, child protection authorities, education departments and welfare services.
For police trainers, it is important to understand this framework in a practical manner. The Constitution provides the overarching rights-based foundation. National laws set out criminal offences, procedures, institutional mechanisms and safeguards that apply across Pakistan, including Sindh. Provincial laws in Sindh supplement this framework by addressing child protection, education, child marriage, corporal punishment and child labour within the provincial context.
1. Constitution of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, 1973 is the supreme law of Pakistan. It was passed by Parliament on 10 April 1973 and came into force on 14 August 1973. The Constitution defines the structure of the State, the powers of public institutions, and the rights of citizens. It provides the legal foundation for governance and sets out both enforceable fundamental rights and broader principles of policy.
In relation to children, the Constitution establishes key protections against exploitation, forced labour, hazardous work and discrimination. It also recognises the State’s responsibility for education, family protection and humane conditions of work. These provisions form the constitutional basis for child protection laws and policies in Pakistan.
Constitutional protections relevant to children
Fundamental Rights
Article 3
Calls for the elimination of all forms of exploitation and for ensuring that each person is treated in accordance with law and fairness.
Article 11(1)
Prohibits slavery in all forms and does not permit its introduction in Pakistan.
Article 11(2)
Prohibits all forms of forced labour and trafficking in human beings.
Article 11(3)
Prohibits the employment of any child below 14 years of age in a factory, mine or any other hazardous employment.
Article 25(1)
Provides that all citizens are equal before law and are entitled to equal protection of law.
Article 25(2)
Prohibits discrimination on the basis of sex.
Article 25(3)
Allows the State to make special provisions for the protection of women and children.
Article 25A
Provides that the State shall offer free and compulsory education to all children aged 5 to 16 years in the manner determined by law.
Principles of Policy
Article 35
Requires the State to protect marriage, the family, the mother and the child.
Article 37(a)
Requires the State to promote, with special care, the educational and economic interests of backward classes or areas.
Article 37(b)
Requires the State to remove illiteracy and provide free and compulsory secondary education within the minimum possible period.
Article 37(e)
Requires the State to secure just and humane conditions of work and to ensure that children and women are not employed in vocations unsuited to their age or sex, while also providing maternity benefits for women in employment.
Relevance for Child Protection and Police
These provisions provide a constitutional basis for child protection in Pakistan. They support legal and policy measures on education, child labour, trafficking, equality, family protection and humane treatment. For police and other public authorities, these articles are relevant because they establish the State’s duty to protect children from harm and to uphold their rights within law, policy and practice.
2. National Laws Applicable in Sindh
A number of federal laws are relevant to child protection and apply in Sindh. These laws address criminal offences against children, procedures for investigation and trial, juvenile justice, online abuse, trafficking, probation, missing children and institutional oversight.
Pakistan Penal Code, 1860
The PPC is the principal criminal law statute in Pakistan. It defines a wide range of offences and prescribes penalties for conduct that harms individuals, including children. In the child protection context, the PPC is relevant because it covers offences such as assault, hurt, wrongful confinement, kidnapping, abduction, trafficking-related conduct, sexual offences, exploitation and cruelty.
The PPC provides the substantive criminal law basis for prosecuting many offences committed against children. For police officers, it is one of the main legal tools used when registering cases, framing charges and supporting criminal investigations involving child victims.
Code of Criminal Procedure, 1898
The CrPC sets out the procedural framework for the investigation, arrest, bail, trial and prosecution of criminal offences. While the PPC defines offences, the CrPC explains how criminal cases are processed through the justice system.
In child protection cases, the CrPC is relevant because it governs police powers and duties during investigation, including the recording of complaints, arrest procedures, production before the court, collection of evidence and coordination with prosecutors and courts. Its provisions must be read together with child-specific laws such as the Juvenile Justice System Act, 2018 and the Anti-Rape (Investigation and Trial) Act, 2021 to ensure that children are treated in a lawful and child-sensitive manner.
Probation of Offenders Ordinance, 1960
The Probation of Offenders Ordinance, 1960 allows certain offenders to be released on probation instead of being sentenced to imprisonment, subject to conditions imposed by the court. It is intended to support rehabilitation and reduce unnecessary incarceration.
The Ordinance is relevant to children because it provides an alternative approach for young offenders, with emphasis on supervision, guidance and reintegration. A child placed on probation may be required to remain under the supervision of a probation officer and comply with conditions set by the court. This reflects a rehabilitative approach that takes account of the age and development of children in conflict with the law.
Prevention of Electronic Crimes Act, 2016
PECA is the principal federal law dealing with cybercrime in Pakistan. It addresses offences committed through electronic systems, including unlawful access, electronic fraud, online harassment and cyber bullying.
In relation to children, the law includes specific provisions on online sexual abuse and exploitation. Amendments incorporated through the Criminal Laws (Amendment) Act, 2023 strengthened the child protection aspects of PECA by criminalising child pornography under Section 22, online grooming, solicitation and cyber enticement under Section 22A, commercial sexual exploitation of children under Section 22B, use of information systems for kidnapping, abducting or trafficking of a minor under Section 22C, and cyber bullying under Section 24A.
This law is relevant for police because child abuse and exploitation increasingly occur through digital platforms. It provides an important legal basis for investigating online offences against children.
National Commission on the Rights of Child Act, 2017
The National Commission on the Rights of Child Act, 2017 established the NCRC as an independent statutory body for the promotion and protection of children’s rights in Pakistan.
The NCRC has the mandate to review laws, policies and practices, inquire into violations of children’s rights, conduct research, promote awareness, build capacity and advise government institutions on legal and policy matters relating to children. Although it is not a law enforcement body, its role is important within the national child rights framework as it supports accountability, monitoring and policy development.
Juvenile Justice System Act, 2018
The Juvenile Justice System Act, 2018 governs the treatment of children in contact with the criminal justice system. It applies to all children under 18 years of age and recognises that children must be dealt with differently from adults because of their age, maturity and vulnerability.
The Act provides safeguards in relation to arrest, detention, bail, legal assistance, trial and rehabilitation. It also provides for juvenile courts, rehabilitation centres and other protective arrangements. It recognises the rights of children to legal representation, to be informed of their rights, to be heard and to be protected from abuse and ill-treatment.
The Act classifies offences into three categories:
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Minor offences, punishable under the PPC with imprisonment up to 3 years, with or without fine. A juvenile is entitled to bail, with or without surety.
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Major offences, punishable with imprisonment of more than 3 years and up to 7 years, with or without fine. Bail may also be granted, with or without surety.
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Heinous offences, punishable with death, life imprisonment, or imprisonment of more than 7 years, with or without fine. A juvenile under 16 years of age is entitled to bail in such cases. For juveniles over 16, bail is subject to the discretion of the court.
This law is central for police training because it sets child-specific legal standards for dealing with children alleged or accused to have committed offences.
Prevention of Trafficking in Persons Act, 2018
The Prevention of Trafficking in Persons Act, 2018 is a federal law that aims to prevent and combat trafficking in persons, protect victims and promote national and international cooperation.
The Act criminalises trafficking, including forced labour and sexual trafficking. Section 3(2) provides enhanced penalties where the offence is committed against a child or a woman. In such cases, punishment may include imprisonment for up to 10 years, with a minimum sentence of 2 years, a fine up to one million rupees, or both.
The Act is also relevant because it places responsibility on police and FIA for investigation of internal and external trafficking respectively. It further recognises the importance of awareness, coordination and data collection in addressing trafficking offences.
Zainab Alert, Response and Recovery Act, 2020
The Zainab Alert, Response and Recovery Act, 2020 was enacted to improve the response to missing and abducted children. It is named after Zainab Ansari, whose case drew national attention to the need for a stronger legal and institutional response.
The Act provides for the establishment of the Zainab Alert, Response and Recovery Agency under Section 3. It aims to make it easier for parents and guardians to notify the authorities when a child goes missing. It also provides for an emergency alert system and the development of a national database of missing and recovered children.
This law is relevant for policing because it supports a more structured and time-sensitive response to missing child cases.
Anti-Rape (Investigation and Trial) Act, 2021
The Anti-Rape (Investigation and Trial) Act, 2021 was enacted to strengthen the investigation and trial of rape and sexual abuse cases involving women and children. It aims to improve procedures and reduce delays, while also providing greater safeguards for victims.
Under Section 2(b) and 2(k), the Act applies to women and to children under 18 years of age of any gender in relation to scheduled offences, including relevant provisions of the PPC and PECA. The Act provides for anti-rape crisis cells, special joint investigation teams, special courts, and victim and witness protection arrangements.
For child protection, the law is important because it seeks to reduce trauma for child victims during interviews, medical examination and court proceedings, while improving coordination and case management.
3. Provincial Laws in Sindh
Sindh has enacted a number of laws that address child protection directly within the provincial context. These laws relate to juvenile justice administration, child protection systems, education, child marriage, corporal punishment and child labour.
Sindh Children Act, 1955
The Sindh Children Act, 1955 is an early provincial law dealing with the care, protection and rehabilitation of children. It provides for juvenile courts, probation officers and institutional arrangements such as children’s homes and remand homes.
The Act lays down procedures relevant to children who require care or who come into conflict with the law. Although later legislation, including the Juvenile Justice System Act, 2018, has introduced updated standards, the Sindh Children Act remains part of the provincial legal history of child protection and juvenile justice.
Sindh Child Protection Authority Act, 2011
The Sindh Child Protection Authority Act, 2011 established the SCPA as the lead provincial institution responsible for child protection in Sindh. The Authority is mandated to prevent and respond to abuse, neglect, exploitation and violence against children.
The Act also provides for child protection structures, including a Child Protection Unit and Child Protection Committees at district and tehsil levels. These mechanisms are intended to support coordination, monitoring and service delivery within the provincial child protection system.
This law is highly relevant for police because SCPA is a key institutional partner in referral, protection and case management.
Sindh Right of Children to Free and Compulsory Education Act, 2013
The Sindh Right of Children to Free and Compulsory Education Act, 2013 gives legal effect in Sindh to the constitutional guarantee of education for children aged 5 to 16 years.
The Act provides that every child in this age group is entitled to free and compulsory education, including non-formal or vocational education where relevant, without discrimination based on gender, caste or religion. It also contains provisions relating to disadvantaged children, age-appropriate enrolment, duties of government and local authorities, school infrastructure, staffing, transport and the promotion of pre-school education.
The Act further prohibits capitation fees and screening procedures that may exclude children from admission. It also provides for school management committees and an Education Advisory Council to support implementation.
This law is relevant to child protection because exclusion from education is closely linked to child labour, early marriage, exploitation and other protection risks.
Sindh Child Marriages Restraint Act, 2013
The Sindh Child Marriages Restraint Act, 2013 sets the minimum legal age of marriage for both girls and boys at 18 years in the province of Sindh. The Act prohibits child marriage and establishes criminal penalties for individuals who contract, facilitate or solemnise such marriages.
Under the law, a child marriage refers to a marriage in which either of the contracting parties is under 18 years of age. The Act provides that any adult male who contracts a child marriage may be punished with imprisonment and a fine. It also imposes penalties on parents, guardians or other persons who arrange, promote or permit a child marriage. Similarly, a marriage registrar, Nikah registrar or any person who solemnises a child marriage may be subject to legal action.
The Act places a legal responsibility on marriage registrars to verify the age of the bride and groom before registering the marriage. Registrars are required to ensure that both parties meet the minimum legal age. Failure to do so may result in penalties under the law.
The Act also enables authorities to take preventive action where there is information that a child marriage is about to take place. Courts may issue orders to restrain such marriages and take measures to protect the child involved. This provision supports early intervention by law enforcement and relevant authorities.
For police and other child protection actors, the Act provides a legal basis to respond to complaints, prevent child marriages and initiate legal proceedings against individuals involved in arranging or facilitating such marriages. It also supports coordination with local authorities, marriage registrars, community members and child protection institutions in preventing child marriage.
Sindh Prohibition of Corporal Punishment Act, 2016
The Sindh Prohibition of Corporal Punishment Act, 2016 prohibits corporal punishment in public and private settings. It applies in schools, workplaces, religious institutions, child care centres, foster care, rehabilitation centres, juvenile detention centres and other alternative care settings.
The Act defines corporal or physical punishment broadly to include physical harm and mental abuse. Section 3 prohibits corporal punishment in all relevant settings, while Section 3(3) allows only disciplinary measures that are consistent with the child’s dignity and bodily autonomy and that do not harm the child’s physical or mental development.
Section 4 links punishments to relevant offences under the PPC, including assault, hurt and criminal force. This law is important because it establishes a clear provincial prohibition on violent and humiliating punishment of children.
Sindh Prohibition of Employment of Children Act, 2017
The Sindh Prohibition of Employment of Children Act, 2017 prohibits the employment of children and regulates the employment of adolescents in certain occupations and processes.
Under the Act, a child is a person under 14 years of age, while an adolescent is a person who has completed 14 years but not 18 years. The law prohibits all employment of children in any establishment and prohibits the employment of adolescents in hazardous work listed in the Schedule. The Schedule includes 38 occupations and processes.
Violations of the Act are punishable by imprisonment, fines or both. Where a child is employed in hazardous work, penalties are higher. This law is central to the provincial child labour framework and is relevant to police, labour authorities and child protection actors dealing with exploitation and hazardous work.
Concluding Note
The legal framework on child protection in Sindh is based on a combination of constitutional guarantees, federal legislation and provincial laws. For police trainers, this framework is not only legal background material. It also provides the basis for action in real cases involving abuse, violence, exploitation, child marriage, child labour, trafficking, online offences, missing children and children in conflict with the law.