Module 2.4 

Provincial Legal Framework Governing Child Protection in Sindh

The Government of Sindh has enacted a range of provincial laws to protect children and to guide the role of police officers in responding to child-related cases. As child protection, education, labour, and several welfare-related matters fall primarily within provincial responsibility, these laws provide the operational framework for police action within Sindh. Police officers should:

• recognise which Sindh-specific law applies in a given child-related situation
• apply relevant provincial provisions alongside national legislation

2.4.1 Sindh Child Protection Authority Act, 2011

The Sindh Child Protection Authority Act, 2011 establishes the Sindh Child Protection Authority (SCPA) as the lead statutory body responsible for the protection of children at risk in Sindh.

The Act provides a comprehensive child protection framework, covering prevention, rescue, referral, rehabilitation and reintegration.

What is Child Abuse?

Under the Sindh Child Protection Authority Act 2011 (section 2(a-i)), “abuse” means “child abuse and includes physical, psychological or sexual violence, exploitation, comprising economic exploitation and sexual exploitation, including child marriage, child trafficking or exploitative, domestic or commercial child labour, corporal punishment, injury and maltreatment.”

Who is a Child in Need of Special Protection Measures?

Under the Act Section 2(c), a “child in need of special protection measures” includes a child who-

• is victim of violence, abuse and exploitations;
• is subjected to physical and psychological violence, sexual abuse or commercial sexual exploitation;
• is forced into the worst forms of child labour, exploitative labour, or beggary;
• is subject to human trafficking within and outside Pakistan;
• is being misused for drug trafficking or is subjected to abuse of substances like synthetic and non-synthetic narcotic substances and other illegal drugs and substances;
• is engaged in an armed conflict;
• is a child without primary care givers and street children;
• is affected or infected with HIV AIDS;
• is reported as ‘missing child’ to the Authority or Child Protection Unit or any law enforcement agency by his parent or legal guardian;
  has been kidnapped or abducted.

Mandate and Functions of SCPA

The Sindh Child Protection Authority is mandated to:

• Identify and respond to children at risk
• Conduct case management and needs assessment
• Coordinate rescue and protection operations
• Refer children to appropriate services and institutions
• Monitor child protection institutions and shelters
• Coordinate among provincial departments and stakeholders

Role and Legal Obligations of Police under the SCPA Act

Police officers are legally required to:

1. Identify children at riskduring patrols, raids, complaints or investigations
2. Inform and refer cases to SCPA promptly
3. Assist SCPA in rescue and protection operations, where required
4. Provide security and investigation supporting child protection cases

Key Clarification for Police Officers

• A child does not need to be a victim of a crime to be considered a child at risk
• Child labour and child marriage are recognised risk situations, even if culturally accepted or unreported
• Children identified under this Act are children in need of care and protection, not offenders

2.4.2 Other Key Sindh Laws Relevant to Children

In addition to national laws, several Sindh-specific laws are relevant where children are exposed to harm, exploitation or neglect. These laws apply within Sindh and may require police action in accordance with the law, particularly in relation to offences, protection, and coordination with relevant authorities.

• Sindh Children Act, 1955
  Applies to children in need of care and protection and children in conflict with the law. It provides for protective custody, production before competent authorities and placement in institutions. Police powers arise mainly in relation to production before courts and lawful custody, not independent long-term handling.
• Sindh Child Marriage Restraint Act, 2013
  Criminalises marriage involving persons under 18 and penalises those who contract, facilitate or solemnise such marriages. Police may act where offences are reported, including registration of cases and prevention in accordance with law.
• Sindh Domestic Violence (Prevention and Protection) Act, 2013
  Recognises domestic violence broadly and includes children as affected persons. Police involvement arises in response to complaints and offences, and in supporting protection mechanisms established under the Act.
• Sindh Bonded Labour System (Abolition) Act, 2015
  Applies to all persons and abolishes bonded labour and related practices. Enforcement is primarily through District Vigilance Committees and the district administration, while police act where offences are identified, including investigation and action against perpetrators.
• Sindh Prohibition of Employment of Children Act, 2017
  Regulates and restricts employment of children and adolescents in specified sectors. Enforcement is primarily through labour inspectors, with police involvement arising in cases of offences, complaints or enforcement support.
• Sindh Home-Based Workers Act, 2018
  Recognises and regulates home-based workers. While not child-specific, it is relevant where children are engaged in home-based or hidden labour arrangements. Primary implementation lies with labour and welfare authorities; police may act where offences or exploitation arise under applicable laws.