Where is the law?

It is absence of legal regulation, which among other factors permitted the horror perpetrated in Kasur to go unnoticed

The expose ‎of the organised sexual abuse and extortion of over 280 children in Hussain Khan Wala, Kasur has made evident the terrifying vulnerability of our children and an absolute ineffectiveness of our state apparatus, unable or unwilling to lend protection. The sexual abuse of children, however, is a known, but hushed reality in our society. That over 3,500 children were reportedly subjected to sexual abuse in 2014 has remained an oft-cited statistic in the news this past week. Reports of child abuse have, of recent, emerged from elsewhere: Lahore and Multan. What appalls one about Kasur then is the scale and duration of the abuse and the silence (and probable facilitation) of local authorities.

Much has been said of the abject failure/corruption of the Punjab police in Kasur and the politicking that ensued once the tragedy was exposed. These are, without doubt, subjects worthy of strong criticism. But the Kasur tragedy must of necessity also invite a critical review of Pakistani law (or a lack thereof) on child protection and the rights of children.

There is no provision in the Pakistan Penal Code that deals specifically with the sexual abuse of children, in its varied manifestations — assault, rape, pornography or voyeurism etc. Cases of such abuse are usually prosecuted under general provisions of the code governing sexual offences and assault, which fail to adequately censure and penalise the harm that is done to a child victim. Sections 364-A and 366-A deal only obliquely with sexual abuse of children, criminalising at once the kidnapping or abduction of a child under 14 years of age with the purpose of subjecting him/her to the “lust of any person” and the procuration of an under-18 minor girl knowing that she may be “forced or seduced to illicit intercourse”. Other forms of sexual violence against children remain unregulated. There exists a gaping lacuna in the law.

Does the silence of the law reflect the low prioritisation by the state of the rights of children and an utter disregard of its related constitutional duties and international obligations?

It must be noted that some legislation on the subject does exist, but that too does not provide adequate protection. The Punjab Destitute and Neglected Children Act, 2004 penalises cruelty to and the willful assault and ill-treatment of children. The Act, however, is weak on the regulation of sexual abuse, and only provides against exposure of a child to the risk of seduction, sodomy, prostitution or other immoral conditions — an offence punishable by imprisonment of three years. The Anti-Terrorism Act (ATA) deems "child molestation" a terrorist act, but leaves the scope/extent of the offence undefined. Whether child pornography falls within the ambit of the ATA then remains unclear.

Efforts to introduce a more detailed and comprehensive legal framework of children’s rights have been made time and again. Proposals for legal reform, however, have largely remained shelved, awaiting parliamentary or cabinet approval or a report of a standing committee and so on. The Criminal Law Amendment (Child Protection) Bill (tabled first in 2009), which defined and criminalised child pornography, sexual abuse and internal trafficking in children, stands in limbo. In contravention of the UN Convention on the Rights of the Child, the state is still to set in place the National Commission on the Rights of Children, an autonomous body empowered to inquire into and recommend action against instances of child abuse. The legislature has not yet approved the Charter of Child Rights Bill, 2009 which, in addition to other guarantees, imposes an obligation on the federal and provincial governments to undertake all measures to protect children from all forms of sexual exploitation and abuse. Similarly, the National Child Right Policy has not progressed beyond a mere draft.

The inaction of successive governments is difficult to comprehend. So often there is talk of constitutional supremacy, the Islamic values which serve as the state’s guiding light or the centrality of the family in our society. These declarations demand that pending legislation on child protection figure at the fore of the state’s legislative agenda. It is the absence of legal regulation, which among other factors permitted the horror perpetrated in Kasur to go unnoticed and unchecked for all these years.

Published in The Express Tribune, August 19^th, 2015.

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