When law fails : The tale of Sindh’s child protection law

Government moves to amend legislation after nine years and no progress

KARACHI:

Crimes against children plague Sindh but the provincial government has yet to enact a cure. Various laws in this regard have been advocated for, mulled over and written in the book. But where that should translate into lower crime rates, official data on the contrary indicates an upturn in harrowing offences like child kidnapping, sexual abuse, rape and murder, across Sindh in recent years.

Since 2016, more than 350 children, including 250 boys and 100 girls, have fallen prey to various forms of abuse in the province. Over 116 of these minors were targeted in Karachi alone.

While the provincial government has produced laws to safeguard the rights of children, there has been little thought spared to the implementation of the said rules. The most recent example of this comes from the decade-old Sindh Child Protection Authority Act 2011, which despite tall claims, seems to have missed its mark in the last nine years.

Even as it has failed thus far to implement the law passed in 2011, the Sindh government has now proposed another amendment to the bill and sought feedback from the provincial assembly’s standing committee.

“The existing provisions of this law don’t cover any preventive or curative measures for the multifarious crimes against children who are missing or abducted. Neither is it able to curb the menace of child abduction, trafficking, rape, or murder. Thus a new amendment is being made to it in accordance with the fundamental rights enshrined in the constitution of Pakistan, and in adherence to national and international obligations, including the United Nations Convention on The Rights of the Child,” states a copy of the bill available with The Express Tribune.

However, not a single child protection unit has been established at the district level since the law was first passed. The provincial government has also failed to appoint any ‘child protection officers’ to pursue any cases that might be registered pertaining to child protection. From the stark negligence reflected in the lack of government action, it appears although the child protection authority was established under the law, it has done little but remained dormant for a greater part of its existence.

“Every year, around a budget of around Rs200 million for child protection authority is lapsed because of lack of manpower, infrastructure, and the proper mechanism to deal with child incidents and run authority affairs,” told a social welfare department official, requesting anonymity. “The authority was notified in 2015, four years after the law was passed. But most of its members -who are supposed to address child protection related issues-belong to one particular district, owing to their acquaintance with the then social welfare minister who happened to be the authority’s chairperson,” he added.

“There is no shelter or rehabilitation centre for children. The Child Protection Authority Law passed nine years ago is just an eyewash,” claimed Kashif Bajeer, a child rights activist.

Bajeer further stated that the act passed by the assembly only refers the victims to a different place, rather than resolving the issue. “The government’s seriousness can be gauged from the fact that the Child Protection Authority (made under the act) has not held a single meeting since its inception,” he commented.

Read: One man’s efforts to keep children alive — from hundreds of miles away

According to Bajeer, the position of the authority’s chairperson always rotates due to reshuffles in the cabinet. Whenever portfolios of ministers are changed, the authority sees its new chairperson. Sindh Chief Minister’s Advisor Aijaz Shah Shirazi was the last chairperson, who passed away a few days ago, was the authority’s last chairperson.

Last week, however, the provincial government for the first time, announced its decision to bring the next authority chairperson out of the social welfare department itself. In this respect, Pakistan People’s Party (PPP) Member of Provincial Assembly Shamim Mumtaz, who also works as a member of the child protection authority, has now been handed the task to head the department.

Speaking to The Express Tribune, Mumtaz said that the government had been unable to conduct recruitments in the past due to a ban. “I have assumed office today. As far as I know, the government has deputed social welfare officers in each district of Sindh, to aid children who are victims of violence, abuse and exploitation. In addition to that, six police officers of SSP ranks have also been nominated as focal persons to deal with the issue,” the latest chairperson claimed.

Mumtaz further said that the provincial government has also established a secretariat and is endeavoring to protect several girls from forced conversions, while action is being taken against those involved in child marriage. “We are going to bring amendments to the law to strengthen it. The amendments are under consideration before the standing committee and will soon be passed,” she added.

Iqbal Ahmed Detho, a member of the Sindh National Commission on the Rights of Child, is one of the architects of the amended bill. Briefing on the amendment he said, once it’s approved, it will be mandatory to register a first information report with the police or any law enforcement agency in relation to any child in need of special protection measures, who is reported to the Authority as missing or abducted. While those who do not report will be charged as per the law,” he told.

According to Detho, after amendment, the authority can summon and enforce the attendance of concerned officers by exercising the powers of civil courts under code of Civil Procedure, 1908. The salient features of the amended bill said, “Any report of the child protection officer shall be treated as confidential. However, the substance of such a report shall be open to a child, his parent(s), legal guardian or any other caregiver.” The law further said that no report in any newspaper, magazine, or news outlet should disclose the name, address, or any other particulars which lead to the identification of the child.

Earlier, the social welfare department minister or advisor happened to be the chairperson of the child protection authority made under this act. Now, the amendment has been made to bring a neutral person with significant experience of social welfare and human and child rights to the coveted post. The Sindh chief minister has been given powers to nominate the chairperson.

 

 

Published in The Express Tribune, February 1^st, 2021.