Child Labour in Pakistan: A Persistent Challenge

Child labour remains a grave concern in Pakistan, posing significant challenges to the country's social, economic, and moral fabric. Despite constitutional and legal safeguards, thousands of children are subjected to exploitative working conditions, depriving them of their fundamental rights to education, health, and a childhood free from exploitation. A recent judgment by the Lahore High Court sheds light on the pervasive issue of child labour in Pakistan and underscores the urgent need for comprehensive action to eradicate this scourge.

The judgment, delivered by Justice Tariq Saleem Sheikh, J., in the case of Muhammad Suleman v. Station House Officer and others (Writ Petition No. 409 of 2020), provides a detailed examination of the legal framework surrounding child labour in Pakistan. It references various statutes, including the Punjab Bonded Labour System (Abolition) Act of 1992, the Punjab Prohibition of Child Labour at Brick Kilns Act of 2016, and the Punjab Restriction of Employment of Children Act of 2016, highlighting the legislative measures aimed at combating child labour.

Despite these legal provisions, the judgment reveals the stark reality of children being subjected to exploitative labour practices, particularly in sectors such as agriculture, brick kilns, mining, and construction. The court acknowledges the deep-rooted socio-economic factors that perpetuate child labour, including poverty, lack of access to education, and societal norms that prioritize economic gain over the well-being of children.

The judgment emphasizes the fundamental rights enshrined in the Constitution of Pakistan, including the right to education and protection from exploitation. It underscores the state's obligation to ensure the elimination of all forms of exploitation, as mandated by Article 3 of the Constitution. However, the court notes with concern the persistent failure of authorities to effectively enforce existing laws and protect children from the scourge of child labour.

Drawing on principles of public interest litigation (PIL), the judgment underscores the role of the judiciary in addressing systemic issues affecting the most vulnerable segments of society. By converting the petitioner's application into a constitutional petition under Article 199 of the Constitution, the court acknowledges the wider implications of the case and the need for judicial intervention to safeguard the rights of children.

The judgment also delves into the jurisprudence surrounding PIL, citing examples from foreign jurisdictions such as India and the United States. It highlights the progressive approach adopted by courts in these countries to address issues of public importance, including the protection of fundamental rights and the promotion of social justice.

In light of the judgment, it is imperative for stakeholders, including the government, civil society organizations, and international bodies, to intensify efforts to combat child labour in Pakistan. This requires a multi-faceted approach that addresses the root causes of child labour, including poverty, lack of access to education, and inadequate enforcement of labour laws.

Key measures include:

·Strengthening legislative frameworks: The government should enact and enforce robust laws that prohibit all forms of child labour and ensure stringent penalties for violators.

Education and awareness: Efforts should be made to increase access to quality education, especially for marginalized communities, to prevent children from being forced into labour due to economic necessity.

Enforcement and monitoring: Authorities must enhance monitoring mechanisms to detect and prosecute cases of child labour, ensuring that perpetrators are held accountable for their actions.

International cooperation: Collaboration with international organizations and donor agencies can provide valuable support in addressing the root causes of child labour and implementing effective interventions.

In conclusion, the judgment highlights the urgent need for concerted efforts to eradicate child labour in Pakistan. It calls upon all stakeholders to prioritize the protection of children's rights and work towards building a society where every child can grow and thrive in a safe and nurturing environment, free from exploitation and abuse.