The Illusion of Child Protection in Pakistan

There’s a general consensus among a spectrum of ideologies that the state has a legitimate role in safeguarding a child from any harm. Even Milton Friedman, a Nobel Prize-winning economist, described child protection as the paternalistic function of government. However, the Child Protection Cell in Pakistan, established by the Planning & Development Department in collaboration with UNICEF, fails to provide the necessary care and support to vulnerable children, which eventually encourages child exploitation and trauma.

After the 18^th Amendment, child rights and protection fell under the jurisdiction of provincial governments. The Sindh Child Protection Authority (SCPA) in Sindh, the Khyber Pakhtunkhwa Child Protection and Welfare Act, passed by the KPK government in 2010, the Child Protection & Welfare Bureau in Punjab, and the Child Protection Unit in Balochistan aim to safeguard children from any internal or external harm and to protect the rights of children. Despite the noble objectives of the abovementioned protection cells, the cruel number of child abuse cases is rising at an exponential rate.

According to Sahil’s Six Months Cruel Numbers Report (2024),  1,630 cases of child abuse were recorded from across Pakistan in the first half of 2024, with 862 cases of child sexual abuse, 668 of abduction, 82 of missing minors, 18 of child marriage, and 48 instances of pornography after sexual exploitation. Of these, 59% were female victims and 41% were boys. It is significant to note that while Punjab reported up to 78% of the total cases, 11% came from Sindh and 3% from KPK. The report indicates child abuse as a chronic problem that is not being addressed properly.

The Constitution of Pakistan

Article 25(1) of the Pakistani constitution states that “all citizens are equal before the law and are entitled to equal protection of the law.” Article 37(a) of the constitution states that “no child shall be subjected to torture or other cruel, inhuman, or degrading treatment or punishment.” The constitution’s Article 25(A) (which deals with the right to education), Article 11(3) (which forbids employment of children), and the Pakistan Penal Code’s Section 82 (which grants blanket immunity to children below a certain age) all have different upper limits for the age of children.

While Article 1 of the Convention on the Rights of the Child (CRC) defines a “child” as “every human being below the age of 18 years, unless, under the law applicable to children, the majority is attained earlier,” the Pakistani government has no general agreement on the appropriate minimum age to be a child.

Child maltreatment has been described differently in many cultures; however, most of the definitions agree on four types of child maltreatment, i.e., physical abuse, emotional abuse, sexual abuse, and neglect. Caregivers, including parents, teachers, relatives, and acquaintances, are the most commonly reported perpetrators of child abuse, which accounts for around 80%. Child abuse and neglect cause many psychological disorders in children. The effects may be short-term or long-term. PTSD is the most common of all. The child never escapes from his childhood trauma and has a higher tendency to self-harm.

Key Drivers of Child Protection Service Failure

Political Reasons

Due to political uncertainty, inconsistent policies, and a lack of government attention to the cause, child abuse is increasing exponentially. Around 6% of the total budget is allocated to child protection services in Pakistan, which is far less than required to resolve the issue. In contrast, about 10% of the federal budget in the US is allocated to children-specific programs. Lack of funding from institutions makes it a grave issue. The lack of enough rehabilitation centers, foster homes, and shelters remains a significant challenge.

Legal Reasons

Due to an inadequate legal structure, which doesn’t properly address the rights of children, and a lack of enforcement of existing laws, child exploitation is on the rise. A roadblock to the functioning of child protection agencies is the inability to keep track of child abuse cases, delays in reporting the cases to the courts, and a lack of certainty of attaining justice serves as a downfall in its working. The lack of communication between the child protection cells, police, and legal authorities makes it hard for the child protection units to achieve their aims. The non-uniformity of laws among the provinces also creates a hurdle in the efficient functioning of such cells.

Economic Strain

Poverty and lack of financial resources to meet the needs of the children and to provide them with basic facilities as promised by the Constitution of Pakistan make the situation worse. The inability to afford education results in most of them turning to child labor to make ends meet for their families. An estimated 36 percent, or 25.3 million, of children are out of school, making them more vulnerable to child abuse. The financial conditions of a family may also lead to disturbed family life, which can ultimately lead to a traumatic childhood. The child protection agencies, due to their inability to protect and support these children by not providing them the required food security, emotional security, and physical security, may put these children in more danger.

Administrative Reasons

After the 18^th Amendment, child rights and protection fell under the jurisdiction of provincial governments. The lack of staff and specialized officers in the child protection cells in remote areas makes it difficult for them to give the attention and support needed for child abuse cases. Usually, the children rescued by these cells are sent to overcrowded and underfunded rehabilitation centers, which may endanger child care. The complicated reporting mechanisms and lack of awareness among individuals about the existence of such child protection cells make it difficult for them to get access to unreported cases.

The failure of child protective agencies in rescuing and protecting children has a deep emotional, physical, and psychological impact on children. The children get trapped in abusive households, which may lead them to pose a danger to themselves or society. Their childhood becomes miserable, and they find it very problematic to cope with their traumatic experiences in the past, isolating them from society. Negligence in individual cases leads to widespread child sexual abuse, child trafficking, domestic abuse, and emotional abuse in the community and society.

Recommendations for Action

• There should be a systematic approach focusing on consistent policies and strict enactment of the regulations, dedicated commitment to the cause, watchful supervision by the government, and coordination among the child protection providers and the society. This will help achieve their main objectives and make the society a haven for the children.
• The child protection units should collaborate with NGOs and other funding institutions to address this issue.
• The government should allocate a significant portion of the budget to child protection services to achieve its objectives, whereas donations from national and international organizations should be highly encouraged.
• The federal government, together with provincial governments, should undergo policy changes, make uniform laws, and strengthen the current legal system to enforce regulations in real terms.
• Child protection agencies should emphasize creating awareness and creating a healthy atmosphere that ensures the reporting of child abuse cases.
• Child protection agencies should focus more on the prevention of such cases rather than on just the response and recovery.
• Alternative care, such as rehabilitation centers, foster homes, and shelter homes, should be established for the better and productive future of the children.  

Unlike Pakistan, the Adoption and Foster Care Analysis and Reporting System (AFCARS) in the US estimates that there are 369,000 children in the child welfare system in their most recent report on fiscal year 2022. Despite the large number of foster homes in the US, some states still face a shortage of licensed foster homes. This emphasizes the importance of foster care in the US and the effective working of the Child Protection Cells in the US. But the question arises: will the foster homes be able to help support the victims of child abuse, or will they make the situation more deplorable?

A 2019 study using data from South Carolina finds that juvenile delinquency is twice as likely among youth in foster care as those who do not experience foster care. In contrast, another study indicates that students who experience foster care are more likely to succeed academically than those who don’t experience any foster care. Moreover, cases of child abuse and maltreatment are prevalent among American foster homes, causing many to run away and become homeless. So while they provide a safety net for some children, they can be another threat for others. Therefore, a proper screening mechanism is required before allowing people to foster children.

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