The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010

                                                      Part-1

Overview of the Act:

The act covers the following major areas:

  1. Establishment of Child Protection and Welfare Commission
  2. Child Protection Unit, Child Protection Officers and Child Protection Institutions
  3. Child  Protection and Welfare Fund
  4. Child Protection Courts
  5. Rescue, Care, Protection and Rehabilitation of Children at Risk
  6. Sentencing of Child
  7. Offences and Penalties
  8. Miscellaneous

Given the length of the Act, the summary of the Act is divided into two parts: Part 1 and Part 2.

Part 1 explains the Establishment of Child Protection and Welfare Commission, and the Offences and Penalties, while Part 2 explains Child Protection Unit, Child Protection Officers and Child Protection Institutions.

 

1. Khyber Pakhtunkhwa Child Protection and Welfare Commission:

The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, proposed that the Government should establish a commission, subject to commencement of the act. The commission should be called “Khyber Pakhtunkhwa Child Protection and Welfare Commission”.

  • The Commission shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire land in accordance with law and hold properties both movable and immovable and may sue and be sued by the said name.           
  • Government may transfer state land or building, free of cost, to be utilized for the purposes of this Act. 

2. Offences and Penalties  

  • Abolishment of Corporal Punishment: Corporal punishment stands abolished in all its kinds and manifestations and its practice in any form is prohibited as provided under section 89 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860).  
  • Punishment for Corporal Punishment: Whosoever causes or permits to cause corporal punishment, through omission or commission, in any form, under any circumstances or for any purpose, to a child, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees, or with both.
  • Fraud or Deceit on A Child: Whosoever, by words, spoken or written, or by signs or otherwise, incites, attempts to incite, deceits or allows a child to engage in any activity which is harmful for the physical, mental, emotional, economic and social well-being of a child shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one hundred thousand rupees or both.
  • Violence against a Child: Whosoever, commits an act which cause or intend to cause, harm, pain, suffering or humiliation to a child, destroys, defiles or diminishes the value of any property belonging to him, is said to have committed an offence of violence.
  • Punishment for Violence: Whosoever, commits violence against a child shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to one hundred thousand rupees; provided that if the offence is committed by a group of more than two persons, the term of imprisonment which may extend to ten years each with a fine which may extend to one hundred thousand rupees each.
  • Harmful Practices: Whosoever, coerces or induces any child to indulge in or to undertake any activity or vocation for the purposes of complying with a tradition or a custom, which is or might be dangerous, harmful, hazardous or otherwise improper for any child, shall be guilty of the offence of harmful practice.
  • Punishment for Harmful and Abusive Practices: Whosoever commits the offence of harmful practice shall be punished with imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or both.
  • Dealing in Organs of a Child: (1) Whosoever illegally sells, purchases, delivers, transports, imports, exports, keeps or deals in any manner whatsoever in organs of a child, directly or indirectly, with or without consideration, or aids or abets in the commission or omission of the above, shall be guilty of an offence.            ) Notwithstanding anything contained in sub-section (1) of this section an act of implantation or transplantation of organs or tissues from the body of a living child, if authorized by qualified medical experts and conducted under their supervision in accordance with the standards of medical profession in the best interest of the child, shall not constitute an offence.
  • Punishment for Dealing in Organs of a Child: Whosoever, commits the offence of dealing in organs of a child may be punished with sentence of death or imprisonment for life and shall also be liable to fine which may extend to one million rupees.
  • Unauthorized Custody: Whosoever takes a child at risk, into his custody in contravention of the provisions of this Act, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both.
  • Punishment for Attempting to Commit an Offence: Whosoever attempts to commit an offence punishable under this Act or to cause such an offence to be committed, shall be punished with the punishment provided for that offence.
  • Cruelty to a Child: Whoever, not being a parent, having the actual charge of or control over a child, willfully assaults, ill-treats, neglects, abandons or exposes him to be assaulted physically, or negligently fails to provide adequate food, clothes or medical aid, or behaving with the child in a manner likely to cause such child unnecessary mental and physical suffering, shall be punished with rigorous imprisonment for a term which may extend to three years and shall  also be liable to a fine  which may extend to fifty thousand rupees:            
    • Provided that where some reasonable punishment, not corporal punishment, in good faith is administered to a child by the person having lawful control or protective care of the child as parents normally would do for the betterment of the child, it shall not be deemed to be an offence under this section.  
  • Employing Child for Begging: Whoever employs any child for the purpose of begging or causes any child to beg or whoever having the protective care of a child connives at or encourages his employment for the purpose of begging, shall be punished with rigorous imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to fifty thousand rupees.
  • Giving Intoxicating Liquor or Narcotics Drug to Child: Whoever gives or causes to be given to any child any intoxicant or narcotic drug, except upon the prescription of a duly qualified medical practitioner, shall be punished with rigorous imprisonment of either description for a term which may extend to four years and shall also be liable to a fine which may extend to fifty tho