HISTORY OF PAKISTAN RESEARCH PAPER FALL-2011

Topic: Child Labor in Pakistan

Submitted by: Roll Number: Section: Submitted to:

Waleed Bin Khalid 11i-0011 B Sir Umer Yaqoob

Dated: September 30th, 2011

Table of Contents
Preface .......................................................................................................................................................... 1 What is Child Labor? International Definition ............................................................................................ 1 Child Labor Definition UNICEF .................................................................................................................. 2 ILO and UNICEF conventions on Child Labor..........................................................................................2 Child Labor in Pakistan - Facts and Causes.............................................................................................4 Child Labor and Constitution of Pakistan...............................................................................................7 Minimum Age and Protection of Young Workers in Constitution of Pakistan.......................................8 Factories act 1934..................................................................................................................................9 Employment of Children Act 1991........................................................................................................12 Suggestions/Remedies to control Child Labor.....................................................................................18 Conclusion..........................................................................................................................................20

Preface:
Child Labor is always related to the violation of the basic rights of children. However, every work that children indulge in cannot be categorized as child labor. This research paper assesses the International norms regarding child labor after understanding the notion of child labor and current situations and laws implemented in Pakistan. Causes behind child labor have been focused. The research paper aims to highlight the socio-economic issue responsible for the profusion of child labor in Pakistan. The exploitation of children at work is therefore a major problem for human rights in Pakistan. Pakistan is an economically developing state, that is why the cases of children indulging in health hazard work is prominent. The actions taken for helping the working children is thereby assessed.

What is Child Labor? International Definition

The simple and basic definition of Child Labor is the employment children under a certain age at regular basis. The minimum age of children to be classified as child labor as decided by "International Labor Organization" (1973) under the Minimum Age Convention is 14

to 16 years. The standard definition of Child Labor according to the International Labor Organization is: 1. When a child works during early ages 2. He overworks or gives over time to labor 3. He works due to psychological, social and materialistic pressure 4. He becomes ready to labor on a very low pay Child labor is considered exploitative and inappropriate in many developed countries. They do not allow hiring of children under the minimum age limit as decided by ILO. However according to the Child Labor Laws in United States of America the minimum age to work in industrial field without parents consent is 16 and in agricultural sector it is 12.

Child Labor Definition UNICEF

UNICEF defines child labour as work that exceeds a minimum number of hours, depending on the age of a child and on the type of work. Such work is considered harmful to the child and should therefore be eliminated Ages 5-11: At least one hour of economic work or 28 hours of domestic work per week Ages 12-14: At least 14 hours of economic work or 28 hours of domestic work per week. Ages 15-17: At least 43 hours of economic or domestic work per week.

International Labor Organization (ILO) and UNICEF Conventions on Child Labor

Realizing the importance of this global issue ILO followed its comprehensive research and introduced several conventions. Convention No. 182 adopted in Geneva on June 16th, 1999 helped to focus the international spotlight on the urgency of action to eliminate, the worst forms of child labor without losing the long term goal of the effective elimination of all child labor. ILO introduced Convention No. 138 on Minimum Age for Admission to Employment and Work. The main principles of the ILOs Convention concerning the minimum age of admission to employment and work are in the table below

The minimum age Possible at which children exceptions for can start work developing countries Hazardous work Any work which is likely to jeopardize childrens physical, mental or moral heath, safety or morals should not be done by anyone under the age of 18. Basic Minimum Age The minimum age for work should not be below the age for finishing compulsory schooling, which is generally 15. Light work Children between the ages of 13 and 15 years old may do light work, as long as it does not threaten their health and safety, or hinder their education or vocational orientation and training.

18 (16 under strict conditions)

18 (16 under conditions)

strict

15

14

13-15

12-14

Child Labor in Pakistan: Facts and Causes

The fact that Pakistan was once a British colony does not mean that it will have the same social and economic conditions. British influence in some fields of life is evident, for example, most of the laws made in British rule are still enforced. The state of child labor in Pakistan is more or less the same as it was in Britain in 18th and 19th century. The socioeconomic conditions are though different. Britain was a colonizing power and it had all the sources to develop economically. Pakistan in contrast is a developing state who has to depend on its own resources for development. Nevertheless a few lessons may be learnt from the past experiences that had a big influence in Pakistan historically. The Child Labor is one of the major and most important social problems faced throughout the world. It is more common in under developed countries due to social and financial problems. This issue is more common in Latin America, Africa and Asia. Pakistan is an underdeveloped country with the seventh biggest population. The national child labor survey conducted in 1996 by the federal bureau of statistics, found 3.3 million of the 40 million children (in the 514 years age group) to be economically active on a full-time basis. Of the 3.3 million working children 73 percent (2.4 million) were boys and 27% (0.9 million) girls. Childrens contribution to work in rural areas is about eight times greater than in urban areas. The number of economically active children in the 1014 years age group. Rural children are mostly engaged in agriculture sector (74%) while the urban ones are busy in manufacturing areas. According to the survey main causes behind the child labor in Pakistan are: High population growth in poor families. The disguised unemployment in agriculture sector in Rural Areas. Low productivity and low prevalence of poverty. Unpaid family helpers. Inadequate education facilities.

One third the working flowers are literate which show that mere completion of primary education is not an effective deterrent to child labour. School enrolment depicts that working kids who are not enrolled in school (34.2%) are higher than economically active children combined with school (13.2%). It shows that enrolment is negatively correlated with the involvement of kids in economic activities. The surrey states also that most cogent reasons given by parents or guardians for letting their child work were to supplement household income: to pay outstanding debts; assist or help in household enterprise; and no one else available for household chores.

Pakistan is one of the major countries facing this problem on a large scale. In Pakistan the number of children between the ages 10 to 14 is 8 to 10 million. The children aged 5 to 14 are 40 million. According to a survey carried by federal Bureau of Statistics, 3.8 million children out of 40 million of age group 5 to 14 and working. 50% of them range from 5 to 9 years. 2.7 million were claimed to be working in agricultural sector and 73% of the total working children were boys. According to UNCRC (United Nations Convention on the Rights of the Child), there is no separate policy for elimination of child labor in country while growing inflation compels people to send their children to work which is directly the usurpation of their due rights and destruction of their personality. The United States Department of Labor estimates that between two and 19 million children, defined in that country as anyone under age 15, are currently laboring in Pakistan. According to the President IHDF Pakistan (Initiator Human Development Foundation), Mr. Rana Asif Habib said being a poor country Pakistan is indebted to international financial institutions for aid and pay the loans on interest which implies increased price of utilities and indirect taxation on masses resulting in increased percentage of child labor. Another important factor leading to the increased child labor is natural calamities like earthquake 2005 and flood 2010. Moreover the traditional agricultural sector exploits children and makes situation worse. Pakistan has an agriculture-based economy with colonial background and less industrialization. Fifty-four percent of the total population lives below the poverty line. In the population paradigm 73 million were children (under 18 years of age) who were skilled as well. However this massive flood of talent has no channel to run in smooth flow causing child labor increment. A recent study by Rana Asif Habib has critically analyzed the policies made in Pakistan regarding Child Labor since 1947 until 2010. This attempt has pointed out that different socioeconomic problems has lead to the ineffectiveness of the policies. No as such law, legislature or piece of constitution has been properly admitted so as to overcome this complex global issue. According to a 1996 study by the ILO 3.3 million children are the victims of child labour in the formal sector in Pakistan. There are insufficient programs to identify and protect victims of forced labor, particularly bounded labor, child labor in the informal sector such as domestic work, rug picking, and children in commercial sex. "Nike has been accused of using child labor in production of soccer balls in Pakistan whereas Pakistan's laws are against child labor"

Child Labor and Constitution of Pakistan

The constitution of Islamic republic of Pakistan sates No Child below the age of fourteen shall be engaged in any factory or mine or in any other hazardous employment. Also, All forms of forced labour is prohibited. Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. A number of laws contain provisions prohibiting child labour in Pakistan are:

The factories Act 1934 The West Pakistan shops and Establishment ordinance 1969 The employment of Children Act 1991 The Bonded Labor system Abolition Act 1992 The Punjab Compulsory Education Act 1994

Minimum Age and Protection of Young Workers in Constitution of Pakistan: Article 11(3) of Pakistans Constitution expressly prohibits the employment of children below the age of fourteen years in any factory, mine or other hazardous employment. In addition, the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child from illiteracy and provide free compulsory education and secure just and human conditions for work ensuring children and woman are not employed in any job unsuited their age or sex. The Factories Act, 1934 allows for the employment of children between the ages of 14 and 18 years provided that each adolescent obtains a certificate of fitness from a certifying surgeon. A certifying surgeon, per section 52 of the Act, shall on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his or her fitness for such work. The Act further restricts the employment of a child in a factory to five hours in a day. The hours of work of a child should thus be arranged in such a way that they are not spread over more than seven-and-a-half hours in any day. In addition, no child or adolescent is allowed to work in a factory between 7 p.m. and 6 a.m. The Provincial Government may vary these limits to any span of thirteen hours between 5 a.m and 7.30 p.m. No child is allowed to work in any factory on the day he has already been working in another factory. Factories are further required to display and correctly maintain in every factory a Notice of Periods for Work for Children, indicating clearly the periods within which children may be required to work. The manager of every factory in which children are employed is compelled to maintain a Register of Child Workers identifying the name and age of each child worker in the factory, the nature of his or her work, the group, if any, in which he or she is included, where his or her group works on shifts, the relay to which he or she is allotted, the number of his or her certificate of fitness granted under section 52, and any such other particulars as may be prescribed.

The provisions of the Factories Act, 1934 are cited in addition to, and not in derogation of the provisions of the Employment of Children Rules, 1995. The Employment of Children Rules extends to the whole of Pakistan with the exception of the State of Azad Jammu and Kashmir and delimits finite labor conditions afforded for the protection of minors. Rule 6 insists on cleanliness in the place of work. No rubbish, filth or debris shall be allowed to accumulate or to remain in any part of the establishment and proper arrangements shall be made for maintaining in a reasonable clean and drained condition for the workers of the establishment. Rule 7 further calls for proper ventilation in work places where injurious, poisonous or asphyxiating gases, dust or other impurities are evolved from any process carried on, in such establishment. As long as workers are present in an establishment, the latrines, passages, stairs, hoists, ground and all other parts of the establishment in so far as the entrance of the said places is not closed, must be lighted in such manner that safety is fully secured. In addition, in every establishment an arrangement of drinking water for child and adolescent workers is to be provided free of charge. All shafts, couplings, collars, clutches, tooth end wheels, pulleys, driving straps, chains projecting set screws, keys, nuts and belts on revolving parts, employed in the establishment, shall be securely fenced if in motion and within reach of a child worker and further may not be operated by a child worker. Under the Employment of Children Rules, anyone who employs a child or permits a child to work in contravention of the Constitution is punishable by imprisonment for a term extending up to one year or may be fined up to Rs. 20,000 or subject to both. Repetition of the offense is punishable by imprisonment for a term extending up to two years and shall not be less than six months.

Factories Act 1934

This constitutional measure enacted during colonial times barred the employment of children in factories. "Factories" were defined as any place where 10 or more workers were employed to manufacture something. That definition has stood, and the restriction does not apply, then, to production centers with fewer than 10 employees. The CHAPTER-V of this act is special provisions for adolescents and children CHAPTER 5: Prohibition of employment of young children: No child who has not completed his fourteenth year shall be allowed to work in any factory.

Non-adult workers to carry tokens giving reference to certificates of fitness: No child who has completed his fourteenth year and no adolescent shall be allowed to work in any factory unless

(a) a certificate of fitness granted to him under section 52 is in the custody of the manager of the factory, and (b) he carries while he is at work a token giving a reference to such certificate.

Certificates of fitness: (1) A certifying surgeon shall, on the application of any child or adolescent who wishes to work in a factory, or, of the parent or guardian of such person, or of the factory in which such person wishes to work, examine such person and ascertain his fitness for such work. (2) The certifying surgeon after examination, may grant to such person, in the prescribed form

(a) a certificate of fitness to work in a factory as a child if he is satisfied that such person has completed his fourteenth year, that he has attained the prescribed physical standards (if any), and that he is fit for such work; or (b) a certificate of fitness to work in a factory as an adult if be is satisfied that such person has completed his fifteenth year and is fit for full day's work in a factory.

(3) A certifying surgeon may revoke any certificate granted under sub-section (2) if, in his opinion, the holder of it is no longer fit to work in the capacity stated therein in a factory. (4) Where a certifying surgeon or a practitioner authorised under sub-section (2) of section 12 refuses to grant a certificate or a certificate of the kind requested, or revokes a certificate, he shall, if so requested by any person who could have applied for the certificate state his reasons in writing for so doing. Effect of certificate granted to adolescent: (1) An adolescent who has been granted a certificate of fitness to work in a factory as an adult, under clause (b) of sub-section (2) of section 52, and who, while at work in a factory, carries a token giving reference to the certificate, shall be deemed to be an adult for all the purposes of Chapter IV. (2) An adolescent who has not been granted a certificate of fitness to work in a factory as an adult under sub-section (2) of section 52, shall, notwithstanding his age, be deemed to be a child for the purposes of this Act. Restrictions of the working hours of a child:

(1) No child shall be allowed to work in a factory for more than five hours in any day. (2) The hours of work of a child shall be so arranged that they shall not spread over more than seven-and-a-half hours in any day. (3) No child or adolescent shall be allowed to work in a factory except between 6 a. m. and 7 p. m. Provided that the Provincial Government may, by notification in the Official Gazette in respect of any class or classes of factories and for the whole year or any part of it, vary these limits to any span of thirteen hours between 5 a. m. and 7.30 p.m. (4) The provisions of section 35 shall apply also to child workers, but no exemption from the provisions of that section may be granted in respect of any child. (5) No child shall be allowed work in any factory on any day on which he has already been working in another factory. Notice of Periods for Work for Children: (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 76, a Notice of Periods for Work for Children, showing clearly the periods within which children may be required to work. (2) The periods shown in the Notice required by sub-section (1) shall be fixed beforehand in accordance with the method laid down for adults in section 39 and shall be such that children working for those periods would not be working in contravention of section 54. (3) The provisions of section 40 shall apply also to the Notice of Periods for Work for Children. (4) The Provincial Government may make rules prescribing form for the Notice of Periods for Work for Children and the manner in which it shall be maintained. Register of Child Workers: (1) The manager of every factory in which children are employed shall maintain a Register of Child Workers showing

(a) the name and age of each child worker in the factory, (b) the nature of his work, (c) the group, if any, in which he is included, (d) where his group works on shifts, the relay to which he is allotted. (e) the number of his certificate of fitness granted under section 52,and (f) such other particulars as may be prescribed.

(2) The Provincial Government may make rules prescribing the form of the Register of Child Workers, the manner in which it shall be maintained and the period for which it shall be preserved. Hours of work to correspond with Notice and Register: No child shall be allowed to work otherwise than in accordance with the Notice of Periods for Work for Children displayed under sub-section (1) of section 55 and the entries made before-hand against his name in the Register of Child Workers maintained under sub-section (1) of section 56. Power to require medical examination: Where an Inspector is of opinion

(a) that any person working in a factory without a certificate of fitness it a child or an adolescent, or (b) that a child or adolescent working in a factory with a certificate is no longer fit to work in the capacity stated therein,

he may serve on the manager of the factory a notice requiring that such person, or that such child or adolescent, as the case may be, shall be examined by a certifying surgeon or by a practitioner authorized under sub-section (2) of section 12, and such person, child or adolescent shall not if the Inspector so directs, be allowed to work in any factory until be has been granted a certificate of fitness or a fresh certificate of fitness, as the case may be. Power to make rules: The Provincial Government may make rules

(a) prescribing the forms of certificate of fitness to be granted under section 52, providing for the grant of duplicates in the event of loss of original certificates, and fixing the fees which may be charged for such certificates and such duplicates ; (b) prescribing the physical standards to be attained by children and adolescents ; (c) regulating the procedure of certifying surgeons under this Chapter, and specifying other duties, which they may be required to perform in connection with the employment of children and adolescents in factories; and (d) providing for any other matter which may be expedient in order to give effect to the provisions of this Chapter.

Provisions to be in addition to Act XXVI of 1938: The provisions of this Chapter shall be in addition to, and not in derogation of the provisions of the Employment of Children Act, 1938 (XXVI of 1938).

Employment of Children Act 1991

This Act comprised of different definitions regarding employment and child labor and different rules and regulations so as to prevent Child Labor as maximum as possible. However

the document did not provide much information about childs minimum age to be legally eligible to work. Definitions regarding Employment and Child Labor: 1. Adolescent: A person who has completed his fourteenth but has not completed his eighteenth year 2. Child: A person who has not completed his fourteenth year of age 3. Day: A period of twenty-four hours beginning at midnight 4. Establishment: Include a shop, commercial establishment, workshop, factory, farm, residential hotel or restaurant 5. Factory: Any premises, including the precincts thereof, wherein ten or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on or is ordinarily carried on with or without the aid of power but does not include a mine, subject to the operation of the Mines Act, 1923 (No. IV of 1923) 6. Workshop: Any premises (including the precincts thereof) wherein any industrial process is carried on PART II - Prohibition of Employment of Children in Certain Occupations and Processes Section 3 - Prohibition of Employment: No child shall be employed or permitted to work in any of the occupations set forth in Part I of the Schedule or in any workshop wherein any of the processes set forth in Part II of that Schedule is carried on: Provided that nothing in this section shall apply to any establishment wherein such process is carried on by the occupier with the help of his family or to any school established, assisted or recognized by Government. Section 4 - Amendment of Schedule: The Federal Government, may by notification in the official Gazette, add any occupation or process to the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly three months after the date of the notification. Section 5 - National Committee on the Rights of the Child: (1) The Federal Government may, by notification in the official Gazette, constitute a National Committee to be called the National Committee on the "Rights of the Child", to perform the functions visualized in Article 43 of the US Convention on the Rights of the Child, and to advise the Federal Government for the purpose of addition of occupations and processes to the Schedule. (2) The Committee shall consist of a Chairman and 10 other experts of high moral standing and recognized competence.

PART-III: Regulation of Conditions or word of children Section 6 - Application of Part: The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried on. Section 7 - Hours and Period of Work: (1) No child or adolescent shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. (2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has an interval of at least one hour for rest. (3) The period of work of a child shall be so arranged that inclusive of the interval for rest, under subsection (2), it shall not exceed seven hours, including the time spent in waiting for work on any day. (4) No child shall be permitted or required to work between 7.00 p.m. to 8.00 a.m. (5) No child shall be required or permitted to work over-time. (6) No child shall be required or permitted to work in any establishment on any day on which he has already been working in another establishment. Section 8 - Weekly Holidays: Every child employed in an establishment shall be allowed in each week a holiday of one whole day, which day shall be specified by the occupier in a notice permanently displayed in a conspicuous place in the establishment and the day so specified shall not be altered by the occupier more than once in three months. Section 9 - Notice to Inspector: (1) Every occupier in relation to an establishment in which a child was employed or permitted to work immediately before the date of commencement of this Act in relation to such establishment shall, within a period of thirty days from such commencement, send to the Inspector within whose local limits the establishment is situated, a written notice containing the following particulars, namely:

(a) the name location and address of the establishment; (b) the name of the person in actual management of the establishment; (c) the address to which communications relating to the establishment should be sent; and

(d) the nature of the occupation or process carried on in the establishment.

(2) Every occupier, in relation to an establishment, which employs, or permits to work, any child after the date of commencement of this Act in relation to such establishment, shall, within a period of thirty days from the date of such employment send to the Inspector within whose local limits the establishment is situated, a written notice containing the particulars mentioned in sub-section (1). (3) Nothing in sections 7. 8 and 9 shall apply to any establishment wherein any process is carried on by the occupier with the aid of his family or to any school established, assisted or recognized by Government. Section 10 - Disputes as to Age: If any question arises between an Inspector and an occupier as to the age of any child who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority. Section 11 - Maintenance of Register: There shall be maintained by every occupier in respect of children employed or permitted to work in any establishment, a register to be available for inspection by an Inspector at all times during working hours showing:

(a) the name and date of birth of every child so employed or permitted to work; (b) hours and periods of work of any such child and the intervals of rest to which he is entitled; (c) the nature of work of any such child; and (d) such other particulars as may be prescribed.

Section 12 - Display of Notice containing abstract of sections 3 and 14: Every occupier shall cause to be displayed in a conspicuous and accessible place a notice in the local language and in the English language containing an abstract of sections 3 and 14. Section 13 - Health and Safety: (1) The appropriate Government may, by notification in the Official Gazette, make rules for the health and safety of the children employed or permitted to work in any establishment or class or establishments. (2) Without prejudice to the generality of the foregoing provisions, the said rules may provide for all or any of the following matters, namely:

Cleanliness in the place of work and its freedom from nuisance Disposal of wastes and effluents Ventilation and temperature

Dust and fumes Artificial humidification Lighting Drinking water Latrine and urinals; Spittoons Fencing of machinery Work at or near machinery in motion Employment of children on dangerous machines Instructions, training and supervision in relation to employment of children on dangerous machines Device for cutting off power Self-acting machines Easing of new machinery Floor, stairs and means of access Pits, sumps, openings in floors, etc. Excessive weights Protection of eyes Explosive of inflammable dust, gas, etc. Precaution in case of fire Maintenance of buildings Safety of building and machinery PART-IV: Miscellaneous

Section 14 - Penalties: (1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which may extend to one year or with a fine which may extend to twenty thousand rupees or with both. (2) Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. (3) Whoever

(a) fails to give notice as required by section 9; or (b) fails to maintain a register as required by section 11 or makes any false entry in any such register, or (c) fails to display a notice; or (d) fails to comply with or contravenes any provisions of this Act or the rules made thereunder shall be punishable with simple imprisonment which may extend to one month or with a fine which may extend to ten thousand rupees or with both.

Section 15 - Modified Application of Certain Laws in Relation to Penalties: (1) Where any person is found guilty and convicted of contravention of any of the provisions regarding children and adolescents mentioned in subsection (2), he shall be liable to penalties as provided in sub-sections (1) and (2) of section 14 of this Act and not under other relevant Acts. (2) The provisions mentioned in section (1) are the provisions regarding children and adolescents in the following Acts:

(a) The Mines Act 1923; (b) The Factories Act 1934; (c) The Shops and Establishments Ordinance 1969.

Section 16 - Procedure relating to offences: (1) Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction. (2) Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purpose of this Act, be conclusive evidence as to the age of the child to whom it relates. (3) No court inferior to that of a Magistrate of the first class shall try any offence under this Act. Section 17 - Appointment of Inspectors: The appropriate Government may appoint Inspectors for the purpose of securing compliance with the provisions of this Act and any Inspector so appointed shall be deemed to be a public servant within the meaning of the Pakistan Penal Code. Section 18 - Power to make Rules: The appropriate Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the provisions of this Act. Section 19 - Certain other provisions of law not barred: Subject to the provisions contained in section 15, the provisions of this Act and the rules made thereunder shall be in addition to, and not in derogation of, the provisions of the Mines Act, 1923; the Factories Act, 1934; the Sindh Children Act, 1955; the Shops and Establishments Ordinance, 1969; and the Punjab Children Ordinance, 1983. The definition of 'child' and 'adolescent' in these provisions shall be deemed to have been amended in accordance with the definitions in section 2 of this Act. Section 20 - Power to remove difficulties:

(1) If any difficulty arises in giving effect to the provisions of this Act, the Federal Government may by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removal of the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament Section 21 - Repeal and Savings: (1) The Employment of Children Act, 1938, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act

Suggestions/Remedies to Control Child Labor

'If people want us to go to school instead of work, they must give us the money to do so and make schools better. Then we would stop stitching. Who wants to injure their fingers?" -An out-of school working girl in Pakistan This brief statement summarizes the challenge Pakistan faces in eliminating its problem of child labor. The millions of children who work to support their families in often hazardous conditions and cannot go to school do so for a number of reasons. If Pakistan's leaders and policy makers are serious about developing a strategy that seeks to end child labor, it must take a number of factors into account. There is no one easy solution. First, they must be aware of the scope of the problem by properly identifying Pakistan's child labor force. Although estimates vary considerably, generally speaking, the number of only male working children in Pakistan is more than 19 million. This is four times Singapore's total population. There are more working children in rural areas, where close to half of the villages' 10- to 14 year-olds work. The age of Pakistan's child laborers entering the work force is also decreasing: the median age is now seven.

Second, leaders and policy-makers must be aware of how prevalent child labor really is and that it is usually not work which is an obstacle to these children going to school. Rather it is poverty. These children's families live in poverty and cannot afford to educate them. For example, in a survey of Pakistan's sports goods industry, over 72 percent of workers who did not attend school did so because they could not afford school fees. In contrast, work generally did not prevent child laborers who were better off from studying. Over 20 percent of these child workers attended school. Since many working children are too poor to afford schooling, any laws that aim to ban child labor must be simultaneously implemented with an anti-poverty plan that eases poor families' burden. For example, working children who attend school must at least be partially compensated for lost income. One example where such an initiative was attempted was in Bangladesh. The Independent Garment Workers Union there provided children who lost jobs in the apparel industry with free books and hot lunches at school. However, the cost of subsidizing all households for child labor wage losses would probably be very expensive. A third factor leaders and policy makers must take into consideration is the need to create a proper and effective educational system. This will have a farther reaching impact on the fight against child labor than direct attempts to regulate the labor market. Child labor often represents parents' carefully thought out rejection of an education system that is usually irrelevant to their child's future. For example, in the above-mentioned survey in Pakistan, 24 percent of children did not attend school because the low quality of the education offered there did not teach them useful skills they could practically use in the future. Children's enthusiasm for attending school would be greater if classroom teaching was linked with their life experiences as working children. They could be taught what kinds of work are hazardous and advised on how to recognize the tactics of exploitative employers for example. Finally, policy makers must learn from the experiences of NGOs' and civil society organizations' innovative initiatives in education. Virtually all attempts to bring working children out of their usually dangerous workplaces and into schools have been through non-formal programs. These are independent of the formal education system and are not only cost-effective, thus ensuring a better chance of

enrolment of children from poorer families, but also feature life-skills based curriculums that are relevant to students. Although such programs fill an important gap, they do not absolve the formal education system of providing good and accessible education to all children. Leaders and policy makers must realize that the education process in Pakistan has fuelled the problem of child labor. The current challenge is to make all schooling cost-effective for the government and more important, poorer families, attractive and relevant to the needs and aspirations of working children and their families. With such a system in place, parents may not only be able to afford schooling for their children, but they will very likely rethink the opportunity cost of sending children to school versus work.

Conclusion
Child Labor is the one of the hottest issues in Pakistan which is causing the country to lag behind internationally since it affects the youth of Pakistan directly and the future of a country depends on its youth. A lot of socio-economic problems lead to the ineffectiveness and ignorance by people of Pakistan of Child Labor laws implemented. There is a need to look upon this matter and take some serious measures urgently. As discussed above a lot of laws in Pakistan's constitution have been formed but they need to be implemented properly. The abuse of child labor should be eliminated and children should be provided with the good quality education and serious penalties should be implemented for anyone who violates the laws against child labor. Awareness schemes should be started so that parents know what they are losing by sending their children to work rather than educational institutes.

References:
http://en.wikipedia.org/wiki/Child_labour http://www.hamariweb.com/articles/article.aspx?id=91 http://www.ilo.org/ipec/facts/ILOconventionsonchildlabour/lang--en/index.htm http://www.unicef.org/protection/index_childlabour.html http://www.labourunity.org/labourlaws.htm http://www.hamariweb.com/articles/article.aspx?id=91

http://www.ehow.com/list_6703121_pakistan-child-labor-laws.html http://www.southasianrights.org/?p=2810 http://human-rights.unglobalcompact.org/case_studies/childlabour/child_labour/combating_child_labour_in_football_production.html http://www.scribd.com/doc/20841639/Child-Labor-in-Pakistan-as-Presentation http://www.yespakistan.com/people/child_labor.asp

http://www.ilo.org/dyn/natlex/docs/WEBTEXT/22707/64834/E91PAK01.htm http://www.ilo.org/dyn/natlex/docs/WEBTEXT/35384/64903/E97PAK01.htm http://www.einfopedia.com/child-labour-in-pakistan.php#more-4211