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Pakistan

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Citizenship is generally derived by birth in the country, although children born abroad after 2000 may derive their citizenship by descent if either the mother or the father is a citizen and the child is registered with the proper authorities. Children of refugees and stateless persons do not derive citizenship by birth.

Education: The constitution mandates compulsory education, provided free of charge by the government, to all children between ages five and 16. Despite this provision, government schools often charged parents for books, uniforms, and other materials.

The most significant barrier to girls’ education was the lack of access. Public schools, particularly beyond the primary grades, were not available in many rural areas, and those that existed were often too far for a girl to travel unaccompanied. Despite cultural beliefs that boys and girls should be educated separately after primary school, the government often failed to take measures to provide separate restroom facilities or separate classrooms, and there were more government schools for boys than for girls. The attendance rates for girls in primary, secondary, and postsecondary schools were lower than for boys. Additionally certain tribal and cultural beliefs often prevented girls from attending schools.

Medical Care: Boys and girls had equal access to government facilities, although families were more likely to seek medical assistance for boys than for girls.

Child Abuse: In March the government passed the Zainab Alert Law, which criminalizes child abuse and mandates life imprisonment for individuals convicted of child abuse. Child abuse was widespread. Employers, who in some cases were relatives, abused young girls and boys working as domestic servants by beating them and forcing them to work long hours. In the first six months following its passage, 1,489 cases were registered under the new law; however, there were fewer than 20 prosecutions.

An employer and his wife confessed to beating an eight-year-old girl, their illegally employed domestic servant, on May 31. She died of her injuries the following day. The employer claimed they had beaten her for having released their pet parrots. The Rawat police station FIR recorded that the girl had injuries on her face, hands, legs, legs, thighs–indicating potential sexual assault–and below her rib cage.

Many such children were human trafficking victims. In some circumstances trafficked children were forced to beg to gain money for their employers.

Local authorities subjected children to harmful traditional practices, treating girls as chattel to settle disputes and debts.

In 2016 the government updated its definition of statutory rape and expanded the previous definition, which was sexual intercourse with a girl younger than 16, to include boys.

Child, Early, and Forced Marriage: Despite legal prohibitions, child marriages occurred. Federal law sets the legal age of marriage at 18 for men and 16 for women. According to UNICEF, 21 percent of girls were married by the age of 18. The 2014 Sindh Child Marriage Restraint Act sets 18 as the legal age of marriage for both girls and boys in Sindh Province. A 2017 amendment to the penal code substantially increased punishment for conviction of violating the law. A convicted individual may be imprisoned for up to 10 years and no less than five years (up from imprisonment of up to one month) and may also be fined up to one million Pakistani rupees ($6,430), up from 1,000 Pakistani rupees (six dollars). At times men would evade Sindh child marriage law by traveling to a different province for the marriage.

In 2014 the Council of Islamic Ideology declared child marriage laws to be un-Islamic and noted they were “unfair and there cannot be any legal age of marriage.” The council stated that Islam does not prohibit underage marriage since it allows the consummation of marriage after both partners reach puberty. Decisions of the council are nonbinding.

In rural areas, poor parents sometimes sold their daughters into marriage, in some cases to settle debts or disputes. Although forced marriage is a criminal offense, in many filed cases prosecution remained limited.

On January 15, Mehek Kumari, 15-year-old Hindu girl, went missing and later appeared in a video with Ali Raza, a Muslim man. In the video the couple claimed they had both willingly married and that Kumari had voluntarily converted to Islam. In February Kumari retracted her video statement, indicating Raza had forced her to convert, and requested to be returned to her family. In response to the retraction, some radical clerics called for the girl to face the death penalty. Later in the month a court in Jacobabad ruled that the marriage between Kumari and Raza was illegal under the 2013 Sindh Child Marriage Restraint Act, which states children cannot marry until they reach 18.

A 13-year-old Christian girl from Karachi, identified as Arzoo Raja, was allegedly abducted, forcibly converted to Islam, and married to a 44-year-old man on October 13. The Sindh High Court, on October 27, upheld the validity of Raja’s marriage, citing the marriage certificate that indicated Raja was age 18 and ruling Raja had converted to Islam and married of her own free will. Following petitions by human rights groups to enforce the provisions of the 2013 Sindh Child Marriage Restraint Act, which imposes restrictions on underage marriage, on November 2, the Sindh High Court ordered the arrest of the husband and ordered Raja to be placed in a shelter pending an investigation.

Sexual Exploitation of Children: Various local laws exist to protect children from child pornography, sexual abuse, seduction, and cruelty, but federal laws do not prohibit using children for prostitution or pornographic performances, although child pornography is illegal under obscenity laws. Legal observers reported that authorities did not regularly enforce child protection laws. For example, according to media reports, a seminary teacher, Ghulam Abbas Sehto, was accused of molesting a 12-year-old boy at a mosque but granted bail after arrest. In a separate rape allegation against Sehto, no action was taken because no official complaint was made.

Infanticide or Infanticide of Children with Disabilities: Parents occasionally abandoned unwanted children, most of whom were girls. By law, anyone found to have abandoned an infant may be imprisoned for seven years, while anyone guilty of secretly burying a deceased child may be imprisoned for two years. Conviction of murder is punishable by life imprisonment, but authorities rarely prosecuted the crime of infanticide.

Displaced Children: According to civil society sources, it was difficult for children formerly displaced by military operations to access education or psychological support upon their return to former conflict areas. Nonetheless, the Khyber Pakhtunkhwa government reconstructed some of the 1,800 schools in the former FATA districts, where large numbers of internally displaced persons had returned. The government prioritized rehabilitating schools and enrolling children in these former conflict areas, and the overall number of out-of-school children decreased, according to international organizations.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.

Persons with Disabilities

The law provides for equal rights for persons with disabilities, and provincial special education and social welfare offices are responsible for protecting the rights of persons with disabilities; nonetheless, authorities did not always implement its provisions. Each province has a department or office legally tasked with addressing the educational needs of persons with disabilities. Despite these provisions, most children with disabilities did not attend school, according to civil society sources.

Employment quotas at the federal and provincial levels require public and private organizations to reserve at least 2 percent of jobs for qualified persons with disabilities. Authorities only partially implemented this requirement due to lack of adequate enforcement mechanisms. Organizations that did not wish to hire persons with disabilities could instead pay a fine to a disability assistance fund. Authorities rarely enforced this obligation. The National Council for the Rehabilitation of the Disabled provided job placement and loan facilities as well as subsistence funding. Access to polling stations was challenging for persons with disabilities because of severe difficulties in obtaining transportation. The Elections Act 2017 allows for absentee voting for persons with disabilities. In order to register for an absentee ballot, however, persons with disabilities were required to obtain an identification card with a special physical disability symbol. According to disability rights activists, the multistep process for obtaining the special identification symbol was cumbersome and challenging.

In June the NGO HRCP condemned the government’s decision to abolish the 2 percent public and private company employment quota for persons with disabilities by deleting Section 459 of the Companies Act of 2017. The Ministry of Human Rights explained that the deletion of this section from the Companies Act would not jeopardize the job-quota guarantee. Disability rights groups criticized the hasty manner in which the ordinance was promulgated, without stakeholder feedback and parliamentary debate and oversight.

In July the Supreme Court ordered the federal and provincial governments to facilitate jobs, transport, housing, and access at public places for persons with disabilities. It also asked the government to advertise vacant posts for disability employment and ensure successful candidates were appointed against regional quotas. In another verdict in August, the Supreme Court ordered the federal and provincial governments to discontinue the use of words “disabled,” “physically handicapped,” and “mentally retarded” in official correspondence, since these words offend the dignity of persons with disabilities.

On March 17, Fayyaz ul Hassan, provincial minister of Punjab for information and culture, called persons with disabilities “punishment” for parents. He claimed that traders who unethically hoard coronavirus response equipment would be punished by having children with disabilities.

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