Child trafficking is a form of human trafficking or TIP (trafficking in person) means the practice inloving force, fraud or buying and selling of children for the purpose of forced labor, sexual exploitation, organ trafficking and illegal adoption. Trafficking can take place locally as well as internationally. It is one of the most widespread organized crime which constantly evolve with technological advancement. According to United Nations child trafficking includes, ‘‘Recruitment, transportation, harboring and receipt’’ Pakistan has agreed to Palermo rule to stop child trafficking. Palermo rule is used to define child trafficking and eliminate it from the society. It is an agreement between many countries
COMMON CRIME OF CHILD TRAFFICKING IN PAKISTAN
Child trafficking is common in Pakistan due to its Geopolitical location. Sexual exploitation and bonded labor are the most common crime involving child trafficking in Pakistan. EFFECTS OF CHILD TRAFFICKING Child trafficking has following effects on victim: psychological Physical Social
ROOT CAUSE OF CHILD TRAFFICKING
Economic deprivation and weak social background mostly become the root cause of child trafficking. Economic needs and poverty help potential recruits due to their vulnerability to deception and exploitation. This section of society does not have potential links and are politically powerless to escape from the exploitation because of their social position. Children’s are naïve and can be easily controlled which the trafficker takes advantage and uses them for his gains. These children are from poor family hence to earn livelihood for their family they end up compromising themselves.
BACKGROUND
Pakistan has multiple laws that address child trafficking, including: Prevention of Trafficking in Persons Act, 2018 This act criminalizes the recruitment, transportation, or harboring of people for commercial sex acts or forced labor. The penalties include up to seven years in prison and a fine of up to one million rupees. Prevention and Control of Human Trafficking Ordinance, 2002 This ordinance criminalizes the purchase, sale, or transportation of a child or woman through coercion, kidnapping, or abduction. The penalties include up to ten years in prison and a fine. Section 373-Aof Pakistan Penal Code, which criminalizes the trafficking of children for dangerous or hazardous employment. The penalties include up to seven years in prison and a fine, Section 366-A: Prohibits procuring minor girls (under 18) for illicit purposes. Section 369: Criminalizes kidnapping or abducting children with the intent to exploit. Section 371-A and 371-B: Penalizes the buying and selling of people for prostitution or exploitation. UN Convention on the Rights of the Child (CRC) (1989), Article 35 specifically obligates states to prevent the abduction, sale, and trafficking of children. Articles 32-34 focus on protecting children from economic exploitation, sexual abuse, and harmful practices. Incidents of child are The Kasur Child Abuse Scandal (2015) Overview: A major child trafficking and abuse case emerged in Kasur, Punjab, where an organized gang was involved in sexually exploiting and filming over 200 children. Many victims were blackmailed, and some were reportedly trafficked. o Legal Response: The case prompted national outrage and investigations. The Prevention of Trafficking in Persons Act (PTPA) 2018 was later passed to address such crimes more comprehensively. Convictions were secured under Section 366-A and 377 of the Pakistan Penal Code (PPC) for procuring minors and unnatural offenses. Impact: Highlighted gaps in Pakistan’s child protection and law enforcement systems and led to improved focus on trafficking legislation. The Zainab Ansari Case (2018) Overview: Zainab Ansari, a 7-year-old from Kasur, was abducted, sexually assaulted, and murdered. Although the case primarily involved sexual exploitation, elements of trafficking (movement of children for exploitation) were discussed. o Legal Response: o the perpetrator, Imran Ali, was arrested, tried, and sentenced to death under Sections 364-A (kidnapping a person under 14), 376 (rape), and 302 (murder) of the PPC. o While not explicitly prosecuted as trafficking, the case underscored the systemic risks children face. USING FOR MILITANCY AFFAN, A 7-Year-old was kidnapped by his Teacher and sent to a village in Khyber Pakhtunkhwa. There he was given his first weapon and was trained for suicide missions. He was lucky to be rescued by one of his uncles but there are many who spend their whole lives in the hope of being rescued.
Strengthening Legal Frameworks Pakistan has already laws to fight child trafficking E.g.; prevention of trafficking in person ordinance 2002, This law needs to be revised to follow modern form of child trafficking through internet such as dark web and social media platform. The previous law is outdated in today’s world of global village. Ensure that every form of trafficking and specifically labor, sexual exploitation and organ trade are criminalized with severe penalties. Strengthening Law Enforcement and Border Security Implement stronger border security protocols and cooperation with neighboring countries to prevent cross-border trafficking. Use surveillance technology (e.g., CCTV, biometric identification) to view areas with high trafficking, such as airports, bus stations, and major transit points Improving victim identification and protection Child Protection Units Safe Houses and Rehabilitation Centers Trauma-Informed Care, Data collection and research Establish a National Database Conduct Research on Trafficking Patterns, Comprehensive child protection policy National Child Protection Strategy.
RECOMENDATION DEFINITION OF CHILD
Firstly, we need to have an argument about the definition of “child” so that we can be clear which age group are being targeted. The safety of the child must not be compromised on multiple legal instruments. PTPA defines child any person below 18 years of age, An international standard. The situation persists when loopholes like PTPA overlap with PPC, labor laws and constitution. Because of this confusion some laws become contradictory in giving punishments to culprit. CONSTITUTION OF PAKISTAN define child below the age of 14. THE MINE ACT 1923 define child a person who is under 15 years of age. THE EMPPLOYEMENT OF CHILDREN ACT, 1991 define child a person who is under 14. The confusion in the cases of child trafficking as it mostly means forced or bonded labor so, depending upon the different ages under different laws, a child can simultaneously qualify both as a victim and not a victim of trafficking which leads to crazy results. DEFINITION OF CHILD PTPA should create a law, called a “non-obstante” clause, which would ensure PTPA is always used in any case of trafficking, even if other laws seems to say something different. This is crucial because even though the PTPA says trafficking victims shouldn’t be punished, other laws could still be used against them. For example, someone is forced to carry drugs can still be punished under a drug law, even if they were trafficked. A better solution should be to combine all the laws about child trafficking into one single and clear law. To counter trafficking effectively, we need to bring together all the related laws about things like forced work, sexual abuse, and selling organs, and make them work together smoothly. REHABITILIATION CENTRE: Government should create and improve to provides rescue facility, shelter, and rehabilitation services for at-risk children. PUBLIC AWARENESS: raise public awareness of forced labor, particularly in domestic servitude, brick kilns, and agriculture Training of officials: train officials, including law enforcement, judges, and prosecutors, on the implementation of the 2018 Prevention of Trafficking in Persons Act (PTPA) and increase registration of trafficking related cases under the PTPA RECOURCES AND REPORTING Ensure labor inspectors have sufficient resources to conduct inspections, including brick kilns and the agriculture sector, and have the mandate to report potential trafficking cases to law enforcement SEVERE PUNISHMENT Prosecute traffickers under stringent laws with severe penalties, including imprisonment and giving punishment in public so that everyone can get lesson. ID CARD Expand ability for freed bonded laborers to obtain identification documents and gain access to government services IMPROVE BORDER CONTROL Stronger border security protocols and cooperation with neighboring countries to prevent cross border trafficking.
CONCLUSION
Child trafficking is a serious crime of human rights which destroys the future and present of child. We need better policies to stabilize our country from this type of crime and to give our children’s safer environment. These recommendations outline the flaws of previous policy and fulfill the solution for child trafficking. These recommendations will help to eliminate child trafficking from our society.
Call to Action
To end child trafficking, it is essential for governments, international organizations and the private sector to work together and share resources. It is only through collective action that the true scale of child trafficking can be tackled and eradicated for good.
Author
Muhammad Hadeed Ali
Member Pakistan Youth Parliament