Transforming Child Labour Laws in Pakistan: A Journey Towards Justice

Child labour has long beset Pakistan, but in recent years, there has been a desperate need for change. However, progress has been slow, limited by judicial hurdles and complacency. An ineffective method of implementing anti-child labour laws has struck a chord in Pakistan’s legal landscape, creating a widespread epidemic of underage labour. This has contributed to political and financial instability, enough to place Pakistan in a volatile state.

This hesitancy to change is deeply rooted in cultural norms, where children are often seen as sources of blessings and economic support for families. This leads to the thesis question: Is this reliance on child labour worth sacrificing their childhood and potential?

Child Labour in Pakistan: Legal Landscape and Challenges

The legal framework in Pakistan addresses the problem of child labour and sets restrictions on working hours and conditions, aiming to protect children from exploitation. One example is the Employment of Children Act 1991, which sets clear limitations on the working hours for children and adolescents, aiming to protect them from being overworked. These provisions are indeed a great starting point for future developments in this matter.

The Employment of Children Act 1991 defines “adolescent” as a person who has completed their fourteenth year but has not yet completed their eighteenth year; “appropriate Government” refers to the Federal Government in relation to an establishment under the control of the Federal Government, and in all other cases, the Provincial Government concerned; “child” means a person who has not completed their fourteenth year of age. This clarification regarding what constitutes a child is vital in distinguishing a child from an adult eligible to work, and creates room for doubt when it is not complied with.

Similarly, Article 37(e) of the Constitution of Pakistan also states: “securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex.” The said laws emphasise the need to show leniency towards vulnerable citizens such as children or women.

Additionally, Article 11 of the Constitution prohibits all forms of slavery, forced labour, and child labour, showcasing the dire need for humanitarian laws to come into effect. Children have the right to live a normal, healthy childhood, free from the responsibility of work.

The Abolition of Bonded Labour Act 1992 sets punishments for allowing child labour by reference to section 11, which enforces the abolition of bonded labour. Anyone who compels any person to render bonded labour after the commencement of this Act shall be punishable with imprisonment for a term which shall not be less than two years nor more than five years, or with a fine that may extend to two hundred thousand rupees, but shall not be less than fifty thousand rupees, or with both. A system of accountability for non-compliance helps create a sense of responsibility and guilt among violators. Therefore, the legal landscape attempts to lay down basic provisions.

However, these laws condemning child labour face significant challenges in their implementation. One obvious obstacle is the lack of enforcement mechanisms and resources. Despite the existence of legislation such as the Employment of Children Act 1991 and constitutional provisions like Articles 37(e) and 11, enforcement remains fragile due to the under-allocation of funds, inadequate infrastructure, and limited human capital and expertise in regulatory agencies.

An additional challenge is the lack of reliable data, which is essential for targeted interventions and monitoring. According to a recent study by Gallup UK, Pakistan faces challenges in comprehensive data collection and monitoring due to the vast informal economy, limited access to remote areas, and inadequate statistical infrastructure. This has become a significant barrier to the implementation of laws pertaining to child labour.

This also contributes to issues in capacity building. Ensuring that relevant government agencies, law enforcement bodies, and judicial institutions have the necessary skill set and toolkit to effectively enforce child labour laws is crucial. However, in Pakistan’s case, what we face is an “implosive over explosive” statehood, as emphasised by Acemoglu in his book Why Nations Fail. He states that when the three organs of the state (the executive, the legislature, and the judiciary) are not in sync, it causes internal disruptions that lead to implosion, rendering non-state challenges almost futile. Hence, explosion is never the challenge; rather, the internal structural collapse of the state is the main threat. The same is true for Pakistan, where capacity building is a significant challenge in almost all sectors involving the implementation of law.

A new angle that is often overlooked is the long-term economic cost that child labour imposes on Pakistan. While many families view child labour as immediate financial relief, the country pays a heavy price when millions of children grow up without education or skills.

Child labour traps Pakistan in a cycle of low productivity, low wages, and low national output. Economists have stated that countries with high child labour rates experience slower GDP growth because their future workforce remains unskilled and unable to contribute effectively to innovation or global competitiveness.

Another noticeable aspect that hinders anti-child labour efforts is Pakistan’s massive informal economy, where millions of children are employed away from public view. These practices include using children for domestic work, roadside workshops, agricultural fields, brick kilns, street vending, and home-based industries. Without transparency, regulatory schemes, or reporting obligations, these environments indirectly foster child labour.

Furthermore, international supply chains often unintentionally perpetuate child labour. For example, Pakistan’s football stitching, carpet weaving, cotton picking, and surgical instrument industries have historically faced global criticism due to hidden subcontracting networks that rely on child workers in home-based units. Even when large factories adhere to set labour standards, they outsource tasks to informal workshops where oversight and supervision are impossible. As a result, child labour remains deeply embedded within export industries, making detection and prevention extremely challenging.

The opportunity cost of a child missing school is immense because every year spent working instead of studying reduces lifetime earning potential, leading to the deterioration of the national labour force, which is dominated by low-wage workers who cannot adapt to technological advancements or attract foreign investment.

Pakistan’s shortage of skilled labour in industries like IT, engineering, and advanced manufacturing is directly linked to the widespread prevalence of early-age work. Thus, child labour, far from being an economic support system, actually ensures the country remains stuck in a fragile and unproductive economic structure. Pakistan’s credibility on global forums is also greatly questioned due to the fact that, despite being a signatory to numerous international conventions in favour of children’s rights, such as the UN Convention on the Rights of the Child (CRC), implementation remains weak.

There have been countless conventions ratified by Pakistan, including the ILO Minimum Age Convention (No. 138) and the ILO Worst Forms of Child Labour Convention (No. 182). These treaties urge the state to supervise the labour market, ensure timely inspections, and enforce strict penalties against violators.

However, while Pakistan has made progress on paper, it does not live up to international standards in reporting cycles, often acknowledging gaps in enforcement, lack of resources, and insufficient coordination between federal and provincial authorities. The contrast between Pakistan’s international commitments and its practical realities highlights the critical need for structural reforms and better compliance mechanisms.

Strengthening Child Labour Laws in Pakistan: The Way Forward

Pakistan needs a strong nexus that includes consistent stakeholder engagement, alongside legislative and structural reforms to help curtail the issue of child labour.From a legal standpoint, strengthening the Employment of Children Act  1991 and enforcing existing laws are crucial steps towards eradicating child labour. Moreover, education initiatives and economic support for vulnerable families can reduce the reliance on child labour by providing alternatives.

Looking to Brazil (a developed first-world country), it is noticeable that it has taken conscious steps to implement a comprehensive legal framework to protect children from labour exploitation. This includes a specialised labour inspection unit that conducts thorough inspections of workplaces, especially in sectors known for employing child labour, such as agriculture and informal urban markets. Violators face heavy penalties, including fines and closure of establishments found to be employing children illegally.

Additionally, international collaboration is vital in addressing this global issue. Pakistan can work with organisations like the International Labour Organization (ILO) to share best practices and access funding for anti-child labour initiatives.

Providing economic support to vulnerable families through social welfare programs, microfinance initiatives, and skills training can help alleviate the need for children to work and enable parents to afford to send their children to school instead. For children already engaged in labour, there should be rehabilitation and support services available to help them transition out of work and into education or vocational training programs. These services could include counselling, healthcare, and financial assistance.

Moreover, with consistent philanthropic endeavours like raising awareness, increasing literacy rates, and implementing judicial reforms, Pakistan can pave the way towards a future where every child can enjoy their childhood free from exploitation. While the road ahead may seem intimidating, recent initiatives like the “Elimination of Child & Bonded Labour Project” in Punjab show that progress is possible with directed efforts. By coming together to prioritise the well-being of children, Pakistan can build a brighter future for the next generation. It’s time to turn the tide against child labour and ensure that every child has the opportunity to thrive and fulfil their potential.

Bibliography

Primary Legal Materials

• Employment of Children Act 1991 (Pakistan)
• The Abolition of Bonded Labour Act 1992 (Pakistan)
• Constitution of the Islamic Republic of Pakistan 1973 (as amended) ss 11, 37(e)

International Legal Instruments

• United Nations Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (‘CRC’)
• ILO Convention Concerning the Minimum Age for Admission to Employment (No 138) (adopted 26 June 1973, entered into force 19 June 1976)
• ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182) (adopted 17 June 1999, entered into force 19 November 2000)

Books

• D Acemoglu and J Robinson, Why Nations Fail: The Origins of Power, Prosperity, and Poverty (Crown Business 2012)

Reports / Studies / Institutional Sources

• Gallup UK, Child Labour in Pakistan (Gallup UK 2023)
• International Labour Organization, Child Labour in Pakistan: National Overview (ILO 2023)
• International Labour Organization, Child Labour Enforcement Practices in Brazil (ILO 2022)
• Government of Punjab Labour Department, ‘Elimination of Child & Bonded Labour Project’ (Punjab Government, 2020–present)