Child trafficking is a form of human trafficking, or TIP (trafficking in persons), which involves the use of force, fraud, or the buying and selling of children for forced labor, sexual exploitation, organ trafficking, and illegal adoption. Trafficking can occur locally as well as internationally. It is one of the most widespread forms of organized crime, constantly evolving with technological advances. According to the United Nations, child trafficking includes ‘‘Recruitment, transportation, harboring, and receipt.’’ Pakistan has agreed to the Palermo Rule to stop child trafficking. The Palermo Rule is used to define child trafficking and eliminate it from 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 crimes involving child trafficking in Pakistan. EFFECTS OF CHILD TRAFFICKING: Child trafficking has the following effects on victims: psychological, physical, and social
ROOT CAUSE OF CHILD TRAFFICKING
Economic deprivation and weak social background mostly become the root cause of child trafficking. Economic needs and poverty make potential recruits vulnerable to deception and exploitation. This section of society does not have potential links and is politically powerless to escape from exploitation because of their social position. Children are naïve and can be easily controlled, which traffickers take advantage of and use them for their gain. These children are from poor families; hence, to earn a livelihood for their families, they end up compromising themselves.
BACKGROUND
Pakistan has multiple laws that address child trafficking, including the 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-A of the 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 Sections 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: 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 already has laws to fight child trafficking, e.g., the Prevention of trafficking in Persons Ordinance 2002. This law needs to be revised to address modern forms of child trafficking through the internet, suchas thee dark web and social media platforms. The previous law is outdated in today’s world of a global village. Ensure that every form of trafficking, and specifically labor, sexual exploitation, and organ trade, is 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.
RECOMMENDATION: DEFINITION OF CHILD
Firstly, we need to have an argument about the definition of “child” so that we can be clear about which age group is being targeted. The safety of the child must not be compromised by multiple legal instruments. PTPA defines a child as any person below 18 years of age, an international standard. The situation persists when loopholes like the PTPA overlap with PPC, labor laws, and the Constitution. Because of this confusion, some laws become contradictory in giving punishments to culprits. CONSTITUTION OF PAKISTAN define child as below the age of 14. THE MINE ACT 1923 defines a child as a person who is under 15 years of age. THE EMPLOYMENT OF CHILDREN ACT, 1991 defines a child as a person who is under 14. The confusion in the cases of child trafficking is that 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 seem 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 who 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. REHABILITATION CENTRE: Government should create and improve facilities to provide rescue facilities, 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 the 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 human rights crime that destroys the future and present of children. We need better policies to protect our country from this type of crime and to give our children a safer environment. These recommendations outline the flaws of previous policies 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, governments, international organizations, and the private sector need 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.