Full Judgment Text & Judicial Ruling

2018 Y L R 1171 [Lahore] Before Qazi Muhammad Amin Ahmed, J MUHAMMAD NASEER---Petitioner Versus DISTRICT POLICE OFFICER, SIALKOT and 2 others---Respondents Crl. Misc. No.115355-H of 2017, decided on 7th December, 2017. Employment of Children Act (V of 1991)--- ----Ss. 3 & 11---Penal Code (XLV of 1860), S. 374---Criminal Procedure Code (V of 1898), Ss. 100 & 561-A---Bonded Labour System (Abolition) Act (III of 1992), S. 2(e)---Inherent jurisdiction of High Court---Child employment---Wrongly confined person---Recovery---Petitioner sought indulgence of High Court for recovery of his wife and niece aged 11 years allegedly placed under restraint by respondent with whom she was working as housemaid---Validity---Acquiescence of child could not be construed or equated by any stretch of imagination with his willingness to drudge on in an alien household---All those, including parents as well as facilitators were equally culpable to bring child in such a vulnerable situation---High Court directed the police to locate minor girl from wherever she was and proceed further as per disclosure strictly in accordance with law---Petition was disposed of accordingly. Malik Muhammad Shahbaz Awan for Petitioner. Syed M. Ihtisham Qadir, Prosecutor General, Punjab with Asad Sarfraz, District Police Officer, Sialkot and Hameed, S.I. for Respondents. ORDER QAZI MUHAMMAD AMIN AHMED, J.---Through this Criminal Miscellaneous, Muhammad Naseer, petitioner herein, seeks issuance of a production order for the recovery of his wife Mst. Rukhsana Bibi and niece Saweera aged 11, allegedly placed under restraint by Haji Tariq Sheikh respondent No.3. According to the petitioner, Mst. Saweera, an underage girl, was employed as maid with family approval, however, she was subsequently confined after denial of access to the family alongside Rukhsana Bibi, who visited the respondent to see the girl. Pursuant to order dated 5-12-2017 Rukhsana Bibi was brought before the Court while, according to the respondent Saweera Bibi had left home on her own. 2. This incident is merely tip of an iceberg, as cases of child servitude are ubiquitous throughout. Poverty is taking its toll and it horrifically illustrates our abysmal failure on socio-economic side; people in the lower strata are not only renting out their children, they are selling body organs as well to sustain themselves in the face of fewer alternatives. Gap between the haves and have-nots is alarmingly widening. This abhorrent activity is being carried out through facilitators, readily available in every neighbourhood. It is certainly for those, tasked at the helm of affairs through the will of the people to take immediate remedial statutory measures so as to eradicate the menace. Nonetheless, it is certainly a duty cast upon this Court under the Constitution to ensure that statutory arrangements/mechanism, for the protection of the child, already in place, are faithfully adhere to. Article-11 (3) of the Constitution of Islamic Republic of Pakistan, 1973 prohibits employment of a child below the age of 14-years in any factory or mine or in other hazardous callings. Similarly it is incumbent upon the State to provide free and compulsory education to all children of the age of 5-16 years in such manner as may be determined by law. Under Article 35 of the Constitution the child, alongside the family is placed under constitutional protection. Obligations arising out of the Supreme Law must be given effect in letter and spirit. Under Section 2(e) of the Bonded Labour System (Abolition) Act, 1992 (III of 1992) "bonded labour system" includes engagements for any economic consideration received by the worker or by any members of his family and, thus, clearly brings employment of a child in mischief thereof, cognizable under section 11 of the Act ibid; in addition to prohibition already provided under Section 3 of the Pakistan Employment of Children Act, 1991. The practice is equally cognizable under Section 374 of the Pakistan Penal Code, 1860 which inter-alia provides "Whoever compels any person to labour against the will of that person shall be punished with imprisonment of either description for a term which may extend to five years or with fine or with both." Acquiescence of a child cannot be construed or equated, by any stretch of imagination, with his willingness to drudge on in an alien household and, thus, all those, including the parents as well as the facilitators are equally culpable to bring the child in such a vulnerable situation. In view of the above, I find myself well within the bounds to direct District Police Officer Sialkot in attendance, to locate Saweera Bibi from wherever she is, and proceed further as per disclosure strictly in accordance with law. Copies of this order be transmitted to the Provincial Police Officer, Punjab to ensure that cases of child labour/abuse under domestic servitude and contraventions of provisions of above referred to Statutes are swiftly and effectively dealt with to make the Province safer for the child; as well as to all the Sessions Judges in the Province, so as to take up the cases of child labour/abuse/ domestic servitude in monthly meetings with a view to sensitize the District Police Officers in order to discourage the practice. Order accordingly. 3. Disposed of. MH/M-204/L Order accordingly.

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