3. State Party Reports

Pakistan

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I. INTRODUCTION

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F. Child population

1. Definition of the child

19. Most of the local laws regard a person below the age of 18 years as a child except in cases such as employment or in the event of a female contracting marriage.

20. Under the Majority Act of 1875, "every person domiciled in Pakistan is deemed to have attained his majority when he shall complete his age of 18 years and not before". However, the provisions of the Majority Act are not binding on other laws. A child under 18 years cannot vote, cannot file a lawsuit and cannot enter into any contract. There is no bar to his seeking medical consultation without parental consent, but in view of family life in Pakistan evidence is not available on legal or medical counselling sought by children themselves. A child cannot contract marriage below the age of 16 years for females and 18 years for males. Premarital/extramarital sex is prohibited; therefore, the question of sexual consent does not arise. A child under 18 years of age also cannot enlist in the armed forces. Besides, no child under the age of 14 years can be employed in any formal sector.

21. Under the Pakistan Penal Code, no act is considered as an offence which is committed by a child under 7 years of age. Under the same code no act is regarded as an offence if done by child above 7 years of age and under 12 years, who has not attained sufficient maturity to judge the nature and consequences of his conduct on that occasion. The law authorizes the officer in charge of a police station to release a person under 15 years of age on bail, if arrested for a non-bailable offence. If a child under 18 years is convicted by a court for an offence punishable with transportation or imprisonment, the court may either order him to be sent to a certified school or to the juvenile section of a jail.

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24. In general the laws of Pakistan treat the male and female child alike. Few laws define a female child to be below the age of 16 years as opposed to a male child who is stated as being below 18 years of age. Some codified Islamic laws have even lowered this age of the female child by stipulating that it is either 16 years or upon attaining puberty. In certain other matters, like custody of children and inheritance, this non-codified Islamic law maintains a distinction between a male and female.

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IV. CHILD SURVIVAL, PROTECTION AND DEVELOPMENT: PROGRESS MADE

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G. Children in difficult circumstances

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141. The problem of abandoned children is judged to be small in quantitative terms. Guardianship of abandoned babies is awarded, with priority to couples without children of their own. Very young children often accompany their accused or convicted mothers to jail. Such children are confined to jails with their mothers and are deprived of opportunities for normal life during a vitally important period of growth.

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K. Capital punishment

158. Article 37(a) of the Convention provides that neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age. According to section 45(1) of the Punjab Youthful Offenders Ordinance, 1983 (and in similar laws in other provinces) no offender below the age of 15 years shall be sentenced to death or transportation or any imprisonment. However, a young person even below the age of 15 years who has reached puberty can be given the punishment prescribed by the hudood laws.

Source: Initial reports of States parties due in 1993: Pakistan, UN Doc. CRC/C/3/Add.13, paras. 19-21, 24, 141, 158 (28 May 1993)