PESHAWAR: The National Commission on the Rights of Child (NCRC) termed the draft law of the Khyber Pakhtunkhwa (KP) government against child abuse “unconstitutional” and urged Chief Minister Mahmood Kha to reconsider the draft before its approval from the assembly.
Daily Mashriq reported that the draft amendment passed by the KP cabinet violates Articles 141 and 142 of the constitution. In a letter, addressed to Chief Minister Mehmood Khan, the NCRC said that though the draft amendment to Child Protection and Welfare Act 2010 has been approved by the Cabinet, but it contradicts Articles 141 and 142 of the Constitution.
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The commission has advised the chief minister to reconsider the draft law instead of tabling it in the provincial Assembly for approval. The commission said that to ensure a comprehensive law, the draft require further amendments.
The National Commission also draws the attention of chief minister to another important issue of not appointing the head of KP Child Protection and Welfare Commission for the past several years. The letter said that International organisations have also pointed out the issue as a major hindrance to law enforcement. The NRCR has requested the KP government to appoint the head of the provincial commission as soon as possible and reconsider the draft amendment before its approval from the assembly.
The KP government was planning legislation to contain child abuse through sever punishments. The law – approved by cabinet – provides that the accused involved in child abuse will be awarded death penalty or life imprisonment. After the passage of the proposed law, prisoners sentenced to life imprisonment for child rape will remain in prison till his natural death. Such prisoners will not be released on parole and will not deserve any pardon.
