PESHAWAR: Khyber Pakhtunkhwa (KP) government on Monday tabled amendment to ‘KP Child Protection and Welfare (Amendment) Bill, 2022’ in the Provincial Assembly, proposes death penalty for convicts in child sexual abuse case.
The child protection amendment bill – tabled by Minister for Culture and Labour Shaukat Ali Yousafzai – has abolished the controversial clause of video recording of child abusers’ executions after critics termed it a violation of human rights.
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The draft proposes that the convict in child sexual abuse cases will also face a fine of Rs2 million to Rs50 while convict in child pornography will face 10-year imprisonment and Rs7 million fine. Similarly, the convicts in child trafficking cases will face life imprisonment and Rs5 million fines. The child protection courts will hear the child abuse case and will be bound to announce verdict within 30 days.
The amendment furthered that the person sentenced to life imprisonment will pass his entire life in prison and will not deserve any concession. The name of the convicts in child abuse cases will be placed on “List of sexual assault” and such person will not be eligible to avail job in any institutions working for children. And if such a person get hired, the head of the concerned institution or the general manager will be liable to five years imprisonment along with fine Rs10 million.
The Amendment Bill proposes to prosecute child abusers in special model courts set up under the High Court – Child protection courts – while the Juvenile Justice System Act 2018 directs that if a child abuser is less than 18 year old, he will be tried in juvenile courts. All information of child abuser will be published on the official website of the Commission for the protection of children and will be shared with NADRA. The information will also be available to the general public.
The proposed amendment has already attracted criticism. Experts and analysts are of the view the Child Protection Act-2010 is a comprehensive law but it needs effective implementation to protect children against sexual abuse.
The National Commission on the Rights of Child (NCRC) in a letter to chief minister termed the draft law “unconstitutional” and urged to reconsider the draft before its approval from the assembly. The NCRC said that the draft law violates Articles 141 and 142 of the constitution. The NCRC said that the draft contradicts Articles 141 and 142 of the Constitution. However, the government has removed some of the controversial clauses from the draft law.