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Child Violence and Sexual Abuse, Way Out?

The situation of child violence and sexual abuse is worsening day by day, where as it seems like no human no department, no entity feels the responsibility of looking into the issue, one of the reason behind this is that no awareness no guidance is being given to the kids about their body issues and when to do what for their safety. Lots of money has been invested to promote child rights and to provide awareness to children and general community, but as a matter of fact it seems, all went in vain. Mostly the outsiders were engaged for various projects and the people coming from other areas to bring a change in Multan, came and went back just leaving their office buildings, gathered some MOVs according to the project and left Multan after using the budget according to their own will leaving Multan without supporting the change in a single person’s life.

The Consultation Session engaged the representation from CBOs, NGOs, Government departments, lawyers, and other human defenders who belonged to Multan and only Multan. The criteria to engage participants from Multan was to engage those who feel the ownership to bring a change within their own home town.

During a group-work Participants discussed and identified various issues faced by general and vulnerable children both. Later it evolved into a brain storming session when each of the participant irrespective of their group they participated or the organization they were representing, was asked for a commitment to provide prevention to Child Violence and Sexual Abuse. They were not left there to identify and suggest, but the process was taken a step ahead by taking steps to provide funds according to their suggestions, committee will be monitored by MSWS, the principal organization of committee. A seven (7) member committee was formed to inspect, scrutinize and provide the funds to individuals, CBOs and NGOs who really want to bring a change at grass-root level. The amount of 5.400M PKR will initially be shared for first, year by MC and will be distributed according to the given criteria. He also informed that this is the biggest amount to be disbursed, even to individuals and CBOs without any formal documentation and is open to all. The CBOs must have their bank account. The opportunity was to suggest the commitment by anyone from Multan and without any formal application, the committee consists people from Multan, for the welfare of the children of Multan, was made available in Multan along with the funds handed over to an organization of Multan, i.e. MSWS, which will be responsible to provide funds to those whose suggestions are checked verified and scrutinized and referred by the Committee named “Child Protection Committee, Multan”.

Mr. Irfan Rajpoot, Director Program and Policy Muslim Charity, facilitator and resource person of the session revealed that through this model we can adopt the easiest and most effective way to reach the communities at their doorstep. Through this approach the community can be reached to the deepest level more effectively. The communities will be engaged as never before. 

Consultation on CV&SE

ZARRA (Zainab Alert, Response & Recovery Act)

Part1

1. Short title, extent and commencement (1) this act may be called the Zainab Alert, Response and Recovery Act, 2019 a. It extends to the Islamabad Capital Territory b. It shall come into force at once.. 2. Definitions:- In this Act, unless there is anything repugnant in the subject or context, a. Act means the Zianab Alert, Response and Recovery Act 2018); b. “alert system” means an alert system established under this Act, c. “Abduction” means, i. Whoever by will or force, threat, violence or by any deceitful means induces any child under eighteen years of age to move from one place to another. It also includes kidnapping ; or ii. Whoever has unlawful custody of a minor or removing a child from the jurisdiction of his parents or lawful guardianship. d. “abductor” means a person, a group of persons or an organization who kidnaps, traffics or abducts child. e. “Child” means anyone who has not attained the age of eighteen years at the time of commission of an offence of when reported to be missing or abducted; f. “code” means the code of criminal procedure, 1898 (Act V of 1898) g. “Government” means the Federal Government of the Islamic Republic of Pakistan. h. “missing child”; means any child who is reported to the police or any ZARRA office or any other relevant authority assigned under this Act as missing because his whereabouts are not known to his parents or legal guardians or is a runaway child regardless of circumstances and causes of disappearance or time elapsed since the child went missing; i. “organization” means any group, combination or body of persons acting under a distinctive name; j. “recovery” means all those required actions that may include, but no limited to search, investigation, forensics, coordination and dispatch of specially trained teams to rescue, recover, to provide psycho-social support and bring the missing or abducted child to safety; k. “response” means all those actions that must be taken by the ZARRA office, police, local government, telecommunication companies, state and privately owned media channels, airports, railway stations, highway authorities, missing child response and recovery teams or any other organization or individual that is assigned a task under this Act; and l. “ZARRA” means Zainab Alert, Response and Recovery Agency of Missing and Abducted Children established under this Act; PART II 3. Establishment of Zainab Alert, Response and Recovery Agency. a. The Government shall, by notification in the official Gazette, establish Zainab Alert, Response and Recovery Agency of Missing and Abducted Children (ZARRA). b. The ZARRA shall consist of a director General to be appointed by the Prime Minister or a person authorized by him in this behalf. c. The management staff of ZARRA shall be suitably equipped with skills of managing databases, conducting planning and monitoring of programs, analyzing data, preparing reports and coordinating with all other offices. The qualification and experience of staff shall be prescribed by rules. d. Standard operating procedures (SOPs) shall be devised to ensure the safety and protection in the hands of the authorities of the recovered missing or abducted child. e. The ZARRA shall work closely with the helpline or such other helpline, operating under the mandate of the Division concerned. In this regard, the helpline shall forward complaints relevant to the mandate of ZARRA, which shall be acted upon in partnership between the ZARRA and the National Commission on the Rights of Child. 4. Superintendence and administration of ZARRA a. The superintendence of the ZARRA shall vest with the National Commission on Rights of the Child. b. The administration of the Agency shall vest in the Director General. c. The Director General shall exercise such powers and performs such functions as may be prescribed. 5. Powers and functions of ZARRA;- The following shall be powers and functions of ZARRA, namely:- a. To activate Zainabl Alerts, when there is a missing or abducted child, at the Federal Capital level, which will include information on the physical characteristics of the missing or abducted child as well as any other data that would help in the child’s identification, so as to inform the public at large and all concerned agencies to whom these alerts will be issued; b. To coordinate with Pakistan Telecommunication Authority (PTA) for issuance of Zainab Alert SMs, MMSs, with Pakistan Electronic Media Regulatory Authority (PEMRA) for tickers on television channels and announcements on radio stations and alerts on social media as well as postings on relevant websites or any other available medium; c. To define procedures for how, when, with what frequency and in which geographical territory the missing or abducted child alert will be raised. d. To provide nation-wide telephonic toll free hotline number 1099 or such other number where any person may report a missing or abducted child and such number may be used by any member of public who has any information relating to the missing or abducted child. e. To maintain online database both in the National Commission on the Rights of the Child (NCRC) and Division concerned of every reported incident of a missing or abducted child, the actions taken, the current status of the case and its final outcome. This database shall be monitored for accuracy and shall be kept updated at all times. The database shall cover all territories of ICT and will be accessible to the public on ZARRA website in English and in Urdu; f. To define procedures for who, how and when an incident of missing or abducted child shall brought on to the ZARRA database. NCRC and Division concerned shall have the responsibility to maintain the database. To maintain proper record for each case, coordinate any information on missing children with local law enforcement agencies, detect criminal patterns in a geographical area, issue monthly public reports on missing and abducted children on its website, introduce procedures and key performance indicators that will improve and measure the effectiveness of Zainab Alert, Response and Recovery. g. To ensure that the concerned stakeholders perform their duties in accordance with the prescribed rules; h. To introduce a user friendly cellular mobile application linked with the main database for reporting of any missing child and for updated information of any child abducted or recovered; i. To initiate, refer or take action for proceeding against any non-cooperation or non-compliance by any organization or stakeholder in accordance with the rules prescribed by Ministry of Human Rights; j. To ensure that full real-time information is being received in ZARRA office. k. To provide such administrative arrangements as may be necessary and appropriate to secure the safe return of any such child; l. To facilitate the provision of legal aid or advice, where circumstances so requires; m. To coordinate and cooperate, in case of missing or abducted child who has been wrongfully removed to, or retained in Pakistan, with the concerned authorities of the country where the child was habitually residing; and n. To do any other task necessary to perform the functions of ZARRA. 6. Powers and Functions of the Division Cencerned:- Without prejudice to the business attached to the Division concerned in the Rules of Business,1973, the following shall be powers and functions of Division concerned, namely:- a. To analyze the performance of ZARRA, to evaluate the effectiveness of ZARRA functions and to take actions to continually improve the performance of ZARRA; b. To provide governance and oversight to ensure all actions relating to ZARRA that are initiated and all functions from registration of FIR, to safe recovery of child and may refer for rehabilitation of a recovered child are performed efficiently. 7. Establishment of missing child response and recovery teams.- a. The Director General in consultation with National Commission on the Rights of the Child and Division concerned shall establish missing child response and recovery teams (MCRRTs) at level of the Federal Capital and equip them with individuals, conceptually and technologically, highly trained in functions such as investigation, forensics, rapid response, search, rescue and recovery operations. Every MCRRT shall be headed by a senior police officer of not less than the rank of superintendent of police and shall also include a child protection officer as defined in the said XXI Act of 2018. b. The police station where a case of missing or abducted child is reported shall immediately and not later than 2 hours after the complaint is lodged, inform the ZARRA, of the missing child incident and keep providing latest status of the case and all available details. The missing or abducted child database shall be shared on online database, maintained by the ZARRA office. c. The police officer simultaneously through any available means of communication shall call, fax, electronic mail or ZARRA mobile application shall inform the MCRRT of the missing child event and provide all possible information and support to the MCRRT team inn accordance with the prescribed rules. d. The MCRRT shall take an immediate action and launch, with the help of local police, the investigation search, rescue, recovery and rehabilitation operations; e. In case ZARRA office receives a direct complaint of a missing or abducted child, it shall coordinate immediately with the local police station, NCRC other ZARRA offices and the MCRRTs to ensure all actions relating to ZARRA are initiated. This includes registering of a complaint at the concerned police station on behalf of the complainant. PART III 8. Punishments under this Act. a. Any police officer who does not comply with the provisions of section 154 of the Code in case of missing or abducted child or any other public officer who willfully delays or hinders in providing or processing the information in accordance with the rules made under this Act shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine. b. Whoever intentionally issues or cause to be issued a false or fake alert of any child on the alert system or misuses it which may result to desensitization in the public shall be punished with imprisonment for a term upto six monthsand a fine of one hundred thousand Rupees. PART IV 9. Power to make rules. The Federal Government may, by notification in the official Gazette, make rules within six months of the commencement of this Act to carry out the purpose thereof 10. Power to amend schedule A to this Act. The federal Government may amend the Schedule A to this Act so as to add thereto or omit therefrom or amend therein any entry. 11. Financing of ZARRA a. The remuneration payable to the Director General, other employees, staff and administrative expenses of the ZARRA shall be made from funds allocated by Federal government. b. The Director General shall be the Principal Accounting Officer of the ZAARA. 12. Director General, offices and employees deemed to be public servants:- The Director General, officers and employees of ZARRA shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code 1850(Act XLV of 1860) and shall be subject to all the relevant provisions of section 161 to 169 of the said Act XLV of 1860. PART V 13. Amendment of section 364-A, Act XLV of 1860 In the Pakistan Penal Code, 1860 (Act XLV of 1860). Hereinafter referred to as the PPC, for section 364A th following shall be substituted namely:- ‘’364-A, Kidnapping or abducting a person under the age of eighteen years in order that such person may be murdered or subjected to grievous hurt, or slavery, rape of to be the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, rape or to the lust of any person shall be punished with death or with imprisonment for life or with rigorous imprisonment for a term which may extend to rourteen years and shall not be less than seven years and with fine which shall not be less than ten million Rupees and which may extend to twenty million Rupees.” 14. Amendment of section 369, Act XLV of 1860:- In the PPC, for section 369 the following shall be substituted, namely:- “369. Kidnapping or abducting child under eighteen years with intent to take immovable property steal from its persons. Whoever kidnaps or abducts any child under the age of eighteen years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and with fine of one million Rupees.” 15. Amendment of section 154, act V of 1898:- In the Code, in section 154, in the second proviso for full stop at the end, a colon shall be substituted and thereafter the following third proviso shall be added, namely:- “Provided also that if the information relates to the commission of abduction or missing child an officer incharge of a police station shall compulsory reduce to writing by him or under his direction, and be read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed b the person giving it and the substance thereof shall be entered in a book to be kept by such officer and also ensure that the required information in Schedule A to the Response and Recovery Act, 2019 is made part of the complaint” 16. Amendment of Schedule II, Act V of 1898 in the Code, in Schedule II, (a) for the entries relating to section 364A, the following shall be substituted namely:- 364A Kidnapping or abducting a person under the age of eighteen years. Ditto Ditto Ditto Ditto Death or with imprisonment for life or with rigorous imprisonment for life or with regorouss imprisonmentfor a term which may exend to fourteen years and shall not be less than seven years and with fine which shall not be less than ten million Rupees and may extend to twenty million Rupees. Ditto (b) For the entries relating to section 369, the following shall be substituted, namely:- 369 Kidnapping or abducting child under eighteen years with intent to steal from its persons Ditto Ditto Ditto Ditto Imprisonment of either description for fourteen years, and fine of one million rupees. Ditto   Schedule A (a) Basic information about the missing child:- a. Full name b. Date of Birth c. Birthplace d. Nicknames, if any e. Current and previous addresses. Who else lived there? f. Current and former employers. (b) Physical Description of the missing child:- a. Height b. Weight c. Age d. Build e. Hair Color/Length of hair f. Eye color? g. Any Distinguishing Marks – such as tattoos, Birthmarks, scars, etc. h. Beard/Mustache/Sideburns i. Most recent photo of the missing child. (c) Habits and personality of missing child:- a. Does the child have any personal or emotional problems? b. Any addiction Drug/Smoking c. What level of education or training does the Child have? d. Does the Child frequent any particular area or places of interest (d) Clothing that the missing child was wearing the last time you saw? a. Style and color of wearing clothes b. Style and color of jacket or outerwear c. If applicable, type of headwear d. Type of glasses e. Type of gloves f. Type and color of foot wear (e) Trip Plans of the missing child the day he went missing:- a. What were the missing child’s plans and/or activities on the day they went missing. b. Where was he/she going? c. Why was he/she going there? d. If the individual was travelling by car, can you provide the make and model number, license plat number, as well as registration (if possible) e. Provide information about any other vehicles or mode of travel the missing Child may have access to. (f) Information about the last time the missing child was seen:- a. The time and location of where he/she was last seen