3. Elimination of exploitation
The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.
4. Right of individuals to be dealt with in accordance with law, etc
1.To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Wherever he may be, and of every other person for the time being within Pakistan.
2.In particular-
a. no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;
b. no person shall be prevented from or be hindered in doing that which is not prohibited by law; and
c. no person shall be compelled to do that which the law does not required him to do.
9. Security of person
No person shall be deprived of life or liberty save in accordance with law.
11. Slavery, forced labour, etc., prohibited
1. Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.
2. All forms of forced labour and traffic in human beings are prohibited.
3. No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.
4.Nothing in this Article shall be deemed to affect compulsory service
a. by any person undergoing punishment for an offence against any law; or
b. required by any law for public purpose:
Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.
15. Freedom of movement, etc
Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.
37. Promotion of social justice and eradication of social evils
The State shall-
e. make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;Pakistan Constitution
340. Wrongful confinement
Whoever wrongfully restrains any person in such a manner as 10 prevent that person from proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that person. Illustrations (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z.
342. Punishment for wrongful confinement
Whoever wrongfully confines any person, shall be punished with imprisonment of either description for, a term, which may extend to one year, or with fine which may extend to 135[three thousand rupees] 135 or with both.
343. Wrongful confinement for three or more days
Whoever wrongfully confines any person, for three days or more, shall be punished with imprisonment of either description for a term, which may extend to two years, or with fine, or with both.
344. Wrongful confinement for ten or more days
Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term, which may extend to three years, and shall also be liable to fine.
346. Wrongful confinement in secret
Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person of public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any other punishment to which he may be liable for such wrongful confinement.
360. Kidnapping from Pakistan, etc.
Whoever, conveys any person beyond the limits of Pakistan without the consent of that person, or of some person legally authorised to consent on behalf of that person is said to kidnap that person from Pakistan.
364- A. Kidnapping or abducting a person under the age of fourteen
Whoever kidnaps or abducts any person under the 141[age of fourteen] 141 in order that such person may be murdered or subjected to grievous hurt, or slavery, or to 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, 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 fourteen years and shall not be less than seven years.
365B. Kidnapping, abducting or inducing woman to compel for marriage etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, inducesis likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
366A. Procuration of minor girl
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
366B. Importation of girl from foreign country
Whoever imports into Pakistan from any country outside Pakistan any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery or knowing it to be likely that such person will be so subjected or disposed of shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person
Whoever knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person shall be punished in the same manner as if he had kidnapped or abducted Such person with the same intention or knowledge, or for the same purposes as that with or for which he conceals or detains such person in confinement.
370. Buying or disposing of any person as a slave
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
371. Habitual dealing in slaves
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, shall also be liable to fine.
371A. Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person shall at any time be employed or used for any such, purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine. Explanations:- (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. (b) For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage.
371B. Buying person for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine. Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
374. Unlawful compulsory labour
(1) Whoever unlawfully 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 150[five years] 150 or with fine, or with both. (2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Pakistan shall be punished with imprisonment of either description for a term which may extend to one year. Explanation: In this section the expression "prisoner of war" and "protected person" shall have the same meanings as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, ratified by Pakistan on the second June, 1951.Pakistan Penal Code
Section 4. Abolition of bonded labour system
(1) On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall stand freed and discharged from any obligation to render any bonded labour.
(2) No person shall make any advance under, or in pursuance of, the bonded labour system or compel any person to render any bonded labour or other form of forced labour.
Section 11. Punishment of enforcement of bonded labour
Whoever after the commencement of this Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which shall not be less than two years nor more than five years, or with fine which shall not be less than fifty thousand rupees, or with both. Pakistan Bonded LAbour System (Abolition) Act
Article 3. Trafficking in persons.
(1) Any person who recruits, harbours, transports, provides or obtains another person, or attempts to do so, for compelled labour or commercial sex acts through the use of force, fraud or coercion, commits an offence of trafficking in persons and shall be punished with imprisonment which may extend to seven years or with fine which may extend to one million rupees or with both.
(2) If the offence of trafficking in persons under sub-section (1) is committed against a child or a woman, the person who commits the offence shall be punished with imprisonment which may extend to ten years and which shall not be less than two years or with fine which may extend to one million rupees or with both.
(3) In this section: -
(a) coercion means use or threat of use of force, or other forms of non-violent use of force including –
(i) threat of harm to or physical restraint of any person;
(ii) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint of any person;
(iii) threat due to the vulnerable position of a person; or
(iv) psychological pressure; and
(b) 'compelled Iabour' includes involuntary servitude, slavery or practices similar to slavery or debt bondage and forced labour.
Article 4. Aggravating circumstances.-
Where an offence under sedion 3 involves:
(a) serious injury, life-threatening illness or death of the vctim or another person;
(b) activity of an organized criminal qroup;
(c) confiscation or destruction of any travel document of the victim; or
(d) repetition of the offence by the sarne offender; the offender shall be punished with imprisonment which may extend to fourteen years and which shall not be less than three years and fine which may extend to two million rupees
Article 7. Presumption in case of child victim.-
Where the victim is a child, the prosecution may not prove actual use of force, fraud or coercion and the Court may not consider the consent ofthe victim, his parent or guardian as a defence
Pakistan The Prevention of Trafficking in Persons Act
2. Definition.
In this Ordinance, unless there is anything repugnant in the subject or context
(d) “coercion” means the use of force, violence, physical restraint, deception, fraud or acts or circumstances not necessarily including physical force but calculated to have the same effect, such as the credible threat of force or of infliction of serious harm;
(h) “human trafficking” means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes mentioned in section 3
3. Punishment for human trafficking.
The human trafficking shall be punishable as under.
(i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour or adoption in or out of Pakistan shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that in case of an accused who, in addition to committing an offence as aforesaid has also been guilty of kidnapping or abducting or any attempt thereto in connection with such offence, the imprisonment may extend to ten years with fine:
Provided further that whoever plans to commit an offence under this clause but has not as yet executed the same shall be punishable with a term of imprisonment, which may extend to five years and shall also be liable to fine.
(ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or method intended to make such person believe that in the event of non-performance of such labour or service, he or any other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that if the commission of the offences under this clause involves kidnapping or abduction or any attempt thereto, the term of imprisonment may extend to ten years with fine:
Provided further that payment of any remuneration in lieu of services or labour of the victim shall not be treated as mitigating circumstance while awarding the punishment.
(iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine: Provided that if the commission of the offence sunder this clause involves kidnapping or abduction or any attempt thereto of the victim, the term of imprisonment may extend to fourteen years with fine: Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under this clause.
(iv) Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to prevent or restrict, without lawful authority, a person’s liberty to move or travel shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine.Pakistan Trafficking in Persons Law
Paragraph 355
Fundamental Right No. 3 of the Constitution of the Islamic Republic of Pakistan, 1962 prohibits slavery.
Paragraph 357
(a) Acceptance, receipt and detention of a person against his will as a slave is an offence under section 370 of the Pakistan Penal Code… A person convicted under section 370… is liable to 7 years’ imprisonment of either description and fine, and a person who is convicted under section 371 of the Pakistan Penal Code… is liable to imprisonment of u to 10 years and fine;
Paragraph 358
(b) Kidnapping or abducting a person in order that such person may be subjected to slavery is punishable with 10 years’ imprisonment of either description and fine vide section 367 P.P.C…Where a child under 10 years is involved, it is punishable with death or transportation for life and in no case less than 7 years’ vide section 364 A.P.P.C…
Paragraph 372
Appendix III. The Slavery Act, 1843, Act No. V of 1843
An Act for declaring and amending the Laws regarding the condition of Slavery within the Territories of the East India Company…
Paragraph 373
List of British statutes applicable or of possible application to Pakistan
(1) The Slave Trade Act, 1824.
(2) The Trade Act, 1873.
(3) The Slave Trade (East African Courts) Act, 1873.
(4) The Slave Trade Act, 1876.
(5) The Slave Trade (East African Courts) Act, 1879.
- Definitions.–
In this Act:
(a) "child" means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age
- Punishment for marrying a child.–
If a person, not being a minor, contracts child marriage, he shall be liable to punishment of simple imprisonment which may extend to six months and fine of fifty thousand rupees.