GC University Lahore

Child Labour in Human Rights Perspective

(Case Study of Child Scavengers of
Urban Areas of Lahore)

Khalid Manzoor Butt

Session 2005-2009
Registration No. 03-GCU-PhD-Pol-Sc-2005

Department of Political Science

 i

Child Labour in Human Rights Perspective

(Case Study of Child Scavengers of
Urban Areas of Lahore)

Submitted to GC University, Lahore

in partial fulfillment of the requirements
for the award of Degree of

Ph. D.

in
Political Science

by

Khalid Manzoor Butt

Session 2005-2009
Registration No. 03-GCU-PhD-Pol-Sc-2005

Department of Political Science

GC University, Lahore.
 ii

RESEARCH COMPLETION CERTIFICATE

Certified that the research work contained in this thesis titled “Child Labour

in Human Rights Perspective: Case Study of Child Scavengers of Urban

Areas of Lahore” has been carried out and completed by Mr. Khalid Manzoor

Butt, Registration No. 03-GCU-PhD-Pol-Sc-2005 under my supervision.

Dated: August 09, 2010 (Dr. Farhat Mahmud)

Visiting Professor
Department of History
GC University, Lahore.

Submitted Through

(Dr. Khalid Javed Makhdoom)

Chairman
Department of Political Science Controller of Examinations
GC University, Lahore GC University, Lahore
 iii

DECLARATION

I, Khalid Manzoor Butt, Registration No. 03-GCU-PhD-Pol-Sc-2005, Student

of Ph.D., in the subject of Political Science, Session 2005-2009 hereby

declare that the matter printed in the thesis titled ‘Child Labour in Human

Rights Perspective (Case Study of Child Scavengers of Urban Areas of

Lahore)’ is my own work and has not been printed, published and submitted

as research work, thesis or publication in any form in any University,

Research Institution etc., in Pakistan or abroad.

Dated: August 09, 2010 Signature of Deponent

 iv
Acknowledgements

My heartiest gratitude is due to my mentor and supervisor, Dr. Farhat Mahmud,

Visiting Professor, Department of History, GC University, Lahore who guided and helped
me to complete this research. He was the person who put me on the track whenever I was
confused, or suffered any indecisiveness. Through formal and informal discussions with
him I got many precious ideas for the topic under study. I shall always remain indebted to
him for his encouragement and valuable advice and for taking great interest in my work.
I wish to say thanks to Dr. Khalid Aftab, Vice Chancellor, GC University, Lahore
who has always been very kind and considerate. He took special interest in my research
and gave me some valuable tips. His kind support has enabled me to accomplish this task.
I am grateful to Prof. Muhammad Azhar Ch., former Chairman, Department of
Political Science, GC University, Lahore who facilitated me during my research. He
remained very kind and accommodating in removing various difficulties which I faced
from time to time. I will remain obliged for his kind support and cooperation.
I would like to extend my gratitude to Mr. Tahir Manzoor and Dr. Awan, officers
in the Labour Department, Government of the Punjab, for providing me important material
and guidance for my survey and research. I acknowledge that without their help it will be
very difficult to gather the required material.
I am thankful to Mr. Abdul Waheed, Chief Librarian, GC University, Lahore who
not only kept on encouraging but also gave his all-out support regarding library matters.
He deputed Mr. Abid Iqbal, Librarian who arranged for me some very rare books and
material for my research. He took off my burden and solved my problems. I should remain
grateful to him.
I am indebted to Ms. Nadia Saleem, Assistant Professor of Economics who
extended her help regarding statistical tests of the data which enabled me to have some
scientific verifications of my survey. I acknowledge the help of Mr. Sameer Ahmed,
Lecturer in English.
I am also thankful to my students, Manzoor Elahi, Usman Siddiqi, Jahanzeb,
Hafeez, Aziz Butt, Ali Abbas, Imran, Nadim Malik who were members of my survey
team. They conducted interviews of child scavengers under my supervision which was a
tiring job particularly in the extreme weather conditions and unpleasant environment. I
acknowledge that without their support and association the completion of the survey
would have been rather difficult.
 v
I am also thankful to Muhammad Akram, my assistant who did most of the typing
work. He showed patience in bringing changes in the script again and again. Without his
assistance and hard work the work would have been unending.
Taking advantage of this opportunity, I would like to say thanks to my wife
Tahseen, not only for her support but also for her patience. She used to arrange my
scattered books and notes and provided me a congenial environment to complete my
thesis. I owe especial thanks to her.
Last but not least, I am grateful to my children Asfandyar, Shehryar, Khushbu and
Mominyar who remained accommodating during all the period of my research and never
demanded undue time from me. My prayers and love would always be with them.
 vi
Abstract
In child labour, the children involved in it have social, economic and educational
disadvantages. ‘Scavenging through children’ is that kind of child labour which is
undertaken in filthy and deplorable conditions. In this practice, parents or guardians use
their children for economic gains. These children are innocent, vulnerable, and dependent
on their elders. They are without any voice or any association for their basic rights. They
are generally underfed, underpaid, overworked and exposed to hazardous environment and
extreme weather conditions which are constant threats to their life, health and growth.
They are also victims of social dislike and hate and are suspected by the people.
Consequently they become an excluded community with frustrations and inferiority
complex. They do not have opportunities of schooling, playing and recreational activities
which are imperative for their proper growth and up-bringing, therefore, they are likely to
have a bleak future. As a matter of fact, a sizeable population of children is involved in
this profession, particularly in cities. In the profession of scavenging through children,
various violations of their rights take place. None of the government departments has
taken seriously to redress this practice.
A conceptual framework of the Rights of Children is designed from the United
Nations’ Charter, Declaration of Human Rights, Covenants of Human Rights and
Convention on the Rights of the Child (CRC) to assess the violations of rights of the child
scavengers. Although Pakistan is a signatory of the CRC and the International Labour
Organization (ILO) Convention 182, yet a big number of children are being mistreated,
exploited and abused particularly in scavenging profession.
An empirical study is undertaken to have an insight of the phenomenon of
scavenging through children. For that matter, a sample of 200 child scavengers are
selected. They are interviewed to document the various aspects of this practice like causes,
conditions, exploitations, treatments, professional health, miseries, etc. However,
descriptive research method is used for the problem under study i.e., child scavengers of
urban areas of Lahore.
The thesis is divided into seven chapters. Chapter 1 consists of Introduction of the
topic under study, Statement of the Problem, Source, and Research Design. Moreover it
delineates Demography of Lahore the target area for the research. Chapter 2 presents
Conceptual Framework, Literature Review of the relevant material for the study and
Derivation of Hypothesis. Chapter 3 covers concepts, definitions historical background
 vii
and various aspects of child labour. Chapter 4 discusses concepts and evolution of Human
Rights and its different theories. It also contains international movements, conventions and
laws regarding children’s rights. Chapter 5 consists of the findings of survey of the Case
under study i.e., child scavengers. Chapter 6 delineates Community Profile of scavengers
and a Situation Assessment of the child scavengers of Lahore. However, Chapter 7
consists of Conclusion some policy implications. In this chapter, a Model is also suggested
to tackle the problem of scavenging through children in Lahore. It also presents
suggestions and remedies to transform child scavengers into useful and productive
individuals.

Note: In soft copy a complete list of references appears at the end of the thesis. However,
partial lists of references are also visible after each chapter of the thesis.
 viii

Table of Contents
Chapter No Topics Page No.
Chapter 1 Introduction 01
1.1 Introduction 02
1.1.1 Statement of the Problem 03
1.1.2 Significance of the Study 06
1.1.3 Objectives of the Study 07
1.1.4 Sources 07
1.1.5 Research Design 07
1.1.6 Data Collection Techniques 09
1.1.7 Structure of the Thesis 14
1.1.8 Citation Style 15
1.2 Scavenging Through Children in Lahore 15
1.3 Demography of Lahore 25

Chapter 2 Conceptual Framework, Literature Review and 32

Derivation of Hypothesis
2.1 Conceptual Framework 33
2.2 Literature Review 50
2.3 Derivation of hypothesis 66

Chapter 3 Child Labour 67

3.1 Labouring-Child and Working-Child 69
3.2 Definitions of Child Labour 77
3.3 Child Labour in Historical Perspective 79
3.4 Causes of Child Labour 84
3.5 Kinds of Child Labour 101
3.6 Magnitude of Child Labour 102
3.7 Effects of Child Labour 106

Chapter 4 From Human Rights to Children’s Rights 111

4.1 Evolution of the Concept of Human Rights 112
4.2 Theories of Human Rights 142
4.3 Children’s Rights in Child Labour Perspective 151

Chapter 5 Findings of the Survey 162

5.1 Percentage Basis Data Analysis of the Findings 165
5.2 Statistical Tests 199
5.2.1 Chi-Square Non-Parametric Test 199
5.2.2 Chi-Square Distribution Test 203
5.2.3 Factor Analysis (Unrotated Principal Components) 204
5.2.4 Factor Analysis Rotated Component Matrix 206
5.3 Photographs: Children Undertaking Scavenging 210
 ix

Chapter 6 Community Profile and Situation Assessment 219

6.1 Community Profile of Scavengers 220
6.2 Situation Assessment: Violations of Human Rights 224
of Child Scavengers

Chapter 7 Conclusion and Policy Implication 241

7.1 Conclusion and Policy Implication 242
7.2 Model to Tackle Scavenging Through Children 261
Appendices 270
References 297
Bibliography 312
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List of Tables

Table No. Title Page No.

5.1 Distribution of the Respondents According to Their Gender. 165

5.2 Distribution of the Respondents on the Basis of Answers of 166

the Following Questions.

5.3 Distribution of the Respondents on the Basis of Urban or 169

Rural Areas.

5.4 Distribution of the Respondents on the Basis of Province or 169

Territory (FATA) of Pakistan to Which They Belong.

5.5 Distribution of the Respondents: In Case They Were Not 170

Citizens of Pakistan.

5.6 Distribution of the Respondents: What Were They Doing 171

Before Joining This Profession?

5.7 Distribution of the Respondents on the Basis Whether Their 171

Involvement in the Profession was Under Compulsion or
With Their Own Will.

5.8 Distribution of the Respondents: The Biggest Causes Which 172

Had Compel Them to do This Work.

5.9 Distribution of the Respondents: How Fathers’ Health 172

Conditions Were?

5.10 Distribution of the Respondents on the Basis of Number of 173

Family Members Involved in Scavenging.

5.11 Distribution of the Respondents: Do They Leave School 174

Before Completing Class 1, 3 or 5?

5.12 Distribution of the Respondents: Do They Want to Get 174

Education?

5.13 Distribution of the Respondents: If Given a Chance, Would 175

They be Ready to Get Education?

5.14 Distribution of the Respondents: If They Started Getting 175

Education, Would They Leave This Work?

5.15 Distribution of the Respondents Whether Their Fathers 175

Were Literate.
 xi
5.16 Distribution of the Respondents: Fathers’ Level of 176
Education.

5.17 Distribution of the Respondents According to Level of 176

Education of Their Mothers.

5.18 Distribution of the Respondents on the Basis of Answers of 177

the Following Questions.

5.19 Distribution of the Respondents: For What Purpose 179

Government Officials Approach Them?

5.20 Distribution of Respondents: For What Purpose People 179

From NGOs Approach Them?

5.21 Distribution of the Respondents: What Type of Houses 180

They Live In?

5.22 Distribution of Respondents: Whether Their Fathers Bear 180

Expenditure of the Families.

5.23 Distribution of the Respondents on the Basis of Their 181

Fathers’ Approximate Monthly Income.

5.24 Distribution of Respondents: To Whom They Give Their 183

Earnings?

5.25 Distribution of Respondents: How Much Approximate 184

Portion of Their Earning Was Being Spent on Them?

5.26 Distribution of Respondents: Are They Satisfied With Their 184

Work?

5.27 Division of Respondents: Did They Want to Leave This 185

Work?

5.28 Distribution of the Respondents: Did They Work Under 186

Shade?

5.29 Distribution of the Respondents: How Frequently They Got 187

Time For Play?

5.30 Distribution of the Respondents: The Kind of Injuries They 188

Suffered.

5.31 Distribution of Respondents: How Many Injuries They 188

suffer in a Week?

5.32 Distribution of Respondents: Do They Undertake Their 189

Work on Some Kind of Vehicle or on Foot?
 xii
5.33 Distribution of Respondents: Load They Usually Carry. 190

5.34 Distribution of Respondents on the Basis of Their 190

Household Wealth:

5.35 Distribution of Respondents: Are They Living With? 190

5.36 Distribution of Respondents: Where Do They Bathe? 191

5.37 Distribution of Respondents: How Frequently They 192

Changed Their Clothes?

5.38 Distribution of the Respondents: How Frequently They 193

Took Milk?

5.39 Distribution of the Respondents: Do They Suffer From? 193

5.40 Distribution of the Respondents on the Basis of Marks on 194

Their Bodies and Body Cleanliness:

5.41 Distribution of the Respondents on the Basis of Their 195

Appearance:

5.42 Variable numbers for the questions of interview schedule / 200

instrument

5.43 List of Variables Obtained by Using Chi-Square 203

Multivariable Distribution Test.

5.44 Groups of Variables Obtained by Applying Principal 205

Component of Factor Analysis.

5.45 Groups of Variables Obtained Applying Rotated 206

Component Matrix (Varimax Method)

5.46 Rotated Component Matrix (a) 208

 xiii
List of Figures

Figure No. Title Page No.

3.1 Literacy Rate of Maldives, Sri Lanka, India and Pakistan. 88

3.2 Diagram: State of Pakistani Children 90

3.3 World Wide Division of Child Labour 104

3.4 Province Wide Distribution of Child Labour in Pakistan 105

5.1 Distribution of the Respondents as Per Their Age in Terms 165

of Years.

5.2 Distribution of the Respondents: The Age at Which They 168

Started Scavenging?

5.3 Distribution of the Respondents According to Family Size. 173

5.4 Distribution of Respondents on the Basis of Their 182

Approximate Monthly Income.

5.5 Distribution of Respondents: Their Families Depend on 183

Income of Respondents.

5.6 Distribution of Respondents: How Many Hours They 185

Worked in a Day?

5.7 Distribution of the respondents: Did they get injuries during 187
their work?

5.8 Distribution of Respondents: Were They Working in the 189

Profession as:

5.9 Distribution of Respondents: How Frequently They Bathe? 191

5.10 Distribution of Respondents: How Frequently They Eat 192

Meat?
 xiv
List of Maps

Map Title Page No.

1 Map of Lahore 30
2 Map of Afghanistan and Pakistan 31
 xv

ABBREVIATIONS

ACS Additional Chief Secretary

AD Anno Domini (in the year of the Christian era)
BC Before Christ
CDGL City District Government Lahore
CEAFDAW Convention on the Elimination of All Forms of Discriminations
Against Women
CIA Central Intelligence Agency
CRC Convention on the Rights of the Child
DCO District Coordination Officer
DDCO Deputy District Coordination Officer
ECA Employment of Children Act
EFA Education for All
FATA Federally Administered Tribal Areas
FBS Federal Bureau of Statistics
FGD Focus Group Discussion
GNP Gross National Products
GSP General System of Preferences
GTP Generalized Tariff Preferences
IC International Community
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
ILO International Labour Organization
IPEC In Focus Programme on the Elimination of Child Labour
LON League of Nations
MOU Memorandum of Understanding
NA Not Applicable
NADRA National Database Registration Authority
NATO North Atlantic Treaty Organization
NCRCL National Centers for Rehabilitation of Child Labour
NCRLC National Center to Rehabilitate Labouring Children
NGO Non Government Organization
 xvi
NWFP North West Frontier Province (Khyber Pakhtunkhwa)
PAK Pakistan
PESTC Project to Eradicate Scavenging Through Children
PBDA Percentage Data Basis Analysis
PBUH Peace Be Upon Him
SAARC South Asian Association for Regional Cooperation
SCREAM Supporting Children’s Rights through Education, Arts and Media
SPARC Society for the Protection of the Rights of the Child
SPSS Statistical Package for the Social Sciences
TBP Time-Bond Programme
TF Task Force
UN United Nations
UNCHR United Nations Commission of Human Rights
UNCRC United Nations Convention on the Rights of the Child
UNDHR Universal Declaration of Human Rights
UNESCO United Nations Educational, Scientific and Cultural Organization
UNICEF United Nations International Children's Emergency Fund
US United States of America
USA United States of America
WHO World Health Organization
WTO World Trade Organization
WW 1 World War 1
WW 2 World War 2
 Chapter 1

Introduction
 2

1.1 Introduction
Child labour is a pervasive problem which exists in most countries of the world.
Though its intensity varies from country to country, yet the magnitude and effects of child
labour are quite alarming, particularly in the Third World countries of Asia, Africa and
Latin America. The gravest aspect of this problem is that the children, who are involved in
this practice, are ignorant of its consequences and damage. Their parents and guardians
have compelled them into labour. Consequently, they miss their basic needs like
education, play and vocational training. In this practice, they are generally underpaid,
underfed and overworked. In addition to being innocent, weak and vulnerable, they have
no idea of their rights. They are one of the most unheard and marginalized segments of the
society, because they are dependent on elders for food, clothing, shelter, education and
care.
It is generally understood that the phenomenon of child labour only exists in poor
countries, and the rich countries are free from it. In fact, it is a misperception because child
labour also exists in rich and developed countries. It is not only an outcome of poverty, but
also of other social, cultural, behavioural and political factors. In child labour, children are
compelled into labour to earn for themselves or for their families, and do not have a
normal childhood, education or vocational training. Scavenging through children is one of
the kinds of child labour which is placed among the most hazardous ones. Due to labour,
these children remain disadvantaged educationally, socially, psychologically and
financially. These children are underpaid and exploited by their employers. There is a
remote chance that they will become useful and productive individuals, and a higher
probability that they will eventually turn into parasites for the society. The population ratio
of these children is quite high in Pakistan when compared to most countries. Child labour
is considered to be an impediment for sustainable growth of the country.
Although, there are so many ways which cause suffering of children yet child
labour is the most alarming one and is largely practiced. Keeping in view the population of
children compelled into labour in Pakistan, it can be safely said that a sizeable number of
children are going waste as far as their potential is concerned, and they are not being
nourished properly. So, it is high time that the government and the society play their
required roles in giving attention to this problem of child labour. They have to find ways
and means to check and alleviate this exploitation of children, and take appropriate
measures to make them useful citizens. But it is astonishing that at the dawn of the 21st
 3
century, most of the Third World countries are not playing their required role in this
regard. These countries are not providing proper care, education and up-bringing to their
children. Millions of children in these countries are neglected, exploited, mistreated and
abused due to the practice of child labour. As a result, the rights of these children are being
overlooked and violated. There is no second opinion that children are the asset of a
country, and future human resource development depends largely on the conscious and
appropriate up-bringing of children. It is a fact that the better a nation nourish its children,
the brighter the future it will have. The old proverb ‘as you sow, so shall you reap’ looks
quite relevant in this regard. The investment on them will not go to waste and will be
beneficial not only for the children, but for their families and society as well.

1.1.1 Statement of the Problem

The problem of child labour is related to a large population, particularly in the
Third World countries. A report titled, ‘The end of Child Labour: Within reach’ of the
International Labour Conference-2006, published by the International Labour
Organization (ILO) describes:
the number of child labourers globally fell by 11 percent
over the last four years. It is particularly significant that the
decrease is occurring most sharply in the area of hazardous
work by children: the most harmful the work and the more
vulnerable the children involved, the faster the drop. 1

But Pakistan is an exception. It is one of the most affected countries of the world as far as
child labour is concerned. Although child labour is increasing in most sectors, the informal
sector of urban areas is showing high growth-rate in Pakistan. It is pertinent to mention
here that the informal sector consists of small establishments, self-employed workers,
house servants and domestic jobs. These make-shift establishments are made without any
official permission and documentation. Neither do they have any record of their
employees, nor do they observe rules and regulations of employment. Children working in
small factories, workshops, restaurants, houses, railway and bus stations, etc., are counted
in the informal sector. The excessive availability of child-labourers in markets generates
an intense competition that results in their earning low wages and financial exploitation.
Although, the government and a few NGOs have made some efforts to address child
labour, the efforts remain confined to the formal sector. On the other hand, the informal
sector of urban areas has never been taken seriously, either by the government or by
 4
NGOs. This is one of the reasons that the growth of child labour is considerably high in
this sector as compared to the formal sector in Pakistan.
Child scavengers of urban areas of Lahore, has been taken as a case for study in the
present research. This profession also belongs to the informal sector of child labour. In this
practice, children sort out and scavenge different items like metal, used polythene bags,
bones, plastic material, wood-material, paper, used shoes, used clothes, edibles and
hospital waste from garbage containers, debris and garbage dumping sites in the city. They
sell the collected material to make money. In this practice, the exposure of child
scavengers to unhygienic environment, and extreme weather conditions is dangerous for
their health. There is a high probability that they will fall prey to various diseases. Because
of the abysmal nature of his labour, unclean appearance and shabby clothes, a child
scavenger received unwelcoming treatment from common people. This damages his
personality, self esteem and confidence. In the recent past, the growth of scavenging has
increased manifold, particularly in big cities of Pakistan. An alarming aspect of this
profession is that children have out-numbered the adults. The prolonged neglect of the
government has transformed this practice of scavenging into a persistent problem.
The study has identified that in this profession, the basic human rights of child
scavengers like right of life, right of dignity, right of education, right of health care, right
of family environment, right of proper care, right of proper rest, right of liberty, right of
proper childhood and right of play, are being violated. The government has paid no heed
to the scavenging profession, though it has already been declared by the ILO as one of the
most hazardous professions. One can assess the non-seriousness of the government about
child scavengers from the fact that they are yet to be included in the category of child
labour in the country. Apart from conditions, family and professional environment of child
scavengers, their problems and the treatment they are meted, are documented in this
survey. Moreover, their age, earnings, education, eating habits, play-timings, sleeping
hours, family income, working hours, injuries and diseases are also documented. It has
also been found that a major part of their earnings is not spent on them. Scavenging is not
only undermining health and future prospects of these children, but is also instrumental in
making them unproductive citizens of the country. The child scavenger labours in difficult
conditions at a tender age but does not get the elementary needs of life. The involvement
of children in the profession of scavenging has become a pervasive problem in Pakistan,
and requires a comprehensive effort to control it.
 5

The importance of Human Rights came into focus with the emergence of the
United Nations (UN) after the disastrous Second World War in 1945. The Charter of the
UN emphasized dignity and equality for human beings without any discrimination, to have
peace, security and development in the world. In fact, some forms of discrimination had
already caused huge losses and destruction for mankind. To achieve the defined objectives
of the UN, it was considered imperative to observe the Human Rights of the people. The
Universal Declaration of Human Rights (UNDHR) was a commendable effort on the part
of the UN that gathered a consensus from the member-countries in 1948. It also laid a
platform to build and develop the framework of Human Rights for the benefit of mankind.
After the UNDHR, the UN successfully managed to adopt the ‘International Covenant on
Economic, Social and Cultural Rights’ (ICESCR) and the ‘International Covenant on Civil
and Political Rights’ (ICCPR) in subsequent years in order to make the framework of
human rights clearer, more comprehensive, as well as binding on its member-states.
Keeping in view the deplorable conditions of a large number of children, particularly in
the Third World countries, the UN adopted the ‘Convention on the Rights of the Child’
(CRC) in 1989. It provided international standards of Human Rights for children all over
the world. It emphasized on states to preserve rights of the children without any
discrimination and delay because they were innocent, vulnerable and dependent.
Therefore, they deserved care, education, proper food and an environment without abuses
and exploitation to make them useful and productive citizens.
As far as the case study for research is concerned, the problems, conditions and
effects of scavenging confronted by these young workers will be studied under the
framework of Human Rights of Children. This framework will be extracted from the UN’s
Charter, UNDHR, ICESCR, ICCPR and the CRC. The study will identify the violations of
Human Rights of the children taking place in the scavenging profession. In the light of the
findings of the study, some remedies and measures will be suggested to check, control and
then alleviate this kind of child labour from Lahore, the capital of Punjab, the most
populous province of Pakistan. In this regard, a ‘Model’ will be designed and provided in
order to tackle the problem under study. The Model with necessary modifications can also
be applied to redress and alleviate other kinds of child labour in Pakistan.
 6

1.1.2 Significance of the Study

Scavenging through children has social, cultural, economic and political effects on
the society. Therefore, it should be dealt with a multi-pronged strategy by using social,
economic and political measures simultaneously. In certain cases, it is noted that the
solution sometimes proves worse than the problem itself, as happened in Bangladesh
where children were driven out from garment industries under the international pressure,
and they ended up in more hazardous industries. So, hasty decisions and ill-planned
solutions proved to be counter-productive.
The topic under study deals with child scavengers of urban areas of Lahore. The
study provides an in-depth understanding of causes of this kind of child labour and its
impact on the personality and psychological and physical health of a subjected child. The
study documents problems, conditions, treatment and exploitations faced by the child
scavengers. Thus, the documented findings will be studied in the framework of Human
Rights of the children. This study will also highlight the social, economic and other effects
of scavenging not only on the children but also on the social fibre. It will evaluate
Pakistan’s international commitments and obligations regarding rights of the children.
It is pertinent to mention that this kind of research was not undertaken by any
academician at the doctoral level. The difficult conditions and filthy environment
discouraged the researchers to take up a study of child scavengers. Indeed, it is quite a
time and energy consuming survey that requires a lot of sources and patience to study the
phenomenon. To find the solution of the problem, it is imperative that researcher must
observe the phenomenon and associate with the population under study to find the solution
of the problem.
The study will add to the basic research because it identifies some interwoven
social, cultural, economic and political factors in this phenomenon. Moreover, it discovers
some hidden aspects of this profession which are not known by the social workers,
academicians and government agencies. This study contributes to the applied research
also. It enables the researcher to design and suggest a ‘Model’ to tackle the problem of
scavenging through children. The Model gives preventive, regulating and rehabilitating
measures to control, reduce and then alleviate involvement of children in the profession of
scavenging in Lahore. Furthermore, NGOs and welfare department of the government can
also use and apply the suggested Model to redress other social problems with necessary
alterations.
 7

1.1.3 Objectives of the Study

The following are the objectives of the study:
• To document and evaluate through a survey, the problems, conditions and
violations of Human Rights of child scavengers of Lahore.
• To develop an insight into the child labour in a broad sense.
• To grasp the concept of Human Rights.
• To design a framework of Human Rights of the Children extracted from the UN
Charter, UNDHR, ICESCR, ICCPR and the CRC.
• To suggest a ‘Model’ to improve the conditions of child scavengers at the first
stage and then to alleviate this practice.
1.1.4 Sources
In order to study the problem of child labour within the context of Human Rights
perspective, both primary and secondary sources have been utilised in the research. Child
scavengers of the urban areas of Lahore are taken as a case study to gain an insight into
this particular kind of child labour. Because this is an empirical study, therefore, primary
sources like observation and ‘interview survey module’ have been used to gain first hand
information about the phenomenon.

The secondary sources like books, encyclopaedias, survey reports and journals are
studied to have a grasp of the concepts, philosophy, nature and background of the topic
under study. Furthermore, published and unpublished, private and public documents,
national policy on child labour are gone through too. Laws, memorandums, ratifications,
declarations, covenants and conventions regarding children are also studied. Newspapers,
magazines and pamphlets are read to get the relevant clippings. The internet is used to
study e-books and e-journals, and visit different websites to download the required
material.
1.1.5 Research Design
Every research needs a design, method and conduct to grasp and explain the topic
under study and to verify its reliability and validity.

Method
In order to study the phenomenon of Child Scavengers of Urban Areas of Lahore,
‘Survey Research Method’ is chosen. Primarily, it has been a descriptive research that
explains the phenomenon, its conditions and environment. Earl Babbie writes: “Surveys
 8
are frequently conducted for the purpose of making descriptive assertions about some
2
populations.” Furthermore, keeping in view the findings of the survey, this research
enables to prescribe a viable solution to deal with the problem.
The study has also characteristics of exploratory research as it provides insights
into and comprehension of the issue under study. The study exposes some aspects which
were unknown earlier, particularly about the phenomenon and the population under study.
The study enables to design and suggest a ‘Model’ to be applied not only on the problem
which is under study but also on subsequent social problems.
It is pertinent to mention that there was not only scarcity of secondary source
material on child scavengers but also unavailability of reliable and authentic material.
There was no data/directory available for the population under study. Thus, information
and data are collected through primary sources i.e., ‘Observation’ and ‘Interview
technique’. This makes the work not only original but also innovative. These primary
sources are useful to know the sensitivity and severity of the problems under study.
Conduct of the Research
After consulting with different stakeholders i.e., officials of NGOs of Children
Rights, the Solid Waste Management Unit of City District Government of Lahore
(CDGL), the Labour and Manpower Department, Social Welfare Department of
Government of the Punjab, the researcher had personally approached the target areas and
population under study not only to observe the phenomenon but also to collect information
and data. It constituted the first step to identify critical issues in particular areas where no
base-line information existed. The present survey relied upon the quantitative data
gathering technique. The data was collected in natural conditions and uncontrolled
environment to acquire the reliable information from the respondents. It is pertinent to
mention that it was quite difficult to stay for some hours in the target areas because they
were full of filth and garbage and had stink all around.
Many a time, to explain a question of the interview schedule/instrument, some
supplement explanations were also given to the respondents to make them understand. The
researcher asked the questions in a friendly manner and tried to create a good rapport with
the respondents. Majority of the respondents were not locals and belonged to Khyber
Pakhtunkhwa, the FATA and Afghanistan. They suspected a local Punjabi (the researcher)
who was a stranger to them at their working places. They were not willing to interact.
Therefore, to gain their consent for the interview, sometimes their elders were requested to
help. Occasionally, the researcher gave them some money or eatables in order to create a
 9
rapport with them and minimize suspicion in their minds. Although the interview
instrument was prepared in English, the questions were asked to the respondents in the
languages which they could easily understand. Many of the respondents were not very
good in understanding Urdu, Punjabi or English. Therefore, services of their elder
associates were hired as interpreters during the survey for a better communication.

1.1.6 Data Collection Techniques

The data collection techniques were selected in consultation with the survey
experts and officials of the Labour and Manpower Department, Government of the Punjab,
the CDGL, Statistics Department of GC University Lahore, NGOs of Human Rights and
Social Welfare Organizations. After taking the input of different stakeholders and experts,
the following data collection techniques were selected for the study.

Observation
Apart from interview, the researcher used observation technique to note relevant
aspects of the population under study. The researcher had spent sufficient time for
conducting survey in different areas of Lahore where scavenging practice took place and
visited these places during different times of the year. Apart from their working places,
their residential areas and business points where they sell the scavenged items, were also
visited. These visits provided ample opportunity to the researcher to observe the
phenomenon closely and directly, and to acquire the relevant information.

Survey/Interview Instrument
Scavenging is an ongoing phenomenon which has turned into a business with the
passage of time. To fulfil that purpose, a survey was undertaken that covered the
‘scavenging through children of urban areas of Lahore’. For this empirical study an
interview module was required. Therefore, a survey instrument was designed to gather the
detailed information about the phenomenon. It documented the causes, problems,
environment, abuses and health hazards of the phenomenon. Before finalizing the survey
instrument, a pilot survey was undertaken to know the shortfalls of the interview
instrument. English language was used in the survey/interview instrument. Keeping in
view young age, low literacy-level, language constraints and lack of social exposure of the
respondents a loosely structured survey/interview instrument was designed for gathering
 10
the required information. Most of the questions in the survey/interview instrument were
given categories to facilitate the respondents.
The interview schedule had different sections with multiple questions for the
respondents about their age, education, origin, causes of their joining of scavenging
profession, aims in life, family profession, personal and family earnings, levels of
satisfaction, living conditions, working hours, occupational-health, injuries, harassment,
nature and conditions of the work, role of the government agencies and NGOs, food
intakes, recreational activities, addictions, illnesses, social attitudes, hopes and
professional hazards. All the questions of the survey/interview instrument were pre-coded.
After completion of interviews of 200 respondents, the data was fed in the computer for
various statistical tests.

Population
All the scavengers below 18 years of age from both sexes working in urban areas of
Lahore were considered the ‘population’ of the study. Limited sources and time
constraints did not allow an exact count of the child scavengers, however, observation
revealed that their population in Lahore would be several thousand. It is worth mentioning
that none of the government department had done, so far, any survey or census count of
child scavengers. However, a rough estimate after consultation with different stakeholders
indicated that there were 30,000 to 40,000 children engaged in the scavenging profession
in Lahore.

Sampling Method
As a matter of fact, the population under study is quite large and scattered all over
the city which compelled the researcher to use a non-probability ‘purposive’ or
‘Judgmental’ sampling method. Earl Babbie writes: “Sometimes it’s appropriate to select a
sample on the basis of knowledge of a population and the purpose of study. This type of
3
sampling is called Purposive or Judgmental sampling.” This method was quite useful
because in this way units for the sample were selected on the basis of observation and
knowledge about the population under study and nature and aims of the research. In this
regard, Torchin William M. K. writes: “Purposive sampling can be used in situation where
you need to reach a target sample quickly and where a sampling for proportionality is not
4
primary concern.” In this method, only those units were included and interviewed who
were suitable to applicability of questions in the schedule. Thus, the researcher made
 11
efforts to include those child scavengers who represented different age groups, genders,
categories, ethnic communities, areas, backgrounds and those who used different means to
undertake their work. However, it led to make a sample of 200 child scavengers for the
data collection.

Mapping
In order to identify the areas where children usually undertook scavenging, the
researcher had a thorough visit of Lahore. Several small dumping places were found in
different areas of the city. There were some old dumping places around the periphery of
the Walled-city. Besides the Walled-city Mughalpura, Baghbanpura, Raiwind Road,
Outfall Road, Scheme More, Sabzazar Scheme, Shahdara, Burki, Shera Kot, Rilway
Engine Shed, Bund Road, China Scheme, Amir Road, Guru Mangat, Pakki Thatti, Sandha,
Wassanpura, Miran di Khoei, Dholanwal, General Hospital, Ganda Engine, Sant Nagar
and Krishan Nagar also had small dumping places for garbage. Apart from them there are
metal containers in different areas of Lahore for garbage collection placed by the CDGL.
The child scavengers were mostly found at these small dumping places and area
contenders either in the early hours of the morning or before sunset. The reason behind it
is that during this time containers are usually full of garbage. The presence of child
scavengers was also noticeable around containers of markets and hospitals of the city. The
waste of these sources is quite useful for the child scavengers. The stated places were
marked as potential areas for the survey purposes.
However, Saggian, Mahmud Boti and Bagrian were huge dumping sites found
during the mapping. All day, several trucks of the CDGL kept on unloading the garbage in
these sites that they had brought from different areas of Lahore. These sites were the main
target areas for the survey purpose because from dawn to dusk the researcher found
clusters of the children busy in scavenging. The dumping sites of Saggian and Mahmud
Boti are situated on the periphery of Lahore at the bed of the River Ravi. However,
Bagrian is located at Johar Town and the smallest among the three main dumping sites of
Lahore. Apart from these dumping sites, the child scavengers were also found roaming in
streets and muhallas in pursuit of their required material.
Focus Group Discussion (FGDs)
The researcher arranged some group discussions to extract relevant information
about the topic under study. These groups consisted of four to six different stakeholders.
The first discussion was among Mr. Saeed Ahmad Awan, Mr. Tahir Manzoor, officers of
 12
the Labour and Manpower Department, Government of Punjab, Mr. Nadeem Ahmad the
representative of an NGO of children rights and the researcher. The discussion took place
in the office of Centre for Improvement of Working Condition, at Township, Lahore. The
focus of the discussion was the practice of ‘scavenging through children’. The causes and
environment of scavenging through children were discussed at length. Poverty, unskilled
population, unemployment and flux of Afghan immigrants were identified as major factors
for scavenging in Lahore.
Another discussion was held among Mrs. Baela Raza Jamil, Chairperson, Idara-e-
Taleem-o-Aagahi (ITA) “Centre for Education and Consciousness, Mr. Tahir Manzoor,
Mr. Muhammad Ahmad, an activist of Human Rights, Dr. Farhat Mahmud, the supervisor
and the researcher. The participants were of the opinion that apart from poverty, illiteracy,
large-size families, unawareness of human rights and irresponsible child rights agencies of
government were the major reasons for the unchecked growth of scavenging through
children. They identified hazardous and unhygienic conditions in the profession of
scavenging which were highly dangerous for the health and life of the children. The
prevailing conditions of the child scavengers put a question mark on the commitments of
Pakistan to International Community.
There was another group discussion among Haji Bashir, Ghafoor, Mahmud
Hussain officials of the Solid Waste Management Unit of City District Government
Lahore, Nazir Ahmad the buyer of scavenged items and the researcher. They pointed out
that poverty, unemployment, no skill, Afghan refugees and greed of money among parents
were the main factors for the involvement of children in the scavenging profession. They
pointed out that the Afghan refugees had intensified this practice of scavenging in Lahore.
Earlier, the number of children in the profession was small. Scavenging has become a
family profession of many Afghan refugees, because the majority of their family
members, including children, are involved in it. As a result, the total earning of the family
through children had become quite reasonable. The Afghans were more hard working as
compared to local scavengers therefore they earned more money. The scavengers did not
hesitate to eat edibles found in the garbage. They contacted diseases, suffered accidents
and many lost their lives.
The last discussion was arranged among Mr. Azmat Qayyum Khan, Chief
Executive Lahore Compost, Mahmud Boti, Lahore, Mr. Tahir Manzoor, Mr. Muhammad
Ahmad, Dr. Farhat Mehmud, the supervisor and the researcher. A consensus was reached
in the discussion that only administrative measures could not stop these children from
 13
becoming scavenger. The appropriate way was that these children should be hired by the
administration of compost plant to segregate the material from the garbage. They should
also be encouraged to attend schools established by compost units. Only debarring the
children from scavenging would lead their families to starvation. So, preventive,
regulating and rehabilating measures should be taken simultaneously to weed out this
practice. It was felt that the government should introduce a system of vaccination to
prevent these children from different diseases. It was also identified that three-bags system
to separate garbage from the primary sources should be popularized among the people.
Interviews of Key Informants
Certain individuals were identified who possessed relevant information and
knowledge about the population under study. For this personal interview of the following
were conducted: Mr. Saeed Ahmed Awan, Mr. Tahir Manzoor officers in the Labour and
Manpower Department, Government of the Punjab, Mrs. Baela Raza Jamil, Chairperson,
Idara-e-Taleem-o-Aagahi “Centre for Education and Consciousness”. (an NGO of
Children’s rights), Jail Road, Lahore, Mr. Mudassar Waheed, District Officer Solid Waste
Management, City District Government Lahore, Mr. Haji Bashir, the incharge Saggian
dumping site, (an official Solid Waste Management, CDGL, Lahore), Mr. Nazir Ahmad
the buyer of the scavenged items, Mr. Ajab Gul, the father of a scavenger, Mr.
Muhammad Ahmad, the activist of Human Rights, Mr. Azmat, Qayyum Khan, the Chief
Executive Lahore Compost, Mahmud Boti, Lahore and Dr. Mirza Amjad Majeed, the
child specialist doctor.

Statistical Analysis
After the interviews of 200 respondents the data was entered into the Statistical
Package for the Social Sciences (SPSS), version 14.0. This software was also useful to get
percentage of the collected data and draw tables, figures and graphs to support the
findings. Similarly, on the collected data, Chi square test and Factor Analysis were applied
to get statistical results.

Photographs
Some photographs were taken of various individuals, groups and processes of
scavenging at different localities to reinforce observations and findings. Obviously, there
were certain snapshots which showed the natural moments and happenings in the
 14
phenomenon. Indeed, the photographs had a direct and more intense impact than the words
on the viewers. Some photographs are also placed in this thesis.

1.1.7 Structure of the Thesis

In order to have precision, consistency and clarity the thesis will be divided into
the following seven chapters.
Apart from a brief introduction of the topic under study, Chapter 1 will contain
Statement of the Problem, Objectives of the Study, Significance of the Study, Sources,
Research Design and Structure of the Thesis. The chapter will delineate the problem i.e.,
‘Scavenging though Children’ as well as Demography of Lahore, the target area of the
study.
Chapter 2 will consist of ‘Conceptual Framework’ by incorporating the articles of
Human Rights of the children from the UN Charter, UNDHR, ICCPR, ICESCR and the
CRC. This chapter will present a review of the literature relevant to the topic under study.
It consists of books, journals, magazines, national and international documents and survey
reports of NGOs and government agencies regarding child labour as well as Human
Rights. It will also possess ‘Derivation of the Hypothesis’.
Chapter 3 will present concepts, definitions, history, magnitude, and causes of
child labour. It will highlight efforts and measures of the International Community to
tackle the problem of child labour.
Chapter 4 will throw light on the concepts, evolution and major events about
human rights. It will highlight common standards of Human Rights in the shape of the
UNDHR and other subsequent Covenants and Convention. Apart from different theories
of Human Rights, it will also present children’s rights in child labour perspective.
Chapter 5 will consist of data and findings collected through a survey of the ‘Child
Scavengers of Urban Areas of Lahore’. Their problems, exploitation and conditions of
working will be documented in the chapter. In the schedule survey/instrument, such
questions will be included which obtain personal, family and professional-health
particulars of the child scavengers. Apart from percentage basis data analysis, some other
statistical tests, like the Chi-Square Test and Factor Analysis, will also be applied to the
collected data to determine the significant variables, and their close association with the
problem under study.
Chapter 6 will present ‘Situation Assessment’ of the violations of Human Rights of
the child scavengers in the profession. In the light of the Human Rights of the children
 15
extracted in the Conceptual Framework, the condition of the children in the scavenging
profession will be evaluated and documented.
Apart from conclusion and policy implications, Chapter 7 will also present a
Model. It will consist of measures and remedies to check, control and alleviate scavenging
through children in Lahore. Furthermore, it will also suggest ways and means to
rehabilitate the subject-children and make them useful and productive individuals.

Note: In soft copy a complete list of references appears at the end of the thesis. However,
partial lists of references are also visible after each chapter of the thesis.

1.1.8 Citation Style

For references and bibliography, 6th edition of ‘Turabian Style’ is used in the
thesis.

1.2 Scavenging Through Children in Lahore

Scavenging through children has become a common practice particularly in big

cities of Pakistan. During the last few decades, its magnitude and growth ratio have
∗
increased considerably in Lahore. Baela Raza Jamil describes, “In Pakistan, the bigger

the city, the higher the intensity of scavenging.” 5

In this phenomenon, children labour to sort out and collect different saleable and
recyclable items from garbage for economic gains. They gather things like plastic, metal,
bones, polythene bags, papers, edibles, electronics, wood-pieces, used clothes, used foot
wares, organic material, etc., from debris, heaps and metal containers of garbage in
muhallas, streets, road-sides and dumping sites of the city. They also seek hospital waste,
∗
glass pieces and some other items which can be harmful for them. Haji Bashir informed:
In pursuance of better valued items, they often run after the
moving trucks which bring garbage from the city to the
main dumping sites. But in this hurry, many children get
injured in accidents and some of them loss their lives.
Many of them do not hesitate to eat the eatables they get
from the garbage. During the work, they confront
dangerous insects, reptiles and hazardous conditions which
endanger their health and life. 6
∗
Chairperson Idara-e-Taleem-o-Aagahi (ITA) an NGO, Centre for Education and Consciousness, Jail Road,
Lahore.
∗
Official Solid Waste Management, City District Government Lahore (In charge Saggian dumping site,
Lahore)
 16
This practice is generally undertaken in filthy, unhygienic, deplorable and hazardous
conditions. They do this work to make ends meet, or to supplement the income of their
families. To reach these dumping sites, child scavengers have to cover long distances.
After collecting their required material from the sites, they go to shops for selling it.
According to a careful estimate, they travel on foot between 20 to 25 kilometres every day.
Undertaking scavenging in extreme temperatures is a difficult and hazardous work task, as

the temperature in Lahore can rise-up to 48˚ Celsius in the summer and fall to 4˚ Celsius
in the winter. In monsoon, these sites look like oceans of mire, hence, during this season,
scavenging becomes extremely difficult. However, the child scavengers keep on working
throughout the year in a polluted and stinky environment around them.
According to the survey, ratio of children in this profession is considerably high as
compared to elders. Many of them eat the edibles and expired food they find from the
garbage that can be quite harmful to their health and life. “Their food intake is neither
7
regular nor nutritious” Some of them have mid-day meal free of cost from the Edhi
Centers situated at Allama Iqbal Town and Gulberg to save money. The earning of a
scavenger depends on his/her input, i.e., how much material he/she collects. The more
saleable material one collects, the more one can earn.
During the survey, it was noted that child scavengers have scary feeling and are
reluctant to interact with common people. These child scavengers remain far from their
homes for the whole day and labour in places which not only contain filth and garbage, but
also abound in dangerous insects, reptiles and other animals. “Most child scavengers
smoke and some of them take ‘Samad Bond’.” 8 During the survey smoking was found to
be quite common among these children. Addictions to some drugs, and particularly,
‘Samad Bond’ (adhesive liquid) was also noted. Indeed, these are quite harmful for them.
Moreover, the unhygienic environment in which they work, there is a high probability that
they will fall prey to various diseases and infections as compared to other children. They
work for long hours and carry heavy bags on their shoulders, which also make this
profession hazardous. They do not have schooling and recreational opportunities which
are imperative for young age.
A person in dire need of money to meet his elementary needs rarely undertakes
scavenging because it has been considered a degrading profession. People generally do not
wish to interact or mingle with scavengers, and this attitude has made them a socially
excluded community. This is an important reason why the ratio of local scavengers is very
 17
nominal in this profession. The findings of the survey verify that the overwhelming
majority of child scavengers are composed of migrants, and they belong to rural or
backward areas. As they do not have links to and relationships with the local people, then
enjoy relative freedom from any social constraints to indulge in this profession.
Apart from roaming in muhallas, streets and markets of the city in search of the
required items, child scavengers are seen near the garbage containers of different areas
because these containers operate as primary sources of garbage. Although, at this stage the
quantity of garbage is not much, yet the availability of useful and valuable items is high.
The garbage transported from area-containers to the main dumping sites is comparatively
less important material for them, because it has already been scavenged, and many
saleable and useful items have been taken from it. This is one of the reasons that child
scavengers, who gather material from different garbage containers, earn more as compared
to those who collect from the main dumping sites. In the dumping sites, child scavengers
usually work in groups from dawn to dusk. It was noted during the survey that young
children below 14 years of age did not go excessively to these area-containers for
scavenging. They seemed hesitant and insecure in going to different areas of the city.
Relatively mature child scavengers of above 14 years of age and more were seen more
often at these area-containers.
In addition to the child scavengers who carry synthetic bags on their shoulders and
walk through muhallas, streets and localities in search of waste items, there is a small
number of other child scavengers who use bicycles, carts or donkey-carts for the same
purpose. In fact, they manage to collect better quality items by scavenging from primary
sources of garbage, i.e., containers of muhallas, streets, hospitals and markets. Obviously,
they earn more as compared to those child scavengers who undertake their work on foot.
Apart from garbage containers placed in almost every area, a scavenger also has
access to garbage dumping sites of the city. A child scavenger collects material of his/her
choice as every item has its own demand and price in the market. It is an easy way of
earning for the poor people belonging to both sexes.
The inhabitants of Lahore usually emit their waste material and garbage outside
their houses and business places. Some of them put their garbage in dust-bins or polythene
bags and put it in the corners or sides of streets. Markets of fruit, vegetable, paper, glass,
electronics, timber, cloths, auto-repairing, meat and poultry are also important sources of
waste material. The workers of the City District Government of Lahore (CDGL), after
sweeping the streets, muhallas and markets, take the garbage and waste material and put it
 18
in metal containers of the area. “They use cauldrons, wheelbarrows, carts or donkey-carts
for this purpose. The CDGL has placed about 800 garbage containers in different areas of
Lahore.” 9
Most families of child scavengers live in temporary or make-shift huts in Lahore.
A hut has only one room for all members of the family. The basic necessities like
electricity, tap water, gas and sanitation are mostly not available in these huts. Every
family erects its own hut in slums or open places where sewerage systems also not exist.
Generally, male members bathe outside the house in public taps, the river or canals.
However, female-members of the family, manage to bathe in the huts. In case a family has
any animal and pet, it also stays around their huts. “Most families living in a particular
10
slum are relatives or belong to the same clan, or have the same origin.” Perhaps living
with there community gives them a feeling of privacy and security because they share a
common language, culture and profession.
Findings of the survey reveal that a large number of scavengers are Afghan
refugees who prefer to stay here in these living and working conditions to living in
refugees camps. It can be inferred that they have more compared with these refugee
camps, independence and better economic opportunities here. In camps, they have a
confined life with limited activities and no opportunities to generate their income. In this
profession, they can earn as much as the labour they put in. At same time, by involving
other members of their family in the scavenging profession they can enhance their income.
Some of the child scavengers of Afghan families also live in rented rooms instead of living
*
in huts. Nazir Ahmed a buyer of scavenged items says:
Many child scavengers are dwelling in Lahore without their
parents. Either they are separated from their parents during
their long stay in Pakistan, or their parents are no more alive.
They usually take a room on rent in down town or different
backward localities. From 10 to 15 persons stay in that one-
room accommodation just to minimize their shares of the
rent. 11

Apart from slums, these scavengers have been staying in areas of Lahore like Band
Road, Shahdara, Mahmud Boti, Pathan Colony, Dubanpura, Dholanwal, Kharak Nala,
Johar Town, Saggian, Bilal Gunj, Railway Line Shed, Singh Pura, Hunjarwal, Gulshan-e-
Ravi and Industrial Area Ravi Road. During the survey it was noted that the living

*
Buyer of the scavenged items at Saggian, Band Road, Lahore.
 19
conditions of the scavengers place them in the category of poor people. The live in are
quite filthy and unhygienic conditions hazardous to health
Lahore can be divided into three categories as far as the value of material is
concerned. In fact, the garbage of posh areas like Defence, Gulberg, Garden Town, Faisal
Town, Model Town, the Cantonment and some new housing societies is more useful and
valuable as compared to the garbage of downtown. People living in the posh areas
obviously belong to the prosperous class. They discard and emit half-used items which can
promptly be sold at a good price in markets. Therefore, business of these posh areas of the
city is monopolized by the mature scavengers. The areas where different markets are
situated are also controlled by certain groups of mature scavengers. These groups mostly
do not let others collect garbage from the areas under their control. In this regard, some
fights took place among different groups of scavengers to establish control over the
garbage of those particular areas. On certain occasions, the police had to intervene and
register cases against among these groups of scavengers. The bone of contention is usually
the area having valuable garbage in which rival groups were interested. This is one of the
reasons that child scavengers below 14 years usually avoid these areas and work at main
dumping sites.
For scavengers, the garbage of down-town and the Old City has less value and
attraction as compared to the garbage of the posh areas. People living in these areas belong
to the middle or the lower-middle class and have limited sources of income. Thus they are
careful in discarding things. The third category areas in Lahore as far garbage is
concerned, consists of backward areas like Dholanwal, Ganda Engine, Amir Road, Misri
Shah, Farooq Gunj, Dhobanpura, Shera Kot, Scheme More etc., where generally low
income people live. Therefore, scavengers have little interest in the garbage of these areas.
∗
Mudasar Waheed states:
Saggian, Mahmud Boti and Bagrian are the main dumping
sites and recipients of garbage of nine towns of the City.
The garbage which reaches these sites is regarded
as‘secondary stage garbage’. The garbage of Data Gunj
Bakhsh Town, Ravi Town, Gulberg Town and Samanabad
Town is usually dumped at Saggian, which is the biggest
among three sites. Similarly, garbage of Shalamar Town,
Wahga Town and partly of Ravi Town is being dropped at
Mahmud Boti site. However, garbage of Aziz Bhatti Town,

∗
District Officer, Solid Waste Management, City District Government Lahore.
 20
Nishtar Town and Allama Iqbal Town is unloaded at
Bagrian, the smallest among the three main sites. 12

In fact, the highest number of child scavengers is found at ‘Saggian’ and ‘Mahmud
Boti’, the main dumping sites situated in the North-West of Lahore at the bed of the Ravi.
However, ‘Bagrian’ is situated in Johar Town. These dumping sites have been deliberately
established by the CDGL far from the congested areas of the city because of constant stink
and unhygienic conditions. If the dumping sites would be made distant from the city, it
would certainly enhance the transportation cost of the CDGL. The main dumping sites are
open to all scavengers and nobody has any control or monopoly over them. The main
reason of this ‘openness’ is that these sites are very large and contain huge quantities of
waste material. “In one day, about 1200 shuttles are undertaken by trucks of the CDGL
and they bring nearly 4000 tons of garbage from the city to these sites.” 13
It was noted during the survey that the mature scavengers have a monopoly in
containers of markets and muhallas because they possess primary stage garbage, which
obviously is more valuable for selling purposes. Similarly, a substantial number of females
is also involved in the scavenging profession. Their presence at main dumping sites is
∗
more noticeable. Majority of them are young Pushtoon girls, but they were not willing to

give interviews particularly to a male. “It is a tradition in Pushtoon culture that females
14
mostly do not talk to a male stranger.” During the survey it was also found that they
were not even ready to talk to a female stranger for the purpose of interview.
The scavengers labouring in the main dumping sites can be segregated into three
major segments. The smallest among them is of the old women of aged around 50 years-
age and most of them are mothers. Usually, every woman works in her individual capacity
and is rarely seen working in a group. The second segment is of young girls below or
around 12 years of age. They generally undertake their work in shape of groups. However,
the third group consists of boys mostly below or around 14 years of age which is also the
biggest in number among other segments. However, a sizeable portion of them has not
even crossed 10 years of age. They mostly work in clusters and collectively move around
collectively. Nazir Ahmed says, “the overwhelming majority of these children were born
in Pakistan after the migration of their parents from Afghanistan”. 15
Nevertheless, it shows the long stay of these refugees in Pakistan. Many of these
kids work under the supervision of one of their family or clan elders. It is worth

∗
The origin of this race is FATA, Khyber Pakhtunkhwa and Afghanistan and their mother tongue is Pushto.
 21
mentioning that middle aged males or fathers of the families are very rarely seen working
in the main dumping sites. It can be inferred that either they do not work or work some
where else. Haji Bashir describes:
Most of the child scavengers belong to Pushto speaking
families. By and large, fathers of these children have more
than one wife. In their culture, polygamy is quite common.
Hence, they produce more children and have large families.
Mostly, fathers of such families do not work themselves
and send their children to undertake scavenging to make
money. 16

The majority of the families of child scavengers migrated from Afghanistan due to
war and insecurity. Afghan refugees came from war-torn areas like Jalalabad, Kondoz,
Baghlan and Kabul, which are not very far from Pak-Afghan border. In fact, they have
been coming to Pakistan since the Afghan war began in 1979. Perhaps they feel secure
while living with their community and because they share a common culture and customs.
Pushto-speaking people are more hard-working than locals
and take the scavenging profession more seriously. Thus
they earn more money than local scavengers. Some of them
also live in brick-houses and do not have basic amenities
like radio, TV and sewerage. However, local scavengers
generally undertake scavenging just to earn enough money
to buy food and drugs. A large number of local scavengers
are drug addicts. In dire need of money, they do not even
hesitate to beg. On the other hand, Pushto-speaking
scavengers do not like begging. They believe that
scavenging requires hard work for earning no matter how
abysmal a nature it has. They under-take it as a full time
job and do it with dedication and commitment. So, some of
families in scavenging profession have a reasonable
income. 17

Though the causes and pattern of their migration are quite common, yet they
followed different routes to reach Lahore. When migrants of Afghanistan crossed to
Pakistan, in the initial stage, many of them stayed in refugees camps situated at Jalozai (35
KM South West of Pashawer), North Waziristan, Mardan, etc. But by the end of 2005, a
number of refugees camps had been closed by the UNHRC. “At the start of this year,
(2005) there were nearly 150 refugees’ camps in Pakistan with some 1.1 million residents,
just over 3 million Afghans lived in Pakistan, including camps.” 18
This figure shows that a large number of Afghan refugees had never stayed at
camps and came directly to the cities of Pakistan. Many of them are making money by
undertaking different means of business, including scavenging, so they prefer to stay in
 22
Pakistan to going back to their motherland, where peace and security is still a lingering
∗
question. Ajab Gul says:

We came to Pakistan 12 years ago. We stayed for about

two years in a refugee camp situated in Jalozai. Then we
went to Peshawar, but could not get good opportunity of
earning. Then, via Rawalpindi, we came to Lahore. Now,
we live in a slum near Bund Road, Lahore with our
community. 19

After staying for sometime in refugee camps, a number of Afghans sneaked out
and came to the cities of Khyber Pakhtunkhwa [formally known as North West Frontier
Province (NWFP)]. Mansehra, Abottabad, Dera Ismail Khan, Mardan, Noshera, Swat and
Pashawer are major recipient cities of these refugees. Due to a large number of migrants
and weak economic conditions of these cities many of them are compelled to find some
other places for economic activities purposes. Rawalpindi, the adjoining city of the capital,
Islamabad is very often the next spot for their stay. Those who cannot be accommodated
there move to other big cities of Punjab, the most populous and prosper province of
Pakistan. In fact, the presence of these Afghan migrants is quite noticeable in all major
cities of Punjab. However, Jhelum, Gujrat, Gujranwala and Wasirabad suited on the Grand
Trunk Road (GT Road), linking Rawalpindi and Lahore, are considered major recipient
cities of these refugees. Lahore, the second biggest city of Pakistan and having better
economic prospects, always keeps attracting them. Its large population emits huge
quantities of garbage, which is a basic source for scavenging profession. Afghan refugees
usually undertake a route via Peshawar to Rawalpindi, and then dwell in Lahore. Many
Afghan refugees also dwell in Karachi, the biggest city of Pakistan. However, most of the
Afghan refugees dwelled in Karachi had come via Quetta, the capital of Balochistan
province. They came from adjoining areas of Afghanistan like Kandar, Spin Boldak and
Qalat. Usually they entered from Chaman border, and via Quetta they reached Karachi.
Apart from Afghan refugees, a sizable number of scavengers is of Pakistanis who
have come from the Federally Administered Tribal Areas (FATA) and Khyber
Pakhtunkhwa of Pakistan. By and large, they are affectees of the Afghanistan War. In
search of security, they had left their native areas. This War has now spread to some
Pakistani areas, particularly the FATA. The military operation of Pakistani forces and US
drone attacks against extremist militants in the FATA have damaged its already meagre

∗
Father of a child scavenger dwelling in Lahore
 23
economy. Most of these scavengers have settled in the cities in search of jobs and
economic activities. The migrants of Afghanistan and the FATA, who are dwelling in
Lahore, share some common features. Most of them are Pushto-speaking and share a
common culture and traditions. It is a fact that both types of migrants predominantly have
rural backgrounds, and do not have any skill useful in city-life. Consequently, many of
them are unable to get good jobs in cities and are compelled to undertake some self-
employed economic activities.
∗
Tahir Manzoor explains:

In this profession, one does not need any particular skill,

financial sources or permission from any government
agency to begin with. A child scavenger only needs a big
bag, preferably made of synthetic material, to keep the
collected material. 20

Scavenging is one of those professions which do not require any skill or sources to
start with. Therefore, a large number of them undertook scavenging as an economic
activity in the cities of Pakistan. A new-comer could begin scavenging from the very first
day of his arrival in Lahore. “Besides, being big source of garbage emission, Lahore also
has numerous small recycling industrial units that have made it a hub of scavenging
business.” 21 These units consume different scavenged items as their raw material, and can
be established with moderate investments. Therefore, mushroom growth of these small
units has taken place in Lahore. The scavengers collect raw material for these units from
the garbage and thus become primary part of the working of these units. The recycling of
polyethylene bags, rubber-soles, plastic material, paper, glass-items, metal items, bones
hospital waste and thermopole, are potential industrial units established in Lahore.
Though the scavenging business is monopolized by the Pustoons immigrants but
recycling units are generally owned and operated by the natives. They are only interested
to get the required raw material on cheaper rates, no matter from where and how it comes.
Therefore, they encourage scavengers to carry on this work which fulfils the needs of their
units. Most of these units are installed at the surroundings of main dumping sites of
Lahore to facilitate the suppliers of raw material. During the mapping, concentration of
these units is found near Saggian dumping site. They have also been operating at Ravi
Road, Bilal Gunj, Shera Kot, Yateem Khana, Shah Noor, the Walled City, Wasinpura,
Meran di khoi, Baghbanpur, Band Road and Sabzazar Scheme.

∗
Deputy Director Labour and Manpower Department, Government of the Punjab
 24
There are various wholesale shops in the vicinities of main dumping sites to buy
the scavenged material. Some clusters of such shops also exist in different areas of Lahore.
The wholesalers supply the material to the small units for recycling. However, some
merchants also erect temporary shops at the main dumping to buy the material form child
scavengers. To get instant price of the scavenged material, some of the child scavengers
sell it to those merchants present at the spot. Obviously, they get less price of their
material compared to market rates. By and large, these merchants work for the
wholesalers. However, some of them supply the material directly to the recycling units.
These recycling units are also source of consumption of skilled and semi-skilled
workers, who have usually come from rural areas. Rapid growth of small recycling
industries and the flux of immigrants are also instrumentals in the expansion of the City.
As hub of economic activities, Lahore remains an attraction for people of small cities and
rural areas. Moreover, it is comparatively, a peaceful city having a culture of assimilation.
These are additional attractions for the migrants. It goes without saying that since the
Afghan War began, the flow of migrants to Lahore has increased considerably. This War
has not only affected Afghanistan, but also the Northern Areas of Pakistan, adjoining
Afghanistan.
Rapid expansion of the city, industrialization and flux of Afghan migrants are
major causes of increase of scavenging profession in Lahore. At the same time,
unemployment, absence of social protection and growth of small manufacturing and
recycling industrial units in the city has also stimulated this phenomenon. It is a fact that
the glamorous life-style, economic opportunities and facilities of big cities always attract
people from backward areas. These attractions fascinate and instigate them to march
towards cities to earn money, and to improve the quality their lives. Most of these
migrants are illiterate and unskilled, and do not have any social references to get jobs in
cities. Therefore, a large number of these migrants remain unsuccessful in getting jobs.
This creates a gap between jobs and job-seekers. Eventually, they are confronted with a
situation where either they beg, or involve themselves in some illegal or immoral
activities. Some sections of these immigrants opt scavenging as a means of their
livelihood. As, they do not have means for the schooling of their children, they send them
to this profession for earning whatever little they can. They adopt this profession at the
behest of their parents or guardians to feed other members of their families. It was noted
during the interviews that these children do not have high hopes. The likely future of most
of the child scavengers is that they would become suppliers or retailers of the scavenged
 25
items. Mostly, they would remain part and parcel of the scavenging profession and can
break this cycle very rarely. It is unlikely that they would become useful and productive
citizens for the country. It is therefore, expected that their next generation would also be
part of this profession.

1.3 Demography of Lahore

Lahore has been selected as the target area for the survey of the Case Study. It
seems appropriate to develop an understanding about the city. For this, a brief demography
of the city is included prior to explaining the findings of the data collected through the
survey.
Lahore is the second largest city of the Islamic Republic of Pakistan. As far as
° °
geographic location is concern, “Pakistan is located between 23 – 42' and 36 – 55' north
° °
latitudes and 60 – 45' and 75 – 20' east longitudes.” 22
Pakistan is situated at a unique
position among greatly contrasting and exotic lands, sea and mountain ranges. The
Arabian Sea kisses the south of Pakistan, while to the north and east beyond the
Himalayas. To the west the rugged steppes and plateaus of Iran and Afghanistan, and to
the north-east, is the disputed state of Jammu and Kashmir. India stretches down along its
eastern border.
The total area of Pakistan is 796,096 square kilometres. It comprises four
provinces, namely Khyber Pakhtunkhwa, the Punjab, Sindh and Balochistan, as well as
Islamabad’s Capital Territory and Federally Administered Tribal Areas (FATA). In the
north-central part of Pakistan lies the ancient fertile plain of the Punjab – a land irresistibly
attractive to foreign conquerors from times immemorial.
° °
The province is located between 27 – 40' to 34 – 01' north
° °
latitudes and 69 – 20' to 75 – 20' east longitudes … It is
bound in the north by the NWFP and Federal Capital
Islamabad, on the north-east by Azad Jammu and Kashmir,
on the east and south by India on the south-west by Sindh
and on the west by Balochistan, FATA and NWFP …
Punjab is the most thickly populated province with 56
percent share in the total population of the country,
however, area –wise it ranks second after Balochistan,
having an area of 205,344 square kilometers which
constitutes about 26 per cent of the total area of Pakistan …
The province consists of 8 administrative divisions and 34
districts. 23
 26
The Punjab gets its name from its geographic feature of the five rivers (literally, the
Persian Punj-Aab) which are, in the real sense, life–giving, sustainers of the province.
The Indus valley civilization flourished in the Indus plain
between 2500 B.C. to 1500 B.C. It was amongst the most
advanced cultures of the ancient era as revealed from the
cultural relics discerned through the ruins of Moenjodoro-
Sindh, Harappa and Taxila in Punjab and several other sites
in Cholistan desert and elsewhere. Punjab had remained a
centre of great ancient civilizations of which the earliest
flourished between 5000 to 1300 B.C. near the bank of
Ravi at Harappa, thus known as Harappan civilization. 24

The Provincial population was 73,621,290 as enumerated

in March 1998… About 70 percent of its population lives
in rural areas and depends on agricultural…It has a
population growth rate of 2.6 percent and a population
density of 359 persons per square kilometres. 25

It has 31.3 per cent urban population … Punjab is

predominantly a Muslim society where as 97.2 per cent
were registered as Muslim in 1998… Punjabi language has
been spoken by 75.2 per cent of it population, however,
Siraiki, Urdu, Pushto and Hinko language are also spoken
in the province. 26

Lahore is the capital of the Punjab. It is a historic city, and the administrative
headquarters of a Division and District of the same name. The city, which has an elevation
of 702 feet above the sea level, is situated on the left bank of the River Ravi which is the
smallest of the five rivers of the Punjab. Lahore is the most thickly populated district,
having 3,566 persons per square kilometer followed by 939 persons in Gujranwala. The
Lahore district has an area of 1772 square kilometers and a population of 6,318,745, the
highest amongst other districts of Punjab province. However, 82.4 per cent of its
population lives in urban areas. It also has the highest population growth rate i.e., 3.8 per
cent in the Punjab. It is expected that by 2008, Lahore will have a population of people
more than 10 million. 27
Lahore district is bordered in the west and north by Sheikhupura district, in the
south by Kasur district and in the east by India. This ancient city has many faces: the
imperial city, the international market place and the city of scholars, poets and saints.
Though, it has developed into a modern city, the architectural facet of the walled city
remains generally intact. It is overwhelmingly a Muslim majority city having 96 per cent
Muslim population, but it also has religious minorities like Christians, Ahmadies, Hindus
 27
and Sikhs, who have their religious worship places in the city. Most of the people in
Lahore speak the Punjabi language, however, Urdu, Pushto, Siraiki and English are also
spoken by pockets of small population.
The climate of Lahore is extreme with marked temperature fluctuations, both
seasonal and diurnal. The winter season starts in November and lasts till the end of March.
January is usually the coldest month of the season and temperature ranges from 18 degrees
Celsius to 4 degrees Celsius. However, sometimes, it goes down to below freezing point.
The summer season starts in April and lasts till October. June is the hottest month of the
season and temperatures can rise to 48 degree Celsius. “The average annual rainfall is
about 839 millimetres in Lahore.” 28
Lahore has grown into a metropolitan city and become the industrial and business
center of the province and the northern part of the country. Headquarters of many
multinationals, banks and big companies are situated in Lahore which has made it an
attractive place for people of other areas. It is also the educational, political and cultural
center of the country and it possesses a great heritage. Sports activities and show business
are also important features of Lahore. The local Government Ordinance 2001 provided for
the establishment of a City District Government to respond to the specific needs of the
mega city and large urban districts. Thus, Lahore has been divided into the following nine
towns, Data Gunj Bakhsh Town, Ravi Town, Shalamar Town, Aziz Bhatti Town, Wagha
Town, Gulberg Town, Samanabad Town, Iqbal Town, and Nishtar Town.
The city has some unique Mughal monuments like the Shalimar Gardens,
Mausoleums of Jahangir and Noor Jehan, Kamran’s Bara Dari, Badshahi Mosque, Lahore
Fort and Chouburji. The old walled city and its thirteen gates reflect its classic architecture
which is a great source of attraction for foreign tourists. Lahories are known for being
accommodating and ‘large hearted people’. So people of other areas do not have any
hesitation to dwell in this culturally rich city. Pran Nevile writes in ‘Lahore: A Sentimental
Journey’: “Lahore was founded, according to popular tradition, by Lava or Loh, one of the
twin sons of Lord Rama, king of Ayodhya (Oudh), the epic hero of the Ramayana” 29

Western historians, on the other hand, believe the

personages in the Ramayana to have existed between the 6th
and 16th century B.C. obviously, it appears that Lahore is
one of the oldest cities of the world ... The first historical
reference to the city is founded in the journals of the
Chinese pilgrim Hiven Tsang written in AD 630. At the
 28
time of the first Muslim invasion in the late 7th century,
Lahore was in the possession of a Chauhan prince
belonging to a family of Ajmer. 30

He gives further historic reference:

The greatest of the Mughals Akbar, who made Lahore his
headquarters from 1584-1598 during which period he
extended his empire to Kashmir, and elevated the city from
a provincial centre to a capital city of the Mughal empire.
Thereafter, together with Agra and Delhi, Lahore was an
alternative seat of the imperial court. 31

Navile gives credit to the Britishers for making it the center of so many activities during
their rule in India:

By the turn of the 18th century, the British Raj had brought
in its wake an era of unprecedented peace and prosperity.
Lahore witnessed great progress in every field— material,
social and cultural. The first ever Punjab exhibition was
held in Lahore in 1864. 32

Lahore has been the capital of the Punjab for nearly a

thousand years. First from 1021 to 1186 under Ghaznavi
Dynasty, then under Muhammad of Ghor and then under
the various sultans of Delhi. It reached its full glory under
Mughal rule from 1526 to 1752. Sikhs remained in power
here during 18th and 19th centuries. British took over in
1847 and continued [sic.] Lahore to be a capital of the
Punjab till independence in 1947. 33

Nevile places Lahore among the few important cities of the world:

Few cities in the Indian subcontinent can be said to have a

more chequered history than that of Lahore’s, a city ruled
by Hindu Kings, Mughal Emperors, Sikh monarchs and
British sovereigns. There was something strikingly unusual
about this golden land of dreams and legends… Scholars
historians and travelers passing through the city were
enchanted by its majesty and grandeur. In the heyday of its
glory as the imperial capital of the Mughals, a proverbial
saying often heard was that “Isfahan and Shiraz together
would not equal even half of Lahore.” 34
Milton, an eminent English poet, has depicted Lahore among the famous cities seen by
Adam from the hill of Paradise in the following words:

His eye might there command wherever stood

City of old or modern fame, the seat
Of mightiest empire, from the destined walls
 29
Of Cambalu, seat of Cathian can,
And Samarchand by Oxus, Temir’s throne,
To Paquin of Sinaean Kings, and Thence
To Agra and Lahore of Great Mogul…
(Paradise Lost, Bk. XI, 386-92)

Thomas Moore, a famous writer of his times, has also discussed Lahore in his writings:

Thomas Moore, another celebrated poet (1779-1852), in his

classic work Lalla Rookh (an Oriental Romance) written in
1817 has observed that “brilliant displays of life and
pageantry among the places and domes and gilded minarets
of Lahore made the city altogether like a place of
enchantment”, sacred to the loves of Lalla Rookh and
Feramorz. Rudyard Kipling*, (1865-1936) who was
brought up in Lahore and played around Zamzama (gun)
[Kipling’s gun] in his childhood, has immortalized Lahore
in his writings. 35
The “Heart of Pakistan”, “City of Colleges”, “City of Gardens” and “Paris of the East” are
some of the famous names associated with Lahore. However, the most interesting saying
about Lahore is in Punjabi language: “Jiney Lahore naee wekhaya, oh jamyaee naee”
meaning ‘a person is not born if he has not seen Lahore’.

*
Famous writer and journalist, used to work for an eminent newspaper ‘The Civil and Military Gazette’
which had its office on the Mall at a little distance from Zamzama Gun later on named after Kipling.
 30

Map of Lahore
 31

Map of Afghanistan and Pakistan

Routes of Afghan Immigrants to Cities of Pakistan

 32

1
The end of child labour: Within reach, Global Report under the Follow-up to the ILO
Declaration on Fundamental Principles and Rights at Work 2006, International Labour
Conference 2006, (Geneva: International Labour Office, 2006), vii.
2
Earl Babbie, Survey Research Methods (Belmont: Wadsworth Publishing Company,
1990), 51.
3
Earl Babbie, The Practice of Social Research 9th Edition (Belmont: Wadsworth
Chapman University, 2001), 179.
4
William M.K. Torchin, Research Method, Second Edition (New Dehli: Biztantra
Atomic Dog Publishing, 2007), 56.
5
Baela Raza Jamil, Interview by researcher. Personal interview. February 28, 2007,
Lahore.
6
Haji Bashir, Interview by researcher. Personal interview. Lahore, September 19, 2007.
7
Jamil. Personal interview.
8
Nazir Ahmed, Interview by researcher. Personal interview. Lahore, September 18, 2007.
9
Mudasar Waheed, Interview by researcher. Personal interview. Lahore, March 17, 2007.
10
Ajab Gul, Interview by researcher. Personal interview. Lahore, November 27, 2007.
11
Ahmed. Personal interview.
12
Waheed. Personal interview.
13
Bashir. Personal interview.
14
Gul. Personal interview.
15
Ahmed. Personal interview.
16
Bashir. Personal interview.
17
Ahmed. Personal interview.
18
http://www.un.org/apps/news/printnewsAr.asp?nid=14696 (Accessed: February 2,
2010)
19
Gul. Personal interview.
20
Tahir Manzoor, Interview by researcher. Personal interviews. Lahore, February 16,
2007.
21
Ibid.
22
Government of Pakistan, 1998 Census Report of Pakistan (Islamabad: Population
Census Organization, Statistics Division, 2001), 1.
 33

23
Government of Pakistan, 1998 Provincial Census Report of Punjab, (Islamabad:
Population Census Organization, Statistics Division, 2001), 1.
24
Ibid., 23.
25
Ibid., 109.
26
Ibid., 121.
27
Ibid., 113. Table 2.2.
28
Ibid., 22.
29
Pran Nevile, Lahore: A Sentimental Journey (New Delhi: Harper Collins Publishers
India, 1997), 1.
30
Ibid., 4.
31
Ibid., 6.
32
Ibid., 13.
33
1998 Census Report of Pakistan, 82.
34
Nevile, Lahore: A Sentimental Journey, 1.
35
Ibid., 3
 32

Chapter 2

Conceptual Framework
Literature Review
and
Derivation of Hypothesis
 33

2.1 Conceptual Framework

The future of a nation depends on children. The better the quality of children, the
better the prospects of the nation. In fact, quality of children is closely linked with the
provision of their rights. Human Rights of the children are a set of their required needs
including food, shelter, education, health care, proper upbringing, etc. The provision of
these rights can transform them into useful and productive adults for the growth of the
nation.
The significance of the rights of the people has two basic objectives. The first is to
respect the dignity of a human being which gives a person self-esteem, confidence and
encouragement. The second objective is to flourish his potential and qualities, which is not
only beneficial for that individual, but for the society as well. Hence, it is also applied on
children. If children get their rights then their potentials will be sharpened. Thus they will
become a social capital for the country.
Kofi Annan∗, the Secretary General of the UN, remarked in 2005, “we will not
enjoy development without security, we will not enjoy security without development and
36
we will not enjoy either without respect for Human Rights.” The massage of the
Secretary General is quite significant and meaningful. He was of the opinion that, after a
long journey, man had reached such an advanced stage as to enjoy the fruits of this
development. The reward for a human being is to have respect and dignity, which, is also a
foundation of the Charter of the UN. Actually, he was referring to a triangle of
development, security and respect of Human Rights. The absence of any of the three
variables would not give contentment and happiness to human-beings. As far as security is
concerned, it does not refer only to life security, but also other securities like social,
economic and international security as well. Human-beings have reached this stage with
education and hard-work, therefore, they deserve to have maximum enjoyment of this
advancement. But somehow the respect for Human Rights is still wanting in many
countries of the world.
It is observed that in Pakistan, a large number of children are deprived of most of
their rights, particularly those children who have been undertaking different kinds of
labour activities. Scavenging through children is one of them, and its magnitude is quite
high in Pakistan. Its filthy and difficult conditions, and deplorable environment have made

∗
Secretary General of the United Nations (1997-2006)
 34

it a hazardous form of child labour. The children involved in it have to confront various
dangerous things and situations which are threatening to their health and lives. These
children remain away from useful and productive activities, which would be beneficial for
them. They turn into an excluded segment of the society, turn below quality citizens and
become a liability on the society.
The present study is undertaken on the phenomenon of scavenging through
children in Lahore. The objective of the study is to tackle this problem and find a viable
solution to provide rights to the subjected children to make them productive citizens.
Though research may not bring revolutionary changes in the society, it can identify and
suggest some solutions and recommend them to the concerned quarters to redress this
problem.
Those societies can hardly progress and attain sustainable growth where all
segments do not play their due roles. Similarly, if the children who are about 40% of the
total population, are not be properly nourished and looked after, then there is a high
probability that they will not only become a liability on a society, but also their potential
will remain unexplored.
For the case study, a survey is conducted of child scavengers of Lahore to gain an
insight and evaluate how many violations of their rights are taking place in the profession.
To identify the violations, a framework of Human Rights has been drawn by incorporating
various articles of the Convention on the Rights of the Child (CRC), International
Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic,
Social and Cultured Rights (ICESCR) and Universal Declaration of Human Rights
(UNDHR). It is pertinent to mention here that the stated Convention, Covenants and
Declaration have been ratified by most of the member-states of the UN, including
Pakistan, and regarded as agreed documents prescribing rights of the children of the world.
In fact, by ratifying them the member-states took the responsibility to preserve rights of
their children. Through the stated convention and covenants, it has been accepted
internationally that children should be given their rights not only because they are
dependent, vulnerable and innocent, but also because they deserve them.
On the basis of the findings of survey and analysis of the collected data, some aspects
of the phenomenon are deducted which were not known earlier. It has been noted in the
survey that all the respondents were not school-going children (see Table 5.2). Those
children who were studying in schools left after they joined the profession of scavenging
(see Table 5.2). So school-going of children and scavenging does not have compatibility.
 35

It shows that due to scavenging, the basic right of education of the subjected children is
being violated. Similarly, some other essential rights of the subjected-children are also not
being observed and are therefore, violated in the profession. Practices in society, like
scavenging through children, generate poverty and activate a vicious circle of allied
problems. Through survey, data of all related information, happenings, conditions and
effects of scavenging on the subjected children, are gathered. On the basis of the survey
findings, particular rights of the child scavengers which are breached in this profession
have been pin pointed.
Furthermore, by applying the Framework of ‘Human Rights of the Children’ on the
topic under study. The articles of a specific international convention or covenant that are
being violated have also been identified. It will give logical and legal strength to the
analysis. The findings and tests have enabled the research to suggest remedies and solution
of the problem under study. The solution will also help to redress other similar problems
prevailing in the society.
It is a fact that after confronting numerous social, cultural, religious and political
phases and events, and passing through many centuries, the concept of human rights has
finally been documented with the consent of the International Community under the
auspices of the UN (see Chapter 4). Actually the emergence of the UN was the foundation
of the pyramid on which the whole structure of the human rights was erected by the
Universal Declaration of Human Rights (UNDHR) in 1948 when the General Assembly
passed resolution 217 A(III).
The uniqueness of this Declaration is that it had input and contribution from a
group consisting of various intellectuals, scholars, humanists and social scientists of
different religions, regions, ideologies, cultures and backgrounds. It was a conscious effort
of the UN Commission for Human Rights (UNCHR) to make a Human Rights Declaration
with universality, and to avoid domination of any particular ideology, school of thought or
culture. It goes without saying that its secular, humanistic and universal flavour can be felt
when someone studies it rationally, and without any prejudice. So, it is rated as a
commendable achievement on the part of the Commission to define and identify human
rights and reach a consensus among different scholars and intellectuals. Thus UNDHR
actually set a common standard and made the world agree to it.
 36

The Declaration was not a binding treaty but rather a

statement of principles. Eleanor Roosevelt∗ said that the
Declaration “set up a common standard of achievement
for all people of all nations and might well become an
international Magna Carta of all mankind.” 37

It provides the basic structure of human rights, and it is quite open to improvement
and development when the need will arise in future. Therefore, after the UNDHR the UN
managed to adopt the International Covenant on Economic, Social and Cultural Rights
(ICESCR) on 16 December, 1966 which came into force on 3 January, 1976. The
International Covenant on Civil and Political Rights (ICCPR) was adopted on 16
December, 1966 and came into force on 23 March, 1976. The Convention on the
Elimination of All Forms of Discrimination Against Women (CEAFDAW) 1979 and the
Convention on the Rights of the Child (CRC) 1989 were adopted by the General
Assembly (GA) in order to make the concept of the human rights more clear and
advanced. The GA strengthened it to make it more comprehensive as well as binding.
The United Nations, charged some responsibilities in the
matter of human rights, and its members pledged
themselves to take actions for the achievement of
universal respect for and observance of human rights and
fundamental freedoms for all.38

So, internationally, these documents provide a framework to gauge and test the
standard of human rights and their observance as well as their violation. According to
Meena Anand, “In the modern democratic world, the relation between the man and the
state is determined by the extent to which the man is provided with liberty, equality,
justice and rights in a society.”39 Although the CRC is specific for the rights of the
children, yet it is in accordance with the basic principles proclaimed in the UN’s Charter
which recognizes the inherent dignity and equal and inalienable rights of all people. These
are the prerequisites for freedom, justice and peace in the world. The Charter accepts
importance of human rights on which social progress and standard of life are based.
Similarly, the UNDHR proclaims that children need special care and assistance.
They also require family environment and atmosphere of love and happiness for their
complete and harmonious development. The children must be brought up as to make them
successful and productive citizens and, for that matter, they should have the spirit of
peace, tolerance, freedom, dignity and equality. The need to give specific care to the child

∗
(1884-1962) Chairperson Human Rights Commission of the United Nations, widow of Mr. Franklin D.
Roosevelt, President of the USA.
 37

was initiated in the Geneva Declaration of the Rights of the Child of 1924, and then
reiterated in the Declaration of the Rights of the Child 1959, adopted by the UN. Besides
the UNDHR, the ICCPR and the ICESCR also recognized a special need for children’s
care. These documents emphasize that the child, because of his physical and mental
vulnerability, needs special safeguards, treatment and environment including appropriate
legal protection. The CRC recognized that a large population of children in the world was
facing very difficult conditions and they needed attention, support and cooperation of the
International Community.
All human rights which have been described in different declarations, covenants
and conventions, are for all human beings living in this world, without any prejudice and
discrimination. Children are entitled to have all their admissible rights, yet they have to be
given some special rights due to their dependency, innocence, vulnerability and other
considerations. In order to specify their rights, the CRC defines international standards for
children and covers most aspects related to children’s rights and problems.
The framework of the rights of the children is designed with some common points,
taken from the UN Charter, UNDHR, ICESCR, ICCPR and the CRC. The CRC has a
predominant position in the framework because it is solely related to children. The
following rights have been identified, which are generally under threat, and these variables
are to be used to gauge and test the standard of rights of the children under study.

Right to Life and Security

Right to life and security is the most important right because without life, a person
cannot have and enjoy other rights. Life is the most precious gift of nature for human
beings. The prime responsibility of state is to protect life of a person and provide him with
security. The state is not only responsible for the protection of a person within the state,
but also from external aggressions.
The fact is that, after the emergence of states, security of people could not be
achieved. Different states fought wars with each other, and, consequently, millions of
people were killed in these conflicts. WW 1 and WW 2, for instance, were horrible events
which swallowed millions of people, and made many millions homeless, jobless and
disabled. Consequently, the UN was formed in 1945 after huge losses of WW 2 to secure
peace and security for people. The Preamble of the UN Charter opens:
We, the people of the United Nations, determined to save
succeeding generations from the scourge of war, which
 38

twice in our lifetime has brought untold sorrow to

mankind … unite our strength to maintain international
peace and security. 40

Similarly, emphasizing the importance of international peace and security, the Charter of
the UN says, “All members shall settle their international disputes by peaceful means in
such a manner that international peace and security, and justice, are not endangered.” 41 It
shows the importance of peace and security of a person. Likewise, Universal Declaration
of Human Rights (UNDHR) of the UN describes, “Everyone has the right to life, liberty
42
and security of person.” International Covenant on Civil and Political Rights (ICCPR)
says the same but in different words, “Every human being has the inherent right to life.
43
This right shall be protected by law. No one shall be arbitrarily deprived of his life.”
However, its Article 9 also puts emphasis on the liberty and security of a person. The
Convention on the Rights of the Child (CRC) gives a special place to the same right for
children and puts responsibility on state parties to ensure survival and development of the
child. It indicates, “States Parties recognize that every child has the inherent right to life.
… States Parties shall ensure to the maximum extent possible the survival and
44
development of the child.” It is pertinent to mention that all quoted documents have
given great importance to Right of Life and Security of a person.

Right to Dignity and Worth

Dignity entails care, respect and honour for a human being. It gives contentment,
confidence and encouragement to a person to play his role in society. Without dignity,
one cannot attain the highest level of humanity. It is evident in history. Slaves were
reduced to an abysmal status and were treated like commodities and animals. They were
deprived of their independence, worth and ownership. Therefore, the second most
important right described in the Preamble of the UN is the dignity and worth of a person.
The preamble of the UNDHR opens with: “Whereas recognition of the inherent dignity
and of the equal and inalienable rights of all members of human family is the foundation
45
of freedom, justice and peace in the world.” The CRC also highlights importance of
dignity of child and calls upon state parties to take appropriate measures in this regard.
State parties shall take all appropriate legislative,
administrative, social and educational measures to protect
the child from all forms of physical or mental violence,
injury or abuse, neglect or negligent treatment or
exploitation, including sexual abuse, while in the care of
 39

parent(s) or any other person who has the care of the

child.46

There are some other articles in the CRC to protect and ensure the dignity of the child and,
for that matter the state has also been made responsible. “State Parties shall take all
appropriate national, bilateral, and multilateral measures to prevent the abduction of, the
47
sale of, or traffic in children for any purpose or in any form.” Article 37 of CRC says,
“State parties shall ensure that … No child shall be subjected to torture or other cruel,
48
inhuman or degrading treatment or punishment.” Similarly, Article 8, explains “States
Parties undertake to respect the rights of the child to preserve his or her identity, including
nationality, name and family relations as recognized by law without unlawful
interference.”49
In fact without an identity and nationality, one cannot secure dignity and worth in
the eyes of the people. It is worth mentioning that dignity and worth of the child are only
aspects on which about half a dozen Articles are available in the CRC. This reflects its
significance. So, it can be said that without dignity, the concept of human rights will
remain inconclusive.

Right of Health and Medical Facilities

Health is a basic right of every child. If health care services and medical facilities
are not available, it means that the health of a child is at stake. In most of the developing
countries, numerous children either die, or are disabled due to absence or inefficiency of
health care services. The CRC stresses:
This basic need of a child. It says, “State Parties
recognize the right of the child to the enjoyment of the
highest attainable standard of health and to facilities for
the treatment of illness and rehabilitation of health state
parties shall strive to ensure that no child is deprived of
his or her right of access to such health care services.” 50

So, in this regard responsibility is given to the state to take appropriate measures. Article
24(a) of the CRC says, “to diminish infant and child mortality.” The same article further
reveals, “to combat disease and malnutrition … provision of adequate nutritious foods and
clean drinking water, taking into consideration the dangers and risks of environmental
pollution.” 51 It emphasizes the provision of proper and hygienic food, clean environment
and proper sanitation to ensure health of the children.
 40

Right of Equality
Equality is a prerequisite for dignity of man as well as for justice and peace. In the
past, numerous people were treated in degrading and abusive manner on the basis of
religion, colour, race, status, language, gender and nationality. The UN Charter, in its
preamble, puts emphasis on equality of all men. The Charter explains, “In promoting and
encouraging respect for human rights and for fundamental freedoms for all without
52
distinction as to race, sex, language, or religion. …” However, the UNDHR is more
explicit about equality among human beings. It says, “Everyone is entitled to all the rights
and freedoms set forth in this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.” 53 Article 24(1) of the ICCPR is specific about the equality
of children. It says:
Every child shall have, without any discrimination as to
race, colour, sex, language, religion, national or social
origin, property or birth, the right to such measures of
protection as are required by his status as a minor, on the
part of his family, society and the state. 54

At the same time, the ICCPR puts responsibility on states that people should be treated
with equality, irrespective of any consideration.
Each State Party to the present Covenant undertakes to
respect and ensure to all individuals within its territory
and subject to its jurisdiction the rights recognized in the
present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status. 55

The International Covenant on Economic Social and Cultural Rights (ICESCR), in its
Article 2, addresses the issue of equality, and makes the state responsible for ensuring it.
The CRC also emphasizes that all children shall be treated equally and no discrimination
should be tolerated, even for children of minorities and refugees. They are entitled to have
facilities like other children.

Right to Education
Education is the basic ingredient for making a person not only aware of his rights
and duties, but also to make him a useful and productive citizen. Without education, it is
 41

unlikely that a person would explore his potential. It goes without saying that education
enhances the abilities of a person to attain quality of life and success. The UNDHR
maintains, “Everyone has the right to education. Education shall be free, at least in the
56
elementary and fundamental stages. Elementary education shall be compulsory.”
Similarly, the ICESCR explains the importance and benefits of education:
The States Parties to the present Covenant recognize the
right of everyone to education. They agree that education
shall be directed to the full development of the human
personality and the sense of its dignity and shall
strengthen the respect for human rights, fundamental
freedom. They further agree that education enables all
persons to participate effectively in a free society,
promote understanding, tolerance and friendship among
all nations and all racial, ethnic or religious groups, and
further the activities of the United Nations for the
maintenance of peace. 57

Article 28 of the CRC also puts great emphasis on the education of children and makes the
state responsible for it.
State Parties recognize the right of the child to education
and with a view to achieving this right progressively on
the basis of equal opportunity, they shall in particular. …
Make primary education compulsory and available free to
all … [and] Take measures to encourage regular
attendance at schools and the education of dropout rates.
58

The preceding articles show that education is considered one of the most important rights
of a child. There is an emphasis not only on the availability of education but also to make
it compulsory for every child. In fact, through education, children can be made a social
capital, which is an imperative to make a better society.

Right to Rest and Leisure

Indeed, rest and leisure are the basic needs of a human being. As such, these have
been given a special place in the UNDHR, the ICESCR and the CRC. The UNDHR
discribes, “Everyone has the right to rest and leisure, including reasonable limitation of
59
working hours and periodic holidays with pay.” Likewise, Article 7(d) of the ICESCR
also says almost the same about this variable, which is a basic requirement of the human
body. The CRC has a specific article on the same issue. “State Parties recognize the right
of the child to rest, and leisure, to engage in play and recreational activities appropriate to
 42

60
the age of the child and to participate freely in cultural life and the arts.” There is no
second opinion that rest and break in work are very important to regain energy and keep
interest intact. Continuous work not only undermines the health of a person, but also
makes him lethargic. A human being is not a robot, so certain measures are needed to keep
him energetic and healthy. As far as children are concerned, apart from rest and leisure,
they need time to play and indulge in other recreational activities for their proper growth
and health.

Right of Social Security

Social security is a mechanism which helps a person in difficult times like illness,
unemployment, bankruptcy and calamity. Nevertheless, it reduces vulnerability of a
person during and after the crisis. Such support protects the person from total disaster and
guards him from other illegal and immoral activities. The UNDHR describes, “Everyone,
61
as member of society, has the right to social security.” The ICESCR also has Article 9
on the same issue. However, it puts responsibility on the state, not only to provide social
security to its citizens, but also to provide them further protection through social
insurance. Likewise, Article 26 of the CRC says on the same matter:
State Parties shall recognize for every child the right to
benefit from social security, including social insurance,
and shall take the necessary measures to achieve the full
realization of this right in accordance with their national
law. 62

It is noted that, in the absence of a social security system, people become vulnerable and
can be attracted to illicit activities to cope with an undesired situation. So, it is the
responsibility of the state and society to help and support the people in difficult times.
Otherwise, they could go to any extent which would be detrimental to peace and stability
of the society.

Right of Family Unit

The family unit is part and parcel of every society since time immemorial. Its
importance was felt during the making of the UNDHR. A family unit is considered a
group which generally provides help, strength, love and care to its members, and its
importance becomes paramount in case of young children. The UNDHR reveals, “The
family is the natural and fundamental group unit of society, and is entitled to protection by
 43

society and the state.” 63 The ICCPR, in its Article 23, also describes the same views about
family unit. It explain the matter in these words:
The widest possible protection and assistance should be
accorded to the family, which is the natural and
fundamental group unit of society, particularly for its
establishment and while it is responsible for the care and
education of dependent children. 64

The CRC has more than one article on the same variable. However, its Article 9 says,
65
“State Parties shall ensure that a child shall not be separated from his or her family.”
Similarly, Article 20(1) discloses, “A child temporarily deprived of his or her family
environment, or in whose own best interests, cannot be allowed to remain in that
66
environment.” Article 18 of the CRC also explains the benefits of the family unit for a
child in these words, “For the upbringing and development of the child parents, or as the
case may be, legal guardians have the primary responsibility for the upbringing and
development of the child. The best interests of the child will be their basic concern.” 67
The family unit provides an environment which is extremely beneficial for mental,
physical, social, cultural and educational training and growth of a child. So, there are
specific articles in the UNDHR, the ICCPR, the ICESCR and the CRC which attach great
importance to the family unit. If the family unit is not intact, the children would be the
most affected in such a situation. Only a family unit can provide children required care,
education and training. In the absence of a family unit, children would be neglected, and
possibly, mistreated. Thus, the family unit is an imperative for the betterment of a child.

Right to Standard of Living

Most of the scientific inventions and developments are meant to facilitate human beings
and to provide them with better standards of living. The stated remarks of Mr. Kofi Annan
also refer to the same aspect that peace in the world and respect of human rights would
lead to better standards of living for human beings. The UNDHR Article 25 describes:
Everyone has the right to standard of living adequate for
the health and well-being of himself and his family,
including food, clothing, housing and medical care and
necessary social services. 68

On the other hand the ICESCR takes up this aspect and says:
The State Parties to the present Covenant recognize the
right of everyone to an adequate standard of living for
himself and his family, including adequate food, clothing
 44

and housing, and to the continuous improvement of living

condition. 69

The ICESCR further elaborates the same in Article 7(ii): “the right of everyone to a decent
living for themselves and their families.” 70 The CRC also presses the need for the right of
the child for enjoyment of the highest attainable standard of health and care of the child
during illness. The CRC in its Article 27 further sheds light on the same:
State Parties recognize the right of every child to a
standard of living adequate for the child’s physical,
mental, spiritual, moral and social development. … State
Parties, in accordance with national conditions and within
their means shall take appropriate measures to assist
parents and others responsible for child to implement this
right and shall in case of need provide material assistance
and support programmes, particularly with regard to
nutrition, clothing and housing. 71

So, the UNDHR, the ICESCR, and the CRC accept and support the living standard
which should be adequate for the health and well-being of the people. The CRC
emphasizes that the state should extend support to the family or parents whenever the need
arises, particularly concerning nutrition, clothing and housing. Because of special
considerations, a child needs a good living standard. So, provision of proper food, medical
treatment, housing and clothing refer to a good standard of living which is the
responsibility of the state.

Right of Just and Favourable Conditions of Work

To avoid inequality and exploitation of the workers, it is an imperative to ensure
just and favorable conditions of work. Otherwise, it would create unrest among workers
and usher social and economic problems in the society. Article 23 of the UNDHR says
that “Everyone has the right to work, to free choice of employment, to just and favourable
72
conditions of work and [to] protection against unemployment.” Similarly, the ICESCR
states on the same, “The State Parties to the present Covenant recognize the right of every
one of just and favourable conditions of work” 73 The ICESCR describes the matter:
Special measures of protection and assistance should be
taken… . children and young persons should be protected
from economic and social exploitation. Their
employment in work harmful to their moral or health or
dangerous to life or likely to hamper their normal
development should be punishable by law. States should
also set age limits below which the paid employment of
 45

child labour should be prohibited and punishable by law.

74

Though the CRC does not support that children should labour, yet it has some articles
related to just and favourable conditions for children who are involved in labour activities.
Article 19 and Article 32 of the CRC disapprove the conditions which are detrimental to
children’s health and growth. Article 19 says in this regard:
States Parties shall take all appropriate measures to
protect the child from all forms of physical or mental
violence injury or abuse, neglect or negligent treatment or
exploitation … Such protective measures should, as
appropriate, include effective procedures for the
establishment of social programmes to provide necessary
support for the child and for those who have the care of
the child. 75

The CRC further role of states to protect the children from exploitation:

State Parties recognize the right of the child to be

protected from economic exploitation and for performing
any work that is likely to be hazardous or to interfere
with the child’s education, or to be harmful to the child’s
health or physical, mental, spiritual, moral or social
development. 76

Article 32(2) of the CRC presses on states to take appropriate measures to check
exploitation of children:
State Parties shall take legislative, administrative, social
and education measures to ensure the implementation of
the present Article. … [and] provide for appropriate
regulation of the hours and conditions of employment …
Provide for appropriate penalties or other sanctions to
ensure the effective enforcement of present Article. 77

These articles emphasis the fact that unhygienic, dangerous and filthy conditions of
workplaces can be harmful for the health and growth of the people. It is the responsibility
of the state to check and regulate these conditions in the working places which endanger
the physical fitness and life of a worker.

Right of Equal Pay for Equal Work

Discrimination in remuneration generates economic inequality and widens the gap

between the people. It is also against basic principal of justice. Obviously, such
preferences are given on the basis of considerations like gender, status, background,
 46

religious, belief or age. Any kind of discrimination is discouraged in the Preamble and
Charter of the UN. The UNDHR also emphasizes, “Everyone without any discrimination,
78
has the right to equal pay for equal work.” Article 7 of the ICESCR says, “The State
Parties to the present covenant recognize the right of everyone to the… Remuneration
which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration
for work of equal value without distinction of any kind.” 79 The CRC also affirms, “State
Parties recognize the right of the child to be protected from economic exploitation.” 80
It means that the above stated articles provide protection to all people, irrespective
of their sex, race status and age, and also that they should have equal pay or remuneration
for equal kind of work. The discrimination in pay on the basis of sex, age, race and status
is unfair and constitutes economic exploitation. It reflects that human beings are rewarded
unequally and selectively, which is against the spirit of human rights and Charter of the
UN.

Right of Freedom from Fear and Want

This refers to social and economic security for people. For that matter, a social
security system has been working in welfare states which provide help to the people to
cope with critical situations. A common aspect appearing in preambles of the UNDHR, the
ICESCR and the ICCPR is that human beings should be given freedom from fear and
want. It can only be possible when conditions are created whereby everyone may enjoy
economic, social, civil, cultural and political rights without any distinction. The ICESCR
in its Article 11(2) states:
The State Parties to the present Covenant recognize the
fundamental right of everyone to be free from hunger,
shall take, individually and through international
cooperation, the measures, including specific
programmes, which are needed. 81

Right of Liberty
The child’s right of liberty has a different connotation. It is in accordance with the
approach, prudence and means of the parents. Due to certain considerations, a child cannot
be given the same liberty as an adult. This has been recognized in Article 3 of the
UNDHR.
However, it depends on parents that how much liberty they give to their child. Such
responsibility binds the parents to make those decisions which are in the best interests of
 47

the child. The CRC has Article 37(b) which says, “No child shall be deprived of his or her
liberty unlawfully or arbitrarily.” 82 So, confining a child, or compelling a child to labour,
is an exploitation which is a violation of his/her human rights.

Right of No Torture

There is no second opinion that due to the vulnerability and docile nature of the
children, they deserve special care and treatment. They can make mistakes, but one should
keep in mind their immaturity and lack of prudence. Therefore, corporal punishment has
been banned in many countries because it has various negative affects on the children.
Fear, lack of confidence and hesitation are the outcome of such treatment. To deal with
this matter, there are articles in the UNDHR, the ICCPR and the CRC. According the
UNDHR, “No one shall be subjected to torture or to cruel, inhuman or degrading
83
treatment or punishment.” Similarly Article 7 of the ICCPR states the same about
torture and inhuman treatment or punishment of a person. However, Article 37(a) of the
CRC is specific about children:
No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment. Neither
capital punishment nor life imprisonment without
possibility of release shall be imposed for offenses
committed by a person below 18 years of age. 84

Right of Refugee Children

Every child deserves caring and compassionate treatment. Whether the child is a native or
a refugee, his rights should be observed. In this regard, Article 22 of the CRC puts
responsibility on the state to look after refugee children:
State Parties shall take appropriate measures to ensure
that a child who is seeking refugee status or who is
considered a refugee in accordance with applicable
international or domestic law and procedures shall,
whether unaccompanied or accompanied by his or her
parents or by any other person, receive appropriate
protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention
and in other international human rights or humanitarian
instruments to which the said States are Parties. 85
 48

It means that a refugee child deserves the same treatment irrespective of his nationality,
background and race, which other children are entitled to. Thus, they should not be
discriminated against for any reason.

Right of Registration and Nationality

Many refugee children in different parts of the world are not registered and, thus,
they are without any national identity. Such situations bring for them social and political
repercussions. They are likely to face the identity problem. To check this situation, Article
24(2) of the ICCPR indicates, “Every child shall be registered immediately after birth and
shall have a name … Every child has the right to acquire a nationality.” 86 Article 7 of the
CRC describes the same, “the child shall be registered immediately after birth and shall
have the right from birth to a name, the right to acquire a nationality and, as far as
possible, the right to know and be cared for by his or her parents.” 87 So, it is the right of a
child that he registered and have a nationality and a name. It is necessary for the child to
become a citizen of a country for his recognition and introduction in the social and
political setup.

Responsibility of States
In the UNDHR, the member states pledged to work for the respect and promotion
of human rights and fundamental freedoms of people. Therefore, while adopting the
resolution of the ICESCR, the signatory state parties agreed to follow its Article on human
rights. Its Article 2(2) says:
The States Parties to the present Covenant undertake to
guarantee that the rights enunciated in the present
Covenant will be exercised without discrimination of any
kind as to race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth
or other status. 88

Likewise, when the resolution of the ICCPR was adopted by the UN General Assembly,
the signatory state parties agreed that they would follow its Articles. In fact, when a state
ratifies these covenants of the UN, she is under obligation to respect and implement them.
Moreover, it is also binding on the states to respect and promote human rights. The states
should take legislative, administrative and educational measures to observe human rights
which are mentioned in the UNDHR, ICCPR and ICESCR.
 49

Similarly, when a state ratifies the CRC, she is under obligation to implement the
CRC in letter and spirit to protect rights of the children. It is a fact that in many countries,
particularly in the Third World, a large number of children have been living in
exceptionally difficult conditions. They deserve special attention. To improve the
conditions of these children, and to make them productive citizens, states should play their
role collectively and individually. The more rights children are ensured, the better the
citizens they would be. Article 4 of the CRC gives responsibilities of the states for
children:

State Parties shall undertake all appropriate legislative,

administrative, and other measures for the
implementation of the rights recognized in the present
Convention with regard to economic, social and cultural
rights, State Parties shall undertake such measures to the
maximum extent of their available resources and where
needed within the framework of international
cooperation. 89

The ratification of the CRC by the states means that they have accepted their
responsibilities to observe and implement it, as they are morally, socially, politically and
legally under obligation to do so.
Children are a very important segment of society because they are instrumental in
making a better future for a nation. Their proper and focused up-bringing will only be
possible if they are given their rights described by the covenants and the CRC. It will not
only help to extract the best out of them, but also make them human rights conscious
individuals. Then, they obviously would transfer that consciousness to the next generation
and promote a culture of respect of Human Rights. It would certainly give them a sense of
tolerance and co-existence, which would not only bring enduring peace in the world, but
also enhances progress and development as stated by Mr. Annan. At the same time, it
would give them contentment which is the ultimate objective of the state.
The prime reason for advocating and observing human rights of the people is that
they are human beings. All human beings are equal and respectable therefore, they deserve
to have all opportunities and fruits of progress without any discrimination. They ought to
have fair and equal treatment from individuals as well as institutions. When people get
respect, dignity and opportunities justly and judiciously, then the probability that they
would give more quality input to society increases. This would ensure the sustainable
growth of the country.
 50

2.2 Literature Review

It is a prerequisite to study relevant literature to understand the problem under study
and its associated aspects. It helps the researcher to develop or improve the work which has
already been done by his/her predecessors. It also points out the existing gaps and
weaknesses of the topic under study. Literature review not only opens new dimensions of
the subject along with findings of other researchers, but is also useful for the formation of
hypothesis for a new research. The purpose of literature review is also to justify the research
topic.
Child labour is a phenomenon which exists in most Third World countries and has
multiple socio-economic implications. Child labour is an issue in those countries where help
for poor people and their children does not exist. Pakistan is also one of those countries
where child labour is increasing to critical proportion. Millions of child workers continue to
suffer, while civil society and the bureaucracy dwell on a solution to the problem.
Employers believe that they are doing a favor to poor families by employing their children,
saving them from starvation and deprivation. But in reality, the children provide cheap and
easily controlled labor, with other advantages, to employers in fluctuating or unstable
markets. They demand less, are obedient and easy to exploit through fear. Widespread
societal acceptance of child labour has obscured the fact that it is an exploitative practice,
and that many of its forms place the child’s health and development in jeopardy.
Domestic child workers work inside houses and are thus at high risk of exploitation
and abuse. Because they work on meager salaries, therefore, they are more in demand and
easier to control compared to adult servants. The most visible child labours are street
workers who are usually self employed, while some work under supervision of adults.
Their activities involve shoe shining and selling miscellaneous articles. A large number of
them are scavengers rummaging through garbage. Their working hours are long and
tedious because the profit margin is low and work is poorly organized. As a matter of fact,
these children are growing up without education and Pakistan will soon have a larger adult
illiterate population. The reason of the spread of scavenging through children is that the
Government has not been paying any attention to this problem. Children get injuries,
suffer from dangerous diseases and even die because of unhygienic, filthy and hazardous
conditions at their working as well as living places. So, this issue of child scavengers
needs special attention.
 51

In the following paragraphs, some valuable works and researches of academicians

and institutions on the topic under study are briefly presented. The topic of the present
study is, “Child Labour in Human Rights Perspective: Case Study of Child Scavengers of
Lahore. The topic of child labour particularly, and human rights generally have become
the focus of academicians and writers only in last few decades, so, there is dearth of books
on the topic. As far as the topic of child scavengers is concerned, the unavailability of
books was felt extremely. The scarcity of related material compelled the researcher to
depend on articles, survey-reports, commentaries and findings of studies and researches
undertaken by different individuals, departments and institutions.
The following literature review is bifurcated into two parts. The material regarding
child labour is placed in the earlier part and literature about human rights is in the later
part of this chapter. It is pertinent to mention that the review of different books and reports
having similar theme has been combined in the following paragraphs.
Khan (2004) and Jillani (2009) have analytical approach to identify
problems confronted by children in child labour. Khan focuses the case of Pakistan
however, analysis of jillani covers larger canvas. Khan evaluates the role of Government
of Pakistan in tackling child labour problem. The study discloses that child labour is on the
rise throughout the world, particularly, in the third world countries. The Government of
Pakistan is continuously violating rights of children involved in labour. This is due to
selfishness and greed of parents and reluctance of leaders who are at the helm of affairs in
taking appropriate measures to redress the problem of child labour. In addition, this
problem is aggravated by growing urbanization, and its accompanying pattern of social
transition, rapid population growth, resource constraints, commercialization of agriculture
and growth of landless peasantry, traditional hesitation in educating females,
unemployment of adults and low income. These problems make Pakistan one of the few
countries in the world with child labour on the increase. Though it points out various
factors behind the rise of child labour, remedies are missing in the material. On the other
hand Jillani (2009) presents a situation analysis of child labour. It explains that child
labour, implies something different, as it entails children being exploited or overworked,
or deprived of their right to health or education or childhood. These children, apart from
working at a very young age, work long hours, for little or no pay and work in hazardous
and slave-like conditions. These children are compelled to work on a regular basis to earn
a living for themselves, or for their families, and, as a result, are disadvantaged
educationally and socially. Their places of work are exploitative and damaging to their
 52

physical and mental development. Separated from their families and often deprived of
educational and training opportunities, these children are forced to lead premature adult
lives, and condemned to a cruel present and a bleak future. Psycho-cultural factors as
poverty are not the only root cause of child labour but discrimination on the bases of
gender, race, area, religion, etc., also contribute to child labour. Environmental factors also
play an important role as children working in factories have to work for long durations. As
a result, they have ill-health due to polluted environment. Technology is advancing day by
day, and factory-owners are facing tough competition in selling their products in markets.
Thus, they hire children to ensure low cost of their products to compete in markets. The
material in both the books is about the formal sector of child labour. However, one of the
most degrading kinds of child labour of informal sector, i.e., scavenging through children,
is not even discussed in the study. Though numerous causes are highlighted, no strategy
has been given to tackle the problem of child labour.
Kumar (2000) and Shandilya and Khan (2003) are empirical studies on child
labour but they have undertaken different cases for research. Kumar determines causes,
problems and conditions of this concentrated sector of child labour. In this study, the data
of child labour in different sectors of India is collected, which highlights demographic
features of the areas under study. It gives the entry-age of the children in labour, their
aspirations, income and spending, health conditions and nature of work. It reveals that
child labour laws are being consistently violated in India. It suggests remedies to
overcome child labour from the sectors under study. The weakness of the study is that
there are general explanations of the problem without use of scientific tests to make the
results more authentic and reliable. Similarly, Shandilya and Khan identify various causes
and conditions of child labour. The case study of children working in small establishments
of Barh Town of Bihar State of India, gives valuable suggestions to tackle the problem. It
also carries a brief history of child-welfare legislations in pre- and post-independent India.
The rules, regulations and ILO conventions are critically taken into account for dealing
with the problem. To highlight the role of the judiciary, references of some cases and
decisions of higher courts in India are also available in the study. The efforts of some
specialized agencies like the UN, ILO, WHO, UNESCO and UNICEF, to reduce child
labour have been acknowledged. It is quite a useful book not only for academicians, social
workers and students, but also for policy and decision-makers. However, absence of social
and economic factors for stimulating child labour is felt in the study. Moreover, it does not
 53

take into account child labour of informal sector of urban, as well as rural areas, where it
involves a considerably large population.
Pati (1990), Tareen (1991) Hart (1997) Tandon and Sudarshan (1998) are related to
psychological aspect of child labour. Pati’s findings of the study tell about low inspiration
level in working children. The crux of the research is that when educational level is low,
economic conditions are adverse and exposure to modern materialistic civilization is
almost negligible, then a man cannot aspire for a better future, and remains contented with
some menial work and earning a living to remove his starvation. Tareen presents a
psychological analysis of the mind of a child and its delicacy. This guide carries an
elaborate chapter on the care of children. It also gives ways and means to develop the
confidence and personality of the child. Hart raises the issue of exclusion of labouring
children from the main stream which impairs their growth and confidence. The author
emphasizes that children should be given importance and a sense of participation in
routine life which enhances their confidence and growth. Tandon & Sudarshan give a
general understanding of children and their delicate nature. It also tells about the problems
and exploitation of children in the contemporary world.
In the findings of the present study, it has been found that child scavengers are also
a socially excluded community. The child scavengers are also victims of the same
conditions because their inspirational level is also very low. Due to degrading nature of
their profession, they keep themselves away from the common people. In the scavenging
profession, a child confronts crude and unhealthy social environment which is very
harmful for his mental and psychological growth. Though, the books of Pati, Tareen, Hart
and Tandon and Sudarshan do not touch other important aspects of child labour, but these
are quite useful to understand their complex, depressions and frustrations. Their
psychological analysis and inferences can be applied on child scavengers also.
Haspels and Michele (2000) present situation analysis of some successful
programmes in different parts of the globe to control child labour. It outlines a strategy to
design an economic, social and educational format to combat child labour. Moreover, the
study also highlights national and international policies regarding child labour and also
provides important data. It presents an inference that education is the best remedy to fight
child labour. It proposes a framework to educate children through formal and informal
methods. It points out vulnerable groups of children and suggests some methods for their
rehabilitation and to make them useful individuals for the society. The material given in
the book also reflects the great work done by the ILO to control and eliminate child labour
 54

from the world. There are also some valuable suggestions to tackle the problem which can
be incorporated in the present study on child scavengers.
Jillani (1998) focuses legal aspects of children’s rights. It draws a legal framework
of the rights of children and its implications. It gives details about national and
international laws as far as rights of children are concerned. Another book (Jillani 1999),
highlights the causes of criminal behavior in young people. It gives an account of Juvenile
laws and their implementation in Pakistan. The legal framework of the children’s rights
will also be applied on the child scavengers to note violations of their rights. However,
Jalalzai (2004) uses the Islamic concepts about children rights. It gives a religious flavour
and tells about child care in the perspective of the Holy Quran and Sunnah. It is a well
compiled book which gives a variety of information on child related problems. Though it
does not contain fresh data or any strategy to combat child labour, it is useful for general
awareness and information.
The following are the sources which provide informative and relevant data about
general understanding, intensity and magnitude of child labour. Khan (1999), Ahmed
(2007), and SPARC (2007) are quite useful sources in this regard. Khan gives information
about causes and dimensions of child labour in Pakistan. The manual explains the efforts
of the International Community to eliminate child labour. It also has some useful manuals
and models to understand the phenomenon of child labour. However, it lacks
philosophical and analytical approaches. Ahmed furnishes data regarding population and
intensity of child labour in Pakistan. The study discloses that globally, about 70% of child
labour is found in agriculture. Child labour is continually rising in Pakistan and no serious
steps have been taken to combat it. The last survey in 1996 figured out 3.3 million child
labourers in Pakistan of which 73% were boys and 27% were girls. The main reason
behind parents sending children to work is to raise income, or to pay outstanding debts.
The SPARC says that due to lack of information about child labour nothing is being done
to combat child labour. The study is useful for a general understanding, but it does not
provide causes of child labour and suggestion to tackle it. The SPARC also gives an
account on child health, child labour, children’s education, juvenile justice, and violence
against children. This NGO has been working in Pakistan for the rights of children and has
been bringing out almost every year, a report in the shape of a book. Having good
commentaries on different issues of children rights, it has data and references which have
made it an attractive source for researchers. However, it does not have comparative and
analytical material on the subject which seems its weakness.
 55

The following researches on the topic of child labour were undertaken by different
scholars for their academic pursuits. Raja (1981) is an exploratory study and finds out that
an overwhelming majority of the respondents are below 12 years of age, which is against
the existing laws of the country. They work for long hours a day, which impairs their
health, growth and socialization. A hypothesis is drawn that children working in different
sectors contribute a premature generation and deprived of a normal childhood, which
affects their psychological and social health. Raza (1986) holds that children involved in
labour have been facing circumstances which are beyond their control. Therefore, they are
forced to live on the margins of adults’ world. In developing countries, their plight is a
result of rural to urban migration, unemployment, poverty and shattered families. It states
that, their lives are shaped by exclusion, fear and violence, therefore, they lack in
confidence. Similarly, Shah (1989) describes the impact of child abuse on the personality
of a child. The hypothesis of the research is that 'the greater the abuse of child worker, the
lower will be his self-concept. The analysis and interpretation of the data substantiate the
assertion of the hypothesis with the help of empirical study. However, Muslim (1989)
presents a hypothesis that 'the higher the self-concept, the lower will be the occupational
satisfaction of child vendors'. It applies statistical tests and finds that the majority of child
vendors have low self-concept and occupational satisfaction. The studies of Shah and
Musim leave out social and economic factors. Qadir (1987) pesents that the job
satisfaction of a person effects his achievement motivation, and, if he is satisfied with his
job, he desires to achieve more through his work. On the other hand, children who work
generally do not have interests in the job which leads them to develop a reluctant attitude
as far as goals of life are concerned. The research has empolyed a psychological
framework and overlooks other important factors, like causes and problems of working
children in this sector. The findings of the survey are quite similar to the findings of the
present survey on child scavengers. The common outcome of the studies, the subjected
children were bound to be not satisfied with their jobs and did not show high hopes.
Moreover, the working conditions reflected that the children were confined to peculiar
circumstances which kept them away from better opportunities in life. Dilawar (1997)
offers an analytical study and finds that most of the respondents confront tension,
anxieties, isolation and helplessness. It extracts that the greater the extent of psychological
anomie of working children, the lower their aspirations. The findings of the study disclose
that tension, anxiety and helplessness are mostly found in children who work under
 56

employers because abusive language, corporal punishment and fear of deduction from
remuneration can haunt them.
Predominantly these studies are about the psychological aspects of children,
involved in labour. However, the studies of Raja, Raza, Shah, Muslim, Qadir and Dilawar
do not inquire into economic, educational and social disadvantages of the children who are
involved in labour. Moreover, they have overlooked their physical and professional
health, which are matters of concern. However, findings of these surveys can be used in
the present study on child scavengers.
Aftab (1988) and Masood (1996) carry out a descriptive research on child labour.
Aftab finds that poverty, inadequacy of elementary education policies, lack of economic
resources and high growth rate are major reasons behind child labour. But the study has
only kept focus on reason behind child labour and left out affects of child labour on the
subjected children, as well as on society. But in the present study, apart from reasons
behind scavenging through children the social, psychosocial and economic implications of
the phenomenon will also be studied. On the other hand Masood presents a quantitative
data of age, sex, location, occupation, working conditions and social as well as economic
status of the families of child labourers. It finds that the majority of working children are
male and below 15 years of age, and that they belong to large families of illiterate parents.
It says that the majority of the respondents wanted to get education but financial
constraints did not allow them to do so. However, findings of the present survey also point
out almost the same variables for stimulation of scavenging through children. But in
scavenging phenomenon, migration of Afghan people to Lahore is found to be an
important factor.
Zaki (1987) undertakes a comparative study and describes the relationship between
the ‘age of the respondent’ and working hours, keeping in view the assumption that
children belonging to a high age group work for lesser hours than those belonging to a low
age group. The study gives the reasons behind low-age group working more hours.
However, it is found in the present study on child scavengers that they work according to
their desire, irrespective of their age. There is another distinction in the present study, that
in scavenging, children are self-employed. So, it enables them to work according to their
wishes and they do not have any compulsion from any employer.
Anand (1993) undertakes an exploratory study and tells that the living conditions
in slums are harsh and degrading and without basic amenities. Drug addiction is
widespread, with frequent cases of wife-battering and child abuse. Such a family
 57

environment often forces the children to run away. The present study is on child
scavengers and the majority of the respondents also live in slums. They not only live in
degrading conditions but also work in harsher and deplorable conditions. Therefore, they
are more prone to health hazards and fatal diseases.
Apart from academic researchers, there are some national and international
institutions which have also undertaken different studies on child labour and
recommended remedies to redress the problem. The Labour and Manpower Department
(LMD), Government of the Punjab has conducted some surveys in the same sector. LMD
(1989) provides a quantitative data comprising information about child labour and their
working conditions, age, gender, education, wages, working hours, nature of work, habits,
hobbies, family size, health safety and parents' occupation. However, it is without any
analysis and suggestions for prevention of child labour. In the present study a
comprehensive strategy will be suggested for the prevention, regulation and rehabilitation
of child scavengers. LMD (1996) presents a report about different categories of child
labour in Pakistan. It gives data on geographic, occupational, age-group, gender and
working hours bases but it does not furnish information about the impacts of labour on
children. LMD in 1998 undertook an exploratory survey on Child Labour in Steel
Furnaces and Spare Parts Dealing in Lahore. It provides data about children working in
these sectors. It also carries some case studies of child workers and employers. LMD
(1998-2000) presents situational analysis and statistics on provincial-basis comparison on
child labour in Pakistan. It cites national and international laws related to child labour. The
survey is quite informative for getting legal information about child labour. These surveys
do not give remedies and measures to prevent child labour. Moreover, they are based on
situational analysis and exploratory approach. However, some aspects of these surveys are
useful for the present study on child scavengers. They give quantitative datas of the
working children and do not have evaluative and suggestive material. The same
Department conducted another survey on Child Labour in Automobile Workshops in
Lahore Region (North Zone) Lahore in 1998. It presents the general conditions of child
workers in this sector. This survey possesses mapping which divides the City into 14
sectors. The design of the surveys is quite useful for mapping and making an interview
schedule for the present survey.
The Institute of Developmental Economics (IDE) Government of Pakistan (1975),
Federal Bureau of Statistics (FBS) Government of Pakistan (2005-2006), ILO (1997),
UNICEF (1999), ILO (1999-2000), ILO (2005) present situational analysis of child
 58

labour. These reports are quite useful and informative for the topic under study however,
every report has separate dimension. The IDE discloses that street dwellers lack education,
technical education and skills, and, moreover, they engage in activities which are not
productive. They barely manage to earn money to meet their elementary needs. It is a
study of a specific kind of child labour and does not give any framework to solve the
problem understudy. The FBS compiled a situation analysis of labour force and provided
data on age, sex, marital status, literacy, level of education and migration of the population
in the labour force of Pakistan. Moreover, it gives an account of the country’s labour force
classified as industry, formal and informal sectors, occupations, hours of work,
employment status, etc. This annual survey report enables economists, researchers, donors
and planners to determine the prevailing conditions of the labour force. Most of the
surveys of the above stated departments are of qualitative nature and lack an analytical
approach. The ILO (1997) states in its ‘International Labour Review’ that in developing
countries, large household size reduces childrens’ educational participation and parents'
investment in schooling. This makes it likely that a large household size increases the
probability that the child will work. The findings of the present study also support the
version of the ILO because the majority of the respondents belonged to large families.
However, UNICEF (1999) presents a picture of conditions faced by children around the
globe. In this report detailed information about education and health problems of the
children in most parts of the world is available. The ILO (1999-2000) in ‘The Future’
gives details on the state of child labour. It also highlights national and international
efforts to curb child labour during the year. By going through the reports of the UNICEF
and the ILO, one can understand conditions of children involved in labour in different
parts of the world. It is also useful for the researcher in conducting comparative study of
child labour. The ILO (2005) in ‘International Labour Standards’ describes labour
inspection, employment policy, employment security, wages, working hours, occupational
safety, complaints, technical assistance and professional training. It tells stakeholders and
labourers about the standards of working conditions safety, remuneration and health of
workers. The researchers and academicians of labour-matters should know these labour
standards and recommend to the policy makers to incorporate them in their policies. It
provides some good suggestions to improve conditions and meet the prescribed goals. The
report is quite useful for comparative analysis of various countries to redress the problem
of child labour. As far as scavenging is concerned, these international standards of labour
are difficult to apply. As child scavengers are self-employed and work in places across the
 59

city, the Government can do very little to improve their condition. But it can at least
regularize the scavenging profession to minimize problems of the children.
Sudhaar (1998) finds that education is the best remedy to deal with child labour. It
comes up with educational programmes in a particular area to prevent children from
labouring. On the occasion of ‘Decade Celebration of the CRC’, it also published a
brochure which elaborates role of NGOs in eliminating child labour from Pakistan. It finds
education to be the ideal remedy in preventing children from labouring because illiteracy
and child labour have a correlation. This hypothesis holds ground because in the present
survey, none of the scavengers was found school going.
The following are important national documents about children and child labour;
the Constitution of Pakistan-1973, Employment of Children Act-1991, Factory Act,
Bonded Labour System (abolition) Act-1992, Shop and Establishment Ordinance-1969
and National Policy and Action Plan-2002 to combat Child Labour, which are studied and
relevant material from them has been extracted for the research.
Apart from the stated documents, there are documents of some international
institutions on the same subject which are useful for the present research. They consist of
United Nations Declaration on Children (1959), the ILO's Convention of Minimum Age
for Admission to Employment (1973), UN's 'Convention on the Rights of Child' (1989),
Report of the World Summit for Children (1990), ILO's Memorandum of Understanding
and Convention-182 (1999). These documents of international organizations have been
consulted. They provide an account of the efforts of the International Community to tackle
the problem of child labour.
The concept of Human Rights is a product of the modern age and it gained
importance after the formation of the UN. Intellectuals and commentators had varying
perceptions and understandings about the Human Rights till the Universal Declaration of
Human Rights, which, was adopted by the General Assembly of the UN.
Ishay (2004) captures historical events to explain the development of concept of
human Rights. It presents a long struggle in history and draws picture of social struggles,
conflicting ideas and armed clashes, and describes how the concept of human rights
evolved. In addition to presenting a comprehensive history of human rights, it also gives
material for knowing the contemporary international issues. Concepts of different religions
and civilizations regarding human rights have also been presented. It highlights different
cultures, traditions and laws which restricted freedom of people at various stages. It also
draws attention to the inconsistencies and limitations that beset early liberal thought
 60

including the exclusion of women, blacks, colonized people, and property-less people,
homosexuals and minorities. It highlights the events which helped the West to emerge as
the centre of power and civilization, and maintain an edge over other regions of the world.
It concludes with a review of the changing spatial and institutional dynamics of human
rights interaction at important historical junctures. It synthesizes historical and intellectual
development of the concept of human rights from the ancient age to the current age.
However, it does not provide suggestions and remedies to preserve and respect human
rights in the present age. But it is helpful in understanding the concept of human rights,
not only philosophically, but also historically.
Apart from Ishay, Schevill (1951), Thomson (1963) and Morison (1965) also took
up human right topic in historical perspective. Schevill presents analysis of social, cultural
and political ideas and trends that took place in Europe since the Age of Reformation. It
sheds light on the French Revolution, movements for democracy and human rights and
subsequent international relations in Europe and various peace agreements. The two great
Wars and their damage and violation of human rights are part of this book of European
history. It is very useful for understanding some new social and political trends which
changed the perception of the world regarding human rights. On the other hand Thomson
describes the interplay between conditions, events, personalities and ideas, as well as the
interconnections between events themselves in European history. It carries certain
techniques of analysis, explanation, interpretation, in order to elicit from the sequence of
happenings, and from our knowledge of their effects upon the fortunes of human beings,
and provides an understanding of how these things came to pass. It explains the French
Revolution, unity and disunity of Europe, Industrialization, Urbanization, Rise of
Nationalism, Balance of power in Europe, Democracy and Socialism, Imperial rivalries,
two great Wars and their impact on colonial revolutions. It enlightens the readers about
social change for human rights that took place in Europe after the French Revolution.
Morison explains important events from the pre American Revolution are to the
assassination of John F. Kennedy. It tells about American’ ways of living and their habits
and social change took place in America. It is also very useful to learn about events like
World Wars and the emergence of US as super power and International relations. It
contains useful material to understand the making of the American constitution, grant of
fundamental rights, and absolution of slavery. Hart explains the politics and contest of
some European empires for the purpose of colonization.
 61

The above stated books of Schevill, Thomson, Morison and Hart are quite useful
for the researchers who are interested in understanding historical events in political and
human rights perspective.
The common premise of Marsh (unknown) UNESCO (1948), Vasak (1982) and
Donnelly (2003) deals with philosophical aspect of human rights. As far as Marsh is
concerned it sheds light on the concepts of freedom in various aspects of human existence.
It carries material about civil liberties of people. It gives awareness and courage to people
to get their freedom and rights. Essays of John Stuart Mill, Allan Barth, Benjamin
Franklin, Alexis de Tocqueville and John Locke have made it worth reading. It presents
philosophical approach to explain concepts of liberty and freedom. UNESCO collects
writings of different scholars and intellectuals ‘Human Rights: Comments and
Interpretation’. The scholars contributed, prior to sketching of draft of the Universal
Declaration of Human Rights. For that matter, it acquired opinions and description of
human rights from scholars of different regions, cultures and backgrounds. It also covers
different concepts and schools of thought of various religions and civilizations on human
rights. E. H. Carr, Richard Mackeon, John Lewis, Quincy Wright and J. M. Burges were
well known scholars of the time who had contributed their perceptions on the topic.
Indeed, the articles are more of philosophical nature on the concept of human rights and
broaden the vision of readers on this very subject. However, the book lacks any kind of
framework to redress the problems to secure human rights of the people. On the other
hand apart from philosophical aspect Vasak also sheds light on legal, social, historical and
political aspects of human rights. This is yet another commendable effort of the UNESCO
to provide precious material on the subject. Without studying this book, understanding of
human rights will remain inconclusive. It carries theoretical analyses of different writers
but does not have any empirical study and suggestive material in human rights
perspective. It is helpful for the researcher to apply international legal and political
standards of human rights on child scavengers for the analysis. Donnelly also carries the
philosophical theme of the universality of human rights. It explains advocates and defends
human rights as universal rights. By and large, it has covered the contemporary issues
related directly and indirectly to human rights. Most political, social, religious and social
aspects are discussed in this well researched book. It explains theory of human rights and
sheds lights on cultural relativism and illustrates the importance of bilateral and
multilateral international actions. It addresses post ‘Cold-War’ issues like
 62

humanitarianism, intervention, democracy and human rights. At the same time, it explains
some new issues like different regional values, group rights, genocide, discrimination
against women and sexual minorities. Nevertheless, interpretations and explanations are
quite clear and have been argued with logic. It also covers most of the dimensions of
human rights, drawing upon sociology, political theory and concepts of international
relations as well as international law. So, it is a useful book to grasp the concept of human
rights. But it does not offer a historical and analytical aspect regarding human rights in
philosophical manner. Moreover, it lacks suggestive remedies to improve the environment
for human rights, particularly in the third world countries.
However, in the present study, it is noted that the children involved in scavenging
profession are not only deprived of their freedom and various rights in philosophical
sense, but also in partial sense. Their life and health are also under constant threat due to
unhygienic and unsafe conditions of their working places and residence.
Khan (2001) and Kapoor (2004) predominantly deal with legal aspects of human
rights. Khan gives analysis of the concept of human rights and the functioning of
international institutions to observe human rights. It highlights movements regarding
human rights and their effects on national and international levels. The social, political and
moral aspect of human rights are also discussed. The main crux is on legal aspect and
defining intricate links among law, politics and morals. It possesses various resolutions,
debates, decisions and reports of commissions, committees, government institutions and
NGOs regarding human rights. It highlights political, cultural, economic and philosophical
links with human rights and explores ideas about international law. It covers issues and
problems of some suppressed segments of society like children, women, minorities and
slaves. It discusses in detail the UN Declaration on Human Rights and its subsequent
covenants. It also carries a comparison between the European and the American
declarations of human rights. Although the book gives valuable substance on human rights
in legal perspective, it lacks suggestive and analytical material on the topic. However,
Kapoor covers various contemporary international issues of human rights in the
perspective of international law. Focusing on the threat to human rights, Godhra carnage,
WTO, War on Terrorism and American intervention in Iraq are critically discussed. It has
valuable material on international law, state succession, state jurisdiction, piracy, asylum,
extradition, environment, international organizations, laws of war, war crimes, genocide,
blockade, and Human Rights. It explains the working and procedure of international
organizations and laws for the protection and promotion of Human Rights. It is more
 63

useful for those students and researchers who are interested in human rights in
international law perspective.
Sachar (2004) and Anand (2004) present descriptive analysis. Both focus on
injustice and violations of human rights in the contemporary world however their case
studies are different. Sachar describes social, political and economic injustice in the Indian
society. It explains concepts of human rights and interprets that most religions have the
common approach of love for human beings and to make society a peaceful place to live
in. It highlights different regional and communal issues in India with an impartial and a
humane approach. The problems of children, women, minorities and slum-people in India
vis-a-vis role of the Government are also described. Some social, psychological,
environmental and legal problems are highlighted with a framework for their solutions. It
also carries a critical view of the WTO and the International Humanitarian laws. Bridging
the gap between the rich and the poor, respect of human rights, tolerance, social and
economic justice along with democracy are pointed out as the remedies to make a better
society. But there is no analytical study of any particular segment of the society. However,
Anand explains South African politics which was choked with apartheid policies of the
white minority ruling class. A critical review is available on transitional South Africa
which embraced social change in which equality, respect of human rights and democracy
were the basic elements. The story of transformation from a heterogeneous society to a
tolerant democratic society is narrated in an interesting manner in the book. Eventually, it
became a role-model country in the Africa continent while some countries were facing
civil war, carnage, violations of human rights, economic disparities and despotic regimes.
It also highlights violations of basic human rights and exploitations of black majority by
the white minority. Though it presents a case study of a specific region it does not provide
any framework to redress the problem understudy. Moreover, it does not give remedies to
improve conditions for human rights.
Harmon (1964) and Haq (1975) deal with political thoughts, political institutions
and political systems. Both are useful to understand human rights in perspective of
political science. Harmon explains and criticizes the different aspects of political
relationship between rulers and people. It not only points out the political problems, but
also suggests their solution in the light of the thoughts of well-known political thinkers. It
touches important phases of political thoughts from ancient to modern times. It presents
theories of important political philosophers on Human Rights with their historical
background. It carries material on important political and philosophical aspects of human
 64

rights. Haq possesses material on political theories, institutions, systems and rights. It
highlights features, structure and working of some international institutions for the
protection of human rights. It briefs about rights, duties and obligations of individuals as
well as states. The references of authentic books and political scientists on various issues
have made it a reliable source for readers. Both the books enlighten the readers about basic
principles of human rights in perspective of political science but lack evaluative and
comparative approach on the subject.
Slavery was a symbol for grave violations of human rights without studying it
importance of human rights cannot be understood. In this perspective Coupland (1933),
Andrew (1966) and Hart (2005) describe the conditions and problems of slaves in past.
Coupland explains the phenomenon of slavery in Britain and around the world. The role of
Britain as a great power to maintain ban on slave-trade through ships in open seas in 18th
and 19th century is discussed at length. It also describes movements for emancipation of
slaves in America. Though slavery does not exist in the world in its traditional shape, but
still there are various occupations particularly in the Third World countries, where people
have been confronting almost slave-like conditions. The scavenging profession is one of
those occupations where children face social degradation and are looked down upon by
people. So they are compelled to shun society and thus become socially excluded
community. On the other hand Andrew presents a life story of person who was initially a
slave, and eventually achieved respect and stature in American society. The struggle and
dedication of the person is narrated in a masterly way, which becomes a source of
inspiration for other suppressed black Americans. Different incidents and events which
took place after the Civil War in America and ushered in the social change are narrated. It
is useful to understand psychological approach and social behavior in the societies where
certain communities were discriminated against on the basis of race. Hart explains slavery
from early Arab, African and Portuguese practices in Africa and beyond, to the legal
abolition of slavery in the British Empire, the US and other parts of the world. Slavery and
slave trade remained a bone of contention between those states that were against it and that
were in favour of it, in the eighteenth and nineteenth century. Some questions like race,
sexuality and social class are also raised in it. This is an important source for those who
are interested in how empires are made and power is maintained, articulated and
challenged from within.
Ali (1980), Chaudhary (1993) and the Organization of Islamic Culture and
Communication of Iran (OICCI) (2001) carry the connotation of Islam regarding human
 65

rights. Ali argues that Islamic ideology is dynamic, competent and progressive enough to
meet the challenges of a modern age regarding human rights. The focus of it is that
Islamic message has to be understood as a whole and it should not be adjudged by the
misconducts of some Muslim despotic rulers of the past. Islamic ideology is based on
ethics and morality which opened the gates for better treatment and status for women,
slaves, commoners and minorities. Secular ideology has been criticized on the bases of its
aggressive pursuit of materialism and desire for unlimited freedom which eventually
breeds moral anarchy. With the Quranic and Sharia references, it tries to prove that Islam
gives a balance and practical code of life to guide men in almost every stage of life and
provides all required things to a person to enhance his abilities for collective and common
interests of the community. It gives the Islamic concept about human rights. It also
provides foods for thought in comparing Islamic concept with modern concept of human
rights. Though the book has been written on human rights, but because of its religious
perspective, it seems conservative in terms of analysis and objectivity. Similarly,
Chaudhary (1993) explains different rights of the individual given or accepted by Islam.
The practices and culture in pagan Arab society before the advent of Islam are discussed.
Logical arguments with relevant references from Quranic verses and traditions (Sunnah)
of Prophet Muhammad (PBUH) are quoted to support certain concepts. It is quite useful
and informative as far as Islamic concepts of human rights are concerned. The OICCI
brings out ‘Islamic Views on Human Rights View Points of Iranian Scholars’ comprising
research articles on various topics of human rights which are quite thought provoking. The
authors belong to there Shi’ite school of thought. Most of the topics explained and
discussed in it do not carry consensus because other sects of Muslims may disagree.
Nevertheless, the publication is quite useful understanding concept of human rights in
Shi’ite perspective. It shows that there are some variations about human rights in different
sects of Islam.
Apart from books of different authors, there are reports and publications, published
national and international institutions on the subject of human rights. In this regard the
Human Rights Commission of Pakistan (2008) gives a descriptive analysis. It draws a
picture of status of human rights, rule of law, enforcement of laws, fundamental freedoms,
political participation and rights of disadvantaged groups in Pakistan in its report ‘State of
Human Rights in 2007’. It also has material on refugees, environment, health conditions,
education, children and women in Pakistan. Though it lacks analytical and philosophical
approach, it has good informative material for researchers of human rights.
 66

In addition to the material mentioned before, commentaries, and articles on human

rights from various national and international newspapers, journals and magazines have
also been studied. The Britannica, Americana and Social Studies Encyclopedias have also
been consulted in this regard. The Internet has been is used to visit informative websites to
acquire fresh information and download related material for the topic under study.
Although different departments, agencies, institutions and individuals have
undertaken studies and researches on various features of child labour, yet a numbers of
aspects remain uncovered. It is pertinent to mention that most of the researches and
surveys about child labour are confined to psychological, social or economic effects of
child labour. Some of them present quantitative data, but refrain from applying statistical
tests to make it authentic. A comprehensive strategy and recommendations are yet to come
to redress the problem of child labour. It is also felt that none of the researchers has
studied the topic of child labour under the framework of the Universal Declaration of
Human Rights and CRC. Moreover, none of academicians has undertaken research on
child scavengers. Thus the present case study is undertaken on child scavengers of Lahore
in human rights perspective.

2.3 Derivation of hypothesis

By going through the available material of secondary sources like books, articles
and some survey reports, it was noted that in most kinds of child labour, the rights of
children are not being observed. Parents, guardians, employers, security personnel, senior
associates of these children, etc., usually violate the rights of children. Scavenging has
already been declared by the ILO as one of the hazardous kinds of labour. So, it cannot be
ruled out that in the scavenging profession, human rights of the children are violated. Thus
deductive method is applied to formulate the hypothesis.
After closely observing the phenomenon, conversing and interacting with the
children involved in this kind of labour, and spending time in the target areas, ample
evidences have been collected which reveal that when the children undertake scavenging
as profession, various violations of their Human Rights take place. However, before taking
child scavengers as the topic for the study, a pilot survey of the phenomenon was also
conducted to note these violations. The hypothesis was derived that ‘the involvement of
children in the profession of scavenging leads to consistent violations of their Human
Rights’. Furthermore, in the light of the findings of survey, the hypothesis was tested and
verified to draw the conclusion.
 67

36
Government of Punjab, Lahore, Human Resource Department, Industrial Relations
Institute, Lahore, Report of workshop held in 2005 combating Bonded Labour by capacity
building of District Government Functionaries, 2006, 13.
37
Thomas Risse, Stephen C. Ropp and Kathryne Sikkink eds., The Power of Human
Rights, International Norms and Domestic Change, (Cambridge: Cambridge University
Press, 2000), 1.
38
Meena Anand, Struggle for Human Rights: Nelson Mandela (Delhi: Kalpaz
Publications, 2004), 36.
39
Ibid., 27.
40
United Nation Charter 1945, Preamble.

41
Ibid., Chapter 1 Article 2(3).

42
United Nations, General Assembly, Universal Declaration of Human Rights, 1948,
Article 3.

43
United Nations, General Assembly, International Covenant on Civil and Political
Rights, 1966, Article 6.

44
United Nations, General Assembly, Convention on the Rights of the Child, 1989,
Article 6.

45
UN, Universal Declaration of Human Rights, 1948, Preamble.

46
UN, Convention on the Rights of the Child, 1989, Article 19.
47
Ibid., Article, 35.

48
Ibid., Article, 37.

49
Ibid., Article, 8.

50
Ibid., Article, 24.

51
Ibid.

52
UN Charter, Chapter 1, Article 1(3).

53
UN, Universal Declaration of Human Rights, 1948, Article 2.
 68

54
UN, International Covenant on Civil and Political Rights, 1966, Article 24(1).
55
Ibid., Article 2.
56
UN, Universal Declaration of Human Rights, 1948, Article 26.

57
United Nations, General Assembly, International Covenant on Economic Social and
Cultural Rights, 1966, Article 13.
58
UN, Convention on the Rights of the Child, 1989, Article, 28.
59
UN, Universal Declaration of Human Rights, 1948, Article 24.
60
UN, Convention on the Rights of the Child, 1989, Article, 31.
61
UN, Universal Declaration of Human Rights, 1948, Article, 22.
62
UN, Convention on the Rights of the Child, 1989, Article, 26.
63
UN, Universal Declaration of Human Rights, 1948, Article, 16.
64
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
10.
65
UN, Convention on the Rights of the Child, 1989, Article, 9.
66
Ibid., Article 20(1).
67
Ibid., Article 18.
68
UN, Universal Declaration of Human Rights, 1948, Article, 25.
69
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 11.
70
Ibid., Article 7(ii)
71
UN, Convention on the Rights of the Child, 1989, Article, Article, 27.
72
UN, Universal Declaration of Human Rights, 1948, Article, 23.
73
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 7.
74
Ibid., Article 10 (3).
75
UN, Convention on the Rights of the Child, 1989, Article, 19.
76
Ibid., Article, 32.
77
Ibid.
78
UN, Universal Declaration of Human Rights, 1948, Article, 23 (2).
79
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 7.
 69

80
UN, Convention on the Rights of the Child, 1989, Article, 32 (1).
81
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
11(2).
82
UN, Convention on the Rights of the Child, 1989, Article, 37 (b).
83
UN, Universal Declaration of Human Rights, 1948, Article, 5.
84
UN, Convention on the Rights of the Child, 1989, Article, 37 (a).
85
Ibid., Article, 22.
86
UN, International Covenant on Civil and Political Rights, 1966, Article 24 (2).
87
UN, Convention on the Rights of the Child, 1989, Article, 7.
88
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
2(2).
89
UN, Convention on the Rights of the Child, 1989, Article, 4.
 67

Chapter 3

Child Labour
 68
Child labour is a phenomenon which exists in many countries. The intensity,
magnitude and effects of child labour have been quite alarming, particularly in the Third
World. An important aspect of the problem is that children, who are involved in this
practice, are ignorant about its consequences and damages. In addition to being innocent,
weak and vulnerable, they have neither any consciousness nor any voice for their rights.
They are one of the most unheard and marginalized segments of the society because they
completely depend on their elders for shelter and nurture.
French philosopher, Jean Paul Sartre, puts moral responsibility on the parents for
the upbringing of their children because they are the outcome of their sexual pleasure. On
the other hand, in the Republic, the Greek philosopher, Plato, portrays his ‘Ideal State’ in
which he excludes parents, and places the entire responsibility on the State to nurture the
children. He writes, “Children, born of temporary unions, were to be brought up in State
90
nurseries.” Children are the real asset of a country and future human resource
development largely depends on the focused and comprehensive up-bringing of children.
It is noted that in social welfare states, a synthesis of both the concepts is being practised.
Indeed, parents are responsible for bringing up their children, but the state’s support is
always available. In these countries, the state is responsible for a uniform education and
medical care of the children, which, no doubt, ease off immense burden from the parents.
Besides this facility, they also have an insurance mechanism to help the children in case of
any dire situation. Thus, it has been proved that the partnership of the state and parents
bears fruitful results.
At the dawn of the 21st century, most of the affected states are not giving the
required attention for proper education, care and up bringing of children. In this regard,
Tapan Kumar Shandilya and Shakeel Ahmad Khan explain:
Child labour exists all over the world, it is more
pronounced in the poor developing countries and less
pronounced in rich developed countries. Further, both
among the developed and developing countries, it is less
prevalent among those which are more welfare oriented.
The pertinent case in point is that of the U.S.A. in relation
to Sweden. Though the U.S.A. has a higher per capita
income than Sweden, it has a much higher incident of child
labour. 91

It is a general perception that the phenomenon of child labour is present only in

poor countries, while rich countries are free from it. Although child labour is mostly
associated with poverty, yet social, political, cultural and behavioural aspects also matter.
 69
Due to these reasons, the problem of child labour is found in rich and developed countries
alike. Therefore, it can be said that though child labour is a global problem, yet the
difference is in its magnitude and effects. A large number of children, mostly in the Third
World countries, have been neglected, mistreated, abused, tortured and exploited in the
practice of child labour. As a result, the rights of these children are being overlooked and
violated. There are so many ways and means which cause suffering of children in the
contemporary world. However, child labour is considered as the most alarming one and is
largely practiced among them.

3.1 Labouring-Child and Working-Child

Generally, it is understood that “working-child” and “labouring-child” are
synonymous but as far as the nature and objectives are concerned, both have different
connotations and obligations. Anees Jillani describes a working-child in these words:
Most children work at the age of six and seven, they start
helping parents in the houses by running errands and doing
small chores. In traditional societies involved in agriculture
and handicraft production they work under their parents’
supervision, learning family trades. In other developed
societies children work in their spare time to earn extra
money, at the same time learning the value of work. 92

One opinion is that all physical activities and works of children fall under child labour,
which, does not realise the differences of objectives and intensity of the works. There are
numerous physical works which have been undertaken by children, but such children
cannot be called “child labourers”. Out of their activities, some can be voluntary for the
purpose of enjoyment, learning and grooming. For instance, sometimes, children are taken
along by their school teachers or family elders for mountaineering or other expeditions.
Indeed, such expeditions are quite consuming and require a lot of physical input. It is
noted that during an expedition, after a while, children usually become tired and
disinterested in completing those tasks. But to inculcate a sense of achievement, children
are pushed to accomplish such tasks and works, whether they undertake them willingly or
reluctantly. Although such work is imposed on children, yet they cannot be placed under
child labour. Likewise, some families are known for their hereditary craft, skill, art, sport
or any other specialization, and they involve their children for training in their respective
fields at quite an early age. The reason is that they believe that at a young age, the child
 70
has the ability and tendency to learn progressively that would be useful to make him an
expert and a specialist of that field or craft.
Children were taught a traditional craft at a very early age
to make them proficient in a job which would then be a
source of income to them on gaining adulthood. It is a
recognised fact that in childhood the boy is more flexible
and pliable and can hence bend, twist, stretch more easily
to acquire postures required for particular jobs. It is both a
physical mental adjustment which is required in the
learning process. Even musicians and dancers start to train
their children at the early age of 5 or 6. It is for the same
reason that craftsmen train their children in their hereditary
crafts because nibble fingers and keen eyesight of early
childhood is an asset in the learning process. 93

If these families of artisans, musicians or dancers had not undertaken this

traditional way, they might not have produced proficient artists and craftsmen. It is a fact
that there are numerous families in every part of the world who are famous for their skill
in their respective craft. Even in Pakistan, there are some renowned families associated
with classical music like that of Patyala, Shaam Churasi and Gawaliar Gharana who
follow the same tradition to teach classical music to their children from a very early age,
and generally compromise on formal education. It is noted that these children cram
hundreds of classical rags and notations when they are very young. Bimal Kumar presents
this understanding in this way:
Parents send their children to learn skill because in their
opinion, fine craftsmanship could be acquired only if one
started to work and learn a skill from the early childhood. It
was also argued that their children had no alternative scope
for work. Even after passing High School, they will not be
able to earn as much income as an artisan earned. 94

However, it is not easy to determine whether thus, children are willing to learn music or
art in childhood, or forced to comply to wishes of there elders. It should go without saying
that such practices and attitudes have produced numerous celebrated artists, who
eventually became assets for their nations. In this way, there are many skills and
specialized arts which have been kept alive. Indeed, these works and arts are being taught
by family elders to children who place restrictions on children, but at the same time, they
also love and care for them.
Some children-rights activists follow the other another extreme and portray most of
the working-children as labouring-children and overlook those children are part of a
 71
household. If they perform some minor or menial work to ease the burden of their
families, it should not be branded as child labour. If work is being done with a sense of
responsibility and participation, it should not be ruled out as unacceptable. Poor families
of rural areas do not have sufficient means of income, therefore, every member of the
family is given a role to share the burden of the household. Boys are generally asked to
help in the fields and tend to the animals, while the girls help in preparing food, carrying
water and looking after young siblings. Mostly, the people of NGOs and social
organizations place these children of rural areas in the category of child labourers. They do
not realize that in a country like Pakistan, these poor people are not in a position to hire
labour or machinery and get bank loans for farming. So, if the whole family would not
work collectively, they would not be able to pull on. The conditions are even more
difficult for those farmers who possess small pieces of land and constitute an
overwhelming majority in Pakistan. In this way, children working with family elders learn
the techniques and skills of cultivation which are useful for their agricultural life. Indeed,
such teaching and training prepares the children for coping with difficulties in the future,
and they become hardworking, practical and proficient. Although most of these children
are not sent for formal education in schools, yet they get social, moral and cultural
education from their elders. Their family elders make them work but they generally do not
abuse and exploit them. The children working with family elders one looked after and
loved. The also acquire social and cultural education and vocational training. Mostly, they
are not paid for their work but live with families and have the same food, clothing and
other facilities as their families have. They also get time for rest, play and other
recreational activities. Moreover, they are not restricted from participating social and
cultural activities. These working children work not because they have to earn money to
win livelihood for themselves, but work as members of the family where their
independence and self-esteem ownership of remaining intact. Differentiating between
child labour and a working child, I. V. George explains:
Child labour is the employment of children and the
extraction of their productivity for economic gain of
another, with debilitating ramification on the psychological
and physical development of the child.
The working child, on the other hand, enters work
arrangements that offer freedom and independence.
Working children cease to be mere means to another’s
ends; instead, they actively participate in decision-making
and the appropriation of resources and in that sense the
whole work process is a learning experience, entered into
 72
willingly. This is the basic difference between a labouring
child and working child. 95

The difference between a working-child and a labouring-child is still a debating point

among social scientists. The difference is to be determined keeping social, cultural and
economic aspects in view. Shandilya and Khan discuss this difference as follows:
The diversity of opinion among researchers in defining
child labour is due to differences in social perceptions.
Francis Blanchard, the Director General of the International
Labour Organization, states that “a first problem is one of
definition inherent in the notion of ‘child work’ and labour.
The most suitable and common definition of child labour is
as: child labour can be conceived to include children under
the age of 15 years in work or employment with the aim of
earning a livelihood for themselves or for their families. 96

In the absence of proper schooling and scarcity of job opportunities after completing
education in a country like Pakistan, it looks quite prudent on the part of parents to make
their children craftsmen or artists. Only having wished to provide proper education to their
children does not work if schools, government support and economic resources are not
available. In the peculiar socio-economic conditions of Third World countries, children are
produced with the expectation that when the parents become old, their children will take
care of them, and they are taken as an insurance policy against any eventuality.
Children, from rural areas work as part of their families and keep on learning skills
that would be beneficial in their future and practical life. However, children of urban areas
have a different social, cultural and economic life. They come across a different
environment and fare diverse challenges. In urban areas, people are job or business-
oriented and most of them are not in a position to teach their children any art or craft. In
cities, the availability of schools is greater than in rural areas. So, in cities parents send
their children to quality private schools because they do not see any prospects in low
standard public schools. When people of lower strata realise that they are unable to meet
the expenses of private schools, they send their children to learn various skills at
workshops or push them to work in factories, shops or hotels. If they do not find jobs, they
engage their children in some sort of self-employment such as selling different things or
providing services along road-sides, foot-paths and in markets. Such categories are placed
in child labour because these subjected-children not only work mostly under strangers, but
also work for earning livelihood for themselves or their families. They work for long hours
in extremely abusive conditions, under compulsion, on low wages and without time for
 73
play and leisure. Last but not the least, they work in a social environment where a humane
touch, love and care hardly exist.
The fact that more and more children are forced to shift
from household enterprise to wage-work means that more
and more children are pushed to work in an environment
which is bereft of family/humane touch and is more
exploitative. 97

If one compares the above mentioned conditions of the rural and urban situation, it will
observed that urban conditions are more exploitative than rural ones. In this form urban
environs, children rarely have any participation in collective social and cultural activities.
Although there are some common negative aspects in both categories like low or no
education and less opportunities to become quality citizens, yet the urban labouring
children have more social, emotional, cultural and consider revising disadvantages as
compared to the working children of rural areas.
The working children are found in urban areas also. It is part and parcel of every
society whether it belongs to developed or developing country, that children, to some
extent, do work and many social scientists regard it as conducive to learning and making
them productive and useful citizens. They disapprove of keeping the children idle because
it stimulates laziness and lack of confidence. The same kind of approach is found in the
following statement of Micheline R. Ishay:
The French general controller of Finance under Louis XIV,
Jean-Baptist Colbert (1619-1683), would have raised many
modern psychologists’ eyebrows when he declared,
“[E]xperience had always shown that idleness in the first
years of a child’s life is the real source of all disorders in
later life.” 98

Some social activists advocate an ideal situation for children, but they overlook
social, cultural and economic realities of different societies. They believe that formal
education is mandatory for a child’s life, and are not ready to accept that informal or
family education is also important for the social, moral and emotional growth of a child.
They insist that the absence of formal education for a working child would place him into
the category of child labourer which, in many cases, does not hold ground. Nelien Haspels
and Michele Jankanish explain working child in these words:
Many children in almost all societies work in one way or
another, although the types of work they do and the forms
and conditions of their involvement vary among societies
and overtime children’s participation in certain types of
 74
light work, such as helping parents care for home and
family for short periods in the day, or teenagers working
for a few hours before or after school or during holidays to
earn pocket money, is considered to be part of growing up
for boys and girls and means of acquiring basic survival
and practical skills. This increases their self-worth and
confidence and enables them to contribute to the well-being
both of themselves and their families. But this is not child
labour. 99

Sometimes, the condition of a working-child, particularly of rural areas where

children take part in agricultural production, overlap with the conditions of a labouring-
child and thus this brings forth some grey areas. Consequently, it becomes difficult to
separate the two conditions. So, it can be one of the reasons that all social scientists have
not agreed on one single definition of child labour. They have varying opinions, especially
on its objectives, processes, conditions, intensity, treatment and environment. Before
understanding the labouring-child and comparing it with the working-child, one should
have a clear comprehension of ‘labour’ and its meaning, connotation and concept. The
German philosopher, Hannah Arendt in her book The Human Condition, presents an
etymological explanation:
The distinction between labour and work which I propose
is unusual. The phenomenal evidence in its favour is too
striking to be ignored, and yet historically it is a fact that
apart from a few scattered remarks, which moreover were
never developed even in the histories of their authors, there
is hardly anything in either the pre-modern tradition of
political thought or in the large body of modern theories to
support it. Against this scarcity of historical evidence,
namely the simple fact that every European language,
ancient and modern, contains etymologically unrelated
words for what we have come to think of as the same
activity and retain them in the face of their persistent
synonymous usage. 100

It is interesting to note that almost every major language has separate words for work and
labour because both have distinct implications and meanings. As far as oriental languages
are concerned, in Urdu, for instance, the word ‘KAAM’ is used for work and
‘MUSHAQQAT’ is used for labour. In Persian ‘KAAR’ for work and ‘MUSHAQQAT’ for
labour. Similarly, in Arabic, ‘SHUGAL’ and ‘AMAL’, and in Bangla language ‘KAAJ’ and
‘SRAMIK’ are used for work and labour respectively. I. V. George points out these two
expressions for work and labour in some western languages.
 75
The Greek language distinguishes between PONEIN and
ERGAZESTHAI, the Latin between LABORARE and
FACERE or FABRICARE which have the same
etymological root, the French between TRAVAILLER and
OUVER, the German between ARBEITEN and WERKEN.
Arndt goes on to state that in all these cases, only the
equivalents for “labour” have an unequivocal connotation
of pain and trouble. 101

George, however, interprets and distinguishes between work and labour in these words:
Work is a natural human response to survive and therefore
a healthy and socially desirable process, labour denies the
producer an opportunity for self-direction and controls the
insalubrities of which makes it a pernicious social
process.102

The stated explanation seems quite thought provoking for those who are not ready to
accept such differences between a working-child and a labouring-child. They place many
kinds of working children in the category of labouring-children and consequently, mix up
the two concepts. They ignore that work is not an imposing activity for winning livelihood
or economic gains for workers. It is somehow undertaken by the worker willingly with
ownership of himself. The senses of voluntary, self-enjoyment and self-esteem have
prevailed in the working child which differentiates him from the labouring child.
Children used to work under the guidance and supervision
of parents or other adult members of the family.
Participation in household work also strengthened familial
bonds and sense of belongingness, besides imparting
traditional skill under the parental protection and care. With
the alienation of workers from their means of production,
children were forced to work for ‘others’ and thereby made
vulnerable for exploitation of all kinds. 103

In the category of work, the person who undertakes the work has not been dictated the way
an employer dictates his employee. The force behind the dictations of an employer or
contractor is that he is paying for that labour. Another motive of the employer is to exploit
the employee to extract more and more labour from him to make profit. The intention is to
make economic gains at the expense of the employee. But when a child works or takes
part in his family trade or art, skill or craft, sometimes he treated harshly off. But the
rough treatment of an elder of the family is meant to correct the child or make him
attentive or to improve his work, the intention of exploiting or degrading is not dominant
in this case. Such behaviour is exhibited mostly for the betterment of the child or for
maintaining family discipline. If any family elder becomes harsh or impolite towards
 76
children during work, it does not mean that the elder lacks love and care for the children.
At that moment, the role of the elder is just like the role of a teacher who occasionally
scolds students for their benefit. One can also call it the role of a team captain to get better
performance from team mates. But it is pertinent to notes that after the scolding, by and
large, the elder as well as the child move on because love overcomes all other emotions
and irons out the issues between the child and the elder. But such a bond of love and
affection is clearly missing from the relationship of employer and employee.
A working-child, when he or she works under or with his parents or family elders,
maintains his social dignity. On the other hand, a labouring-child hardly experiences social
and moral dignity which is a basic requirement for the self esteem and confidence of a
child. George explains the concept of labour:
When individuals are engaged in the production process,
not primarily to meet their physiological and psychological
needs, but to meet the profit-motivated needs of the
employer, the process they are engaged in may be called
“labour.” Work becomes labour when individual’s capacity
to produce a surplus beyond the value of her (sic.) means of
existence is capitalized upon by the employer. Labour
denies the producer an opportunity for self-direction and
control. 104

In simple words “labour” is a mental or physical activity undertaken by an individual

because of some compulsions or pressing reasons to win livelihood for himself or his
family. Mostly, the person works under a person he barely knows. Generally, the
behaviour of the employer is abusive and exploitative. The employee, during working
hours, is not at his will and has to work for a specific time, which is harmful for his self-
esteem and confidence, and damaging for his social, spiritual, emotional, psychological
and moral integrity. During working hours, the labourer does not enjoy liberty and
ownership of himself. Nonetheless, the labourer binds himself with the employer and
works solely just for economic gains. The employer does not care about the mood of the
employee, his fitness and physical strength and keeps on dictating him to extract the
maximum amount of labour out of him for maximizing profit.
Similarly, in the phenomenon of child labour, one can hardly find a sense of care in
the relationship of employer child-employee. Furthermore, the subjected-children are
generally not given time for play, recreation or rest by the employer. This relationship is
so mechanical that when the child-employee is not well physically or emotionally, the
employer ceases paying the employee without considering his problem. The major
 77
difference between labour and work is that if a child does not work because of illness, his
parents do not stop his meal or leave him unattended. In such a situation, they give more
care to the child which strengthens the relationship. This kind of behaviour and attitude is
mostly absent in child-labour mechanism. Qindeel Shujaat differentiates a labouring-child
from a working-child in this manner:
Child labour is work that is done by children which restrict
or damage their physical, social or spiritual growth as
children and which denies them their rights to fully
develop, to play or to go to school. Child work includes
activities that are not harmful, which may contribute to the
healthy development of a child. 105

It is very important to distinguish work which is beneficial and not harmful, and
work which is detrimental to the health, well being and growth of the child, and is thus
intolerable. There are many kinds of work undertaken by children which fall into the grey
areas between these two extremes. So, child labour, in simple words, means “exploitation”
of the child.

3.2 Definitions of Child Labour

Child labour has been in existence since time immemorial
in one form or the other. In the pre-industrial era, children
used to help their parents in family work, farm operations,
or family occupations. Even in the post industrial era, it is
existing on account of its cheapness and profitability of its
employment. 106

In pre-industrial age almost every child used to take part in routine activities of his family
because, at that time, he did not have ample opportunities of formal education. So, these
activities of children should not be placed in the category child labour. However, the
second part of the definition seems relevant because, after industrialization, children were
vulnerable to exploitation and that can be called “child labour”. R.N. Pati quotes
Kulshreshtha’s expression about child labour:
Child labour, in a restricted sense, means the employment
of child in gainful occupations which are dangerous to their
health and deny them the opportunities of development.
The term child labour not only applies to the children
working in the industries but also to the children in all
forms of non-industrial occupation which are injurious to
their physical, mental, moral and social development. 107
 78
According to Kulshreshtha, work is placed under the child labour category which is
dangerous to children’s health and denies their opportunities for development. This
definition seems quite general in nature. Moreover, it includes all industrial and non-
industrial occupations. As all non-industrial occupations are not dangerous and do not
restrict developmental opportunities, the definition does not seem rational. The
International Labour Organization (ILO) defines the phenomenon of child labour as
follows:
Child labour includes both paid and unpaid work and
activities that are mentally, physically, socially or morally
dangerous and harmful to children. It is a work that
deprives them of opportunities for schooling or that
requires them to assume the multiple burdens of schooling
and work at home and in the workplaces; and work that
enslaves them and separates them from their family. This is
what is meant by child labour: work carried out to the
detriment and endangerment of the child, in violation of
international law and national legislation. 108

This definition covers paid and unpaid works and jobs. It includes those working children
who work with family members without any remuneration. But this definition does not
explain such activities which are dangerous and harmful. Children working with families
may be deprived of formal education but they do get moral, social and cultural education
consistently. Numerous activities undertaken by children in agricultural sector are neither
detrimental to health, but are useful and beneficial for children. The training and
experience they get while undertaking those activities is utilised in future in farming and
cropping. This definition is overlapping concepts of working and labouring children.
Shandilya and Khan quote Homer Folks of the ILO on child labour as: “Work by children
that interferes with their full physical development, their opportunities for a desired
minimum education, or their needed recreation.” 109
In most definitions, it is observed that when labour hinders the emotional, social
and economic growth of the child, it becomes objectionable and intolerable. But it is not
easy to determine when a particular labour or work interferes with growth and restricts
opportunities for a child. The basic component in defining child labour is when conditions
of work hurt the dignity of a child and is associated with exploitation, then it can be
identified as child labour. Therefore, it is accepted generally that child labour is a menace
and exploitation if it has the following conditions.
 79
• Work not compatible with the age of the child.
• Work that gives undue physical, social and psychological stress.
• Work under unhygienic and consider revising conditions.
• Work with nominal remuneration or underpayment.
• Work restricting access to rest, play and education.
• Work that damages dignity and self confidence.
• Work that excludes ownership and self-esteem.
• Work that is detrimental to the social, psychological and economic development of
the child.
Thus, child labour can be defined as follows: When a child does labour or is
compelled to do labour for economic gains for himself/herself or his/her family on an
occasional or regular basis that hampers his/her education, normal childhood and
vocational training, the child is dispossessed of his dignity, self-esteem and ownership
when the work, is abusive and exploitative, and consequently, the child remains
disadvantaged educationally, socially, psychologically and financially. The definition is
also applicable to children who undertake scavenging as a profession. So, scavenging
through children is a kind of child labour which is not only deplorable but is also
hazardous to health.
It is also worth mentioning that in the phenomenon of child scavenging, the
subjected-children labour with older and illiterate people, impacts negatively on their
moral and psychological growth. These children are disadvantaged in many respects
because, they sacrifice their formal education, childhood bliss, and vocational training
which are necessary for their healthy and productive growth. In future they become
unskilled or semi-skilled workers, and in the long run there rarely have better economic
and social prospects.

3.3 Child Labour in Historical Perspective

Historically, children used to assist and help their parents or families in routine
household activities, family-crafts or works. This help was taken as participation of a
‘child’ as a member of the family-unit. This practice was part and parcel of the culture and
setting of societies. It has passed through different stages. In pre-Industrial age, which had
been predominantly of agricultural nature, children did not have ample opportunities for
formal education. Therefore, they were engaged in agriculture-related works, family crafts
 80
and family-trades mostly under the supervision of their elders. However, child labour with
its current connotation came into existence with the emergence of industrialization, which
had been associated with abuse and exploitation of children who used to work in industries
or industry-related activities. According to The Encyclopaedia Americana:
Industrial child labour first appeared with the development
of the domestic system. In this type of production an
entrepreneur bought raw material to be “put out” to the
homes or workmen to be spun, woven, sewn, or handled in
some other manner. This permitted a division of labour and
a degree of specialization among various families. Pay was
by the piece, and children were used extensively at
whatever tasks they could perform. 110

The Encyclopaedia further explains: “The domestic system was largely replaced by the
factory system associated with the Industrial Revolution which gained impetus in the 18th
111
century.” The Industrial Revolution brought along significant changes in the lives of
the people in Europe. It popularised use of ‘currency’ as a medium of exchange and
eventually ‘work’ formally started getting remunerated. It also brought an important
change in the concept of ‘work’ and it was replaced with a new term ‘labour’. Before that
period, bartering system was in vogue in the economies. People used to work for others in
agricultural or rural sectors and, in return, they got remuneration in the shape of ‘goods’
which they consumed in their routine life. Indeed, goods earned by a person in return of
his physical labour rarely gave him purchasing power. The industrial nations of Europe
popularised this system of remuneration in the people. So, the person, who would offer his
physical labour to any industrial work or industry-related production, would be rewarded
with currency instead of goods. It certainly enhanced their purchasing power and it proved
a turning point when people started offering physical labour to earn currency.
It gave an incentive to poor people because it provided them with ‘power of
purchase’ with money which generated a rat-race among them. To earn more and more
money, they worked extensively and did not hesitate to involve even their female family
members and young children. After some time, when the Industrial Revolution to look
roots and started expanding, a new domestic system appeared. There were numerous
industry-related items which were prepared at the homes of workers. The industrialists
used to give contracts to people to prepare raw material at their homes for final processing
in the industry. The attraction for the workers was that the more material they prepared,
the more money they could earn. Consequently, custodians of the families started using
their female family members and children in pursuance of more money. Therefore, in a
 81
short span of time, this domestic system expanded in almost all industrial countries of
Europe where children were used extensively.
In the words of Karl Marx, the ‘Capitalist, in his blind
unrestrainable passion and wolf’s hunger of surplus labour,
oversteps not only the moral, but even the merely physical
maximum bounds of the working day. It usurps the time for
growth, development, and healthy maintenance of the
body”… .Through the use of improved technique of
machines and employment of women and children
capitalist producer tries to increase his profits and surplus
value. Under the capitalist system, “the workman sold his
own labour power, … now he sells wife and child”... .It is
clear that profit motive leads to employment of women and
children and thereby their exploitation. 112

The phenomenon of industrialisation was followed by another practice, i.e., ‘exploitation

of labourers’ by the employers for economic gains. Industrialists have been looking for
cheap labour either to compete in the market or to enhance their profit. Eventually, this
pursuance had led them to hire children because of their low wages. As a result, a new
practice emerged, i.e., ‘child labour’. The Grolier Academic Encyclopaedia states, “The
Industrial Revolution had brought a number of young children into mines and factories
113
where they worked long hours in dangerous and filthy conditions.” Tariq Masud
Durrani quotes The Town Labourers of Hammond and Barbara about the attitude of
people who were at the helm of affairs. “When the English Manufactures warned Pitt∗ that
owing to high wages they had to pay to their workmen, they were unable to pay their
114
taxes, Pitt returned a terrible answer: ‘Take the children’.” This commentary reflects
that the English society had accepted the practice of child labour in its socio-economic
system. The Prime Minister of England at the time, did not show any hesitation to hire
children for labour.
It is pertinent to mention that when industrialization took roots in Asian countries,
factory-owners or employers followed the European pattern and opened their doors to
children in pursuance of ‘cheap labour’. Commenting on the subject the Secretary, Labour
and Manpower, Government of the Punjab, in a workshop said: “The Industrial
Revolution in the later part of the 19th century pushed a large number of under-aged
children from houses and schools to the factory floors.” 115 Thus, the Industrial Revolution
and rapid urbanization had brought a significant change in the role of a child, from a

∗
Prime Minister of England (1756-61, 1766-68)
 82
‘participant’ in the household activities to a ‘labourer’ for the economic gains mostly for
his/her family. Micheline R. Ishay describes the problem:
When Robert Owen∗ arrived at the New Lanark textile mill
in 1816, he discovered children as young as five working
thirteen hours a day. He stopped employing children under
ten and reduced their labour to ten hours a day. The
younger children were sent to nurseries and primary
schools that Owen had built. 116

The incident of Mr. Owen clearly shows the involvement of small children in factories. It
is pertinent to note that neither any law nor social restrictions were there to check
exploitation of children in the shape of child labour in England. Apart from England, other
nations of Europe had the same or similar approach towards children, and consequently,
the phenomenon of child labour kept on spreading.
Like the British and Americans, many French were
outraged by the plight of children. The wife of a French
glass manufacturer described in 1835 the status of these
youngsters: “In time of pressure, when the workers keep
labouring through the night, the children must also stay
awake and work, and … when these poor creatures,
succumbing to sleep, stop working, they are aroused by any
means necessary including the lash. 117

It is clear that during the Industrial Revolution in Europe, children had been used for
labour at a very young age. They were not only over-worked, but they were also abused
and exploited. They were made helpless in the hands of industrialists and their only
intention was to earn money for their families. In fact, hiring of children had become so
common in England and other European countries that it turned out to be a proper rental
business. People used to hire children on nominal rates and supply them to factories to
labour. No doubt, judged by any standard, it was an exploitation of children.
To a large extent, the entrepreneurs, who ran workshops
employing orphans, had a free hand where their access to
child labour was concerned. However, the attempts to
develop workshops for orphans into independent
enterprises failed due to inadequate profits. A system of
“renting out” cheap child labour developed next, with the
entrepreneurs working in conjunction with feudal political
authorities (“King”) here. As a result of this, the spheres of
life and work of the children were duly separated from each
other. 118

∗
Englishman (1771-1858) social worker, supporter of children’s education and critic of Child Labour
 83
According to Marxist analysis, the greed of industrialists has no end. In pursuance
of more and more profit, which can be gained by the labour of a worker, the industrialist
can go to any extent. This attitude gives birth to exploitative pursuits, which, he has been
exhibiting since the Industrial Revolution. Shandilya and Khan state in this regard:
Marx said: it was not the misuse of parental authority that
created the capitalistic exploitation … . of children’s labour
but, on the contrary, it was the capitalist mode of
exploitation which by sweeping away the economic basis
of parental authority, made it’s exercise degenerated into a
mischievous misuse of power. 119

It goes without saying that industrialization was an important cause to stimulate

colonization. Vladimir Ilich Lenin (1870-1942) regarded colonisation a mechanism
through which the imperialist powers exploit weak nations. His book Imperialism, the
Highest Stage of Capitalism explains these exploitations in a comprehensive manner. Due
to industrialisation, after sometime, industrialist nations started overflowing with
manufactured products. The surplus production drove the industrial European nations to
find new markets in Africa and Asia. Eventually, England in the middle of the 18th
century, managed to make India her colony. The English obtained raw material and labour
on cheap rates which instigated them to establish some industries in India, particularly in
Bengal, to multiply their profits.
In the middle of the 19th century there was an enormous
growth of European industry in India especially during
1860-1870 as seen by the growth of the tea, coffee, indigo
and jute industry. At this time, the factory industry began
taking the place of handicrafts. It was in the fifties that the
cotton and jute industry and coal mining were started in an
organised way. 120

It remained a common pattern in Europe, as well as in the Sub-Continent: the more the
spread of industrialization, the more the involvement of children in the industry.
In 1889, in a report on the working of the Factory Act, it
was stated … . In the coal mines in Bengal, children were
employed externatively underground. During the 1905
industrial boom with the introduction of the electric light, it
was found that children had to work 14 to 16 hours [a
day].121

In the findings of Shandilya and Khan, the colonial factor played an important role in
bringing unemployment in India at a large scale, which eventually instigated child labour.
Structural changes were introduced by the British and, as a result, people were compelled
 84
to leave their traditional professions in rural areas. But these people could not be adjusted
in urban areas. It generated rural-to-urban migration which resulted into large scale
unemployment and increase of poverty. Bimal Kumar presents the issue in their way:
This transition was initiated and effected under foreign rule
when India was a colony and was subjected to drain by the
empire. The traditional system maintaining stability and
equilibrium was disturbed first by direct drain and next by
effecting structural changes which made India’s economy a
dependent economy. These policies resulted in the decline
and finally destruction of handicraft in many areas. The
traditional land control system and agricultural system was
also changed to destroy the autonomy of those systems.
These changes had three major impacts: One, drain could
be organized through structural linkage of the colony with
the empire. Second, the traditional production system and
entrepreneurship quality deteriorated very fast, so that
adoption of new methods and innovation within the
indigenous system became out of question. As a result of
this, traditional sectors were further pushed backwards.
Thirdly, peasants and artisans were alienated from their
productive assets. This not only generated large scale
unemployment but also led to proletarianisation and
immiserisation of workers. They were no more owner
workers and the status of their children also transformed
radically due to this change. 122

Indeed, Industrialization caused rapid urbanization, which spread child labour and
introduced new modes of consumption of children. In cities, a number of avenues were
available where children could be more consumable as compared to adults. Due to easy
availability of children and nominal wages given to them, they are extensively hired in
cities: So, industrialists devised new ways of exploiting children.

3.4 Causes of Child Labour

Child labour is not an isolatable problem. It is an outcome of social, cultural,
political, educational and economic factors. More than being a problem in itself, child
labour is a manifestation of a number of problems inter-woven and inter-related in
intricate ways. Rampant poverty, prevalence of illiteracy, unattractive, unaffordable and
inaccessible schools, unemployment, and dependence of parents on children’s income,
large family sizes, and absence of effective social protection systems are considered the
major causes of child labour. Different studies show that, besides these causes, there are
some other variables which also stimulate child labour.
 85
It is worth mentioning that in Third World countries, these causes combine in a vicious
circle. However, the intensity of these causes may vary from region to region and culture
to culture. By and large, most of the above mentioned causes are behind the generation of
child labour and will be discussed in detail in subsequent pages.

a) Poverty
Poverty is the principal cause which forces the parents to send their children to
labour. This generates a vicious circle and invites other problems as well. Amryta Sen, a
Noble Laureate in Economics, quotes Seebohm Rowntee regarding people’s poverty,
“Primary poverty, if their total earnings are insufficient to obtain the minimum necessities
123
for the maintenance of merely their physical efficiency.” It is further explained that
poverty in the sense of moneyless-ness means not having enough of the basic medium of
exchange to satisfy elementary human needs and to function economically and socially.
It is observed that most parents send their children to labour due to compelling
conditions, and prime amongst them is hunger. It can force a person to undertake some
extreme measures like begging, stealing and some immoral practices. Likewise, limited
income resources make it quite difficult for poor families to run the household and, as a
result, they use their children to supplement their income. There are numerous families in
developing countries are been confronted with these conditions. According to a report of
the ILO, published in 2005:
It is true that poverty is a major factor in the vulnerability
of children to child labour. Family in ‘real poverty’ and
without other coping mechanisms may see sending children
out to work, even at a very young age and under conditions
that expose them to extreme risk, as the only way to make
[both] ends meet. This has been described as “using child
labour to borrow from future for present consumption since
it sacrifices the child’s long-term development on the altar
of immediate returns. 124

Crisis in a poor family like divorce or separation of the parents, second marriage of the
father, unemployment and death, or illness of the breadwinner also invite poverty.
In such situations, parents may consider that temporarily
withdrawing a child from school to help the family in crisis
is a legitimate response. In reality, such a move often leads
to the end of the child’s education and early entry into child
labour. 125
 86
R. N. Pati also accepts poverty as the prime cause of child labour: “Chronic poverty is the
largest factor responsible for the prevalence and perpetuation of child labour. Poverty
forces parents to send their children to seek employment.” 126
Shandilya and Khan are of the opinion:
The child by working is able to reduce to a great extent the
poverty in which he lives and hence satisfies some of his
basic needs. Even the smallest payments in cash or kind are
welcome in his poor home and he shares in the
maintenance of his family. 127

An activist of children’s rights, Fawad Usman Khan, quotes the findings of the World
Bank in a manual on child labour, “The World Bank believes that poverty is the greatest
128
single factor that forces families to send children to work rather then to schools.”
Similarly, the Ministry of Labour and Overseas Pakistanis stated in the National Policy
and Action Plan regarding Poverty and child labour:
Among causes of child labour, poverty is the most
important reason. Poor households need money, which
their children can earn. Child labour, although a pervasive
problem, flourishes because of economic forces that give
rise to continued demand for cheap labour. 129

Most studies say that more than one-third of Pakistani population lives below the
poverty line. A report published on February 14, 2009, quotes Kaiser Bangali, an
economist and former member of the government’s Economic Council as saying: “40
percent of Pakistan’s population lives on one dollar a day or less. The government puts the
figure at 33 percent”. 130 According to The World Development Report-2007 published by
The World Bank, “73.5 percent of the population of Pakistan earns less than two US
dollars a day.” 131 It reflects that two-thirds of Pakistanis fall in the category of poor. One
can also gauge level of poverty in Pakistan by a statement of Abdus Sattar Edhi∗,
published in 2009, it discloses, “A year ago, we used to receive a couple of kids across the
country a month, but the number is rising mainly because our people’s economic situation
is weakening,” 132 He further said “Parents lay up to 40 children a month in the cradles… a
heartbreaking indication of just how tough it has become to feed and clothe families in a
133
country where the economic situation is worsening almost daily.” It is worth
mentioning that these cradles have been placed outside all Edhi Centers across the country
having a sentence written on them; ‘Do not kill, lay here’. Actually it is an aid for parents

∗
Head, Edhi Foundation, the largest charity organization working in Pakistan.
 87
who are unable to feed their children. If the income of parents is not enough to feed their
children, then the efforts to alleviate child labour will remain unsuccessful. So, whenever a
family faces problems like shortage of food, shelter, medicines and clothing, it has to push
its children to do something to earn in order to run the household.
b) Prevalence of Illiteracy and School Drop-outs
It is widely accepted that illiteracy, scarcity of schools, unattractive schools and
school drop-outs are potent factors for the promotion of child labour. It is a fact that in
Pakistan private or quality schools are beyond the means of poor parents. On the other
hand, most of the government schools are not well-equipped and unable to produce quality
students that are demanded by the market. Such schools are shunned by many parents,
belonging to the lower strata. They prefer to send their children to jobs, rather than
sending them to unproductive public-sector schools. Quality and well-equipped schools
are too expensive and beyond the reach of poor people who are an overwhelming majority
in Pakistan.
In some cases, the parents are not that poor, but convinced
that sending children to school will be a waste of time,
education will not guarantee employment to their children.
In all such cases, parents are interested in providing
opportunities of training skill to their children. 134

Singh and Mohanty explain:

The low level of the ratio of children attending schools in
the primary school going group speaks loudly that if the
children will not attend school, where will they go? There
can be basically three reasons behind their not going to
school. First, they do not have adequate number of teaching
schools with adequate teaching infrastructure. Second,
schools fail to attract the children of the society, and third,
parents of the children do not let them go to schools
because of economic considerations. 135

It is a fact that illiteracy or low levels of education is one of the major causes of generating
child labour. Many studies find that either illiteracy or low levels of education of parents
are important factors that keep children away from schools. When parents are not
educated, they are hardly aware of the benefits of education. Therefore, uneducated
parents are not inclined to schooling their children. In fact, illiterate parents rarely make
their homes conducive to education.
Illiteracy, or low levels of education hampers general awareness and socialization
of the parents. They do not know much about registration of children, their birth
 88
certificates, requirements for admission in schools and other official matters. Therefore,
they remain hesitant to visit and interact with different offices. Social exclusion keeps the
parents at a distance from the mainstream. If such parents belong to the poor strata of
society, the probability increases that they would not be inclined to send their children to
schools. Shandilya and Khan say, “it is commonly found that level of parents’ education
136
and aspiration are closely associated with child labour.” In Pakistan, the majority of
schools are being run by the government. Although they cater to the majority of the
population, yet they are scant in number particularly in rural areas.

Figure 3.1 Literacy Rate of Maldives, Sri Lanka, India and Pakistan.

Literacy Rate

100%

80%
91%
60% 96%

40% 61%
50%
20%

0%
Maldives Sri Lanka India Pakistan

Drop-outs from government-schools are numerous in Pakistan. This is another

generating factor for the prevalence of illiteracy in society. After admitting the children to
schools, many parents are unable to meet academic expenditure and eventually pull them
out of schools. In addition to the expenses of the school, other factors like deplorable
infrastructure, under-staffing, untrained staff and corporal punishment are important
factors that encourage drop-outs in Pakistan.
 89
30 percent of children in developing countries who enroll
in primary school do not complete it, and this figure rises to
60 percent in some countries. Thus, education has become
part of the problem. It has to be reborn as part of the
solution. 137

The Mahboob ul Haq Development Center reported some interesting findings in its
report ‘Human Development in South Asia 2007’ on literacy rates of some South Asian
countries up to 2004. It shows that Pakistan is still behind most of its neighbouring
countries as far as literacy rate are concerned. Figure 2.2 shows the data released by the
Government of Pakistan in 1996 regarding drop-out ratio of children. It reveals that 26
million children are out of schools. If they are not studying, then there is a high probability
that majority of them would be involved in child labour.
 90

Figure 3.2 Diagram: State of Pakistani Children

40 Million
Total
Population of
Children

School enrolment

No access to schools
28 Million

12
Million

Primary school drop-outs

14
Million

Total out of schools children

26
Million
 91
c) Overpopulation and Large Family Size
Overpopulation and large family sizes are important factors which generate child
labour. The root cause of these factors is high population growth-rate, particularly in Third
World countries. According to Wikipedia.org, “Pakistan has increased its ranking from 7th
to 6th in the list of most populous countries of the world. The figures are based on a July
1, 2007 estimate by the UN Department of Economics and Social Affairs, Population
138
Division. It shows that total population of Pakistan is 163,843,000” Pakistan’s
Political, Economic and Diplomatic Dynamics reveals, “It also has 2.1 % population
growth rate.” 139 According to the census report of 1998: “The population of Pakistan is …
140
in 1998 recording an increase of 57.8 per cent over the last 17 years i.e., 1981-98.”
These figures show a high growth in population which can further deteriorate socio-
economic condition of the country.
It is a fact that when the population growth rate does not match the resources of a
country, it creates a gap between production and consumption, and invites problems like
price-hike, poverty, unemployment, inflation and child labour.
Most of the time, a bigger family size adds to the misery of
the parents to maintain the children properly which
motivates some of them to search for a job even in their
teens to supplement the family income. Since education has
become expensive these days, those who cannot afford to
educate their children, indirectly encourage them to go for a
job instead of sitting idle. 141

In Bimal Kumar’s opinion, “Large size of family reduces per capita income, which in turn
reduces their per capita consumption. It means that their poverty would be less pinching if
they adapt to the small family norm.” 142 He explains; “Due to large number of children, it
was not possible for parents to afford schooling of their children. A worker child not only
reduced the burden, but also contributed to the income of the family.” 143 He further says,
“there are many studies which show the positive correlation between child labour and
144
fertility.” Kumar also quotes J. D. Kasarda’s Economic Structure and Fertility: A
Comparative Analysis, “in his study based on international cross-sectional data, he has
shown that the countries in which the birth rates are low, the economic activity rates of the
145
children are significantly low.” Most of the rich countries have a low population
growth rate as well as small average family size. On the contrary, most poor countries not
only have a high population growth rate but have large family size on an average.
Poor households tend to have more children resulting in
higher likelihood that more children work, and fewer attend
 92
schools and complete their education. The effects for
growth and poverty reduction, education expansion and
control of population growth upon child labour are clearly
acknowledged. 146

Pakistan tops this category of countries and, if the present situation continues in the same
manner, the results would be beyond control. Jawad Ullah writes, “The situation is
alarming because it has been estimated that after 150 years, the population of Pakistan
would be equal to present day world’s population.” 147
This rapid increase in population is extremely alarming for Pakistan. It will not
only hamper its growth but invite absolute poverty and create a socio-economic crisis. The
vicious circle made by poverty, illiteracy, large family size and unemployment provides
stimulating environment for child labour. It should go without saying that most of the
Third World countries also have been trapped in this vicious circle.

d) Unemployment and Under-employment

Unemployment of adults is also an important factor in the promotion of child
labour predominantly in poor countries. Poverty and unemployment are co-related and
inter-linked variables. The poor are always last to be hired and first to be fired. If poverty
increases, the unemployment will also go up because both variables have a cause and
effect relationship.
Unemployment deals with the section of populations who
are capable and seeking / available for the production of
economic goods and services but not utilized as such by the
community and, therefore, manifests one aspect of the
wastage of human resources. 148

Unemployment generates poverty, because, when there are fewer jobs and more seekers,
employers will exploit the situation. In a situation where child labour is on a rampage, the
employers prefer to employ children because they can be hired on nominal wages. It also
enables the employers to exploit the situation and reduce wages of the adult workers.
Consequently, many jobs are given to the children, leaving adults unemployed or under-
employed. If adult workers get jobs on low wages, it pushes them and their families to the
web of poverty.
With the entry of child workers, the demand of adult
workers declines. Child worker participation also lowers
the bargaining power of adult workers. Once adult workers
start work on lower wages, their family income further
 93
decreases. This further compels them to send their children
to work in order to supplement family income. 149

In many cases, when the adults do not compromise on lesser wages, they opt to leave the
jobs and become unemployed. But they have to run the household and, for this they push
their children to earn money. Children often get jobs because they do not have much
consciousness about their remuneration and the nature of the job. They can do menial and
petty jobs on nominal wages, which are easily available in markets and houses.
Where family members of working-age cannot find
employment either because of qualifications or because of
hiring policies that discriminate against certain groups and
make it difficult for them to find work, in these cases,
although there may be alternative solution to the problem –
retraining or relocation for example – it may often seem
easier to find work for a child whose exploitability
overrides other considerations. 150

When such a situation becomes a routine, parents produce more children to get more
economic gains from the labour of their children. So, the more children, the more the
income the parents may generate. Thus, unemployment or underemployment of adults is
found to be a key factor which simultaneously increases child labour and contributes to
population growth. Poor families generally do not have other sources of income and in
case of unemployment of adults, children become vulnerable and are likely to be sent to
labour to avoid hunger. However, short of begging, child labour is considered the last
resort for poor people.
Actually child labour is both the cause and consequences of
adult unemployment and under-employment. Some experts
are of the view that if children were eliminated from the
labour market in India, employment opportunities for at
least 20 million adult unemployed workers would be
increased. 151

According to The World Fact book of the CIA, accessed on February 19, 2009, the
unemployment rate (estimated) of Pakistan is 7.4%. No doubt, it is a high percentage of
unemployment and shows upward trends compared to the figures of previous years.
‘Pakistan Economic Survey 2007-08’ reveals that the unemployment rate in Pakistan was
5.2% in 2007-28 and 6.2% for the year 2006-07. Shandilya and Khan also share in their
study, that child labour is a potent variable for prevalence of unemployment of adults, and
if the problem of unemployment is alleviated, then child labour can also be overcome.
 94
e) Weak or Ineffective Social Protection System
It is the responsibility of the government to develop a responsive, effective, and
efficient social protection system, which overcomes many socio-economic problems of the
people. In Welfare States like Sweden, Norway and Denmark, social protection systems
provide unemployment allowances and insurance mechanisms to people which shield
them from numerous social and economic problems. On the other hand, Pakistan, like
other Third World countries, does not have any social protection system. It is pertinent to
mention that Pakistan’s budget allocation for its social protection system is not enough to
match its deplorable social structure. The Government does not give unemployment
allowances and social security support to its people.
Pakistan’s banking system is also not client-friendly. It charges high interest rates
on loans. Its mechanism of loaning is lethargic and complicated. This discourages people
from initiating self-employment and other business activities in the country. Poor people
do not have such support from the government or from the banking mechanism.
Consequently, their life becomes a constant struggle. They do not have any option but to
use their children to tackle economic problems.
Another aspect of the social protection system is worth mentioning. The
government hardly provides shelter-homes, orphanages and vocational centres to the
children who are victims of some social problems or natural disasters. Numerous children,
who are somehow separated from their families, do not find sufficient shelter-homes or
rehabilitation centres and eventually become child labourers.

f) Reluctance of Government’s Agencies to Alleviate Child Labour

It has been noted that in a country like Pakistan responsible agencies and
departments are either reluctant, or lack in commitment to enforce laws for the prohibition
of child labour. The reason behind it is that neither is the government serious about the
issue, nor are local people keen to eliminate the practice of child labour. It is a fact that
laws against this practice are there, but the majority of people are unaware of them. There
is hardly anybody who complains about the violation of children’s rights. And if some
cases are registered, the procedure of trials is so lengthy and complex that rarely anybody
gets justice in time. It makes the complainant disinterested and demoralized which actually
encourages the violators of children’s rights. These instances show that the government’s
agencies and departments are neither serious, nor committed to ending child labour.
 95
Consequently, it is increasing with the passage of time. This has exposed all claims of the
Government regarding child labour.

g) Migration from Backward or Rural Areas to Cities

People of backward and rural areas have always been fascinated by the life-style
and facilities of big cities. They are generally either underpaid or not paid for their
physical input in the areas they belong to. In pursuit of better opportunities for progress,
they leave their native places and march towards cities. They are unskilled or untrained
workers and only suitable for menial jobs or extremely crude and hard working jobs
available in cities. As compared to their native areas, they get better remuneration that
encourages them to bring their family-members to cities, and engage them in different jobs
to earn more money. Due to these attractions, rural-urban migration becomes a common
practice.
It is now widely accepted proposition that influx of people
migrating to the cities is increasing on unprecedented scale
day by day. The cross over to the cities is because of the
absence of employment opportunities in the villages on one
hand and tremendous pressure on land on account of
population explosion on the other. 152

It is also a fact that children have more job opportunities than adults in the cities
because they are more suitable to do menial jobs. Thus, parents send their children to
labour because it supplements their income. As one family does it and resultantly
enhances its income, it becomes a precedent for others to follow. Consequently, this
practice has become common, and thus, has intensified child labour as well as migration.
Child labour is the net result of this kind of migration.

h) Social and Cultural Attitude

Child labour is a familiar practice and has become part and parcel of the social and
economic setting of Pakistan. The People of Pakistan are generally not very conscious of
the rights of children and take this practice very lightly. Though some people criticize it in
their conversation, but they themselves have child-servants in their homes and workplaces.
This double-standard of the people is not at all useful to root out child labour. The problem
of child labour cannot be tackled unless and until behaviour and approach of the people
changes in a positive manner. The study of Bimal Kumar in the lock-making industry of
Aligarh, India, shows the approach of parents towards children:
 96
Majority of children join this work because other members
of family were engaged in this work. The practice of
sending children to work in lock-making industry or other
metal works was widely prevalent in Aligarh. Most of the
adult members of child workers households had also started
to work in their childhood. That is, it was the part of their
work culture and life system to engage children in work. 153

People have to play their role and they should discourage it not only in words but also in
deeds. Parents do not realize the consequences of child labour and push their children into
this quagmire. Kumar supports it in these words: “The first problem was that local
residents were not interested in banning of the child labour. Therefore, law enforcing and
labour supervisory staff did not get any cooperation from local people. Thus situation
becomes more complicated.” 154

i) Accident or Illness of Breadwinner

In Pakistan’s weak economy, majority of the families live from hand to mouth and
hardly have reserves to sustain any critical situation like chronic illness, joblessness, loss
in business or any accident met by breadwinner. It is noted that by and large, families have
a single breadwinner in the shape of the father. In case he is unable to earn, the family
confronts a critical situation. Sometimes, they do not have any support from the
government side or social protection system.
It may also be a family crisis, such as sudden
unemployment or illness of the bread-winner. In such
situations, parents may consider that temporarily
withdrawing a child from school to help the family in crisis
is a legitimate response. In reality such a move often leads
to the end of the child’s education and early entry into child
labour. 155

These eventualities can happen in life but poor families, when they are caught in
such situations, are caught in a vicious circle. For them, it is quite difficult to come out of
the dire situation and, consequently, they use their children to earn and to feed the family.
It is noted that once a child enters the mechanism of labour to earn money, he has bleak
chances to go to school.

j) Drug Addiction and Immoral Habits of Breadwinners

In certain cases, where the father is the only breadwinner and becomes a drug
addict or a victim of some other immoral habit, then he starts ignoring his responsibilities
towards the family. When the father does not bear the expenses of the family, in certain
 97
cases he leaves the house or disappears for some time. As a result, the mother becomes
helpless and resource-less. Generally, such mothers do not possess any skill and
qualification to undertake some reasonable economic pursuits, they can only work as
servants in houses. Since they have to look after their own houses and children, they have
limited time or no time to do work themselves. The immediate victims of this situation are
the children whose schooling ceases due to economic constraints, and mothers send them
to labour to run the household.

k) Natural Disasters or Calamities

Natural disasters like earthquakes, floods, cyclones, droughts, and tsunamis have
affected a number of countries in the world. When such incidents take place in the poor
countries, they become more unstable and economically weak. In the aftermath of these
calamities, the vulnerability of children increases manifold in those countries. In Sri
Lanka, Pakistan, Bangladesh, Indonesia and Ethiopia, it has been documented that a
number of children either lost their parents or got separated from their families and, then,
entered the labour market to keep themselves alive. Because of their vulnerability, they are
also abducted and used for illegal and immoral activities. After such disasters, the
importance and need of a coping mechanism for surviving families and children was felt.
Natural disasters bring miseries for people in general, but children are the most affected
segment because they need shelter and nurture.

l) Political Crises
Sometimes, political issues have caused strikes, violence, rallies, armed-conflicts,
civil wars, and terrorism which pave the way for political and economic instability of the
country. Prolonged political crisis perpetuate poverty, unemployment and mass migration
which are generating factors of child labour. In Vietnam, Mozambique, Rawanda and Sri
Lanka, children have also been used in armed conflicts. Afghanistan’s political crisis,
which actually began in 1979 and eventually turned into an armed conflict, forced millions
of people to migrate from Afghanistan to Pakistan leading them to a life of penury.
This is the ‘sudden poverty’ that occurs when a family that
is generally faced with an unexpected event that makes it
suddenly or temporarily unable to meet its daily needs. This
event may be a national or local event that affects large
numbers of families, such as an economic crisis, natural
disaster or outbreak of conflict, all of which disrupt the
world of work and make earning an income more difficult.
 98
It may also be a family crisis, such as sudden
unemployment or illness of the breadwinner. 156

It has been observed during the survey that most child scavengers are of Afghan
origin. Their parents migrated to Pakistan after political crises which turned into prolonged
armed conflict in their homeland. Political instability often hampers long term and
medium term planning. People lose confidence and foreign investors stop investing in the
affected country. This happened in Pakistan, Afghanistan, Mozambique, Rwanda and
Bosnia. Political conflicts pushed these countries into a quagmire of problems. Political
instability mostly brings economic instability and then a noticeable increase of poverty as
well as child labour takes place. Due to political crises, the machinery of a government
becomes dysfunctional and stops growing. As a result, problems like price-hike, poverty,
inflation and unemployment take place which stimulate child labour. June Kane explains
in a publication of the ILO: “All these contribute to child labour, as do trigger factors that
increase a child’s vulnerability to exploitation, such as armed conflicts or natural
disaster.”157
Prolonged political conflicts not only affect economy of a country but also the
earnings of poor families who already have scare sources of income. In an aggravated
situation, they either go for begging or indulge in some illegal and immoral activities to
fight hunger. It is worth mentioning that children have been excessively used by the
affected families for income generation. Children then become a source of their survival.

m) Globalization and Market Realities

In addition to poverty, illiteracy, and unemployment of adults, child labour is also
an outcome of market realities of the current age. Employers, producers and factory
owners want to compete in the national and international markets and wish to secure their
profit. Therefore, they try to bring down the cost price of their products and, for that
matter, hiring of children is one of the practical options available to them.
Children are seen as cheap labour, not only because they
can be paid less and exploited more easily but also because
they are less likely to claim the rights that all workers
should have: to appropriate remuneration, fair conditions of
work, social security and time off. 158

After globalization, an intense competition among the producers and sellers is on the rise.
The poor countries having weak infrastructure, and also lagging behind in technology, are
not in a position to compete with advanced countries in international markets. In order to
 99
reduce their cost price, the producers hire children who are easily available at cheap rates
in the market of Third World countries. According to June Kane: “Child labour is also
sadly a result of market realities that see producers, company owners and others who
employ labour cutting corners to keep down costs to remain competitive or indeed simply
to increase profits.” 159

n) Social and Cultural Taboos

Every society has particular traditions and customs, and people keep on following
them. Often people become more sensitive to these customs than about laws of the land.
Due to a very low literacy rate and conservative mentality, by and large, Pakistanis are
known for their rigid social, cultural and religious bent of mind.
i. Single Bread Winner of Family
Mostly, the father is the custodian and is supposed to earn to feed his family and
run the household. Traditionally, female members of a family are not encouraged to work
support a family in Pakistan. It is also observed that in many cases, even adult male
members are reluctant to undertake any economic activity and remain dependent on the
income of the head of the family. It is quite obvious that when only one person earns and
the whole family depends on him, neither can poverty be reduced, nor can living standards
be improved. If earning is moderate, then poverty is the natural outcome. So, this social
custom does not encourage all adult members of a family to earn. The limited income
cannot sustain the increasing expenditures. Thus, it stimulates and perpetuates poverty,
which generates several problems including child labour.
ii. Pride in Having Large Family
People feel more secure and strengthened when they have large families. It is an
inferiority complex which emerges when economic insecurity prevail in the social
environment. Many people in Pakistani society produce more children with a feeling that
in their old age and during difficult times, their children will look after them. The average
size of a family in Pakistan is quite large, and as such, rated among the highest in the
world. Findings of an empirical study on ‘Child Labour of Auto Repair Workshops of
Lahore’ also reveal that “more than (78%) respondents belonged to families which consist
160
of six to eight family members.” According to the Census report of Pakistan, “The
161
Average household size for Pakistan as a whole is 6.8 persons in 1998.” After
producing a large family, the poor head of the family becomes unable to bear the
 100
expenditure, and eventually confronts poverty which forces him to use his children to
supplement the income to run the household.
iii. Baby-Boy is preferred over Baby-Girl
Another reason of large family size in Pakistan’s culture is the preference for a boy
over a girl child. Having boys is always considered a matter of pride and strength for
parents. In pursuance of a son, many parents end up with large families. In numerous
cases, the reason for having a large family is the wish to have a boy. Daughters are taken
as a liability and no future benefits are associated with them. On the other hand, sons have
a social as well as economic value, and they are considered as future security for old
parents. Unlike daughters, they are supposed to stay with parents after marriage.
In many cases, if one wife does not bear a son, the husband gets another wife.
Although polygamy is not very common in Pakistan, yet in some rural areas of Khyber
Pakhtunkhwa, Sindh and Baluchistan, it is not taboo. In such areas, the culture is
supportive to males who have more than one wife. Indeed, it stimulates high population
growth rates and a large family sizes. Moreover, polygamy generates family disputes and
unrest, and badly effects the environment of a house. These disputes end up with divorce
or separation of parents which is quite dangerous for children’s future.
iv. Joint Family System
In many cases, joint-family system has been found to be the root cause of dispute
between spouses, and leads to their separation or divorce. In Pakistan, a large number of
people live under the joint-family system because they are unable to shoulder the
economic burden of their own family unit independently. The pressing economic
obligations force them to live in a joint family system even at the expense of their
matrimonial problems. In such cases, when a wife is separated from the husband or joint
family, she does not have any other option except sending her children to labour to fight
out hunger.
v. Lack of Recreational Facilities
In Pakistan’s socio-political set up, people generally do not have much recreational
facilities. They usually confine themselves to their homes after their daily engagements.
Even at their homes, people do not have other attractions accept watching television which
becomes monotonous after a while. Lack of recreational facilities in and outside their
homes make the married couple prone to have more sex and ending up producing more
children. Due to illiteracy and lack of awareness, most of them are not much familiar with
the use of contraceptives for birth control.
 101
vi. Islam and Family Planning
162
“96% population of Pakistan is Muslim.” It is understood, that Islam does not
encourage small family size and family planning. At the same time, successive
governments in Pakistan showed a lukewarm approach to educate and make the people
aware of family planning because of the fear of alienating the religious elite. The
combination of scarcity of recreational facilities and religious presumptions have resulted
in a high population growth ratio and large family sizes.

3.5 Kinds of Child Labour

In a broad sense, child labour can be divided into two major categories, rural and
urban. In both the categories, there are numerous kinds and shapes of child labour. As far
as statistics are concerned, these various kinds of child labour can further be placed in the
‘formal sector’ and the ‘informal sector’. The formal sector of child labour exists in both
rural as well as urban areas. This sector includes industry and those establishments which
work in proper manner and have documentations about their working conditions and
employers. They observe, to some extent, government policy, including rules and
regulations regarding labour and working conditions. Moreover, they keep records of their
workers, wages, timings and other matters. By going through the records of such
industries or establishments, one can obtain and data about most of the aspects required for
any study.
As far as the informal sector is concerned, it is the fastest growing sector and is
extensively available in rural as well as urban areas. It is very difficult to have a reliable
estimate of its magnitude. It consists of temporary as well as permanent nature of small
and medium establishments working mostly without formal registration and permission of
the government’s agencies. They generally do not follow rules and regulation regarding
child labour. Moreover, they do not maintain any record regarding their operations,
timings and wages of workers. The children engaged in small factories, village farming,
family-crafts, small or roadside restaurants and hotels, shops, workshops and houses
belong to this sector. According to Anees Jillani:
Because of their small size these are easy to shift and
conditions of employment such as working hours and
wages are arbitrarily fixed by the employees. Because of
excessive supply of child-labour, the competition is intense
and wages are very low. 163
 102
Domestic and cross border smuggling of children, in which people use them for
some immoral and inhuman activities like beggary, pornography, molestation and camel
jockeying, also fall in the Informal Sector. In some Third World countries, children are
used for military and guerrilla warfare purposes which also belong to the same category.
There are some kinds of child labour of the Informal Sector where children have not been
hired by employers, but they are self-employed to earn livelihood. This category is quite
visible in urban areas as children provide different services like car-cleaning, shoe-shining
and selling different items like newspapers, pens, toys, calendars, etc., along road-sides
and in markets. Another category of child labour of the Informal Sector is scavenging
which has been growing quite rapidly in cities.

3.6 Magnitude of Child Labour

The fact cannot be denied that child labour exists in most countries of the world.
The conditions and magnitude of child labour highlight the difference making a minor or a
major problem of the nation. Even the developed countries are not entirely free from this
phenomenon. However, the proportion of child labour is high and conditions are quite
deplorable in most developing countries of Africa and Asia. According to a report ‘A
Future without Child Labour’ released by the ILO on June 12, 2002 on the important
occasion of the World Day Against Child Labour, reveals:
246 million children, one in every six aged 5-17, are
involved in child labour. Some 179 million children aged 5-
17, one in every eight in the world, is still exposed to the
worst forms of child labour, which endangers the child’s
physical, mental and moral well-being. 164

There is another estimate about the magnitude of the child labour in the world:
As per an estimate of UNICEF, some 50 million to 60
million children between the ages of 5-11 are engaged in
intolerable forms of labour. While 250 million children
between the age of 5-14 are economically active to survive
in this world. The ILO estimates that over 50 million
children under age 12 worked in hazardous circumstances
for living. It also estimates that domestic work is the largest
employment category of girls under age 16 in the world.
The majority of child domestic workers tend to be between
12 and 17 years old but some field surveys have identified
children as young as 5 or 6 year old. 165

It is interesting to note that even the contemporary super-power, the USA, having the
biggest economy of the world, has not wiped out the phenomenon of child labour:
 103

In the USA alone, some 300,000 children work as hired

labourers on commercial farms, working under dangerous
and graveling conditions. Child farm-workers in the US
work long hours for little pay and risk pesticides,
poisoning, illness and life long disabilities. 166

If one takes a bird’s eye view of other countries of the world, it is found that most of the
countries are not free from the problem of child labour:

In Turkey, about 38% of children between the ages of 12

and 14 are working similarly, in Columbia, 40% of children
under age of 14 years are found working. A survey
undertaken in 1982-83 in London, Luton and Bedfordshire
revealed that about 40% of Britain school-age children, 11
or 12 year, were employed outside the homes in part time
jobs, other than baby-sitting, running errands or other
unregulated jobs. 167

It is pertinent to mention that child labour in developed and developing countries has great
dissimilarities in causes, conditions, wages, treatment and effects. However, there are
some common points which can be identified to juxtapose child labour in developed
countries with child labour in the developing countries.
The magnitude of child labour in Pakistan is still a debatable issue. The estimates
of official and independent institutions vary. However, it is essential to find out the actual
magnitude of the subject-population if this problem has to be addressed. A survey of the
ILO presents:

Some 250 million youngsters in the developing world often

work in exploitative and hazardous conditions, face injury,
illness and even death. 61% of them are from Asia and
about 3.3 million are in Pakistan. 168

It is pertinent to note, “the highest population of child labour, 153 million, is found in
169
Asia.” Africa and Latin America, including the Caribbean and Oceania, have 67, 17,
and 0.5 million child labourers respectively.
 104
Figure 3.3 World Wide Division of Child Labour

17 0.5

67

153

Asia Africa Latin America & Caribbean Oceania

The Federal Bureau of Statistics (FBS), Government of Pakistan, released figures in 1996,
which say: “… out of 40 million children between 5-14 years of age, 3.313 million were
170
engaged in economic activities on a full time basis.” Quoting the figures of the FBS,
the Ministry of Labour, Manpower and Overseas Pakistanis of the Government of Pakistan
wrote in its ‘National Policy and Action Plan to Combat Child Labour’:

Out of 3.3 million of these working children, 73%

(2.4million) are boys and 27% (0.9 million) girls. The
provincial distribution indicates that the volume of child
labour in Punjab is 1.943 million, being 60% of the total
child labour in the country. The incidence of child labour
for NWFP, Sindh and Baluchistan is 1.058 million, 0.298
million and 0.014 respectively. 171
 105
Figure 3.4 Province Wide Distribution of Child Labour in Pakistan

0.014
0.298

1.058

1.943

Punjab NWFP Sindh Baluchistan

The figures of independent institutions and Non-Governmental Organizations

(NGOs) differ from the data gathered by the government’s agencies concerning the
magnitude of child labour in Pakistan. According to them, the official figures of 3.3
million about child labour are under-estimated. It is pertinent to mention here that in the
estimate of the FBS, a ‘child’ has been defined as ‘a person who is below the age of 14
years’ which is lower than the age of a child defined in the UN ‘Convention on the Rights
of the Child’ (CRC) and the International Labour Organisation (ILO) Convention-182.
Both of the conventions identified ‘child’ as a youngster below the age of 18 years. It is
worth mentioning that both have been ratified by Pakistan. That means that the real
proportion of child labour in Pakistan would be much higher than what the FBS had
estimated. According to the FBS, total children (below the age of 14 years) are 40.03
million and out of them 3.313 million are economically active and if the CRC’s definition
of a ‘Child’ (below 18 years) is applied, then the total population of children would rise to
68.2 million in Pakistan. By using the simple ‘Unity Method’ of Mathematics, it has been
determined that the population of economically active children (below the age of 18 years)
would be 5.64 million. The projection presents a difference of 2.34 million children who
are economically active and have not been accounted for in the official estimate of child
labour in Pakistan.
According to the SUDHAAR, an NGO for children’s rights, “The unofficial
estimates and micro studies by different NGOs place the number of child labourers
 106
172
between 8-10 million.” It explains that “The growth rate of child labour in Pakistan is
yet to be calculated. All observations and economic indicators point out that its population
and growth ratio is increasing day by day. Its percentage and spreading ratio is highest in
173
South Asia”. It further argues and tries to establish that the figures given by the FBS
are not reliable:
Another brochure by the Federal Ministry of Labour,
Manpower and Overseas Pakistanis released in 1996
estimated child labour to be 6.3 million. The labour surveys
up till now have never accounted for children under the age
of 10 years, who are working largely in the informal
sectors. 174

Thus, it is quite evident that the figures of government agencies are not real as far
as the population of child labourers is concerned. It is significant to note that in these
surveys, they have accounted for only those children who are full-time employees and
have left out a big chunk of children who are involved in part-time or seasonal jobs. They
have also overlooked self-employed children and those children who have been working
in houses, shops, workshops and other categories of the Informal Sector. Apart from that,
child scavengers have also not been counted by the official agencies. Although there is a
variety of child labour in urban areas, yet the number of child scavengers is considerably
high as compared to other kinds in the Informal Sectors. It is imperative to have a rational
estimate of child labour generally and child scavengers particularly to gain an insight into
the issue and to redress the problem.

3.7 Effects of Child Labour

Employers generally prefer to employ children because these youngsters do not
have much awareness either about their remuneration or about their rights, which makes it
convenient for the employers to exploit them. In this regard, the findings of a research
undertaken by Sadaf and others reveal: “Children can be easily exploited. They obviously
are unlikely to organize themselves in unions or to complain to the authorities when they
are overworked or under-paid or under-fed”. 175
The places where these children labour are mostly without basic facilities and
protective measures. In many cases, the nature of the job is quite hazardous to their
physical and mental health. These children are not only overworked and underpaid but
also abused and harassed by employees and their senior associates. In fact, high physical
inputs from these children and unhygienic labouring places make them vulnerable. These
 107
conditions keep these children disadvantaged educationally, socially, psychologically,
physically and financially in violation of their rights. In this context, Richard J. Gelles and
Jane B. Lancaster explain in ‘Child Abuse and Neglect’:
The physical or mental injury, sexual abuse, negligent
treatment, or maltreatment of a child under the age of 18 by
a person who is responsible of the child’s welfare under
circumstances which would indicate that the child’s health
or welfare is harmed or threatened thereby. 176

Long labouring hours, overwork, injuries, exhaustion and contact with harmful substances
in some of the categories of child labour, affect badly the mental and physical health and
growth of the subjected-children. Another study undertaken by Chand Raja reveals:
Child-labourers can be called a premature generation. The
job demands more physical and psychological resources
than children have. They grow old (physically and
mentally) prematurely without a normal childhood, starting
work so early, they are on fringes of society and miss both
education and vocational training. 177

It should go without saying that a child who labours has either no education or is at
a low level of education. At the same time, child labour hampers growth and socialization
of children. In this practice, a child-labourer is also deprived of an environment which is
necessary for his vocational training, grooming and normal mental growth. As a result, he
lacks ethics, manners, and confidence. This damage his personality. The research of Saima
Dilawar on ‘Aspirations of Working Children’ reveals that labour has negative
psychological effects on the children. She presents her findings thus: “Working children
have negative attitude towards life and also often do not have high aims and objectives.
They have many anxieties and fears, disturbed and isolated personalities, premature
thinking and usually have conflict of ideas”. 178
A study has been undertaken on Adolescent Development and the Role of Work of
Institute of Medical Staff, Protecting Youth at Work, Health, Safety and Development of
Working Children and Adolescents in the United States are explained as:
Most experts agree that adolescence occupies a crucial role
in contemporary human development for several
interrelated reasons. First, adolescence is a period of
potentially great malleability, during which experience in
the family, school and other settings influence the
individual’s long-term development. To put it most
succinctly, the adolescent experience matters for future
performance. Second, adolescence is a period of
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tremendous variability. It is the time when people’s life
course begins to diverge in important ways, in part because
modern society allows for much diversity and flexibility
during those years. Finally, adolescence is an especially
important formative period, during which many
developmental trajectories become established and
increasingly difficult to alter. Together, the malleable,
variable and formative nature of adolescence make it
crucial. 179

Child labour has multiple negative effects on the subjected-children one way or the other.
Naseer A. Chaudhry quotes the findings of studies which say child labour also affects the
height of a child.
Studies in Japan indicate that children who started work
before they reached 14 years of age were found to be, on
average, four cm. shorter than those who entered into the
labour force after age 18. Malnutrition, anemia (sic.),
fatigue and inadequate sleep make children more
susceptible to infectious diseases. 180

He further explains:

Childhood is the period when the personality is formed.

The physical and emotional stress, combined with the
premature assumption of adult roles with their attendant
physical and emotional abuse, are likely to have adverse
psychosocial effects … .Working children are frustrated,
suffer from role conflicts, earn low wages, and have
negligible educational aspirations. 181

The World Development Report-2007, Development and the Next Generation describe the
negative affects of labour on the children. “It is hard for children to recover from early
setbacks in human development is well recognized.” 182
Conditions of labour generally hamper confidence, self esteem, worth and dignity
of the subjected children. They would have bleak chance to recover from these
deficiencies and would remain disadvantaged. The preceding studies show that labour has
retarding social, financial, physical and emotional effects on children, and also deprives
them of education. The abilities and potential of these children will not be explored. It is
unlikely that they would become useful and productive individuals for the society.
With the passage of time, some new kinds of child labour have surfaced which are
not only deplorable but hazardous also. Scavenging through children is one of them and
due to certain stimulating factors it has been spreading in cities of Pakistan. It has far more
dangerous affects on the subjected children than traditional kinds of child labour because
 109
of the unhygienic and filthy conditions in which it takes place. It is the prime
responsibility of the Government to take appropriate measures to check such kinds of child
labour which bring along multiple problems. Apart from short term they also have long
term effects on the society and can halt its sustainable growth. All claimed measures of the
Government have yet to produce positive results. Poverty, illiteracy, a high population
growth-rate, deploring economic conditions and social and cultural taboos have not been
redressed properly. Furthermore, the absence of a proper strategy is another stimulating
factor for scavenging through children and its speedy growth. So, the Government should
realize the gravity of the problem before it goes completely out of control.
In spite of having a long list of national and international laws and obligations,
Pakistan has not been able to even control the traditional kinds of child labour. On the
other hand scavenging through children which is one of the most hazardous kinds of child
labour has yet to draw attention of the Government.
It is the responsibility of the Government, which works or acts on behalf of the
State to make, amend and execute laws, because it has the authority and the required
resources to implement them in true spirit. As far as Pakistan is concerned, it seems that
inefficiency exists on the part of the Government and its departments as they have yet to
produce positive results in controlling and reducing other kinds of child labour generally
and scavenging through children particularly.
R. N. Gilchrist writes, “Government is the machinery through which the ends or
purposes of State are realized. It exercises sovereign power because it is the organization
183
or practical medium of the sovereign state.” Another Political Scientist Raymond
Garfield Gettell explains the importance of the Government to achieve the set goals in
these words, “Government is the machinery through which the purposes of the State are
formulated and executed and the common interests are regulated and promoted.”184 The
role of the Government is very essential and significant in order to control child labour in
a country. It is an agent of the state which has significant control over legislation and
administration. Indeed, the Government is also responsible for making policies and
strategies, and their implementation in pursuance a better socio-economic life to its
people. It should go without saying that if the Government has the ‘political will’, it can
play a significant role in redressing all kinds of child labour including scavenging through
children.
Although scavenging through children apparently seems to be a social problem, yet
it has economic, cultural and political factors. It requires to be dealt with a multi-pronged
 110
strategy using social, economic and political measures simultaneously. It has been noted in
many cases that half measures or hasty measures prove to be counter productive.

In this regard, unless a comprehensive approach is adopted,

the solution sometimes proves worse than the problem
itself, as happened in Bangladesh where children driven
from garments industry under International pressure ended
up in more hazardous industries. 185

Pakistan is blessed with ample social and natural resources. It showed its potential
in the early 1960s by attaining an exceptionally good economic growth rate, but could not
sustain it. It was unable to exploit its resources properly and dragged itself in the quagmire
of various problems. Despite its international commitments, Pakistan has not overcome
persisting problems like child labour which have been affecting its social and economic
order.
 111

90
B. R. Bhandari, History of European Political Philosophy (Lahore: Economic Front
Publications, 1966), 33.
91
Tapan Kumar Shandilya and Shakeel Ahmad Khan, Child Labour A Global Challenge
(New Delhi: Deep and Deep Publications, 2003), 51.
92
Anees Jillani, Child Labour: The Legal Aspects (Islamabad: SPARC, 1997), xiii.
93
Shandilya and Khan, Child Labour A Global Challenge, 5.
94
Bimal Kumar, Problems of Working Children (New Delhi: A.P.H. Publishing
Corporation, 2000), 51.
95
I.V. George, “From Child Labour to Child Work,” in Child Labour and Child Abuse in
Pakistan, ed. Musa Khan Jalalzai (Lahore: Bookbiz, 2004), 36-37.
96
Shandilya and Khan, Child Labour A Global Challenge, 10.
97
Kumar, Problems of Working Children, 13.
98
Micheline R. Ishay, The History of Human Rights From Ancient Times to The
Globalization Era (Los Angeles: University of California Press, 2004), 165.
99
Nelien Haspels and Michele Jankanish, eds, Action against Child Labour (Geneva:
International Labour Organization, International Labour Office, 2000), 4.
100
Hannah Arendt, The Human Condition (Chicago: University of Chicago Press, 1958),
79-80.
101
I. V. George, “From Child Labour to Child Work,” 28.
102
Ibid., 33.
103
Kumar, Problems of Working Children, 6.
104
George, “From Child Labour to Child Work,” 32.
105
Qindeel Shujaat, “Child Labour: A Vicious Cycle,” in The State of Pakistan’s Children
2006, ed. Fazila Gulzar (Islamabad: SPARC, 2007), 49.
106
Bhagwan Prasad Singh and Shukla Mohanty, eds., Children at Work-Problems and
Policy Options (Delhi:B.R. Publishing Corporation and Indian Society of Labour
Economics, 1993), 1.
107
R. N. Pati, Rehabilitation of Child Labour in India (New Delhi: S.B. Nangia for Ashish
Publishing House, 1990), 145-146.
108
Haspels and Jankanish, eds, Action against Child Labour, 4.
109
Shandilya and Khan, Child Labour A Global Challenge, 11.
 112

110
Bernad S. Cayne and others, “Child Labour,” in Encyclopaedia Americana, 1987 ed.
460.
111
Ibid.
112
Shandilya and Khan, Child Labour A Global Challenge, 23.
113
Lauren S. Bahr and others, “Child Labor” in Grolier Academic Encyclopaedia, 1991
ed, 350.
114
Tariq Masud Durrani, “Child Labour in Lahore” (M.A. Thesis Lahore: University of
the Punjab, Sociology Department, 1957), 1.
115
Naguibullah Malik, “Labour and Manpower, Government of the Punjab” in Campaign
Against Child Labour, Workshop (Lahore: Avari Hotel, September 9, 2000.
116
Ishay, The History of Human Rights, 166.
117
Ibid., 167.
118
Shandilya and Khan, Child Labour A Global Challenge, 2.
119
Ibid., 64.
120
Ibid., 3.
121
Ibid., 87.
122
Kumar, Problems of Working Children, 5-6.
123
Amartya Sen, Poverty and Famines: An Essay on Entitlement and Deprivation (New
York: Oxford University Press, 1981), 11.
124
June Kane and others, Child labour in Asia and the Pacific Progress and Challenges,
Report prepared by Regional Office for Asia and the Pacific, Bangkok, (Geneva:
International Labour Organization, 2005), 4.
125
Ibid.
126
Pati, Rehabilitation of Child Labour in India, 268.
127
Shandilya and Khan, Child Labour A Global Challenge, 5.
128
Fawad Usman Khan, Training Manual on Child Labour for NGOs (Lahore: 1999), 39.
129
Government of Pakistan, National Policy and Action Plan to combat Child Labour
(Islamabad: Ministry of Labour and Overseas Pakistani, 2000), 13-14.
130
The Daily Times, Lahore, 14 February, 2009.
 113

131
World Development Report 2007, Development and the Next Generation (Washington,
DC: World Bank, 2006), 91.
132
The Daily Times, Lahore, 14 February 2009.
133
Ibid.
134
Shandilya and Khan, Child Labour A Global Challenge, 35-36.
135
Singh and Mohanty, eds., Children at Work-Problems, 64.
136
Shandilya and Khan, Child Labour A Global Challenge, 65.
137
Ibid., 67.
138
List of countries by population,
http://en.wikipedia.org/wiki/list_of_countries_by_population#list (Accessed July 19,
2008)
139
Javed Ahmed, ed., Pakistan’s Political, Economic and Diplomatic Dynamics (Lahore:
Studio 4 Communications, 2002), 42.
140
1998 Census Report of Pakistan (Islamabad: Population Census Organization, Statistics
Division, 2001), 97.
141
Shandilya and Khan, Child Labour A Global Challenge, 14.
142
Kumar, Problems of Working Children, 14.
143
Ibid., 51.
144
Ibid., 14.
145
Shandilya and Khan, Child Labour A Global Challenge, 14.
146
Usman Khan, Training Manual on Child Labour for NGOs, 39.
147
Jawad Ullah, “Labour Through Life,” The Nation, Lahore: 24 November 2002.
148
Government of Pakistan, Federal Bureau of Statistics Report (Islamabad: Federal
Bureau of Statistics, 2000), 128.
149
Kumar, Problems of Working Children, 15.
150
Kane and others, Child labour in Asia and the Pacific, 4.
151
Shandilya and Khan, Child Labour A Global Challenge, 65.
152
Ibid., 155.
153
Kumar, Problems of Working Children, 50.
 114

154
Ibid., 132.
155
Kane and others, Child labour in Asia and the Pacific, 4.
156
Ibid.
157
Ibid., 5.
158
Ibid., 4.
159
Ibid.
160
Khalid Manzoor Butt, “Child Labour: A Case Study of Auto Repair Workshops of
Lahore: Role of Government” (M. Phil., Thesis, Lahore: Government College University
Lahore, Department of Political Science, 2003), 65.
161
1998 Census Report of Pakistan (Islamabad: Population Census Organization, Statistics
Division, 2001), 97.
162
http://en.wikipedia.org/wiki/Pakistan#Religions (Accessed 12 March 2010)
163
Jillani, Child Labour, xvi-xvii.
164
Dawn, Lahore, 12 June 2002.
165
Muzaffer Rizvi, “Curbing Child Labour”, The Nation, Lahore: 24 February 2003.
166
Jawad Ullah, “Labour Through Life” The Nation, Lahore: 24November 2002.
167
Musa Khan Jalalzai, (ed.) Child Labor and Child Abuse in Pakistan (Lahore: Bookbiz,
2004), 17.
168
Rana Rizvi, “Child Labour: An Indiscernible Cage” The News, Lahore: 14 May 1998.
169
National Policy and Action Plan to Combat Child Labour, 13.
170
Ibid., 17.
171
Ibid., 14.
172
SUDHAAR, Preventing Child Labour in Sialkot: Opportunities and Challenges,
Education Programme, Annual Report (Sialkot: SUDHAAR, 1998), 1.
173
Ibid., 17.
174
Ibid.
175
Sadaf and others, “Child Labour in Auto workshops in Lahore City” (M.A. Thesis,
Lahore: University of the Punjab, Social Work Department, 1993), 19.
 115

176
Richard J. Gelles and Jane B. Lancaster, Child Abuse and Neglect (New York: Aldine
De Gernyter, 1986), 19.
177
Chand Raja, “Child Labour: An Exploratory Study of Fifty Children in Auto Repair
Workshops” (M.A. Thesis, Lahore: University of the Punjab, Social Work Department,
1983), 2.
178
Saima Dilawar, “Aspiration of Working Children” (M.A. Thesis, Lahore: University of
the Punjab, Sociology Department, 1997), 7.
179
A Study of Institute of Medical Staff (USA: National Academies Press, 1998), 110-112.
180
Naseer A. Chaudhry, “Working Environment of the Girl Domestic Servants in 16
Localities of Lahore 1995” in Child Labour and Child Abuse in Pakistan, ed. Musa Khan
Jalalzai (Lahore: Bookbiz, 2004), 222.
181
Ibid., 222-223.
182
World Development Report-2007, Development and the Next Generation, (Washington,
DC, 2006), 26.
183
R.N. Gilchrist, Principles of Political Science, (Madras: The Subhodaya Publications
Ltd., for Orient Longmans Ltd., 1948), 23.
184
Raymond Garfield Gettle, Political Science (Calcutta: the World Press Pvt. Ltd., 1956),
24.
185
Government of Pakistan, Pakistan Combating Child Labour (Lahore: Export Promotion
Bureau, n.d.), 2.
 111

Chapter 4

From Human Rights

To
Children’s Rights
(Through Prism of History)
 112

4.1 Evolution of the Concept of Human Rights

The topic of the study is ‘child labour in human rights perspective’. In the
preceding chapter, Child Labour and its other aspects are discussed at length for the sake
of clarity about the phenomenon. To satisfy the quest for research it seems appropriate to
grasp the concept of human rights. Until the concept of human rights is not understood, the
phenomenon of child labour cannot be evaluated in human rights perspective and the topic
under study will remain inconclusive. The development of Human Rights as an episteme
is an outcome of modernity. With World War II drawing to a close in 1945, leaving
behind an unprecedented loss of life and property, the need for such an institution like the
United Nations was felt as never before, not only to ensure peace, but also to guard against
human rights violations. In the post World War II era, concern for human rights acquired
salience as a fundamental norm, particularly in all democratic polities. To notch up the
stage where human rights are hailed as a sine qua non for any civilized society, it took not
centuries but millennia. Simply, the concept of Human Rights has evolved over a long
period of time. Many currents and cross-currents contributed to the development of the
concept. Exploitations, human suffering in the events of bloody wars, social and economic
inequality, all played a role in the evolution of human rights as a concept. However,
contributions of different cultures, civilizations and religions cannot be ruled out. It is a
fact that people had been striving since times immemorial to get relief and liberties one
way or the other from the usurpers of their rights.
The right of life, belief, liberty, dignity, property, peace and justice form the
essential underpinning for human rights. During the ancient and the medieval age, right to
life, right of belief, right of property and right of justice had been considered as
fundamental rights. Many instances can be traced from the annals of history wherein
struggles against discrimination were launched by some people. The case of Spartacus
provides an ample testimony to such struggle. Such struggles must have been waged in
many cultures and countries. As far as equality is concerned, women and slaves of almost
every society and age, till the 20th century, had been treated as inferior and subordinate.
Put together, both the segments constituted the majority of the population.
Gender equality was a distant dream in the male-oriented history of human society.
Consequently, political, social, cultural and economic systems were designed in such a
way as to place women in an inferior position. For ages they were psychologically,
socially and economically dependent on men so that they had to adjust themselves to the
 113
system and hardly strived for the equal status with men, even much after the Age of
Enlightenment.
If the history of ‘Human Rights’ is to be traced, one has to start with the Code of
King Ur-Nammu of Neo-Sumerian civilization which was the first known civilization of
Mesopotamia. The code of Ur-Nammu is the oldest known table containing a law code
available today. The New Encyclopaedia Britannica, says, “His code, dating about 2100
BC, dealt with witchcraft, the flight of slaves and bodily injuries.” 186 It further mentions:
A more ample vestige of Sumerian law is the so-called code
of Lipit-Ishtar (c.1934-24 BC) which contains the typical
prologue, article and epilogue and deals with such matters as
the rights of persons, marriages, successions, penalties,
property and contracts. 187

After Ur-Nammu another important milestone in the history of Human Rights is

the rise of another Semitic tribe called the Amorites in Mesopotamia under King
Hammurabi a round about 2000 B.C. Micheline R. Ishay writes in her book History of
Human Rights from Ancient Times to The Globalization Era:

The rules contained in Hammurabi’s code have a far-

reaching influence in this respect. Aiming at ensuring the
integrity of the judiciary, they called for removal of corrupt
judges. There were also laws against calumny: if a person
were wrongly accused, the accuser would suffer the
punishment that would have been inflicted on the accused.
Yet the most important contribution of Hammurabi’s laws
resides in the notion of progressive justice, illustrated by the
talion principle “eye for eye, tooth for tooth”. 188

It is a fact that throughout history mostly weak segments of the society like the women,
the poor and the slaves have been mal-treated, exploited and victimized. During
Hammurabi’s period, however, these segments got certain rights and were generally
respected by society and the government. Hammurabi’s period is known for its humane
governance. Prevalent laws on different social and moral matters were indicative of the
fact that the ruler was interested in giving a secure and peaceful life to his people. To some
extent, he wanted to respect rights of people, particularly, of the weaker segments of the
society. “Hammurabi’s letters to governors and princes confirm that the King took pains to
189
preserve the interests of the weak and the helpless.” Social ailments like scavenging
cannot strike roots in such a society where human rights are respected.
 114
Achaemenid Empire of ancient Iran is regarded as one of the oldest empires where
prototype of Human Rights had some traces. “In October 539 BC, the greatest city of the
ancient world [Babylon] fell to the Persians.” 190 After the conquest of Babylon, he issued
191
the ‘Cyrus Cylinder’. Many historians accept it as the first document containing
principles of Human Rights. According to the Cylinder, people of the empire were allowed
to practice their religions or faiths without any restriction. It put on hold the centuries old
institution of slavery and introduced system of paid-workers to construct different palaces
and forts of the king. Hence, the exploitation of slaves was lessened to a substantial extent.
Cyrus is famous for freeing the Jewish captives in Babylonia
and allowing them to return to their homeland. Cyrus was
also tolerant towards the Babylonians and others. He
honored Marduk and conciliated the local population by
supporting local customs and even sacrificing to local
deities. 192

It is pertinent to mention that the Cylinder also epitomised the protection of the rights to
liberty, security, freedom of movement, the right of property and the protection of
economic and social rights. In the Empire, adherents to all religions and ethnic groups
were granted equal rights without any discrimination.
Most religions espouse certain rights to the people and none of them encouraged
killing, cheating, stealing and mal-treating others. The main objectives of almost every
religion are to respect life, honour and protect the possessions of the people and to provide
them a peaceful life. An effort was made in establishing an egalitarian society where
people have trust in each other.

It is well known that the Hebrew Bible demands adherence

to the commandments. Thus “thou shall not kill” implies the
right to secure one’s life, just as “thou shall not steal”
implies a right to property. 193

In spite of the fact that religions accorded certain rights to the people yet equal status to
women and slaves could not be esured by any of them. “For instance in Judaism the
Hebrew Scriptures condemned women and identified them for the eternal Devine curse. It
says, of the women came the beginning of sin and through her we all die. 194
In ancient Hinduism, people were given certain rights in the society, although
some discriminatory soft laws were in vogue for the upper class of Brahmins:
Though there were different punishments for civil and
criminal charges, the Arthashastra includes no application
of the talion law. With the exception of the Brahmins,
 115
people might be sentenced to death (with or without torture)
not only if they committed murder or treason, but also if
they robbed (more than ten cattle), stole the king’s property
or a soldier’s weapon or damaged water works (as a result of
a scuffle or a dispute). For lesser crimes, ‘mutilation’ and
‘money penalty’ were in order, but there was no “eye for
eye, bruise for bruise” punishment corresponding to one’s
offence. 195

This system gave the right of life and property to the people. Moreover, special attention
was given to minors, the senile, the ill, the poor, the disabled and pregnant women.
In Hinduism, the importance of animals and the environment
is far more pronounced. Indeed, one can find extensive
references in the Vedas and other authoritative texts, such as
the Arthashastra, to regulations against cruelty to animals
and for general protection of wildlife. 196

A humane streak had existed in Hinduism; it also seeks protection for wildlife and
environment. However, this subject came into focus in the 20th century. “The Hindu
tradition offers more pervasive constraints on recourse to violence than one finds in the
Old Testament. The ideal of ahinsa, “non-injury” or the absence of the desire to harm is
197
regarded as one of the key notes of Hindu ethics.” It demonstrates that the ancient
Hindu religion and ethics discouraged violence and professed respect for life and physical
security of people. Simultaneously, however, they kept women on an inferior status like
other religions, and divided society into different classes. The upper classes used to treat
the lowest class “Shudras”, like slaves or subjects who were meant to serve them.
Buddha (563 BC – 483 BC) introduced a new religion, Buddhism, which had some
similarities with Hinduism. It was known for its soft, peaceful and tolerant approach
towards others. In Buddhism, the people are exhorted to avoid violence and foster
harmony and peace in the society. It instructed people about the value of life and morality,
which are essential for the peaceful society.
Basic universal Buddhist moral tenets of conduct: abstain
from killing, abstain from stealing, abstain from un-lawful
sexual inter-course, abstain from lying and abstain from use
of intoxicants. With the exception of the last, these creeds
are similar to the commandments invoked in the Decalogue:
thou shall not kill, thou shall not steal, and thou shall not
covert thy neighbour’s wife. 198
 116
In the modern age, it is accepted that war includes great violations of Human Rights and
brings suffering to people. It is interesting to note that more than 2000 years earlier,
Buddhism discouraged war because it would increase problems of the people.
The Buddhist understanding of war shows clear similarities
with Hinduism. The injunction not to kill or injure any
human, animal, or insect reflects the pacifist Buddhist
attitude. Warfare is depicted as self-defeating, since,
according to the Buddha, “[V]ictory breeds more hatred, the
defeated lives in pain; the peaceful person lives happily,
giving up victory and defeat … . The slayer gets a slayer in
return. The conqueror gets one who conquers him.” 199

About two hundred years after the death of Buddha, King Ashoka, followed his
teachings and tried to implement them in India. He preached and promoted co-existence
and tolerance and gave rights to the people, and allowed them to practice any religion or
faith of their choice. Under Asoka, India was known as a kingdom of peace and prosperity
where people were happy because policies were made to serve people and not to rule
people. In this regard, O. P. Chauhan writes about Ashoka, “After his brutal conquest of
Kalinga in 265 B.C. … he adopted Buddhism … during his reign, he pursued an official
policy of non-violence (AHIMSA), and protection of Human Rights, as his chief concern
was happiness of his subjects.” 200
Confucius (551 BC – 479 BC) was a Chinese social philosopher preaching
sincerity, justice, correction of social relationship, personal and governmental morality and
mass education. His thoughts have been developed into a philosophy known as
Confucianism. He gave priority to humans and wanted to treat people fairly and justly.
One of his well-known principles is, “Do not do to others what you do not want done to
201
yourself”. He intended to give free education to all people without any discrimination.
He wanted to give equal opportunities to women to participate in social and economic life
by getting education. He intended to inculcate tolerance and respect in the minds of the
people, which are considered to be the main ingredient of Human Rights.
Greek philosophers advanced new concepts about political and economic systems.
However, they were a class-ridden society. Equality among human beings had not been a
preferable course of action for them. Women and slaves remained socially and culturally
excluded; hence they did not have any political rights. In the writings of Plato, he wanted
to improve the conditions of women, but at the same time he was reluctant to improve
their social status. “In all phases of training, women must be treated equally with man.
Education is compulsory for both sexes … . The one activity which Plato neglects, as far
 117
202
as women are concerned, is that of office holding and voting.” Plato had a different
stance than other philosophers of his age, as he favoured imparting education and training
to women with men, but at the same time, showed reluctance in speaking our for their
political participation in the state of Athens. Likewise, Aristotle was also not in favour of
improving the status of women and slaves. According to M. Judd Harmon:
Aristotle considers slavery a justifiable, just and natural
institution. As Aristotle puts it: It is thus clear that, just as
some are by nature free, so others are by nature slaves and
for these latter the condition of slavery is both beneficial and
just”. 203

R. Coupland quotes an expression about slaves of one of the greatest philosophers of all
time, in his book The British Anti Slavery Movement, which also reflects his approach, “A
slave, said Aristotle, is “a living tool”. 204
Christianity laid a great emphasis on peace and tolerance. Jesus Christ himself was
a prime example of these principles. He prayed when he was about to be crucified, “Father
forgive them, they know not what they do.” Through love, peace and tolerance, one could
secure the right of life and dignity of people.
Not one must only “love thy neighbour as thyself,” but rules
apply equally to alien and native: “judge righteously
between every man and his brother, and the stranger that is
with him” (Leviticus 19:18 JB; Deuteronomy 1:16-17 JB)
…. Even discrimination against the disabled was castigated
“[T]hou shall not curse the deaf, not put a stumbling block
before the blind” (Leviticus 19:14-15 JB). In the Hebrew
Bible, the same rules of justice apply to a stranger, the poor
and the disabled.” 205

The advent of Islam took place in the 7th century. Before Islam, women and slaves
were treated as inferior. The Prophet Muhammad, Peace be upon Him preached against
the exploitation of women and slaves, and introduced some important reforms regarding
family structure, slavery, rights of women and minorities. It is pertinent to mention that the
Arabic word ‘Islam’ denotes “security”, which is imperative for peace and harmony. The
importance of the right to life has a special place in Islam because without life none of the
rights can be enjoyed.
Of all things of the world, life of man is no doubt the most
valuable. Rights arise because of human life and without
that there can be neither state nor rights. Life is, in fact, a
trust of Allah and it is our bounden duty to preserve it and to
protect it in any circumstances. The right to protection and
security of life is, therefore, the most fundamental human
 118
right and Islam being the religion of humanity has greatly
stressed the sanctity of human life. 206

In the Holy Quran, it is written: “And slay not the life which Allah hath forbidden save
with right. Whose is slain wrongfully, we have given right unto his heir, but let him not
commit excess in slaying. Lo! He will be helped.” 207 This verse of the Holy Quran shows
how much emphasis has been put on the importance of life of a human being in Islam.
“Murder of even one individual without justification will be treated as if the whole
mankind were killed, and the preservation of life of a single person will be taken as if the
whole human race had been saved.” 208 Freedom of religion or faith had remained an issue
in ancient as well as the medieval age. However, Islam gave many rights even to followers
of other religions.
Islam guarantees religious freedom to every individual. In an
Islamic state, every citizen is at liberty to profess and
practice which he chooses. It is the fundamental right of an
individual in an Islamic state to follow any religion and
perform worship and rituals according to his religious
beliefs. The state does not interfere in religious matters and
shows complete tolerance to those who profess and practice
religions other than Islam. … The Quran says: There is no
compulsion in religion (2:256) … . It commands the Prophet
of Islam to tell the non believers: “unto you your religion,
and unto me my religion”. (109:6) 209

Islam also puts great emphasis on the respect of human beings and favours equal rights
and respect for all people. Similarly, Prophet Muhammad (PBUH) says:
O people! Be aware: your God is one. No Arab has any
superiority over non-Arab, and no non-Arab has any
superiority over an Arab, no white one has any superiority
over a black one and no black one any superiority over a
white one, except on the basis of taqva (Piety). The most
honourable among you in the sight of Allah is he who is the
most pious and righteous of you. 210

The above-mentioned sources show that Islam does not encourage discrimination on
the basis of colour, race, language, status and nationality. Human beings are equal, not
only in theory, but also in practice. As far as Islamic laws are concerned, they are
applicable to all Muslims, irrespective of their social and political status and background
and everybody is equal before the law.
Parveen Shaukat Ali holds the view: “Among the greatest religions of the world,
Islam perhaps is the only one which has made serious and concerted efforts to place
 119
211
women on a respectable pedestal in society.” Islam tried to improve the status of
women and gave those rights to them which were forbidden to them. In a revolutionary
step in the mediaeval period, Islam gave woman the right of marriage, divorce and
education. It also gave partial right of witness to women in courts, which was a new
privilege for them in the conservative Arab society. Women were allowed to trade and
take part in social, political and economic activities. Same time, women were also given
the right to inherit, possess and dispose of property inherited from father, son or husband.
Indeed, this right enhanced the status of women in the family and also in society.
Slaves, the other downtrodden segment of society also got rights in Islam. In this
regard, Franz Rosenthal describes Islamic approach towards slaves, “The slaves were
generally encouraged by the fact that Islam preached brotherhood of all believers and had
laid down numerous legal rules for their welfare and emancipation.” 212 Another important
right i.e., the right of property is also accepted in Islam and there is no restriction to
acquire and own property within legal and moral means.
Islam allows an individual to acquire property, movable or
immovable, through lawful means. He can earn as much
wealth as he can through his knowledge, skill, experience
and effort. The Quran says: “…. unto men a fortune from
that which they have earned, and unto women a fortune from
that which they have earned.” 213

The Prophet (PBUH) of Islam, in his famous farewell address during his Last Pilgrimage,
declared: “O People, surely your blood, your property and your honour are as sacred and
inviolable as the sacred inviolability of this day of yours.” 214 The true philosophy of Islam
is humane and kind. It gave the right of property to women and put no restriction on
undertaking an economic activity. Islam introduced reforms to improve the conditions of
slaves, women, the needy and non-Muslims. It goes without saying that the emergence of
Islam was an important milestone as far as Human Rights of the marginalised people were
concerned. Before Islam, these rights were not given to the common people in most of the
societies. Therefore, the emergence of Islam ushered in a new era as far as the Human
Rights were concerned.
Religious intolerance remained a social bane throughout history. It gave rise to
numerous conflicts. The bloodiest among them were the Crusades; wars between
Christians and Muslims. These wars were fought in the name of religion from 1095 AD to
the culmination of the 13th century with short and long breaks. 215
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The astonishing aspect of these bloody wars was their duration which stretched
over two centuries. This religious intolerance could not wipe out any of the two religions
and established that they had to live side by side. By and large, conditions of women,
slaves and religious minorities remained unchanged throughout the medieval age. Intra-
religious conflicts and wars were quite rampant during the period. Lack of tolerance was
the root cause of the problem, and consequently the world witnessed a series of grave
brutalities in shape of the Crusades which brought massive violations of Human Rights.
Magna Carta, the first legal document signed by King John Lackland of England
on June 15, 1215, had significance, particularly regarding Human Rights. It granted
certain rights to barons related to property, taxation and imprisonment. Thus, it provided
relief to them from the unlimited powers of the king. J. A. Rickard explains the Magna
Carta:
It contains sixty-three sections that limit the powers of the
king and protected the church, the barons, and all other
classes of England people from his arbitrary acts…. Section
thirty nine provided that no freeman should be detained or
punished “unless by the lawful judgment of his peers or by
the law of the land.” Other provisions limited the amount of
fines to be collected, regulated the seizure of private
property for public use, and prohibited long imprisonments
before trials. 216

The Magna Carta was the first document in terms of curtailing the powers of the King of
England, putting a check on some arbitrary laws. It provided some leverage. This leverage,
later developed into Human Rights. Significant among them was the separation of the
church from government and the right of all free citizens to inherit and own property, and
exemption from excessive taxes. It also gave right to widows who possessed property to
choose not to remarry if they wished. Although the Magna Carta provided some rights
which were not recognised earlier, the condition of commoners, women and slaves did not
improve. So, it brought reforms only for the affluent class of barons.
Machiavelli (1469-1527) was regarded as the first political scientist who supported
the idea of secularism and nationalism, and stressed the separation of religion from
politics. According to Ernst Cassirer, “Machiavelli developed a new political science, just
as Galileo had founded a new science of nature.” 217 Harmon’s opinion about Machiavelli
corroborate the point:
Machiavelli’s approach is purely temporal. Religion and
Church are considered, but only insofar as they relate to the
matter of the secular unity. Machiavelli rejects all those
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theological foundations for government that had been part
and parcel of medieval thought. 218

His ideas were considered “modern” because Machiavelli took politics out of the
religious context. This not only reduced the influence of the clergy on politics, but also
fostered the idea of a nation state. Secularism professed by him laid the conceptual
foundation on which the whole edifice of Human Rights has been built.
Martin Luther, another advocate of secularism, struggled throughout his life to
separate the Church from the state. Instead of finding happiness in eternal life after death,
he advocated finding happiness in this life. Ishay states about Luther:
Martin Luther (1483-1546), the first to formulate Protestant
principles, called for the centrality of the Bible as primary
authority on issue of faith; the return to simple liturgies;
separation between Church and state; and individual
responsibility in matters of salvation and in finding
happiness on each. 219

Francisco de Vitoria, a Spanish theologian and teacher, deserves to be mentioned

here as he exerted his influence in a positive manner and defended the indigenous people
in the Spanish Dominicans of America. The people were allowed to practise their
religions. This permission from a Christian Catholic King set a precedent of tolerance,
which was a long awaited right of the people. Needless to say, the beginning of the
modern era was riddled with religious wars in Europe. This disrupted the social, political
and economic life of the people. Thus, the people who were at the helm of affairs, began
to assess the ongoing conflicts.
The Dominican friar Francisco de Vitoria (1485 – 1546)
joined the critical chorus, condemning in the sixteenth
century the conquests and colonial policies of the Spanish
empire and defending the rights of non-Christians and
American native, thereby becoming the founder of the
Spanish school of international law. 220

The Peace of Augsburg was a treaty between Charles V and the forces of the Schmalkaldic
League, an alliance of Lutheran Princess. On the basis of ‘cuius regio, eius religio’, in the
Prince’s land, the Prince’s religion, German Princes were given freedom to select either
Lutheranism or Catholicism for their people within the domains under their control. But
other sects of Christianity, like Anabaptists and Calvinists, were not allowed the same
arrangement. This measure checked the sectarian confrontation to some extent and
established the Catholic-Protestent division of Christendom within the Holy Roman
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Empire. This solution had been found to avoid wars of religious interference among states.
Needless to say, religious intolerance had remained a major cause of wars and bloodshed
in human history. Ferdinand Schevill explains:
The Peace of Augsburg of 1555 must undoubtedly be
construed as a victory of German Protestantism. But it was
also, since it took the control of religion out of the hands of
the central authority, the emperor, and gave it to the princes,
a victory for the principle of decentralization. 221

After the Magna Carta, the Peace of Augsburg was another political step forwards in
shaping the concept of Human Rights. However, these political developments could not
stop religious wars among the states with different faiths, and people continued to suffer in
the name of religion. Consequently, in the 17th century, a prolonged war, which continued
for thirty years, took place among the states of Europe that followed different sects in
Christianity. When the confronting states were exhausted and the people were fed up with
these bloody and useless wars, they managed a treaty in Westphalia, Germany, 1648. It
paved the way for religious tolerance among the confronting states to co-exist peacefully.
At the same time, it reiterated the ruler’s right to choose the religion for his people.
However, it was a restriction on the rights of an individual to choose his own religion.
It was only after the Thirty Years’ War (1618-1648), by the
Peace of Westphalia, that some sort of a religious truce was
established and Lutheranism and Calvinism were accepted
on par with Catholicism. 222

The Treaty of Westphalia was a turning point in the evolution of the modern concept of
the sovereignty of the state and non-interference in the internal affairs of other states. In
fact, it also ushered in an era of International Law which was very important for
international peace and stability. Religion which had caused numerous conflicts in history,
could no longer be used as a tool to interfere in the affairs of other states. It was noted that
religious intolerance had generated a vicious cycle of insecurity for life, property, honour
and free movement of people.
It goes without saying that if religious freedom is granted, it has three more
corresponding freedoms, i.e., freedom of assembly, freedom of expression and freedom of
association, which bring relief to the people. For that matter, the Treaty of Westphalia had
additional significance because it ushered in a new era of religious tolerance and co-
existence, and somehow halted religious wars between the states in Europe, which had
been causing immense violations of Human Rights of the people to ancad. However,
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within a state such religious tolerance could not be achieved. Religious minorities were
kept at the receiving end and faced degrading and abusive treatment from the governments
of the religious majority. History has numerous incidents of massacres, ethnic cleansings,
forced-migrations and discriminatory laws for economic, social and political
victimizations of religious minorities. Such incidents kept on happening and religious
minorities were marginalized by governments to please the majority. In the last quarter of
the 17th century, the concept of Human Rights was rejuvenated with new pragmatic ideas.
Discoveries, the concept of national state, declining feudalism and emergence of a strong
middle class changed the social, economic and political environment of Europe. This was
the time when ‘reason’ occupied the center-stage and pragmatism prevailed during the
period known as the Renaissance.
During the English civil war, the spokesman of Levellers,
John Lilburne (1614-1657), proclaimed that “all men by
nature are the children of Adam, and regardless of religious
difference, they are all equal and alike in power, dignity,
authority and majesty”. 223

Almost a decade before the Glorious Revolution took place, an important

legislation was enacted in England to prevent people from illegal confinement. Earlier,
peers and their hand-picked courts could impose heavy fines on people, which, they were
unable to pay, and consequently, were jailed. Indeed, it was not only unfair but a violation
of Human Rights of the people who were dependent on the will of the peers. Thus,
England became the first country in which this practice was checked by an Act.
The Habeas Corpus Act of 1679 was promulgated in
England … . In the spirit of the Magna Carta, granted in
1215 by King John to his barons, the Habeas Corpus
established appropriate process for checking the illegal
imprisonment of people by inferior courts. 224

The Act provided the people, at least, with a just trial and shielded them from unfair
confinement by their peers who had been exploiting them through this old custom. So, it
gave the people the right of free movement and the rule of law.
Glorious Revolution of 1688 had a great significance in the
political history of Britain. It shifted balance of power from
king to the parliament, therefore, representative of people
known as commoners ascended at the helm of affairs
without shedding a drop of blood. That’s why it is know as
Glorious Revolution in which the Parliament not only ousted
King James II and appointed William and Marry new rulers
of Britain. Then Parliament offered them the Declaration of
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Rights as “true, ancient and indubitable rights of the people
of this kingdom. 225

Then, the Bill of Rights (1689) ushered in a new era in which peoples representatives
assumed power. The supremacy of parliament translated into freedom of speech, levying
taxes, keeping an army and dealing with other affairs of the country.
Bill of Rights is a formal constitutional declaration or
legislative assertion by which a government both (1) defines
fundamental rights and liberties of its citizens and (2)
establishes their protection against arbitrary or capricious
interference or infringement by the government. 226

It is interesting to note that the Glorious Revolution coincided with the publication
of John Locke’s (1632–1704) ‘Second Treatise of Government’ which entails the first
developed theory of ‘Natural Rights’. He tried to change the premise of the Treaty of
Westphalia, which gave the ruler the right to choose the religion for his state as well as
people. Locke opined that the right should be given to the individuals. Unlike Plato,
Aristotle and Machiavelli, he thought that the individual was the centre of the political
system, and that the state was made to protect and fulfil the aspirations of the individual.
Actually, he changed the premise of the earlier political thought.
Another important legislation took place in the same year when the Bill of Rights
was signed by William and Marry. “In England, the Parliament passed the Tolerant Act in
1689, which allowed some dissenters to practice their religion, yet continued to exclude
Jewish and Catholic worship.” 227
This was the period when voices started being raised for the freedom of thought, of
belief, and practice, and for tolerance and co-existence within one country. It was the first
legislation regarding toleration for the practice of other religions in one country. But it
lacked uniformity and equality because Jews and Catholics were not allowed to practice
their religion openly in England. Although it was given the name of Toleration Act, it had
only a degree of intolerance. Locke criticised this Act and called for freedom to practice
any religion. He was of the opinion that religion should be separated from politics and
both should work within their respective spheres. According to Locke, “Government exists
to protect life, liberty and property. Civil society has civil function; it does not exist to
228
compel men to believe particular religious doctrines or to join religious groups.” Jack
Donnelly compliments Locke and states, “Locke is the seminal figure in the stand of
liberalism that grounds the commitment to equal liberty on natural, or what we today call
229
Human Rights.” Despite the liberal theory of the time in which Locke advocated
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certain rights (which he called “Natural Rights”) to people, he did not seem much
interested in giving the same rights to women, slaves and even wage labourers. It means
that Locke was reluctant to give equal rights to every one. This has raised the eyebrows of
critics.
John Milton (1608 – 1674), a renowned English poet and journalist, supported a
new version and took one step forward from his predecessor reformists. He was the
leading critic who raised his voice against prepublication censorship in England. He was a
big supporter of freedom of press because this freedom generated freedom of expression,
knowledge, information and freedom to criticize the government. He thus tried to free
English society from the old dogmas.
Milton proclaimed that importance of freedom of opinion:
[G]ive me the liberty to know, to utter, to argue freely,
above all liberties…. If truth is let free, it will overcome and
win over all possible errors. 230

He was of the opinion that people should be allowed to form their own opinion on any
matter, and they should not be compelled to follow a particular opinion or way of thinking.
They should be given complete independence to access information and knowledge.
Selective information and limited knowledge could not equip people to make decisions on
the basis of reason. He argued that it was the peoples’ fundamental right to have access to
information and knowledge. Eventually, Milton’s version about the press prevailed and the
British Government was forced to abandon prepublication censorship in 1695. It was an
important achievement and became a standard for press freedom in the times to come. So,
Milton was instrumental in opening the gates of information for the people which made
them aware and conscious not only about their political environment but also about their
own rights.
Voltaire (1694-1778), one of the prominent French philosophers of the ‘Age of
Enlightenment’, has been recognised as a rational, humane and freedom-loving thinker.
He was also a supporter of religious tolerance and followed the course of Locke and
Bayle. He was also a staunch supporter of the freedom of expression and a famous phrase
is generally attributed to Voltaire: “I disapprove of what you say, but I will defend till
death your right to say it.” 231
Milton and Voltaire were prominent thinkers who not only realized the importance
of freedom of expression but also contributed to it. They ushered in a new era and paved
the way to win the right of expression for the common man. Although they supported the
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right of the people in general, they did not say anything significant to improve the
condition of women or slaves, which reflects that they were not in favour of giving equal
rights to more than half of the population.
In fact, these thinkers of the Age of Enlightenment held a common approach to set
the people of Europe free from old dogmas and religious prejudices, and tried to inculcate
in them a rational way of thinking. They inspired people to analyse things rationally.
Earlier, it was usual to analyse things in spiritual, romantic and traditional ways. Such
analysis had been designed by the clergy, the feudal and the ruling classes. It is no
gainsaying the fact that most of the socio-religious traditions were made for strengthening
these classes to keep a hold on the masses. These traditions were mostly against the
interests and rights of the people. So, these thinkers gave a new approach to the people as
they started thinking with reason which enabled them to get rights from the elite.
The concept of Human Rights struck roots in Europe because it had overtaken
other regions in terms of knowledge and science. Needless to say, knowledge was the
driving force in shaping the concept of Human Rights. Consequently, in the 18th century,
Europe and America produced some popular movements for the liberty of people and
experienced some famous revolutions in which liberty and representation of the people
were the focal points.
The birth of secular universalism took the form of assault on
the intellectual and political edifice of Roman Catholicism.
That structure, seemingly impregnable during the Middle
Ages, now collapsed under the blows struck by the
Renaissance and the Protestant Reformation, opening up
room for the emergence of humanist thought. Christian
ethics thus shifted from a docile dependence on revealed
knowledge toward an embrace of religious freedom and
freedom of opinion in general. Simultaneously, feudal
authoritarianism grounded on divine inspiration, yielded to
the modern concept of the nation-state, justified by its
protection of natural and individual rights. The monopolistic
feudal economy gave away to mercantilism and later to free
market based on the individual’s rights to private property.
Finally, a religious tradition that had often sanctioned
merciless and arbitrary killings was now confronted with
laws premised on the individual’s rights to life, and with an
insistence that even warfare must conform to universal
standards of justice. 232
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The emergence of the idea of secularism introduced a new dimension of Human
Rights, i.e., religion became a private matter of an individual, and the state had no
authority to interfere in his belief. It was meant to show tolerance towards faith of others
and popularized the idea of co-existence. The concept of secularism is misunderstood in
some societies and considered an ideology that is contrary to religion. Actually, secularism
is neither against religion, nor in favour of religion. It means that the government has to
redress problems of the people with a pragmatic and rational approach, and refrain from
compelling people to follow a certain religion. In fact, it treats people on equal grounds
without any socio-religious prejudice. A secular government observes the rule of law and
provides equal opportunities to all its citizens. So, secularism led to an era in which
humanitarianism was pronounced and people were treated equally, judiciously and, as
human beings irrespective of their religion, cast, race, colour, status and gender. It is
pertinent to mention here that it was secularism which treated men and women on an equal
footing. However, most of the earlier thinkers did not give importance to gender equality
and took women as inferior to men which is not acceptable according to modern standards
of Human Rights. In fact, secularism was one of the important ingredients of the American
and French Revolutions which have been considered a turning point in shaping the
concept of Human Rights.
Although Europe was at the heart of the Renaissance, liberal movements and
modern philosophies, yet the revolution for liberty from imperialism broke out in America
in 1776. It was the first revolution of its kind in the modern age which cast away
imperialism from a large part of America. It laid the foundation for people’s rule. Thus,
the Americans became harbingers in securing liberty from imperialist powers.
It was the genius of American Founding Fathers who incorporated in their
constitution the philosophies of some European thinkers of the Age of Enlightenment.
They borrowed idea of ‘Popular Sovereignty’ from Rousseau, ‘Limits on Sovereignty’
from Locke, ‘Separation of Powers’ from Montesquieu and ‘Liberty’ or ‘freedom of
expression’ from Voltaire. It should go without saying that they also incorporated
‘Secularism’ in their Constitution which was a common point among those famous
thinkers. On this, Ishay quotes Jefferson, one of the Founding Fathers and President of the
United States: “Religion”, Jafferson asserted, “is a matter which lies solely between man
and his God”, and therefore it was necessary that “a wall of separation [be] erected
between the Church and the State.” 233
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It is interesting to note that prior to the American Bill of Rights, Virginia’s (State
of America) Declaration of Rights-1776 was proclaimed, which set a model for
incorporating fundamental rights of the citizens in the constitution. Samuel Eliot Morison
writes in The Oxford History of American People Prehistory to 1789:
Virginia Declaration of Rights is one of the great liberty
documents of all times. It applied the past experience of free
born Englishmen, and parented not only all the other
American bills of rights, but the French Declaration ‘des
droits de l’homme et du citoyen’ of 1789 and, the Universal
Declaration of Human Rights adopted in 1948 by the
General Assembly of the United Nations. Virginia begins by
asserting, “That all men are by nature equally free and
independent, and have certain inherent rights of which,
when they enter into a state of society, they cannot…
deprived or divest their posterity; namely the enjoyment of
life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and
safety.234

It was the first constitution of the world in which the words ‘we the people’ were
used. It reflected that people were sovereign, that they would rule themselves without a
king or the elite class. In this political system, people would no longer be subjects and
would have equal rights. In 1791, with an amendment, a list of fundamental rights of the
people was included in the American Constitution, which made it a role-model for other
nations. The American Revolution and the Constitution had a great stimulating effect on
the people of Europe, as well as the people in colonies of different regions of the world.
The French Revolution was one of the most important political events in history. It
not only changed the socio-political setting of France, but also had immense impact on
Europe and other parts of the world. It provided firm foundation for the recognition and
respect of Human Rights of the people. The American Revolution was against an
imperialist power and won the Declaration of Liberty for the people. But the French
revolution had a different premise. It was against the indigenous political system
consisting of the monarchy, the feudal class, and the clergy, who had subjected the people
and exploited them for centuries. The French showed a way to the world in which, instead
of the king or the elite classes, the people were made sovereign to rule themselves. They
introduced a new social contract where people were equal and independent, and thus, free
from the suppression of the traditional ruling classes. “With it, Jacobians and the defenders
of the French patrie proclaimed a new world in which, ‘liberty, equality, and fraternity’
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235
would become, they hoped, universal norms.” Schevill interprets the American
Declaration of Rights in these words:
The Declaration affirmed that “men are born and remain free
and equal in rights” and that among these rights are religious
toleration, freedom of speech, and freedom of press. In the
sharp reaction to the divine right theory of the old monarchy,
the Declaration vested sovereignty in people, to whom
officials of every level of authority were held to be
responsible. 236

In Americana the French Revolution is described in this way, “In June 1790, they
abolished the institution of nobility. It was a revolution of equality.” 237 It further explains,
“The rationale for the period is found in the Declaration of the Rights of Man and the
Citizen, which affirms the liberty of the individual, the separation of powers, the
238
sovereignty of the people, and civil equality.” Indeed, the French Revolution was a
significant event that weakened the class system in Europe. It brought forth that all men
were equal irrespective of their social, economic and religious background. Another aspect
of the Revolution was that it showed religious toleration to other faiths. Indeed, the
teachings of Voltaire, Montesquieu and Rousseau had an impact on the Revolution. David
Thomson writes in Europe Since Napoleon:
The “Declaration of Rights of Man” – a statement intended
to have universal application and which certainly had very
far-reaching implications. It was drawn up not for France
alone, but for the benefit of men everywhere who wanted to
be free and to rid themselves of comparable burdens of
absolute monarchy and feudal privilege. 239

The French Revolution became a great source of inspiration for the masses and the
down-trodden people who were in majority but remained subjects under the thumb of the
ruling class. It paved the way for democracy and rule of the people, and it was also a great
stimulant for the people of the colonies to free themselves of the foreign rulers. The
French Revolution proved to be a big breakthrough. It took place in a country which was
known as a political, cultural and educational centre of Europe. Perceptions and
approaches of the age of Enlightenment were quite pronounced in the French Revolution.
It was the beginning of a change in the social and political setting of Europe. It was
regarded as an important milestone towards Human Rights which had been significantly
shaped during the period. Thus equality, liberty of individuals, people’s participation in
government, freedom of expression and press, weakening of class system and diminishing
monarchies were important variables in recognizing and securing Human Rights.
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Although the French Revolution and its Declaration had brought some significant
change for the rights of the people, it could not abolish certain prejudices and conservative
practices in the political system of France. Nevertheless, by 18th century standards of
Human Rights, it was a quantum leap. However, if it is evaluated by current standards of
Human Rights, certain elements will be found to be objectionable. For instance,
ineligibility for women, slaves, non tax-payers and house servants in voting and holding of
public offices. Such aspects reflect that equality among all human beings, especially
between men and women, citizens and slaves was missing. Certain types of discrimination
and biases could not be uprooted from the French society and political system even after
the French Revolution.
The Industrial Revolution was another phenomenon which contributed in the
evolution of Human Rights. “The period between 1770 and 1830 is usually designated as
the pioneering stage of the Industrial Revolution and was, in the main, limited to Great
Britain.” 240 The Industrial Revolution introduced a new system of remuneration in which
the workers win regular wages for their labour. In the traditional agricultural economy, the
‘barter system’ was in vogue which meant that a person would get commodities as reward
for his labour. It did not give purchasing power to the labouring people. Thus, in the
Industrial Revolution, work was rewarded with money which attracted people to work in
industries. Moreover, money enabled them to improve their lives. Industrialization also
generated rural-urban migration and mitigated the influence of feudalism. Industrial towns
and cities became centres of economic and commercial activities, and consequently, the
middle class assumed an important place in the social, economic and political order.
Revolutions in France and America at the end of the 18th century, also inspired the people
to seek more rights.
The Industrial Revolution brought infinite possibilities for
the elevation of the standard of living and the promotion of
the welfare of men; but it also evolved new opportunities for
oppression and abuse. 241

Meena Anand says, “Historically, the demand for individual rights was made by the rising
commercial middle class which was the product of the Industrial Revolution. It was
242
already the accepted ideology of the American and the French Revolution.” So, the
rising of the middle class was a direct outcome of the Industrial Revolution. The middle
class was a supporter of Human Rights and liberal democracy in which it would also have
its say. Changes in social and economic order gave voice and power to the middle class to
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make a new political system through a constitution made with their consent. Thus, the
centuries-old political and economic system of Europe made a retreat.
A leading consequence of the modern politico-social
development had been to give an increasing importance to
the middle classes and that, up to the time of the French
Revolution, it was the middle classes of Holland and
England which had reaped the greatest benefits from an
altered world … it is therefore not surprising that it was in
the main, under pressure from the English middle classes
that the stiff-necked monarchy of the Stuarts had been
replaced by the parliamentary regime. 243

Ishay is of the view that: “The nineteenth-century Industrial Revolution and the growth of
the labour movement opened the gates of freedom to previously marginalized individuals
244
who challenged the classical liberal economic conception of social justice.” The most
important aspect of the Industrial Revolution was that it not only urbanized the people, but
also shifted the economic and political centre from rural fiefdoms to the people of urban
areas. As the centre of politics shifted to cities and towns, political parties and pressure
groups became active and important. By the culmination of the 19th century, popular
democracy got roots in Europe and America, enhancing the importance of political parties
and pressure groups. In order to accumulate support for the middle class, the political
parties started consulting the middle class in policy and decision making. At the same
time, many individuals from the middle class got important offices in political parties and
compelled their respective governments to give rights to the people.
In fact, the ‘expansion of Industrialization’ and the ‘constriction of slavery’ were
two important features of the 19th century, particularly, in Europe and the USA. Slavery
had a strong link with feudal culture. When it was weakened due to industrialization, it
also affected the institution of slavery. While industrialization was spreading, secular and
liberal movements were in vogue. Consequently, the institution of slavery remained
compatible no more. R. Coupland describes in his book The British Anti-Slavery
Movement:
Slavery may be defined as the ownership and use of human
property. The master inherits, buys, sells or bequeaths his
slave as he does his pick or his spade. His treatment of him
or her may be controlled, like the usage of the other
possessions, by the custom or law of the society to which he
belongs; but in general the slave’s life and labour are as
much at the master’s disposal as those of his horse or his ass.
…he may be treated, underfed, overworked, done to death.
… The slave’s soul is almost as much in bondage as his
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body. …He cannot lead his own life. He can do little to
make or mar his fate: it lies in another man’s hands. 245

The League of Nations (LON) defined the phenomenon in these worlds: “Slavery is the
status or condition of a person over whom any or all of the powers attaching to the rights
246
of ownership are exercised.” Slavery was a stigma on the face of humanity. It was
degrading and humiliating. According to the Concise Columbia Encyclopaedia, “Slavery,
institution whereby one person owns another and can extract from that person labour or
247
other services, found among both primitive and advanced people.” There was no end
to the indignities and exploitations to which people subjected their slaves. Almost every
civilization has nurtured the institution of slavery. Slavery was a known practice which
was used in the world to degrade human beings to the level of commodity and animals. In
some societies this institution of slavery was regarded as the basis for economic stability.
The story of Egyptian pyramids is written with the blood
and sweat of hundreds and thousands of slaves who worked
on them and then disappeared under the debris of history
with all the anguish and misery entailed by their inhuman
subservience. 248

The institution of slavery was so strong and practiced so widely by almost every society
from the ancient time to the Middle Ages, that none of the civilizations and religions could
abolish it completely.
The slaves were usually obtained in two ways, which might
be termed “internal” and “external”. Within a society, a man
might be enslaved as a punishment for crime or might sell
himself or his children into slavery to pay debt. From
outside the society slaves were acquired by the capture of
enemies in war. This happened sometimes on a great scale.
Whole tribes or communities might be carried off from their
homeland. 249

Although, Ur-Nammu of the Sumerian dynasty, the Babylonian Empire under Hammurabi
and the religion Islam, gave some relief to the slaves, they could not give equal status to
slaves in their respective societies.
Organized religion and every type of society accepted
slavery as a … part of human activity until the late 18th
century, when European philosophers such as Montesquieu
began to speak and write against the institution. Therefore,
opposition to slavery arose and gained momentum. 250

It is pertinent to mention that in the middle age and even afterwards, slave trade was very
much in vogue. Traders from European countries brought numerous ships full of slaves
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from the African colonies. They used to sell those slaves in the European and American
markets like animals and commodities. The social, cultural and legal systems were
supportive of this business. This practice was being undertaken in Europe, the cultural,
educational, economic and political hub of the globe. It is astonishing that in the land of
Newton, Voltaire, Locke, Shakespeare, Kant, Bentham and Michelangelo, human
trafficking was rampant even in the period of the Enlightenment.
Islam introduced some measures to improve the status of slaves, the most
downtrodden section of the Arab society. Islam also put an emphasis on the emancipation
of slaves to check this practice. Muhammad Sharif Chaudhry gives some references from
the Holy Quran and Hadith* regarding slaves.
Freeing of slaves has been made by the Quran an expiation
for certain sins and crimes like murder, breaking of oath,
divorce by Zihar, etc. Certain rules and regulations have
been laid down by the Quran and Hadith for atonement of
certain sins and religious irregularities through emancipation
of slaves. Beating of a slave is a great sin and it can only be
atoned by setting that slave free. Liberating of slaves is one
of the eight heads of expenditure on which Zakat funds can
he spent by an Islamic state. 251

A Hadith is attributed to Prophet Muhammad (PBUH), “Samorah bin Jundab reported that
the Prophet said, “The best charity is an intercession wherewith a slave is set free.” 252
The above mentioned references support that Islam aspired to improve the
condition of slaves and gradually intended to eradicate slavery from the society. Zakat∗
had been made admissible for the emancipation of slaves which reflects that Islam did not
encourage slavery. However, there are critics who ask why Islam did not abolish slavery
altogether. As matter of fact due to strong involvement of socio-economic factors, Islam
could not ban slavery instantly. Nonetheless, it is the first religion which tried to reduce
the miseries or slaves and gave them an improved social status. So, the advent of Islam has
been rated as the first juncture of the medieval period which initiated positive steps to
ameliorate slaves. Parveen Shaukat Ali writes in Human Rights in Islam, “A slave can
253
aspire to be a head of the state in the Muslim Kingdom.” The Slave Dynasty (1206 –
1290 AD) in India is a prime example in which all the rulers were slaves. A slave Qutub
Uddin Aibak, was appointed by his Muslim master Muhammad Ghouri at the helm of

∗
* What Prophet Muhammad (PBUH) said and practised during his life.
Annual religious tax on well-to-do Muslims
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affairs after conquering a large part of India. His choice reflects that his master considered
him capable, eligible and trustworthy to run a country.
In the modern age, England took a lead in abolishing the centuries old institution of
slavery. “In 1772, Lord Mansfield, the English Chief Justice, declared that slavery was
illegal in England. Antislavery societies were founded in England in 1787, and in France
254
in 1788.” In a case (R.V. Knowles, ex parte Somerset) of a slave, ‘James Somerset’,
under habeas corpus, the Chief Justice held slavery unlawful on the basis of restricting the
free movement of a man against his will in Britain, regardless of the law in the nativity of
the slave. This decision of the Court gave a new beginning to end slavery which was a big
hurdle in the way of Human Rights. As with the practice of slavery, the concept of Human
Rights was difficult to visualise and implement. In 1811, it was declared illegal for British
ships to indulge in the slave trade. Eventually, in 1834, slavery was abolished throughout
the British Empire. This step of Britain greatly affected British colonies in different parts
of the world. Moreover, it was quite important in changing the approach and in stimulating
the movement against slavery.
On the other side of the Atlantic, in the USA, the Supreme Court gave a surprising
decision in the case of Dred Scott VS. Sandford (slave). Chief Justice Taney, with other
associate judges, gave a verdict in favour of the master in 1857, and put the issue of
elimination of slavery for the time being, on the back burner in America.
The opinion of the court decided against Scott’s claim for
freedom on three grounds: (1) as a Black he could not be a
citizen of the United States, and therefore had no right to sue
in a federal court; (2) as a resident of Missouri the laws of
Illinois had no longer any effect on his status; (3) as a
' '
resident of the territory north of 36 30 he had not been
emancipated because congress had no right to deprive
citizens of their property without due process of law. 255

The decision of the Supreme Court showed that by the middle of the 19th century, racial
bias was still there even at the top. The court was not even ready to accept blacks as
citizens of America with rights. At the same time, the slaves were regarded as the property
of the master. Thus, this decision of the Supreme Court reflected the approach and
thinking prevailing in America, where all people were not been treated equally, and the
racial division was quite pronounced. The champions of liberty and democracy could not
stop slavery, though the import of slaves had been banned in America in 1808. This
practice continued and remained part and parcel of their social and economic order till
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President Abraham Lincoln’s proclamation of 1863, abolishing slavery at the eve of the
Civil War. Then, two years after the proclamation, the 13th Amendment was incorporated
in the Constitution to end slavery in America.
The American constitutional amendment to abolish slavery also strengthened the
on going movements against slavery in other countries of the world. Indeed, it was the
second important milestone after England’s ban on slavery. It had a great affect on other
countries which followed the same course, and slavery started diminishing in the world.
Still slave-trade could not be abolished, worldwide, and in many regions, slavery was very
much part of the socio-economic system right until the 20th century. With the emergence
of the League of Nations in 1920, the issue of slavery came under focus at the
international level. Then, the League of Nations successfully managed to organise a
Slavery Convention in 1926 for ending slavery in all forms, and to ban the slave trade by
land and sea.
In the modern age, efforts to abolish slavery bore fruit with a decision of the
English Court on the basis of the Habeas Corpus in 1772. It was augmented at
international level with the approval of ‘Supplementary Convention’ of the United Nations
in 1956. With the presence of slavery the dream of equality and fraternity could not be
realized. The people, obviously, would not be able to come out from the division amongst
them on the basis of race, colour, status and religion.
Karl Marx had deeply observed the fallout of industrialization and wrote Das
Capital on the subject, which has been rated as one of the most influential books of all
time. He was a staunch critic of the capitalist economy and considered it a tool to exploit
the masses. He also regarded it as the main cause of poverty in the world. He was of the
view that most political systems have been designed in the interest of the elite class.
Unemployment, low wages, and bad working conditions
increase the misery of the workers, but at the same time their
class consciousness is increased. A series of crises sweep the
capitalist system, each crisis bringing it closer to the point of
collapse. 256

Marx brought a philosophical revolution which became popular among workers

and commoners. Subsequently, many political parties and pressure groups occupied the
centre-stage in politics in the name of the workers. The popularity of the philosophy of
Marx was not confined only to the industrialist nations, but it also spread to the colonies
and even non-industrial and backward countries. The developments compelled the
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capitalists to undertake some measures to check this tide. Thus, many reforms were
introduced to redress the problems and grievances of the workers.
The regulation of hours, wages, and working conditions, the
prohibition of child labour, the establishment of
unemployment insurance and workmen’s compensation, and
many more developments have resulted from legislative
enactments and have created an entirely different situation
for working people. 257

Marx’s philosophy gave a new hope to the poor and the working classes. Consequently,
they organized and united themselves and stood up for their rights in many countries. The
most significant incident took place in America in the decade in which Marx died. The
decade of the 1880’s has been remembered for a series of strikes and lockouts of workers
for their demands in the USA. The Haymarket Square Riots in Chicago on May 1, 1886
grew out of a strike against a factory. In the protest rally of the workers, a bomb exploded
and caused numerous deaths. This incident has been marked for the labourers’ rights and
every year 1st May is observed as ‘May Day’ or ‘Labour Day’. After the incident, the
labour movement strengthened and became more active and united workers for securing
their rights.
The labour movement had been growing since the 19th century and, as a result,
demands were made by labourers for social justice and better living standards. The
Bolshevik Revolution of 1917 in Russia also gave tremendous support to the working
class. It was symbolically and politically significant for the downtrodden people. It was
the beginning of Marx’s perception ‘Dictatorship of the Proletariats’. Harold J. Laski
(1893-1950) writes:
Karl Marx and Friedrich Engels put emphasis on the alliance
of workers to get their rights which had been usurped by the
upper classes. In Communist Manifesto they wrote: “Let the
ruling classes tremble at a communist revolution. The
proletarians have nothing to lose but their chains. They have
a world to win. Working men of all countries unite.” 258

The Bolshevik Revolution was psychologically a great boost for the labour
movement, because labourers, for the first time entered the corridor of powers. Moreover,
this revolution eventually transformed Russia into a great political and military power.
Subsequently, the same ideology enabled them to lead a block of socialist countries.
Indeed, this revolution strengthened the movement of the labour class and compelled
capitalist countries to redress their problems and respect their rights. Consequently, the
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governments of many capitalist countries introduced reforms, and gave rights to the
working classes. This led to increased political awareness of the labour class. The
formation of the International Labour Organization (ILO) in 1919 was another step to
redress the problems of the labourers of the world.
Indeed, during the devastating war and its aftermath, two
opposed efforts to institutionalize human rights emerged: the
triumph of Bolshevism in Russia, initially premised on
international socialism, and the nearly simultaneous
establishment of the League of Nations and the International
Labour Organization, predicated upon progressive liberal
notions of human rights. 259

Most of the cultures, civilizations and religions did not give rights to women
according to current international standards. Although Islam was the first major religion
which tried to improve their social status, yet women faced many disadvantages. Although
the Glorious Revolution, the Bill of Rights, the American Revolution and French
Revolution were significant events of the modern age as far as Human Rights are
concerned, yet none of them could bring any tangible change for women, which composed
almost half the world’s population. They remained subordinate human beings. By the 20th
century, in most countries, they were not even allowed to possess property, enter into a
contract, entitled for equal wages, vote or hold a public office. The movement for the
rights of women began in the middle of the 19th century.
1848, The first women’s rights convention in the United
States is held in Seneca Falls, New York … That outlines
the main issues and goals for the emerging women’s
movement. Thereafter, women’s rights meeting are held on
a regular basis. 260

1878, The first International Women’s Rights Congress is

held in Paris, France … 1912 Theodore Roosevelt’s
Progressive (Bull Moose/Republican) Party becomes the
first national political party to adopt a women suffrage plank
… .1920. The 19th Amendment, which granted women the
right to vote, is ratified. The league of Women Voters is
established. 261

In England, the front-runners of Human Rights and democratic values gave the
right of vote to women over 21 year of age in 1928. Before that, women over 30 year of
age having property had enjoyed this right since 1918. Turkey was another country of
Europe which granted this right to women in the 1920’s. By the first quarter of the 20th
century, in most countries, women were still denied this political right.
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The League of Nations, the first international institution, remained silent on the
issue of Human Rights. Its successor, the United Nations (UN) was formed in 1945. Then,
its preamble accepted that women would have equal rights. The founders of the UN had in
their minds the devastating wars and conflicts on the basis of religion, thoughts, race,
status and ideologies. Moreover, history was repute with inhuman, degrading and abusive
treatment meted out to human beings by others human beings. Hence, it was a
commendable effort on the part of the UN to check such practices and gave respect and
dignity to human beings.
We the people of the United Nations determined to reaffirm
faith in fundamental human rights, in the dignity and worth
of the human person, in the equal rights of men and women
and nations large and small. 262

Later, the UN General Assembly adopted the Universal Declaration of Human Rights in
which it explicitly accepted equal rights for women and men, and set an international
standard to be followed.
Where as the people of the United Nations have reaffirmed
their faith in fundamental rights; in the dignity and worth of
the human person and in the equal rights of men and women
and have determined to promote social progress and better
standards of life in larger freedom. 263

The UN held a convention in 1952 to give political rights to women without any
discrimination. Because this was in many countries women were still without deprived of
those rights.
Recognizing that everyone has right to take part in the
government of his country directly or indirectly through
freely chosen representatives, and has the right to equal
access to public service in his country, and desiring to
equalize the status of men and women in the enjoyment and
exercise of political rights. 264

In the same Convention, a woman’s rights to vote, contest election and hold public
office were also accepted. This gave a social, economic and political strength to women.
Gradually, countries began to give political rights to women which enhanced their status
and empowered them. The Convention paved the way for women to get their rights and be
treated equally. Thus, they became entitled to Human Rights without any discrimination. .
Apart from religious minorities, ethnic, linguistic, regional, racial, sectarian,
cultural and political minorities have also been recognised. History is full of incidents in
which a particular minority was maltreated, deprived of property and massacred, forced to
 139
migrate. However, after the emergence of the UN, it presented the Declaration of Human
Rights and redefined the rights of minorities. Article 2 of the Declaration says, “Everyone
is entitled to all the rights and freedoms set forth in this Declaration, without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national
265
or social origin, property, birth or other status.” Article 3 also gives protection to
minorities, “everyone has the right to life, liberty and the security of person.” 266
In addition to maltreatment, in certain parts of the world, minorities were facing
genocide at the hands of the majority. In this regard, the UN adopted a Convention on the
Prevention and Punishment of the Crime of Genocide in 1948. Article 1 states, “The
contracting parties confirm that genocide, whether committed in time of peace or in time of
267
war, is a crime under international law which they undertake to prevent and to punish.”
The UN went one step further and made such acts punishable under international law. This
Convention had implemented its clauses very selectively, as it proved to be toothless when a
influentinal power was involved. It should go without saying that the UN was trying to play
its role to make the world community agree to respect the rights of minorities and treat them
fairly.
European Imperialism (1400-1750) took place after the rise of mercantilism and
expansion of Industrialisation. During this period, many European powers established
political and economic control over territories in Africa, Asia and in the New World.
Though the term colonialism and imperialism are sometimes
used interchangeably, yet scholars usually distinguish
between the two, reserving colonialism for instances where
one country assumes political control over another and using
imperialism more broadly to refer to political or economic
control exercised either formally or informally. 268

A competition among strong European states to colonise different parts of the world
caused new tension and conflict among them. Colonization refers to a powerful state,
usually through military force establishing political control over a weak nation or people
and assuming control. Obviously, this kind of political control violates many rights of the
indigenous people. This mechanism subjects the indigenous people to imperialist powers.
Dozens of African, Asian and American countries and territories were colonized by the
dawn of the 20th century by a few European nations who kept on exploiting them. With the
emergence of new powers like Italy and Germany, in Europe, the competition to make
colonies intensified. “Colonization was one of the major causes of World War I, which
was one of the most devastating events in the history of mankind in which more than 10
 140
million people were killed and more than 20 million wounded.” 269 It is accepted that wars
have always brought massive violations of Human Rights. WW II was not different from
them because it caused unprecedented loss of human life and collateral damage.
The human cost is estimated at 55 million dead – 25 million
in the military and 30 million civilians. The amount of
money spent has been estimated at more than $ 1 trillion,
which makes World War II more expensive than all other
wars combined. 270

The destructions caused by these conflicts forced the world leadership to take measures to
stop wars and ensure collective security. It is interesting to note that the same European
imperialist nations had been fighting in WW-II against the ‘Axis powers’ in the name of
democracy, and called the governments of the confronting countries dictatorial or
totalitarian regimes. The victors of WW-II, who were also the forerunners of democracy,
had a moral obligation to review their rule over colonies which was directly against the
very spirit of democratic values and Human Rights. This wave was not only confined to
Europe, but also began to spread in other parts of the world. After WW-II the USA
emerged as the hegemon of the World and started playing her new role for the promotion
of democratic values. President Roosevelt of the USA criticized imperialist powers and
urged them to free colonies under their control.
[I]f we are to achieve a stable peace it must involve the
development of backward countries…. I can’t believe that
we can fight a war against fascist slavery, and at the same
time not work to free people all over the world from a
backward colonial policy. 271

This statement of Roosevelt was quite significant in weakening the political

position of the Imperialist Powers of Europe over their colonies. So, after WW-II, a
process of decolonization began which allowed indigenous people to rule their own
countries. Colonization, too was a stigma and, in which, respect of Human Rights was
rare. Whether it was colonization or war, both were incompatible with Human Rights. The
leaders of the world, as a result, became serious to draw a mechanism to check conflicts
between states and solve their disputes through peaceful means. In 1945, after the
devastation of WW-II, the UN was formed with the support of great powers of the world.
It was organized to stabilize international relations and secure peace and end the threat of
nuclear war and numerous regional conflicts.
The UN Charter provided the foundation for peace, security and equality, and
discouraged discrimination on the basis of sex, language, race, colour and religion. It also
 141
encouraged the right of self determination for the people. It was an international revolution
which treated all people of all countries equally and respectfully.
To achieve international cooperation in solving international
problems of an economic, social, cultural, or humanitarian
charter, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion. 272

Despite the fact that the UN has had multiple achievements in health, poverty
alleviation, medicine, economic development, family planning, disaster relief, education
and environment protection, its Declaration of Human Rights has been rated as one of its
most commendable contributions. It not only secured the consensus of different nations on
the issue, but also set international standards for Human Rights. The year 1948 will be
remembered as a great achievement in the history of Human Rights. Meena Anand
compliments the UN Declaration in these words:
It has been used by the United Nations, by other
international organization and conferences, and by
governments, as a yardstick to measure the compliance by
governments with the obligations deriving form the Charter
in matters of the human rights. It has penetrated into
international conventions, national constitutions and
legislation, and even in isolated cases, into court
proceedings. 273

Although the concept of Human Rights began with Ur-Nammu of Sumerian

dynasty in Mesopotamia thousands of years ago, it got a comprehensive definition and
framework in 1948 with the Universal Declaration of Human Rights by the United
Nations. Earlier, the concept had different connotations and understandings in accordance
with regional, religious and cultural influences. However, the UN Declaration has
combined most of regions, cultures, religions and political ideologies in one broad
definition of Human Rights. A particular political ideology or religion may disagree with
some of its clauses, but most of the clauses are agreed upon. It is pertinent to mention that
an overwhelming majority of the members of the UN voted for the Declaration and, later
on, ratified it. Thus, it became an acceptable and sacred document which had consensus
and respect in the world. It provided a uniform standard of Human Rights to all nations
and regions, irrespective of their background, culture and religion.
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4.2 Theories of Human Rights

The current universal concept of Human Rights is actually a product of the 20th
century, but was nurtured and nourished by efforts in preceding centuries. It goes without
saying that respect for Human Rights stimulates tolerance and co-existence among the
people and states which paved the way for peaceful progress.
Scholars, thinkers and intellectuals have given their own definitions of Human
Rights. Every thinker and philosopher is under the shadow of his culture, background,
faith and political environment. Laski defines rights: “those conditions of social life
without which no man can seek, in general, to be at his best.” 274 However, Jack Donnelly
defines the word “Right” in this way:
“Right” in English, like equivalent words in several other
languages, has two central moral and political senses:
rectitude and entitlement … . In the sense of rectitude, we
speak of “the right thing to do,” of some thing being right
(or wrong). In the narrower sense of entitlement, we
typically speak of someone having a right.
Rectitude and entitlement both link “right” and “obligation”,
but in systematically different ways. Claims of rectitude
(righteousness) ―– “That’s wrong,” “That’s not right,”
“You really ought to do that” ―– focus on a standard of
conduct and draw attention to the duty-bearer’s obligation
under the standard. Rights claims, by contrast, focus on the
right-holder and draw the duty-bearer’s attention to the
right-holder’s special title to enjoy her (sic.) right.” 275

According to E. Barder, “Rights are the external conditions necessary for the
greatest possible development of the capacities of the personality.” 276 T. H. Green defines
“Right as power of acting for his power on ends… secured to an individual by the
277
community on the supposition that it contributes to the good of the community.”
Holland explains rights in these words, “A right is one man’s capacity of influencing the
278
acts of others by means of the opinion and the force of society.” Mazhar Ul Haq
defines, “We may define right as a claim or power of an individual or group of individuals
for freedom or opportunity for action considered as fundamental for their well-being and
279
allowed or recognized by the society or the state.” Right is a typical term of political
science and it is meant for human beings. But the term Human Rights has a different
connotation. Its denotation is slightly different from the term right. Donnelly presents it in
a very simple manner, “Human Rights were literally the rights that one has simply because
one is a human-being.” 280 S. K. Kapoor interprets Human Rights in this way:
 143
Broadly speaking, human rights may be regarded as those
fundamental and inalienable rights which are essential for
life as human being. … Human rights and fundamental
freedoms allow us to fully develop and use our human
qualities, our intelligence, our talents and our conscience
and to satisfy our physical, spiritual and other needs. They
are based on mankind’s increasing demand for life in which
the inherent dignity and worth of each human being will
receive respect and protection. 281

Donnelly further says about Human Rights:

Human rights are equal rights: one either is or is not a

human being, and therefore, has the same human rights as
everyone else (or none at all). They are also inalienable
rights: one cannot stop being human, no matter how badly
one behaves nor how barbarously one is treated. And they
are universal rights, in the sense that today, we consider all
members of the species homo sapiens “human beings,” and
thus holders of Human Rights. 282

Husayn Salimi gives a brief definition: “Human Rights are the manifestation of a concept
283
and a new status which modern man has found for himself.” Meena Anand writes in
Struggle for Human Rights, “Rights are the necessary conditions for the personal, social,
economic, political, mental and moral development of man, but are necessary for the
development of society and social values as well.” 284
By going through the stated definitions of Human Rights, one can extract some
common points, and on the basis of these commonalities determine why these rights are so
important for the individual and society.
* Rights are the wish, power, claim and desire of an individual to do, or possess or
achieve something.
* Rights are only available in a society. Outside the society where man lives alone he
cannot have any right.
* Rights are also beneficial for the welfare of the society.
* Rights give freedom to a person and that freedom is protected by society and the
state.
* Rights must be accepted, recognized and respected by the state and society.
* With rights, there are duties and obligations of the individual towards society.
* In a state, the law defines the rights of individuals.
* Rights are not given by the state, actually they are accepted and recognized by the
state.
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* Rights keep on improving and changing with the passage of time, development of
conditions, change in needs and change in social life.
* Enjoyment, exercise, enforcement, respect and recognition are the five important
aspects of the practice of rights.
Scholars have been debating why Human Rights are important and to whom they
are beneficial. Whether they are beneficial to the individual, or to the society? Laski is of
the view that Human Rights are beneficial to individual as well as society. However,
Jeremy Bentham (1748-1832) and J. S. Mill (1806-1873) say that rights are given only for
social benefit and they can be withdrawn in the interest of the society. On the other hand,
Locke, Voltaire and Montesquieu (1689-1755) claim that individuals possess inherent and
inalienable ‘Natural Rights’, even before the emergence of society or state. The state
merely recognizes and accepts them. Barker and Mazhar Ul Haq depict rights as the
product of society which only society can ensure. John Austin (1790-1859) and Karel
Vasak say that only those are rights which have been accepted by law.
On the bases of perception, utility, origin and nature different theories have been
propounded. However, the following are important theories of Human Rights.

a) Natural Rights Theory

John Locke is the exponent of the ‘Natural Rights’ theory. He was the first political
thinker who presented the idea. His theory about Natural Rights caused immense influence
on the subsequent history of political thoughts. This theory was propagated and discussed
during the 17th and 18th centuries. Political thinkers like Rousseau (1712-1778),
Montesquieu and Voltaire agreed that certain rights self-evidently belong to human
beings. According to Locke, in the ‘State of Nature’, man has these rights. Due to ‘Social
Contact’ man surrenders to state to ensure his Natural Rights. Anand states, “John Locke
strongly supported the theory of Natural Rights. Among these he counts right to life,
liberty and property as the most important.” 285
According to this theory, every human being has some basic, natural, inherent,
inalienable, sacred and absolute Human Rights by birth. Moreover, these rights cannot be
restricted or taken away by any person or institution. Locke is of the view that people had
been enjoying these rights even before the society or state came into being. Therefore,
neither the society, nor the state have given these rights to the people, thus they cannot
usurp them under any circumstances. His theory inspired many political events which took
 145
place afterwards. It influenced the Bill of Rights in England and the revolutions in the US
and France:
the French Declaration of the Rights of Man proclaims in its
preamble: “The representatives of the people of France,
considering that ignorance, neglect, or contempt of human
rights are the sole causes of public misfortunes and
corruptions of government, have resolved to set forth these
natural, imprescriptible, and inalienable rights.” The
American Declaration of Independence said that men, “are
endowed by their creator with certain inalienable rights: that
among these are life, liberty, and pursuit of happiness.” 286

With the dawn of the 19th century, when some new theories were propounded, the
theory of Natural Rights could not hold ground. Exponents of the ‘Theory of Utility’,
particularly, criticized the Natural Rights theory. According to Bentham and Mill, rights
are not outside the society but inherent in it. If a person gets rights, it happens because
society accepts and gives them to a person, and in the absence of society a person will not
get his rights. Therefore, priority should be given to society which provides these rights to
a person. So, Bentham who is the exponent of the ‘Theory of Utility’, attacked the Natural
Rights theory. He declared that “the natural rights are ‘nonsense upon stilts’ and that
natural law is a mere fiction.” 287

b) Individualistic Theory of Rights

The Individualistic theory revolves around the individual’s interests. The

supporters of this theory place an individual above society and state. They are of the
opinion that the individual has the responsibility to create society and state, therefore, his
interests and importance must not be compromised. They do not agree that the individual’s
rights can be limited in the interests of society. In their opinion, a happy, contented and
satisfied individual is more useful and beneficial for the society and state. According to
this school of thought, the individual is the ‘end’ and society or state is the ‘mean’. Thus
these are just tools to provide rights to individuals. Mazhar Ul Haq says:
Rights are useful and necessary for the individual, for the
society and the state. Their utility for the individual has in
fact that they are the necessary conditions for the
development of human personality. They help man to be his
best self. They are the opportunities to express his will and
develop his personality. Rights are indispensable for the
moral growth of the individual. 288
 146
Haq explains this theory further:

Rights are those conditions of social life which enable a man

to be his best self … . State recognizes or fails to recognize
the common good, the rights would remain necessary. The
validity of the state is derived from this recognition. The
state is known by the rights it maintains. The state exists to
safeguard and guarantee the rights. It is in the sense that
rights are prior to the state. 289
This individualistic theory has been criticized by the supporters of the Social Welfare
theory as well as the Marxist theory. Anand says:
Rights have a social character and are given only to the man
living in the society and working in the overall interests of
the society. Rights cannot have anti-social nature because no
rights can be permitted to the individual at the cost of social
well being. 290

A person cannot be given unlimited rights because this freedom can be dangerous for the
person as well as for society. For instance an individual cannot be allowed to use harmful
narcotics because it can undermine his health and usefulness. It does not seem appropriate
to give a free hand to a person in the name of rights to damage his health. It is the
responsibility of the state to keep a check on such activities and habits of a person which
could be harmful.

c) Social Welfare Theory of Rights

The concept of Social Welfare was supported by Bentham, Mill and Laski. The
principal premise of this theory is that society is the ‘end’ and individuals the ‘means’.
They believe that if in the interests of society the rights are given to individuals, they can
also be withdrawn. Every individual has the prime duty to contribute to the society,
otherwise, he cannot claim any rights from the society. Haq discusses about Social
Welfare Theory of Rights in these words:
Its advocates hold that rights are essential for social welfare.
Man must possess rights to be of service to society. They are
socially useful or socially desirable because they promote
the greatest good of the greatest number. It was on the basis
of social welfare of the greatest number that Bentham and
Mill justified rights of the individual. … those rights are
recognized which contribute to public good. Yet they related
to individual’s happiness and personality, because the
welfare of community is built upon the happiness of the
individuals. … Hence, rights are not independent of society
but inherent in it. 291
 147

According to this theory, if rights are given to the individual, it is only to extract the
maximum from him for the benefit of society. The exponents of this theory are of the
opinion that if anything is good for the society, it would also be beneficial for the
individual. They further believe that it is the society which has given rights to an
individual. So, when society gives rights, it can restrict or withdraw any right in the
interest of society. Anand says:
The main contention of this theory is that individual rights
are limited by social welfare. Rights are not given to anti-
social individuals and rights are always restricted in the
interest of the society. Individuals are given rights so that
they may contribute to common good. 292

This theory in practice shows some loopholes. It has been observed in the third
world countries, that in the name of national or state interest, governments often usurp or
restrict the rights of individuals. It is true of countries having despotic regimes, where the
rulers always use this tool of ‘national or social’ interests to suspend rights of the people to
establish and prolong their rule. This theory of social welfare of rights has some grey areas
which gives despotic rulers a cushion to use in their interests. Although this theory has
some weaknesses, it carries more support of social scientists as compared to other theories.

d) Historical Theory of Rights

Thinkers like Ranke, Burgess and Maine were the supporters of the historical
theory of rights. They are also recognized as critics of Natural Rights theory. They give
great importance to the traditions and customs of a society which always have a strong
association with people.
Thinkers of the historical school maintain that laws are a
product of long historical evolutions of a society and are
based on traditions, customs and demands. They further hold
that with the change in time and circumstances rights also
change. Rights are the crystallization of customs and
traditions … . They maintained that as the character of laws
was historical so also was the character of rights. 293

Sometimes traditions are so strong that people prefer them over their religion and political
compulsions. It is a fact that traditions keep on changing with the passage of time,
therefore, claims to rights may also change.
Rights must be related to social ideals. But ideals constantly
change. Rights which are actually recognized in the past
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may become inadequate, obsolete or out worm (sic.) because
the ideals of life and happiness have changed since then.
Every age has its own ideals: hence it must have a new set of
rights. 294

For instance, fifty years ago, the right of clean drinking water, or clean environment was
not demanded. But massive industrialization and deforestation has caused contamination
of water and the environment which has compelled to include the right of clean drinking
water and a clean environment in the list of Human Rights. This happened at the
culmination of the 20th century.

e) Legal Theory of Rights

Karel Vasak writes in Human Rights: As a Legal Reality:

Human rights become a reality in law or how human rights,

which have been merely proclaimed, even in solemn form,
become established as guaranteed human rights …, it is
important to seek to establish guidelines for a legal system
of human rights whereby the individual may really be
ensured of his human rights and be able to enjoy them in his
daily life. 295

According to Legal Theory of Rights, only with the power of the state can the rights of the
people can be recognized, respected and ensured. Without the mechanism of state, no one
will guarantee the rights of the people. It is the state which creates judiciary and
establishes a system to enforce rights and check violators. Without the authority of state
enforcement of the rights would be just a claim and nobody would be there to protect
them. Supporters of this school of thought claim that the state actually creates rights and
they do not agree that the state just recognizes and accepts the rights.
It is propounded by the jurists of the Analytical school of
law. According to them, the state does not recognize but
actually creates rights. A right is that claim which is upheld
by the “force of the state upon the order of its courts.” It is
the law of command of the sovereign and his authority that
creates and maintains rights. Hence there is no right which
inherent in human nature. The state creates rights by
formulating then, by defining their scope and by establishing
law-courts and legal procedures to protect their enjoyment
by citizens. 296

The followers of this theory claim that the state is a necessary tool to create and enforce
Human Rights. In the absence of the state, there would be no rights, but claims of rights or
 149
power. “The exercise of natural rights of every man has no other limits than those which
are necessary to secure to every other man the free exercise of the same right; and these
297
limits are determined only by the law.” Austin and Bentham were great supporters of
this theory. They were of the view that it was the state which recognizes and protects
rights of the people through its legal system.
The legal theory of rights was criticized by the Pluralists, particularly, Laski. He
was of the opinion that the state had not created those rights but it had just recognized
them. The state has to respect the rights of a person, which was a necessary condition
without which a person might not be at his best. “Rights come not from law but from our
sense of right and wrong; and when it changes, our rights change. Hence, the law cannot
be the only source of rights.” 298

f) Marxist Theory of Rights

Marxist theory does not give free hand to the individual as far as his rights are
concerned. It puts corresponding responsibility on the individual if he gets rights. If a
person has some rights, he at the same time, has to undertake some obligations and duties.
Anand describes Marxist theory about rights in these words:
Rights are the product of class struggle in particular
historical circumstances. These are the achievements of
bourgeois revolution and were used by the emerging
capitalist class against the feudal privileges and against the
absolutist monarchies. The theory holds that the rights have
a social character and in order to be real, the conditions of
their realization must be provided by society. Each person
should contribute to society according to his ability and each
should get from the society according to his needs. 299

In the Marxist theory, the people have been treated equally and given opportunities to
bridge the gap which existed between ‘haves’ and ‘have-nots’ for the goal of equal
distribution of wealth. But, according to this theory, state system and the government take
precedence over man. Man’s personal interests, likings and liberties have been overlooked
in order to achieve the goal of safeguarding the system. The followers of the Capitalist
system criticize the governments in communist countries where according to them,
massive violations of Human Rights take place. So, according to this theory, man is just a
‘means’, and the system is the ‘end’. Therefore, the exponents of Liberal School criticize
Marxist theory of rights. They are of the view that man should be held supreme as he is the
creator of all institutions, including the state and political systems. If liberty, dignity and
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respect will not be given to an individual, there would be no use of the state or other
institutions.
Although the Marxist theory gives more importance to the social and economic
rights, like right to work, social security, education and adequate remuneration, it does not
give importance to the personal and political rights. The people have restrictions on
expression, protest, forming a political party, and possessing private-property. So, people
of communist countries have restricted rights as compared to the people in social welfare
countries. The Marxists rebut that in a capitalist country, like the USA, it is very risky for
a woman to walk at night in the cities because of the security concerns. Although people
have various rights and liberties there, their system is unable to provide them their basic
right of security.

g) Theory of Universal Rights

According to Mazhar Ul Haq, “Rights are, therefore, constantly changing because

of changes in human needs, demands and social ideals. Rights are relative and not
300
absolute.” Although in every society and culture, the concept of rights has certain
similarities, they also vary. It is a fact that variations in concepts pushes nations to wars
and conflicts and causes huge losses of live and collateral damage. After rapid
industrialization and the communications revolution, the demand for better living
standards has enhanced manifold. Concepts, fashions, sports and approaches have been
internationalized. The world has globalized and interwoven in economic, political and
social matters in such a way that no country can claim that it is purely self-sufficient. It is
a fact that war between two countries not only affects both the confronting enemies but
also entire region. So, no state can remain aloof from the International Community for a
long period. With scientific development, some countries possess strategic weapons of
mass destruction; therefore, the International Community is immensely wary of war. The
two World Wars in the first half of the 20th century have already played havoc and caused
immense destruction. To save the world from the scourge of wars, so that human-beings
could enjoy scientific and technological advancement, it is imperative to take appropriate
measures to create an understanding among states on critical matters, particularly
concerning wars. “The increasing interdependence of the modern world economically,
strategically, culturally, politically and technologically, has made concern for Human
Rights a major international fact.” 301
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After WW-II, leadership of the world had successfully managed to establish the
UN to redress the issues which could ruin the peace and progress of the world. Three years
after the emergence of the UN, its General Assembly adopted, with consensus, the
Universal Declaration of Human Rights. It was an effort to provide the world a universally
acceptable common international standard of Human Rights. It defined Human Rights
which placed all people at equal level, without any discrimination, on a higher pedestal,
where they could have dignity and worth. The UNDHR treats all people of all nations
equally and fairly without any prejudice of race, gender, colour, religion, sect, region,
nationality, social background, language or status. It should go without saying that respect
of Human Rights has to be inculcated in people as well as governments. It will give them a
sense of peace and co-existence for a better life and a secure world which is the need of
the time.

4.3 Children’s Rights in Child Labour Perspective

There are evidences in history which prove certain social and religious concepts
about the rights of children. Muhammad Sharif Chaudhry writes about the rights of
children in Islam, “According to a tradition of the Prophet (PBUH), education is
compulsory for every Muslim male or female and, therefore, the parents are bound to
provide them good education, religious as well as secular.” 302 He further explains:
The parents have also been exhorted to discharge their
duties and obligations towards their children. The duties of
the parents include nursing and bringing-up of children,
imparting of education and teaching of good manners and
maintenance and spending for their comforts besides kind
treatment, love, affection and their protection. 303

Islam, which came more than 1400 years ago, is quite supportive of the rights of children.
It emphasises that children deserve education, care and love. In addition to Islam, most
known religions are also supportive of the well-being of children.
Besides, women, slaves, minorities, people of colonies and labourers, children
were also being abused, maltreated and exploited. This segment is the weakest and most
dependent and vulnerable amongst all the segments of society because they do not have
any voice and association for their rights.
Matter of children’s rights was taken up first time at international level by the
International Save the Children Union (ISCU) in 1923. They were aware of the fact that
children were about one-third of total population of the world. And future of the humanity
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very much depends on their quality. So, it was important to define and ensure their rights
for their proper up-bringing and to make them quality individuals for a better future of the
world. The ISCU successfully managed to draw the attention of an international forum,
League of Nations (LON). Subsequently the LON adopted the ‘Declaration of the Rights
of the Child 1924’ which was considered a step forward towards welfare of children.
The Declaration of the Rights of the Child is the name given
to series of related children’s rights proclamations. The first
was drafted by Eglantyne Jebb and adopted by the
International Save the Children Union, Geneva, on 23
February 1923 and enclosed by the League of Nations
General Assembly on 26 November 1924 as the World
Child Welfare Charter. 304

Though, the declaration was quite consis but it gave importance to the child’s normal
development materially and spiritually. It stated that his hunger must be fed and sickness
must be nursed. Furthermore, child must be protected against every exploitation and
brought up to develop his talents.
After the formation of the UN, matter of the children’s rights was taken up again at
international level and need of a new declaration was felt. The UN adopted the Universal
Declaration of Human Rights in1948 and included some of the children rights in it.
However, it was not realize to address the matter of children’s rights separately.
Subsequently, significance and importance of children was felt and the UN put some
efforts not only to redress the problems of children for improvement of their conditions
but also to give them rights. “Declaration was drafted by the UN Commission on Human
Rights and adopted by the General Assembly of the United Nations on 20 November,
1959.” 305 Comparing to the earlier Declaration of the LON, the Declaration of the UN on
the Rights of the Child was more comprehensive and precise. It included more rights for
children to make their life good and to provide them better opportunities to become quality
individuals. Governments were supposed to recognize the rights of the children and to take
legislative and other measures progressively in accordance with principles of the
Declaration. Though, the UN Declaration was not binding on the states, it sent a strong
message to all stakeholders to respect it. Then 1970 was celebrated as ‘International
Children’s Year’. It was quite useful to strengthen the campaign for the rights of children
of the world.
The movement for children rights got strengthen after the adoption of land mark
the ‘Convention on the Rights of the Child’ (CRC) by the United Nations in 1989. This
 153
Convention provided a set of rights for the children in the world without any
discrimination. Since then conditions of the children have been tested on the standard
prescribed in the CRC.
In fact, the International Community showed its concerns and put some
commendable efforts to give specific and separate rights to the children keeping in view
their limitations and vulnerabilities as well as significance. Children rights of the CRC are
as much important as Human Rights prescribed in the Universal Declaration. They are
synonymous in meanings as well as in concept. In this regard, Qindeel Shujaat states:
Children Rights are human rights and denying rights to
children is a breach of human rights. Every person
including children has the right to human dignity and
integrity. These rights are upheld in constitution of
Pakistan, the Universal Declaration of Human Rights
(UNDHR) and the United Nations Convention on the
Rights of the Child (UNCRC). 306

Rajindar Sachar also opines: “After all, it may not be forgotten that Children’s Rights are
an integral part of human rights.” 307
The phenomenon of child labour in its new form came to the scene with the the
Industrial Revolution and brought along various violations of children’s rights. It is the
most exploitative practice which brings along various concomitants for the children
involved in it. Therefore, child labour turns out to be a challenging problem. Apart from
studying the phenomenon of child labour thoroughly it seems appropriate to know national
and international efforts, regulations and laws to check and stop it. The oppressive
working conditions, abusive and exploitative treatment of children by their employers
forced the consciousness of the reformists to take-up this matter. Since the Industrial
Revolution, voices have been raised to check the child labour, especially in Europe where
the Industrial Revolution took place.
In the 16th and 17th centuries, child labour was practiced in
orphanages and work houses. In 1667, for instance,
children worked together with convicts at the loom in
orphanage of Basel, in order to turn out products for sale.
One of the first to criticise the cruel exploitation of children
in workshops, particularly in the workshops run for
orphans, was Christian Gotthilf Salzmann, a representative
of the Enlightenment Movement. His criticism is voiced in
his novel “Carl Von Carlsberg or on Human Misery” which
appeared in 1783. 308
 154
Child labour is associated with another practice, i.e., ‘violation of the human rights of
children’ which had been overlooked for a long time. According to New Encyclopaedia
Britannica, the first law in this regard was made at the threshold of the 19th century:
The movement to regulate child labour began in Great
Britain at the close of the 18th century when rapid
development of large-scale manufacturing had resulted in
the exploitation of very young children in mining and
industrial work. However, the first formal law in this regard
was made in 1802, which was aimed at controlling the
practice of apprenticing pauper children to cotton mills
owners. 309

Then, the first law was amended to remove some weaknesses:

The Factory Act of 1833 addressed some flows of earlier
acts: it forbade the hiring of children younger than nine
years old to work in factories and also stipulated the need
for paid inspectors to enforce child-protection laws. In
1842, additional legislation restricted the work of children
in coal mines and prohibited underground work for girls.
Despite the resistance of champions of free market policies,
the working class secured a victory with an 1847 Act that
limited the work of both children and adults to ten hours a
day. 310

Britain took a lead in enacting laws against child labour and instigated other countries to
follow. The USA was the second country to act against child labour due to the pressure
from trade unions:
Responding to trade union pressure, Massachusetts (1842),
followed by Connecticut (1855), limited the workday for
children under twelve years old to ten hours. In 1881, the
American Federation of Labour, at its first annual
convention, called upon States to bar children under
fourteen from all employment. 311

Karl Marx (1818-1883) was a staunch critic of child labour and wrote against this
menace. He always advocated rights of education for children and held the capitalist
system responsible for child labour. Micheline R. Ishay describes in these words:
Marx and Angels called in 1840 for recognizing the rights
of children to free public education. “The rights of children
and juveniles must be vindicated,” Marx reiterated in 1868.
Provision for education and other legislation protecting the
rights of children, he further argued, needed to be
“enforced by the power of the state”… .“the right of
education is a genuine social right of citizenship, because
 155
the aim of education during childhood is to shape the future
of adulthood.” 312

Another industrialist country of Europe, Germany, came under the pressure of the
Socialist Movement against the practice of child labour, and awareness prevailed quite
vividly.
With the emergence of the Proletarian movement in the
“fraternity of workers” ‘Arbeiterverbruederung’ official
protests against child labour were articulated for the very
first time by the workers themselves. Accordingly, the
congress of workers which convened in Berlin between 23-
8-1848 and 3-9-1848 resolved that no child should be
engaged in industrial work of any sort which prevents
regular and full attendance of school before completing 14
years of age. 313

“The social Democratic Education Movement of the ‘Friends of Children’

(Kinderfreunde), since 1908 in Austria, and 1923 in Germany, became the largest non-
314
professional pedagogical and child movement of its time.” Similar legislation for the
protection of children was adopted in some other European countries. Ishay gives details:
Yet widespread lack of enforcement continued to corrupt
the integrity of early child labour legislation. To address the
problem and to broaden the campaign on behalf of children,
organized international efforts began with first International
Labour Conference in Berlin in 1890. … In 1900, the
International Association of Labour Legislation was
established in Basel, with branches in sixteen countries,
each organized to promote child labour provisions as part
of broader international labour legislation. 315

When industrialization was introduced in the Asian and African colonies by the
imperial powers, they could not check or control its concomitants, i.e., child labour.
Therefore, this practice kept spreading and became part and parcel of these backward
societies. Due to their weak socio-politico-economic conditions, these colonies could not
even apprehend the problem of child labour till the culmination of the 20th century. In
British India, the problem was not only spreading, but the deplorable conditions of child
labour had also been worsening with the passage of time.
In India, the first Factory Act was passed in 1881, which
defined a child as “any person below 12 and prohibited the
employment of children below 7.” The hours or work of
children between the ages of 7 to 12 were fixed at 9 hours
per day. Provision was also made for rest, intervals and
holidays. The act of 1891 raised the minimum age of
 156
employment of children to 9 and restricted the hours of
work of children between 9 and 14 to a maximum of 7
hours a day. The minimum age of employment was raised
to 12 in 1922. 316

The British Government took some more initiatives to check and regulate child labour in
Indian factories in accordance with the ILO convention.
Another step in the history of child labour law was Indian
Factories (Amendment) Act of 1922 for the implementation
of International Labour Organization (ILO) convention
(No. 5), 1919. According to this Act, minimum age for
child employment was raised to 15 years and maximum
working hours were fixed at 6 hours. 317

After one year, a new Act was introduced by the British Government in India to improve
the deplorable working conditions in mines for the children:
In 1923, a new Mines Act was enacted as existing laws in
the areas of mines were considered inadequate. This Act
fixed the working hours for above ground-work at 60 hours
a week, and for under-ground work at 54 hours a week.
This raised the minimum employment age from 12 to 13
years.
The Indian Factories Act of 1911 was further amended in
1926 which imposed certain penalties on the parents and
guardians for allowing their children to work in two
separate factories on the same day. 318

It shows that young children had been working more than 15 hours a day. In certain cases
they had been working in two separate factories in the same day. Even in the presence of
the stated laws, the growth and intensity of child labour remained out of control in India.
As a result, the British Government had to intervene to stop extreme exploitations of
children and constituted a commission to look into the matter and prepare a report.
In 1931, report of Royal Commission on Labour was
published. The Commission found that young children of
five years worked for 10 to 12 hours daily for very low
wages; they were not provided adequate meal, daily rest,
interval or weekly rest. 319

Later on, to check the miseries of the children working in mines, some more amendments
were made in the Mines Act of 1923. “The Mines (Amendment) Act, 1935 introduced
classification of children according to age groups. The Act prohibited employment of such
children in the mines who were below 15 years of age.” 320 In the history of British India,
for the first time, ‘Employment of Children Act’ was implemented in 1938 because the
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Factory Act and Mines Act did not cover those children who used to labour in workshops
and other small establishments. The weaknesses of these Acts provided leverage to the
employers of the small establishments to use and hire children. “The Employment of
Children Act, 1938 was enacted in order to prevent the evils of employment of children in
workshops which were not covered by the Factories Act.” 321 It is a fact that enforcement
of laws against child labour remained a controversial question in pre-independent India.
Absence of political will, inadequate infrastructure and weak administrative machinery
always provide room to the employers to exploit the situation and, resultantly, child labour
grew.
Inefficient enforcement machinery made the law almost
dead letter, so the evils continued. In addition to these
defects, it did not cover the agriculture and unorganized
sectors of the economy. The number of factory inspectors
was kept so low (39 for the whole of India in 1929,
according to the Whitely Commission Report) as to render
it impossible even for an annual inspection of every
factory. This resulted in evasion of the law. 322

In 1947, India got independence from Britain and consequently, Pakistan came into
being as a separate sovereign state. Though some efforts were made in India before and
after its independence (August 1947) to check child labour, but these could not achieve
desired results. The governments at different times in Pakistan made a few efforts to check
and control child labour. For that matter, new laws were enacted and some old laws of
British India were either retained or amended.
Article 11 (1) of the Constitution of Pakistan, forbids
slavery and states that no law shall permit or facilitate its
introduction into Pakistan in any form. Article 11 (2)
prohibits all forms of forced labour and traffic in human
beings. Article 11 (3) prohibits employment of children
below the age of 14 years in any factory or mine or any
other hazardous employment. 323

The Mine Act (1923) and Factories Act (1934) of British-India were retained with
minor amendments by the Pakistan Government after Independence. In 1957, the
Government of Pakistan ratified ILO Forced Labour Convention No. 29. In 1960, Pakistan
ratified ILO ‘Abolition of Forced Labour Convention No. 105’. Then, in 1961, ‘Road
Transport Workers Ordinance’ was enforced. It prohibits children below the age of 18 to
work in this occupation. In 1969, ‘The West Pakistan Shops and Establishment Ordinance’
prohibited employment of children below the age of 12 years in any shop or establishment.
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Later in 1977, the minimum age for workers was raised to 14 years to work in any
establishment. ‘The Employment of Children Act 1991’ prohibited the employment of
children in certain occupations and regulated their conditions of work. ‘The Bonded
Labour System (Abolition) Act 1992’ declared all customs, traditions, practices, contracts
or agreements concerning bonded labour as void and inoperative. The important aspect of
this Act is that it also fixed penalties for the violators of the law.
The developed countries were aware of the fact that if this practice continued, it
would have serious repercussions for the socio-economic conditions of the developing
countries. At the same time, the Western media and human rights organizations were also
pressing their governments to give attention to, and use their influence to, check child
labour in the developing countries. The developed countries took notice of exploitations of
children and applied some political and economic pressure on the developing countries.
They also involved some international institutions and agencies in their efforts. Although
the ILO had a ‘Convention of Minimum Age-1973 for admission to employment or work’
yet most of the developing countries did not give it due importance and it remained
ineffective. According to Fawad Usman Khan, “The campaign against child labour gained
strength after the unanimous adoption of the ‘Convention on the Rights of the Child’
(CRC) by the General Assembly of the United Nations on 20 November, 1989 which
came into force in 1990.” 324 To mark the significance of the CRC, every year, November
20 has been celebrated as ‘Universal Children’s Day’ all over the world including Pakistan
as a tool of advocacy of children’s rights.
The CRC provided a set of universally accepted standards for all children, ensured
their survival, development, protection and participation in totality and not in isolation. It
further forbade child labour and put emphasis on the states for enforcement of the laws to
deal with the child labour problem. The world summit for children in 1990 was another
important milestone to strengthen international efforts to improve the lives of children.
More than 190 countries signed the declaration, but it proved only a moral obligation on
the participating states to give attention to the children. Later on, a Memorandum of
Understanding (MOU) was also signed by most of the countries, including Pakistan, with
the ILO in early 1990’s. This MOU was drawn to encourage the signatory-states to
undertake activities for prevention and rehabilitation of child labour under the
International Programme to Eliminate Child labour.
Pakistan was reluctant to ratify the CRC and the ILO’s ‘Minimum Age Convention
1973’ and kept on resisting the pressure of the developed countries regarding child labour.
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Due to poor economic conditions, Pakistan was not in a position to afford the ban on child
labour instantly because numerous poor families were dependent on the earnings of their
children. At the same time, the Government did not have such resources to compensate
these families and to provide them with alternative economic opportunities. Then an
incident which was highlighted in the international media was the death of one bonded
child worker ‘Iqbal Masih’ in April 1995. It brought Pakistan under severe pressure of the
developed countries regarding child labour. The Nation, an English Newspaper from
Lahore, wrote:
In 1990’s the child labour situation in the country came
under international glare. There was immense pressure on
the Government to control the conditions. Trade sanction
prompted Pakistan into taking a number of initiatives in
this regard. 325

In order to explain the pressure tactics of the developed countries, Fawad Usman Khan
writes:
The developed world has devised powerful tools to exert
social and economic pressure on developing countries
guilty of violation of child labour standards. One of the
most effective tools is withdrawal of duty exemption on
exportable items under the General System of Preferences
(GSP). Any country found guilty of violating the minimum
age standard for entry into labour market, or not
implementing the prohibition of forced labour or not
making headway in working conditions can be penalized.
The simplest form of the penalty is withdrawal of duty
exemption. This action makes the exportable items of the
offending country incompatible in US market. The
European Union’s scheme of Generalized Tariff
Preferences (GTP) works in the same way as the US
System of the GSP. 326

The consciousness about child labour in the buyer countries of the west had risen
to a level that even consumers joined the campaign against this practice. Many consumer-
groups had turned against the purchase of carpets woven by children, which, eventually
reduced their sale in the markets of western countries. They lobbied to place a ban on
import of all products made by children to developed countries. No doubt, it could badly
affect already weak economies of the developing countries. Due to this threat, they started
giving attention to child labour just to oblige the campaigners in western countries. So,
various developing countries, including Pakistan, decided to deal with this phenomenon.
At the first stage, they ratified the CRC and ILO Convention-182. The Convention-182
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was a landmark against child labour. It took place in 1999 with the prompt support of the
International Community. It called on states to take immediate and effective measures to
implement the prohibition of worst forms of child labour. It emphasized withdrawal of
children from hazardous occupations which would harm the health and safety of children.
It is pertinent to mention here that scavenging through children falls in hazardous
occupations and awaits attention of the Government to be redressed. About 122 countries
of the world have already ratified this Convention. “Pakistan ratified Convention-182 on
15 August 2001.” 327
After ratifying the CRC and Convention-182, Pakistan certainly shared some
obligations and responsibilities in comity of nations. Notwithstanding the consequences, it
has some national laws which possess ample clout to check and regulate child labour in
the country. In 2000, the Government of Pakistan announced ‘National Policy and Action
Plan to Combat Child Labour’. It was regarded as a commitment which set as its target the
speedy elimination of child labour from all sectors by 2010. Furthermore, the Labour
Policy-2002 was a renewal of the promise of the Government of Pakistan with the
International Community to fight out child labour. In this policy, an important aspect was
covered that the age for the child was raised to 18 years for entry into the worst forms of
labour. Then, the government of Pakistan enforced the Prevention and Control of Human
Trafficking Ordinance 2002, which was also applicable to the children under 18 years of
age. It debarred exploitative entertainment related to human sports (children’s camel race)
or sexual practices. Moreover, severe punishment for the violators was introduced in this
Ordinance. With the support of the ILO, In Focus Programme on the Elimination of child
labour (IPEC) was conducted in Pakistan in 2004. This programme is in operation in 86
countries. There was another programme ‘Supporting Children’s Rights through
Education, Arts and Media’ (SCREAM) launched in 2002. It was a community based
education and social mobilization initiative that extended the range of non-conventional
partners of IPEC to embrace schools, arts and youth groups in countries. It aimed to help
educators to promote understanding and awareness of child labour in the youth.
Every year, ‘June 12’ is observed as ‘World Day Against Child Labour’ in
Pakistan also, as an instrument to make people aware and instigate stakeholders to play
their roles for the cause.
The Time-Bond Programme (TBP) offers a country a set of approaches, tools and
mechanisms for achieving a measurable and timely impact in their fight against the worst
forms of child labour. It was initiated in 2002 in a few countries. Pakistan was one of the
 161
eight counties which joined it in 2004. The TBP can facilitate the mainstreaming of child
labour concerns into regular social and economic development programmes, including
poverty reduction and Education For All (EFA), as organic approaches to wiping out the
problem. Although Pakistan, under the TBP, is committed to alleviate worst forms of child
labour by 2016, yet the pace is not up to the mark and results are unsatisfactory. Last but
not least the ILO’s ‘Minimum Age Convention 1973, No. 138’ was also ratified by
Pakistan in 2006, which put the country under obligation to make such national policies as
to check child labour. Besides ratification of the CRC and Convention 182 and many other
international commitments and obligations, scavenging through children, the most
hazardous child labour is at rampage in Pakistan. It has yet to receive attention of the
Government to redress this unhygienic and degrading kind of child labour. On the other
hand Government does not seem interested to check scavenging through child because no
policy and strategy have been noticed.
 162

186
The New Encyclopaedia Britannica, 1973. Vol. 5, 369.
187
Ibid.
188
Ishay, The History of Human Rights, 28.
189
Ibid., 36.
190
The New Encyclopaedia Britannica, 1973. Vol. 5, 409.
191
Ibid.
192
Ibid.
193
Ishay, The History of Human Rights, 27.
194
Parveen Shaukat Ali, Human Rights in Islam, (Lahore: Aziz Publishers, 1980), p.115.
195
Ishay, The History of Human Rights, 29.
196
Ibid., 36.
197
Ibid., 41.
198
Ibid., 30.
199
Ibid., 42.
200
O. P. Chauhan, Human Rights: Promotion and Protection (New Delhi: Anmol
Publication Pvt., Ltd., 2004), 29-30.
201
http://www.crystalinks.com/confucius.html (Accessed: July 15, 2008)
202
M. Judd Harmon, Political Thought From Plato To The Present (New York: McGraw-
Hill Book Company, 1964, Reprinted by Nizami Press, Lahore, 1988), 47.
203
Ibid., 60.
204
R. Coupland, The British Anti-Slavery Movement (London: Thornton Butterworth,
Limited, 1993), 1.
205
Ishay, The History of Human Rights, 28.
206
Muhammad Sharif Chaudri, Human Rights in Islam (Lahore: All Pakistan Islamic
Education Congress, 1993), 23.
207
The Holy Quran, 17, 23-37.
208
Chaudri, Human Rights in Islam, 23.
 163

209
Ibid., 35.
210
Ibid., 33.
211
Parveen, Human Rights in Islam, 115.
212
Franz Rosenthal, The Muslim Concept of Freedom (Leiden: E. J. Brill, 1960), 30.
213
Chaudri, Human Rights in Islam, 26.
214
Ibid., 28.
215
http://en.wikipedia.org/wiki/Crusades 5/14/2003 (Accessed April 13, 2009)

216
J. A. Rickard, An Outline of the History of England (New York: Barnes & nobles, Inc.,
1946), 38.
217
Ernest Cassirer, The Myth of the State (New York: Doubleday and Company,
Inc.,1955), 163.
218
Harmon, Political Thought From Plato To The Present, 159.
219
Ishay, The History of Human Rights, 76.
220
Ibid., 99.
221
Ferdinand Schevill, A History of Europe From the Reformation to the Present Day
(New York: Harcourt, Brace & World, Inc., 1951), 215.
222
Raghubir Dayal, Modern European History (New Delhi: CBS Piublisher and
Distributors, 2007), 4.
223
Ishay, The History of Human Rights, 77.
224
Ibid., 85.
225
Lynda S. Bell, et. al., (eds.), Negotiating Culture and Human Rights (New York:
Columbia University Press, 2001), 25.
226
The New Encyclopaedia Britannica, 1988. Vol. 3, 208.
227
Ishay, The History of Human Rights, 78.
228
Harmon, Political Thought From Plato To The Present, 256.
229
Jack Donnelly, Universal Human Rights in Theory and Practice (London: Cornell
University Press, 2003), 47.
230
Ishay, The History of Human Rights, 79.
 164

231
http://www.classroomtools.com/voltaire.htm (Accessed February 2, 2008)
232
Ishay, The History of Human Rights, 64.
233
Ibid., 80.
234
Samuel Eliot Morison, The Oxford History of the American People Prehistory to 1789,
Vol. 1 (New York: Meridian, Penguin Books Inc., Oxford University Press), 356-357.
235
Ishay, The History of Human Rights, 74.
236
Schevill, History of Europe From the Reformation, 402-403.
237
The Encyclopedia Americana, Vol. 12, 1987, 68.
238
Ibid.
239
David Thomson, Europe Since Napoleon (London: Longmans, Green and Co. Ltd.,
1962), 11.
240
Schevill, History of Europe From the Reformation, 508.
241
UNESCO (ed.), Human Rights Comments and Interpretations (London, Allan Wingate,
1948), 25.
242
Meena, Struggle for Human Rights, 32.
243
Schevill, History of Europe From the Reformation, 504.
244
Ishay, The History of Human Rights, 9.
245
Coupland, The British Anti-Slavery Movement, 7-8.
246
Zafar, Human Rights, 167.
247
Judith S. Leuey, Agnes Greenhall (eds.), The Concise Columbia Encyclopeadia (New
York: Columbia University Press, 1983), 779.
248
Parveen, Human Rights in Islam, 104-105.
249
Coupland, The British Anti-Slavery Movement, 8.
250
The Encyclopedia Americana, Vol. 25, 19.
251
Chaudri, Human Rights in Islam, 196.
252
Ibid., 191.
253
Parveen, Human Rights in Islam, 112.
254
The Encyclopedia Americana, Vol. 25, 23.
 165

255
Morison, Oxford History of the American People, Vol. 2, 363.
256
Harmon, Political Thought From Plato To The Present, 400.
257
Ibid., 406.
258
Harold J. Laski, Communist Manifesto Socialist Landmark (London: George Allen and
Unwin LTD., 1961), 160.
259
Ishay, The History of Human Rights, 177.
260
http://www.ywca.org/site/pp.asp?c=djISI6PIKpG&b=295706 (Accessed May 5, 2008)
261
Ibid.
262
United Nations Charter, Preamble.
263
UN, Universal Declaration of Human Rights, Preamble, 1948.
264
UN Convention on the Political Rights of Women, 1952.
265
UN Universal Declaration of Human Rights, 1948, Article 2.
266
Ibid., Article 3.
267
UN, Convention on the Prevention and Punishment of the Crime of Genocide, 1948,
Article 1.
268
“Colonization”, Microsoft Encarta Encyclopaedia Standard, 2005.
269
“World War 1”, Microsoft Encarta Encyclopedia Standard, 2005.
270
Earl F. Ziemke, “World War II”, Microsoft Encarta Encyclopedia Standard, 2005.
271
Ishay, The History of Human Rights, 180.
272
The United Nations Charter, 1945, Article 1.
273
Meena, Struggle for Human Rights, 38.
274
Harold J. Laski, A Grammar of Politics (London: Penguin, 1925), 91.
275
Donnelly, Universal Human Rights in Theory and Practice, 7.
276
E. Barder, Princiles of Social and Political Theory (London: Penguin, 1951), 130.
277
T. H. Green, Lecturers on the Principles of Political Obligation (London: Oxford
University Press, 1985), 20.
278
Mazhar Ul Haq, Principles of Political Science (Lahore: Bookland, 1979), 179.
 166

279
Ibid.
280
Donnelly, Universal Human Rights in Theory and Practice, 11.
281
S. K. Kapoor, International Law and Human Rights, (Allahabad: Central Law Agency,
2004), 770.
282
Donnelly, Universal Human Rights in Theory and Practice, 10.
283
Husayn Salimi, Indroduction of Irano-Islamic views on Human Rights (Tehran: Alhoda
Publishers, 2001), I.
284
Meena, Struggle for Human Rights, 27.
285
Ibid., 29.
286
Mazhar, Principles of Political Science, 180.
287
Ibid., 181.
288
Ibid., 179.
289
Ibid.,193.
290
Meena, Struggle for Human Rights, 28.
291
Mazhar, Principles of Political Science, 183.
292
Meena, Struggle for Human Rights, 30.
293
Ibid.
294
Mazhar, Principles of Political Science, 191.
295
Karel Vasak (ed.), The International Dimensions of Human Rights: As a Legal Reality,
Vol.1, (Paris: UNESCO, Greenwood Press, 1982), 4.
296
Mazhar, Principles of Political Science, 182.
297
Vasak (ed.), The International Dimensions of Human Rights, 5-6.
298
Mazhar, Principles of Political Science, 183.
299
Meena, Struggle for Human Rights, 31.
300
Mazhar, Principles of Political Science, 191.
301
S. L. Bhalla, Human Rights: An International Framework for Implementation (Delhi,
Docta Shelf Publication, 1991), 3.
302
Chaudhry, Human Rights in Islam 79.
 167

303
Ibid.
304
http://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_the_Child 5/13/2003
(Accessed April 12, 2008)
305
Ibid.
306
Qindeel Shujaat, “Child Labour: A Vicious Cycle,” in The State of Pakistan’s Children
2006, ed. Fazila Gulzar (Islamabad: SPARC, 2007), 49.
307
Rajinder Sachar, Human Rights Prospects and Challenges (New Delhi: Gyan
Publishing House, 2004), 157.
308
Shandilya and Khan, Child Labour A Global Challenge, 2.
309
The New Encyclopaedia Britannica, 1988 ed., 208.
310
Ishay, The History of Human Rights, 166.
311
Ibid., 166-167.
312
Ibid., 143.
313
Shandilya and Khan, Child Labour A Global Challenge, 86.
314
Ibid.
315
Ishay, History of Human Rights, 167.
316
Shandilya and Khan, Child Labour A Global Challenge, 99.
317
Kumar, Problems of Working Children, 8.
318
Ibid., 8-9.
319
Ibid., 9.
320
Ibid., 10.
321
Ibid.
322
Ibid., 7.
323
Fazila Gulrez ed., The State of Pakistan’s Children 2006, (Islamabad: SPARC, 2007),
71.
324
Usman Khan, Training Manual on Child Labour for NGOs, 12.
325
The Nation, Lahore: 16 August 2001.
326
Usman Khan, Training Manual on Child Labour for NGOs, 17.
327
Dawn, Lahore: 16 August 2001.
168
 162

Chapter 5

Findings of the Survey

 163
Scavenging is an ongoing phenomenon which requires an empirical study for
research. There was no baseline data available about the population under study to
describe and explore the concept. The population of child scavengers in Lahore is in
several thousands. In some areas, the population under study is found to live in clusters,
but generally, it is scattered in the entire city. After mapping of the city, certain areas
populated with child scavengers were marked. It was quite difficult to observe and study
the whole population because, apart from being physically taxing and time consuming, the
exercise would also prove to be very expensive. Thus, interviewing the whole population
of child scavengers was beyond the means of the researcher. It was also not possible to
prepare a directory or source list of the population because of limitations.
In order to minimize the bias and formulate a reliable sample for the study, the
following considerations were kept in mind. In a situation where the population is very
large and scattered, it is not possible to observe and interview every item/individual. So,
by studying or interviewing only a group or a sample from the population, one can acquire
reliable information. For accuracy in results, it was imperative that the selected
respondents should be a microcosm of the population under study. In the profession of
scavenging, boys as well as girls less than 18 years of age, are also involved. However, the
ratio of girls was quite less compared to boys. It is pertinent to mention that due to cultural
restrictions, girls were not willing to be interviewed by a stranger. Nonetheless, efforts
were made to ensure that some girls were included in the sample. Child scavengers can be
bifurcated into two categories i.e., Pakistanis and Afghans. However, Afghans have out
numbered local child scavengers. Therefore, apart from locals, a major share in the sample
was of Afghan child scavengers, so they were approached and interviewed to obtain their
input. To avoid systematic bias, an appropriate frame of the sample was ensured. Thus
child scavengers of different age groups were included to record their interviews. Some
child scavengers use different means of conveyance like bicycle, cart or donkey cart for
the transportation of scavenged items. So, a small portion of these child scavengers has
also been included in the sample. In the mapping it was observed that the majority of child
scavengers worked in the main dumping sites of Lahore, thus, almost 50 percent of the
respondents were from these sites. Similarly, to obtain input from all sections of
respondents, a sizeable number of child scavengers who were interviewed were working in
areas other than the main dumping sites.
The interviews were conducted in the natural and routine working environment of
the respondents. To develop a rapport with respondents, the questions were asked in their
 164
native languages. Furthermore, associates or senior family members of the respondents
were also involved during the interview sessions to provide them a comfortable
environment.
After consultations with some survey-experts, officials of the Labour and
Manpower Department, Government of the Punjab, NGOs and the Statistics Department
of GC University, Lahore, a sample of 100 respondents was decided initially. Later, for
more accuracy and reliability, it was increased to 200 respondents. As there was no
directory of baseline data of the population under study, non-probability sampling method
was chosen i.e., ‘purposive sampling’ or ‘judgmental sampling’. A preliminary pilot
survey was also undertaken. The shortfalls of the pilot survey proved useful in developing
the final survey schedule of the research. In this chapter a percentage analysis will be
carried out on the basis of the answers of the questions taken from 200 respondents in the
sample. Through certain questions, some hidden aspects of the population under study
which are unknown to the academicians and researchers, have also been brought to light.
As a matter of fact, in this procedure there is always margin for error, but in social
sciences, due to time and financial constraints, it is quite common to study a selected
sample of a population.
Apart from documenting the general characteristics of child scavengers, the main
objective of the study was to determine the violations of humans rights that the children in
this profession experience. This is also the case of the research. In order to conduct the
survey, an interview instrument/schedule was prepared to obtain first hand information
from the respondents. It has different sections of questions comprising of respondents’
personal, family, educational and economic particulars. Some questions about professional
health and environment, living conditions, hopes, aspirations, wealth-ranking and apparent
deformities are also included. The questions in these sections have multiple answers to
facilitate the respondents. All the questions of the survey/interview instrument are pre-
coded and the data is fed in the SPSS to obtain some statistical results. The survey will
help to identify the problems, exploitation, conditions, environment and discrimination
faced by the respondents in the profession. On the basis of the answers of the questions,
one can determine the particular rights of child scavengers which are being violated. The
inferences taken from the study will be useful to suggest remedies to redress the problem
of scavenging through children.
 165

5.1 Percentage Basis Data Analysis of the Findings

Figure 5.1 Distribution of the Respondents as Per Their Age in Terms of Years.

35
32
No. of the Respondents

30
25 26
23
25 22
21 20
20
15
9 10
10 7
4
5
1
0
s

8 rs

9 rs
10 ars

11 ars

12 ars

13 ars

14 ars

15 ars

17 rs

s
16 ars
ar

ar
a

a
ye

ye

ye

ye

ye

ye

ye

ye

ye

ye

ye

ye
6

Age of the Respondents

The researcher observed during the survey, that in the scavenging profession, a
large number of children was involved. “The ratio of children as compared to grow up
328
persons was very high particularly, at the main dumping sites of the city.” In the
survey, the youngest amongst the respondents interviewed was only six years of age. Out
of 200 respondents 21% had not crossed 10 years and 59.5% had not crossed 14 years.
The data shows that the majority of child scavengers belonged to comparatively young age
groups. The involvement of these young children in scavenging has made it a matter of
concern for the society as well as the government.

Table 5.1 Distribution of the Respondents According to Their Gender.

Category Frequency Percent

Male 186 93.0
Female 14 7.0
Total 200 100.0

Though there was no data on the number of females involved in scavenging but
during the survey, it was observed that the number of females was quite substantial. Most
 166
of them worked particularly at main dumping sites in shape of groups and, obviously, such
collective activity gave the girls a sense of security. But the findings of data do not reflect
the real strength of females in this profession. Statistics show that only 7% of the
respondents were females, which understates their actual ratio. The main reason of this
under representation of females is that, invariably, they were not willing to be interviewed.
According to Haji Bashir, “the ratio of females was between 20% to 25%, particularly, at
the dumping sites of Lahore.” 329
It was also observed that these females either belonged to a mature age group, i.e.,
around or above 50 years of age, or girls were below 14 years of age. It was also noticed
that the presence of girls was higher than mature-aged women. However, females in the
20s, 30s or 40s were rarely seen at the dumping sites. It seems that they stay at home to
fulfill their domestic responsibilities.

Table 5.2 Distribution of the Respondents on the Basis of Answers of the

Following Questions.

Box Category Yes % No %

Whether their names have been registered with
5.2.1 NADRA (National Database Registration 31 15.5 169 84.5
Authority).
5.2.2 Are their fathers alive or not? 148 74.0 52 26.0

5.2.3 Do their fathers belong to the same profession? 35 20.4 136 79.6
Are other members of their families in the same
5.2.4 117 58.5 83 41.5
profession?
5.2.5 Are their mothers alive? 175 87.5 25 12.5

5.2.6 Are they literate? 42 21.0 158 79.0

5.2.7 Are they school drop-outs? 69 34.5 131 65.5

5.2.8 Are their mothers literate? 11 6.3 164 93.7

Box 5.2.1 shows that 84.5% of the respondents revealed that they were not
registered with NADRA and 15.5% stated otherwise. It reflects that an overwhelming
majority of child scavengers does not appear in the official record. Though it seems a
small matter, but it is a violation of the rights of children. According to the CRC, it is the
basic right of every child that he/she must be registered immediately after his/her birth. It
 167
is also a matter of concern that these children have never been counted by any agency of
the Government to determine about the magnitude of child labour in Pakistan.
In box 5.2.2, data discloses that 26% of the respondents’ fathers were dead and
74% stated that their fathers were alive. It is pertinent to mention here that 29 respondents
said that their fathers were dead or had deserted the family. So, out of the remaining 171
respondents, box 5.2.3 reveals that 20.4% stated that their fathers were undertaking
scavenging as a profession and 79.6% replied negatively. The majority of the respondents’
had fathers who were not undertaking scavenging, but sent their young children to labour.
In table 5.2 box 5.2.4 explains that the majority of the children, (58.5%) replied
that other members of their families also did the same work. It shows that apart from
respondents, other members of their families were undertaking scavenging. It was
observed during the survey that in a number of cases, elder brothers used to accompany
young siblings in scavenging at the main dumping sites. In other cases, some groups
comprising of neighbors or members of a common clan or common areas also scavenged
together. In box 5.2.5, the findings reveal that an overwhelming majority (87.5%) of the
respondents’ mothers were alive and only 12.5% had lost their mothers.
Box 5.2.6, shows that 79% of the respondents were illiterate. Although 21%
respondents could read a little, they were drop-outs. It shows that an overwhelming
majority of these children were never admitted to schools for education. It is a violation of
their basic rights. Similarly, box 5.2.7 reveals that 34.5% of the students are in the drop-
outs category, and 65.5% of the respondents can be placed in the category of who were
never admitted to any school or madrassa. The last box 5.2.8 of the table 5.2 explains that
out of the sample of 200 respondents, 25 respondents’ mothers were dead or not living
with the family. Out of the remaining 175 respondents, only 6.3% of the mothers were
literate, and an overwhelming majority (93.7%) was illiterate. The findings show that
illiteracy has close association with the phenomenon of scavenging through children.
 168

Figure 5.2 Distribution of the Respondents: The Age at Which They Started
Scavenging?

13-15 20
Age Groups

10-12 59

7-9 80

4-6 41

0 20 40 60 80
Number of Respondents

A scavenger does not require any specific skill and resources to start his work.
Therefore, very young children, some even less than eight years of age, were also found
busy in scavenging. These young ones worked as helpers of their senior siblings, parents
or associate scavengers. They are directed by their seniors to sort-out things like polythene
bags, bottles, glass-pieces, tins, clothes, cards and papers from the garbage and they keep
them in their bags. The findings of the survey reveal that 20.5% of the respondents belong
to the youngest age-group, i.e., four to six years of age. It is worth mentioning that this is
the age when these children are not even in a position to communicate properly, and had
difficulty in understanding many questions of the interview schedule/instruments.
Sometimes, therefore, the services of their senior associates were hired to communicate
with them. The age category of seven to nine years had the highest (40%) ratio among all
age groups of scavengers. The respondents belonging to those two age groups were quite
vulnerable and dependent on elders to a great extent. If both the stated groups are
combined, the tally goes up to 60.5% of the total respondents. It is pertinent to mention
that a majority of children started scavenging when they were less than nine years of age.
 169
This is the age when children are supposed to be in schools according to the CRC. The age
group of child scavengers of ten to twelve years had 29% ratio, and thirteen to fifteen
years 10% ratio in total respondents. A child of about nine years of age could scavenge
material worth 70 to 80 PAK rupees approximately which is equal to one US dollar.
It seems an incentive for poor parents, because the more children they send to this
field, the more income they can generate. So, a child has an economic value. This also
instigates poor parents to produce more children and they end up with a very large family.
It creates a vicious circle of scavenging and turns to be a family profession. It was also
noted in the survey that, in many cases, most of the siblings of one family were
undertaking the same work. Once it becomes a family profession, then it is difficult for
children to avoid it.

Table 5.3 Distribution of the Respondents on the Basis of Urban or Rural Areas.

Category Frequency Percent

Urban 37 18.5
Rural 163 81.5
Total 200 100.0

The findings of the survey reveal that the majority of the scavengers come from
rural areas and they do not belong to that city where they work. According to the data,
81.5% of the respondents come from rural areas and only 18.5% belong to urban areas. If
they have been undertaking this kind of work which does not have respect in the society,
then there is high probability that these are unskilled workers. Otherwise, they can get
some jobs in the city. It is also inferred that good economic opportunities are not available
in their native areas, consequently, they are compelled to join the profession of scavenging
in cities.

Table 5.4 Distribution of the Respondents on the Basis of Province or Territory

(FATA) of Pakistan to Which They Belong.

Category Frequency Percent

Balochistan 5 2.5
FATA 7 3.5
N.W.F.P 26 13.0
Not Applicable 105 52.5
 170
Punjab 57 28.5
Total 200 100.0

It was noted during the survey that, an overwhelming majority of the scavengers
was composed non-locals. They had come from rural and backward areas of the Punjab
province, Khyber Pakhtunkhwa and the FATA. However, the Not Applicable (NA)
category (52.5%) in the table shows that these respondents do not belong to any area of
Pakistan. Their origin was Afghanistan and they topped the population of child scavengers
in Lahore. The further division of Pakistani child scavengers shows that out of 47.5 %
respondents, 28.5% had belong to Punjab, 13% to Khyber Pakhtunkhwa, 2.5% to
Baluchistan and 3.5% to the FATA respectively. The findings of the survey also reveal
that an overwhelming majority of child scavengers was of immigrants.

Table 5.5 Distribution of the Respondents: In Case They Were Not Citizens of
Pakistan.

Category Frequency Percent

Afghanistan 105 52.5
Not Applicable 95 47.5
Total 200 100.0

The data shows that the majority of immigrants has come from Afghanistan. They
are victims of a prolonged armed conflict in Afghanistan and in search of security, shelter
and food they migrated to Pakistan. The findings of the survey reveal that the presence of
locals in this profession was nominal because of social and cultural restraints, as because it
was looked down upon by the society. The basic causes of involvement of immigrants in
this profession are that they are generally illiterate, unskilled and without any reference to
obtain jobs in the cities. However, scavenging is a profession that anybody can start
without any financial resources and experience. So, many Afghan immigrants undertake
this economic activity to meet their elementary needs. It was also noted during the survey
that a considerable number of immigrants beg in the city. In some cases, it was revealed
that they undertake both activities simultaneously. But the majority of these immigrants,
whether belonging to Pakistani or Afghan areas, was reluctant to undertake begging.
According to them, begging kills self-esteem and the honour of a person. Thus, they
prefer scavenging over begging because they consider it an activity where labour was
involved for earning. It can be said that when these immigrants do not get jobs in the city,
many of them begin scavenging, thus, they dominate this profession. Compared to other
 171
kinds of child labour categories, earning in scavenging at initial stages is better. A child,
from the very first day, starts earning, which is rarely possible in other categories of child
labour, particularly, in skill-oriented jobs and apprenticeships. In response to the question
whether they wanted to go back to their native areas, a majority of respondents (58%)
were not willing to go back because they were earning good money here by undertaking
scavenging.

Table 5.6 Distribution of the Respondents: What Were They Doing Before
Joining This Profession?

Category Frequency Percent

Studying in school 52 26.0
Doing any other work 30 15.0
Nothing 116 58.0
Begging 2 1.0
Total 200 100.0

In response to the question, the majority of the respondents (58%) replied that they
were doing nothing prior to scavenging. It means that they were sent to this profession
directly, and they were never admitted to any educational institution, though 26% of the
child scavengers in the sample were admitted to schools, and later on, became drop-outs.
15% stated that they were doing some other work, and 1% said they had been begging
before joining scavenging as a profession. It is a matter of concern that 74% of child
scavengers had never gone to any school for educational purpose. It can be inferred that no
school-going or illiteracy has close association with this profession. Thus basic right of
education of the children is breached in scavenging.

Table 5.7 Distribution of the Respondents on the Basis Whether Their

Involvement in the Profession was Under Compulsion or With Their
Own Will.

Category Frequency Percent

Compulsion 117 58.5
Own will 83 41.5
Total 200 100.0

To this query, 58.5% of the respondents said that they had begun this work under
compulsion from their parents. However, 41.5% stated that they started this work of their
own accord and they did not have any other option. In a majority of the cases, the
 172
respondents had to do this work to feed themselves or their families. Whether a child is
compelled to undertake scavenging or he starts with his own will, in both the cases,
poverty is the prime reason behind it. According to Tahir Manzoor “scavenging is the
easiest way for unskilled children to earn money.” It is the responsibility of the parents as
well as the Government to save the children from labour as it is a violation of their rights
as prescribed in the CRC.

Table 5.8 Distribution of the Respondents: The Biggest Causes Which Had
Compelled Them to do This Work.

Category Frequency Percent

Education not affordable 17 8.5
Lack of interest in studies 3 1.5
School not available 3 1.5
Need of money 176 88.0
War, Political Instability 1 .5
Total 200 100.0

To the question, an overwhelming majority (88%) of the child scavengers revealed

that need of money was the biggest cause which compelled them to do this work. It
reflects that extreme poverty is the major cause which makes children indulge in this
profession. It has already been assessed that the areas from where these immigrants come
from are known for scarcity of economic opportunities. However, large family sizes and
the absence of social protection system force them to choose this appalling profession. In
case of immigrants from the FATA and Afghanistan, war and armed conflicts are the
additional causes which have driven them out from their native areas. In a city like Lahore,
they have very few options open to them to survive. They would have to beg or indulge in
some illegal activities, hence scavenging is the ready option.
Table 5.9 Distribution of the Respondents: How Fathers’ Health Conditions
Were?

Category Frequency Percent

Fit 107 53.5
Sick 50 25.0
Disabled 7 3.5
Drug addict 5 2.5
NA 31 15.5
Total 200 100.0
 173
Another question in table 5.9 reveals the health conditions of the respondents’
fathers. 25% stated that their fathers were sick, 3.5 disabled, 5% drug addicts and 15.5%
belonged to NA category respectively. These 31 respondents of the NA category show that
their fathers were not alive at the time of interview. The difference of 21 respondents with
the box 5.2.2 shows that when they were alive either they had some health problem or
disability or drug addiction. It shows that more than half of respondents’ fathers (53.5%)
were physically fit and the remaining 46.5% were not and had some health problems. So
when the father of a child was not physically fit or unable to do work, the child of a poor
family would be more prone to work.

Table 5.10 Distribution of the Respondents on the Basis of Number of Family

Members Involved in Scavenging.

Category Frequency Percent

2-4 94 47.0
5-7 18 9.0
8-10 5 2.5
None 83 41.5
Total 200 100.0

On this inquiry, 47% of the respondents stated that 2 – 4 members of their family
had been involved in the scavenging profession, 9% revealed that 5 – 7 members, 2.5%,
stated 8 – 10 members of their family were doing the same work. However, 41.5% stated
that nobody else from their families was involved in the scavenging profession. It results
that majority (58.5%) of the respondents belong to families where, apart form respondents,
other members of their family also do the same work.

Figure 5.3 Distribution of the Respondents According to Family Size.

 174

15-17
12-14 1%
4.5% 3-5
19.5%

9-11
25%

6-8
50%

A family usually consists of husband, wife and their children. The data discloses
that 50% of the respondents belonged to a family of that category which consisted of 6-8
members. The second highest percentage among the respondents was 25% who had a
family size of 9-11 persons. If two categories of 6-8 and 9-11 persons family sizes are put
together, it would include 75% of the total respondents. 4.5% belonged to families with
more than 12 members. If a family has more than five members, then it is regarded a large
family. The data shows that most of the respondents (80.5%) belonged to families of large
sizes. It can be inferred that the combination of large family size and poverty generates
involvement of children in scavenging profession.

Table 5.11 Distribution of the Respondents: Do They Leave School Before

Completing Class 1, 3 or 5?

Category Frequency Percent

1 34 49.3
3 28 40.6
5 7 10.1
Total 69 100.0

Table 5.11 states that from the sample of 200, only 69 children were admitted to
schools. Out of 69 respondents, 49.3% had left schools before they completed class 1 and
40.6% before class 3, only 10.1% before class 5. It shows that almost all child scavengers
who got admission to schools, somehow, could not carry on their education. Thus, it
reflects that scavenging and education do not have compatibility.
 175
Table 5.12 Distribution of the Respondents: Do They Want to Get Education?

Category Frequency Percent

Yes 127 63.5
No 47 23.5
Not clear 26 13.0
Total 200 100.0

Table 5.12, on this question, says that 63.5% of the respondents wanted to get
education and 36.5% thought otherwise. It shows that the majority of these children were
willing to get education, but some factors had kept them away from education. However,
13% were not clear about the answer. On another query, 76% of the respondents thought
that education was beneficial, only 9.5% were not in its favour. 14.5% were not clear
about the question.
Table 5.13 Distribution of the Respondents: If Given a Chance, Would They be
Ready to Get Education?

Category Frequency Percent

Yes 125 62.5
No 48 24.0
Not clear 27 13.5
Total 200 100.0

Table 5.13 shows that 62.5% of the child scavengers wanted to get education while
24% were not in favour of education, and 13.5% were not clear. The findings show that
the majority of respondents were in favour of education, but circumstances did not allow
them to get education.

Table 5.14 Distribution of the Respondents: If They Started Getting Education,

Would They Leave This Work?

Category Frequency Percent

Leave this work 105 52.5
Continue this work with
35 17.5
education
Not Clear 60 30.0
Total 200 100.0

The majority of the respondents, (52.5%) wanted to leave this work, and 17.5%
intended to continue this work simultaneously with education. However, 30% of the
 176
respondents were not clear. It can be inferred that the majority of these children did not
like scavenging. If they were given a chance to get education they would become
productive and useful citizens. But somehow, they had not been given fair chances and
good opportunities in life.

Table 5.15 Distribution of the Respondents Whether Their Fathers Were Literate.

Category Frequency Percent

Yes 33 22.3
No 115 77.7
Total 148 100.0

Table 5.15 discloses that only 22.3% of the respondents’ fathers were literate,
meaning thereby that they can read and write little, and 77.7% stated in the negative.
However, 52 respondents did not have there fathers with them either they were dead or
had left them. It has been found that illiteracy and scavenging have a correlation. The
majority of family members of scavengers are not literate; hence, they are ignorant of the
significance of education. Therefore, they are not keen to give education to their children.
So, the environment of their families is not supportive for the education of children.

Table 5.16 Distribution of the Respondents: Fathers’ Level of Education.

Category Frequency Percent

Primary 20 60.6
Middle 6 18.2
Matric and above 7 21.2
Total 33 100.0

From a sample of 200, only 33 respondents’ fathers were literate. Out of 33,
literate fathers 60.6% had gone to the level of primary school, 18.2% to level of middle
and 21.2% to level of matric and above. It shows that no education or a low level of
education among fathers of the respondents was very common. It gives strengthen to the
inference that illiteracy is a potential factor for scavenging, particularly, among poor
families.

Table 5.17 Distribution of the Respondents According to Level of Education of

Their Mothers.
 177

Category Frequency Percent

Primary 7 63.6
Middle 4 36.4
Total 11 100.0

In 200 only 11 (5.5%) respondents’ mothers were literate. Out of 11 mothers,

63.6% had reached primary and 36.4% middle level of education. These findings reflect
that in parents of scavengers, either there is absence of education, or extremely low level
of education exists. Most of literate parents had not gone beyond the primary level of
education. It is a finding of some other studies that illiteracy is one of the major causes of
the growth of most kinds of child labour.

Table 5.18 Distribution of the Respondents on the Basis of Answers of the

Following Questions.

Box Category Yes % No %

5.18.1 Do their fathers do anything for earning? 114 77.0 34 23.0

5.18.2 Do their mothers do anything for earning 36 20.6 139 79.4

money?
5.18.3 Are they abused at work? 38 19.0 162 81.0

5.18.4 Have any Government officials approached 17 8.5 183 91.5

them?
5.18.5 Have people of NGOs approached them? 18 9.0 182 91.0

5.18.6 Do they give rent for their dwellings? 112 56.0 88 44.0

5.18.7 Are latrines available in their houses? 112 56.0 88 44.0

5.18.8 Do they eat leftover food in the garbage? 47 23.5 153 76.5

5.18.9 Do they smoke? 30 15.0 170 85.0

 178
In the box 5.18.1 of Table 5.18, out of the sample of 200, it is pertinent to mention
that 52 respondents’ fathers were not alive. Thus, out of the remaining 148 respondents,
77% of the respondents’ fathers were doing something to earn money. However 23% were
doing nothing to earn money. Though the majority of fathers do something to earn money,
but in the subsequent Table 5.23, findings show that their earning was not sufficient to run
the household. But there is a sizeable number of fathers who did not do any thing to earn
and feed their families. So, in case of insufficient earning or no earning of fathers, families
of poor strata are likely to send their children to labour to pool in the family earning.
Findings in Box 5.18.2, reveal that 25 respondents’ mothers either died or had
separated from the family. Out of the remaining 175 respondents, 79.4% replied that their
mothers did not do any work to earn money and only 20.6% said that their mothers were
involved in some economic activity. Mostly, the respondents’ mothers looked after the
houses, the infants and the small children. But it was noted that when parents separated,
and the children were very young and unable to do work, the mother had to work to feed
her family. As compared to the income of males, the findings reveal that the earning of the
female was quite low. Therefore, the children of single parent were more likely to labour,
particularly, when no social security system is in placed to help the needy.
Box 5.18.3 shows that only 19% of the respondents complained that they had been
abused, mostly by their family members. Despite deplorable conditions in the profession
of scavenging, a low ratio of abuse was recorded. Child scavengers are self-employed,
therefore, they are safe from the abuse of employers as in other kinds of child labour.
In box 5.18.4, for an assessment of the role of the Government 91.5% of the
respondents stated that Government officials never approached them. In box 5.18.5, there
was a similar picture regarding the role of NGOs. 91% of the respondents replied that no
representative of any NGO had ever approached them. The findings in both the boxes
show that this kind of child labour is overlooked by important stakeholders. They seem
reluctant to redress this child labour for unknown reasons.
Box 5.18.6, reveals that 56% of the respondents live in rented houses and 44%,
live otherwise. In box 5.18.7, on an inquiry about the facility of latrine in their houses,
56% of child scavengers answered in the affirmative and 44% in the negative. It means
that a large ratio of the respondents do not have this basic facility in their houses. In box
5.18.8, on the question whether they eat leftover food in garbage, 23.5% of the
respondents revealed that they did eat leftover food in the garbage, 76% replied in the
negative. But during the survey, it was noted that they generally did not hesitate to eat
 179
leftover edibles in garbage. They also shared those edibles with each other. It was
witnessed that when one child scavenger found an apple and another a guava, they shared
them with their associates present on the occasion. They did not mind even to eat rotten
food available in garbage. They did not even bother to wash the fruit and eatables before
eating, which they found in the garbage. These findings show their level of poverty,
hunger and ignorance about their health.
In last box 5.18.9 of table 5.18, on a query whether they smoke, 15% of the
respondents replied in the affirmative and 85% in the negative. But it was observed during
the survey that a fairly good number of child scavengers did smoke. Due to social and
cultural taboos, they were hesitant to answer this question truthfully. Some other
addictions like Gutca, Niswaar and Hash are also reported during the survey. But a
strange kind of addiction of Samad Bond (liquid glue) has been noted in a fairly large
number of child scavengers. This substance is used to attach or fix carpets with floors or
for binding two things to each other. It has a nasty smell of a combination of some
chemical substances. It is cheap and excessively available, and its use is not illegal. It
cannot be ruled out that it is harmful for the digestive and nervous system of a human
being. It was however reported that this liquid affects the minds of the users. In fact, no
measure has been noted from parents of addicted children or from the Government to
check the use of this harmful adhesive.

Table 5.19 Distribution of the Respondents: For What Purpose Government

Officials Approach Them?

Category Frequency Percent

Counting 5 29.4
Inquiry 8 47.0
Helping you 1 1.0
Your Rehabilitation 3 17.6
Total 17 100.0

Out of the remaining 17 respondents (29.4%) told that the Government officials
came just for the purpose of counting, 47%, for inquiry, 1%, for helping them and 17.6%,
for their rehabilitation.

Table 5.20 Distribution of Respondents: For What Purpose People From NGOs
Approach Them?
 180

Category Frequency Percent

Inquiry 10 55.6
Helping you 4 22.2
Your Rehabilitation 4 22.2
Total 18 100.0

Prior to the survey, it was presumed that the Government, as well as NGOs, were
not taking child scavenging seriously; the survey strengthened this presumption. Table
5.20 reveals that from sample of 200, only 18 people from NGOs approached the
respondents. Out of 18 respondents, 55.6% said they came just for inquiry, 22.2%, said for
helping them and 22.2%, said for their rehabilitation. These findings show that this
particular child labour is ignored by the Government as well as the NGOs. This is the main
reason that there is unavailability of data and baseline study of child scavengers in
Pakistan. They even do not know the magnitude of the scavengers in the country. To
determine the level of poverty among scavengers’ families, they have to study and identify
certain variables. But they seem uninterested in this profession in which a large number of
children are involved.
Table 5.21 Distribution of the Respondents: What Type of Houses They Live In?

Frequency Percent
Jhompari (temporary or make
110 55.0
shift hut)
Solid Place (brick house) 90 45.0
Total 200 100.0

In Table 5.21, the findings of the survey strengthen the perception that respondents
belong to the poor families as 55% amongst them reside in Jhomparis (temporary or
make-shift huts) usually erected in slums. By and large, they do not stay in permanent or
solid-brick houses and kept on shifting their residence according to the situation. Only
45% were staying in brick-houses, and most of them were Afghan boys who were living in
Lahore without their parents. They usually took a room on rent and stayed collectively. To
minimize the expense of the room, they accommodate maximum fellows. Pushtoons
undertake this business with more dedication and commitment as compared to Punjabi
scavengers. The Punjabi scavengers undertake this activity just to make ends meet. On the
other hand, the Pushtoons do it as a business, and take it as a serious economic activity.
 181
So, comparatively they earn more, and many of them live in brick-houses having some
basic facilities. 45% of the respondents live in Jhomparies (huts) erected temporarily at
Government-owned land. Thus, they are not supposed to give any rent. However, they
give nominal charges to the suppliers to get water and other basic needs. However, in both
the cases the level of poverty among them is quite high and living standards are very low.
Table 5.22 Distribution of Respondents: Whether Their Fathers Bear Expenditure
of the Families.

Category Frequency Percent

Entirely 26 17.6
Partly 90 60.8
No 32 21.6
Total 148 100.0

From a sample of 200 respondents, 52 stated that their fathers were dead. Out of
remaining 148, only 17.6% were bearing entire the expenditure, and 60.8% were bearing a
part of the expenditure of their respective families. However, 21.6% were unable to earn
because of drug addiction or poor health. The finding discloses that the overwhelming
majority (82.4%) of the respondents’ fathers do not bear the entire expenditure of their
families. Similarly, those who do something to earn, earned only insufficient money to run
the household. There was a large gap between income and expenditure, thus, such families
had to send their children for scavenging to supplement their income to run the household.

Table 5.23 Distribution of the Respondents on the Basis of Their Fathers’

Approximate Monthly Income.

Category Frequency Percent

0001-1500 5 4.4
1501-3000 18 15.8
3001-4500 29 25.4
4501-6000 42 36.8
6001-7500 12 10.5
7501-9000 2 1.8
>9000 6 5.3
Total 114 100.0

Table 5.23 shows that 86 respondents’ fathers were either dead or had deserted the
family, or were unable to earn. Out of the remaining 114 respondents, it was revealed that
 182
45.6% of the respondents’ fathers earned approximately 4500 PAK rupees (less than 58
US dollars) per month, which places them in the category of the poor. Similarly, 36.8%
earned between 4501 to 6000 rupees and only 12.3% between 6000 to 9000 rupees per
month. In exceptional cases, (5.3%) respondents’ fathers earned more than 9000 rupees.
The data shows that 92.9% of the respondents’ fathers earned up to 7500 rupees (less than
US $ 100) per month to fulfill the needs of their families. That much earning places them
in category of the very poor. The findings show that all the respondents did not have
sufficient income to run the households. Thus they usually send their children to labour to
supplement the total income of their families.
 183
Figure 5.4 Distribution of Respondents on the Basis of Their Approximate
Monthly Income.

70
61
60
56
No. of the Respondents

50

40
29
30 29
20
15
10
10

0
0001-1500 1501-3000 3001-4500 4501-6000 6001-7500 7501-9000

Earning of the Respondents

As far as the respondents’ earnings were concerned, 14.5% earned up to 1500

rupees per month. Likewise, 30.5% earned between 1501 to 3000 rupees, 28% between
3001 to 4500 rupees, 14.5% earned between 4501 to 6000 rupees and 7.5% respondents
between 6000 to 7500 rupees per month. Only 5% respondents earned more than 7500
rupees which was exceptional when we look at the prevailing standards of earning in this
profession. The findings show that an overwhelming majority (95%) of respondents’
earnings did not go beyond 7500 rupees, which was less than 100 US dollars. However,
87.5% had less than 6000 rupees income per month. These findings of the survey verify
that they belong to the poor strata of society.
 184
Figure 5.5 Distribution of Respondents: Their Families Depend on Income of
Respondents.

7
45

148

Entirely Partly No

The findings of the survey disclose that 22.5% of the respondents’ families were
depending entirely, and 74.5% of them partly on the earnings of the respondents. Only
3.5% of the respondents said that their families did not depend on their earning. It is
pertinent to note that almost all families of the respondents (96.5%), partly or entirely,
depend on the earning of child scavengers to run the household. It also reflects an abysmal
level of poverty in these families. So, it cannot be ruled out that poverty is the main cause
of scavenging through children.

Table 5.24 Distribution of Respondents: To Whom They Give Their Earnings?

Category Frequency Percent

Father 94 47.0
Mother 82 41.0
Guardian 9 4.5
None 12 6.0
Brother 3 1.5
Total 200 100.0

Table 5.24 shows that most of the respondents give their earning to their parents.
47% of them said that they gave their earnings to their fathers, and 41% of them to their
mothers. However, only 6% of them stated that they did not give their earnings to any
 185
family member. It reveals that 94% of child scavengers give their earnings to family-
members, obviously, to carry on the household expenditures. From this finding, it is
inferred that the major part of their earning is being spent on the families and not on the
respondents.

Table 5.25 Distribution of Respondents: How Much Approximate Portion of

Their Earning Was Being Spent on Them?

Category Frequency Percent

1/4 120 60.0
1/2 53 26.5
3/4 8 4.0
Complete 7 3.5
Nothing 12 6.0
Total 200 100.0

On this question, 60% of the respondents replied that only ¼ portion of their
earning was spent on them. It meant that the majority of these children was not the
beneficiary of its hard earned earning. On the contrary, they were shouldering the
responsibility of their family and household expenditure.
Table 5.26 Distribution of Respondents: Are They Satisfied With Their Work?

Category Frequency Percent

Yes 108 54.0
No 81 40.5
Not clear 11 5.5
Total 200 100.0

On the question of work satisfaction, 54% of the respondents replied in the

affirmative, and 40.5% responded in the negative, however, 5.5% were not clear. This
figure shows that the majority of the child scavengers are satisfied with the nature of its
work. It also reflects that they are a socially excluded community. They are ignorant of
better living standards. So, they show satisfaction with the environment in which they are
living. It can also be inferred that they have better economic opportunities and
circumstances here as compared to their native areas.
 186

Table 5.27 Division of Respondents: Did They Want to Leave This Work?

Category Frequency Percent

Yes 130 65.0
No 62 31.0
Not clear 8 4.0
Total 200 100.0

The majority of the respondents (65%) wanted to leave this profession. But 31%
did not have any intention to quit this work. Only 4% were not clear about it. The figure
shows that the majority want to change its profession. It means that they are not fully
satisfied with their profession and are aware of the abysmal nature of it. They seem
conscious of the fact that this profession did not have any standing in the society and it
was not good for their health. It can be said that scarcity of opportunities, lack of
socialization and absence of Government support parents them from switching over to a
better profession. The inconsistency in answering some questions also reflects the
immaturity of the respondents.

Figure 5.6 Distribution of Respondents: How Many Hours They Worked in a

Day?

120

100
No of the respondents

80
105
60 77

40

20
18
0
1-4 Hours 5-8 Hours 9-12 Hours
 187

As far as their working hours are concerned, 52.5% of the respondents said that
they work for five to eight hours, 38.5% spent nine to twelve hours and only 9% spent one
to four hours in search of required items from garbage. The findings showed that more
than one-third of the respondents work nine to twelve hours a day, which is not compatible
with prescribed international labour laws for children. But it should be kept in mind that
those who worked for less hours have to cover long distances on foot. This also makes this
kind of child labour a hazardous one.
By and large, respondents were self-employed, and had the liberty to adjust their working
hours. So, an overwhelming majority (90%) had a weekly holiday and only 10% said that
they worked the whole week. Timings of work, duration of work, sound sleep and weekly
holiday are variables which showed that the respondents are not dictated by others. They
are free to adjust their work routine according to their convenience. Such a latitude is
mostly absent in other kinds of child labour, predominantly in cases where children are
employees. This is one of the reasons that cases of abuse in scavenging are less frequent
than in other kinds of child labour.

Table 5.28 Distribution of the Respondents: Did They Work Under Shade?

Category Frequency Percent

No Shade 80 40.0
Mixed 120 60.0
Total 200 100.0

Although in the scavenging profession a child has the liberty to work according to
his mood, but he has to work in difficult environments and extreme temperatures. On the
question, 40% of the respondents said that they work in open places where no shade is
available. However, 60% stated that they work in mixed places but none of them said that
they work under shade. Keeping in view the extreme weather conditions of Lahore, where
° °
in summer the temperature rises to 48 Celsius, and in winter falls to 4 Celsius, have
made this profession quite hazardous for children. Thus exposure to such temperatures in
open places with out protective measures is harmful for health, which is again, a violation
of the rights of children.
 188

Table 5.29 Distribution of the Respondents: How Frequently They Got Time For
Play?

Category Frequency Percent

Regularly 43 21.5
Often 49 24.5
Occasionally 61 30.5
Never 47 23.5
Total 200 100.0

On this question, 21.5% of the respondents replied that they got regular time for
play, 24.5% respondents played often, 30%, occasionally and 23.5% never got any time
for play. The findings reveal that 80.5% of the respondents did not get time to play
regularly which is not in lines with their basic rights prescribed in the CRC. There is no
second opinion that at young age play is essential for mental and physical health and
growth of children.
Figure 5.7 Distribution of the respondents: Did they get injuries during their
work?

120

100
No. of the respondents

80

60
101

40
62
20 31 6

0
Regularly Often Occasionally Never

About injuries during scavenging, Figure 5.7 discloses that 50.5 % of the
respondents said that they got injured often, 15.5% regularly and 31% occasionally.
However, 3% never suffered any injury during the scavenging process. The findings
 189
reveal that two out of three, i.e., the majority of the respondents get injured regularly,
which makes their profession dangerous for them. It cannot be ruled out that scavenging is
not a hazardous profession. Therefore, it is not compatible with young children.

Table 5.30 Distribution of the Respondents: The Kind of Injuries They Suffered.

Category Frequency Percent

Cut 144 72.0
Fall 26 13.0
Road Accident 9 4.5
Dog/Snake bites 14 7.0
Violence 3 1.5
No 4 2.0
Total 200 100.0

In another inquiry about the kinds of injuries the respondents suffer during
scavenging, Table 5.30 discloses that 72% of the respondents got injured with cuts, 13%
with falls, 4.5% in road accidents and 7% from dog/snake bites during their work. At this
tender age, these young ones are under constant threat of injuries which makes this
profession dangerous for them.

Table 5.31 Distribution of Respondents: How Many Injuries They suffer in a

Week?

Category Frequency Percent

0 14 7.0
1-5 168 84.0
11-15 2 1.0
6-10 16 8.0
Total 200 100.0

On this query an overwhelming majority of the (84%) respondents complained that

they suffered one to five injuries in a week. It was an extremely high ratio of injuries for
child by any standard. The findings of the survey disclose various hazards in the
scavenging profession, which are violations of different articles of the CRC.
 190

Figure 5.8 Distribution of Respondents: Were They Working in the Profession as:

Working in the profession as:

188 12
4

Supplier Picker Self employer Supplier/Picker

An overwhelming majority (94%) of the respondents work as pickers of different

items from garbage and streets. Only 6% do some other work within the scavenging
profession.

Table 5.32 Distribution of Respondents: Do They Undertake Their Work on Some

Kind of Vehicle or on Foot?

Category Frequency Percent

On foot 120 60.0
Bicycle 55 27.5
Cart 23 11.5
Bicycle, Cart 1 .5
On foot, Cart 1 .5
Total 200 100.0

The majority of scavengers (60%) undertake their work on foot, 27.5% on bicycle
and 12.5% on cart. It was observed that the young child scavengers of around 12 years of
age mostly undertook their work on foot because they did not have the facility of a bicycle
or a cart. Only mature children of around 14 years of age or more used bicycles or carts for
scavenging purposes.
 191

Table 5.33 Distribution of Respondents: Load They Usually Carry.

Category Frequency Percent

01-20 KG 79 39.5
21-40 KG 70 35.0
41-60 KG 31 15.5
61-80 KG 9 4.5
81-100 KG 6 3.0
101-150 KG 4 2.0
> - 150 KG 1 .5
Total 200 100.0

During their work, the child scavengers carry heavy bags on their shoulders for
keeping the scavenged items in them. 39.5% of the respondents said that they carried a
load of 1 – 20 kilograms, 35%, 21 – 40 kilograms, 15.5%, 41 – 60 kilograms and 4.5%,
61 – 80 kilograms respectively. It is worth mentioning that a load of more than 40
kilograms is usually carried on a bicycle or a cart.
Table 5.34 Distribution of Respondents on the Basis of Their Household Wealth:

Category Frequency Percent

Very Poor 32 16.0
Poor 151 75.5
Middle 17 8.5
Total 200 100.0

The findings in table 5.34 reveal that 75.5% of respondents can be placed in the
category of the poor, 16.5% in the very poor and only 8% in the middle category. It
reflects that families involved in this profession belong to either poor or very poor classes.
This rating was assessed by house wealth-ranking, with questions in schedule/instrument
about the articles in their houses. It supports that poverty is one of the major causes of this
kind of child labour.
Table 5.35 Distribution of Respondents: Are They Living With?

Category Frequency Percent

Parents 156 78.0
Relatives 31 15.5
Associates 10 5.0
Whom to work for 1 .5
 192
Make shift arrangements 1 .5
None 1 .5
Total 200 100.0

Table 5.35 reveals that an overwhelming majority (78%) of the respondents live
with their parents or relatives. It reflects that these child scavengers are undertaking this
profession at the behest of their parents or family members. These children are
shouldering their parents’ responsibility to feed their families at an age when they are
supposed to be in schools as per their prescribed rights in the CRC.

Figure 5.9 Distribution of Respondents: How Frequently They Bathe?

Alternate
day
14.5%
Once
fortnightly
12.5% Daily
50%
Once a
week
15%
Twice a Once a
week month
7% 1%

Figure 5.9 reveals that in answer to the question how frequently the respondents
took a bath, 50% of them said daily, 14.5% on alternate days, 7% twice a weak, 15.% once
a weak, 12.5% fortnightly and only 1% said that they took bath once a month. It shows
that 50% did not take bath daily despite working in filthy conditions. But during the
survey, it was observed that these respondents took bath in hot weather more frequently. It
is improbable that they do the same in cold weather. However, their grim appearance and
dirty cloths reflect that bathe very rarely. As per findings of survey, most of them do not
even have bathrooms in their homes.

Table 5.36 Distribution of Respondents: Where Do They Bathe?

Category Frequency Percent

House 111 55.5
Public taps 56 28.0
Hamam 6 3.0
 193
Canal 15 7.5
Public Taps, Canal 12 6.0
Total 200 100.0
Findings in table 5.36 reveal that 55.5% of the respondents take baths at their
homes, 28% at public taps, and 7% in the canal or in the river. So, 44.5% did not take bath
in their homes which showed that they did not have this facility at their residence.

Table 5.37 Distribution of Respondents: How Frequently They Changed Their

Clothes?

Category Frequency Percent

Daily 38 19.0
Alternate day 35 17.5
Twice a week 56 28.0
Once a week 65 32.5
Once fortnightly 2 1.0
Once a month 4 2.0
Total 200 100.0

In response to how frequently the respondents change their clothes, 19% of them
said daily, 17.5% on alternate days, 28% twice a weak, 32% once a weak, 1% once
fortnightly and 2% once a month. 81% of them do not change their clothes daily in spite of
working in unhygienic and filthy conditions. It should be an imperative for them to change
their clothes daily to avoid diseases and health hazards.

Figure 5.10 Distribution of Respondents: How Frequently They Eat Meat?

 194

Daily 6
Alternative Day 15
Twice a week 22
Once a week 74
Once forthnightly 26
Once a month 50
Never 7

0 20 40 60 80

Figure 5.10 shows the food intake of the respondents. About meat, which provides
protein, 25% of the respondents stated that they ate meat once a month, 13% once a
fortnight, 37% once a weak, 11% twice a weak, 7.5% on alternate day, 3% daily and only
3.5% said that they never ate meat. The findings show that most of the respondents do not
eat meat regularly and can have protein deficiency. Protein is a basic requirement for
health and growth of children.

Table 5.38 Distribution of the Respondents: How Frequently They Took Milk?

Category Frequency Percent

Daily 13 6.5
Alternate day 21 10.5
Twice a week 25 12.5
Once a week 59 29.5
Once fortnightly 24 12.0
Once a month 36 18.0
Never 22 11.0
Total 200 100.0

About milk intake, table 5.38 shows that 18% of the respondents drank milk once a
month, 12% once fortnightly, 29.5% once a weak, 12.5% twice a weak, 10.5% on alternate
days, 6.5% daily and 11% never took milk. The data shows that an overwhelming majority
of children (93.5%) did not take milk daily which was a basic need of a child. Insufficient
milk intake causes deficiency of calcium which is important for the growth of bones. The
child scavengers work all day but they do not get a nutritious diet.
 195
Table 5.39 Distribution of the Respondents: Do They Suffer From?

Category Frequency Percent

Headache 51 25.5
Fever 45 22.5
Cold 7 3.5
Cough 4 2.0
Diarrhea 14 7.0
Stomach upset 6 3.0
Fatigue 13 6.5
No 2 1.0
Headache, Fever 27 13.5
Headache, Fever, Diarrhea 13 6.5
Fever, Diarrhea 1 .5
Headache, Cough 15 7.5
Headache, Fever, Cough 2 1.0
Total 200 100.0

Table 5.39 shows the collected data regarding different sickness or body disorders
suffered by the respondents. 25.5% of the respondents reported headache, 22.5% fever,
13.5% headache and fever (both), 7.5% headache and cough (both), 7% diarrhea, 6.5%
fatigue, 6.5% headache, fever and diarrhea (three), 4% indigestion, only 1% did not
complain of any illness. The findings show that most of the respondents are suffering from
different illnesses or disorders. It happens because they work in unhygienic conditions.

Table 5.40 Distribution of the Respondents on the Basis of Marks on Their Bodies
and Body Cleanliness:

Apparent Skin Deformities

Category Yes % No % Total
Cut/Bruise 160 80.0 40 20.0 200
Burns 72 36.0 128 64.0 200
Boils 46 23.0 154 77.0 200
Scabies 111 55.5 89 44.5 200
Allergic dermatitis 152 76.0 48 24.0 200
Unclean 194 97.0 6 3.0 200

During the survey, a broad physical examination was also undertaken to check cuts
and scars on the bodies of the respondents. It revealed that 80% of the respondents had
 196
cuts/bruises, 36% burns, 23% boils and 55.5% scabies, 76% Allergic dermatitis marks on
their bodies. However, 97% respondents were found apparently unclean.
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Table 5.41 Distribution of the Respondents on the Basis of Their Appearance:

General Appearance

Teeth f %

Clean 36 18.0
Unclean 164 82.0
Total 200 100.0
Nails f %
Clipped 104 52.0
Unclipped 96 48.0
Total 200 100.0

Hair f %

Combed 73 36.5
Unkempt 127 63.5
Total 200 100.0

Clothes f %

Clean 9 4.5
Unclean 112 56.0
Dirty 79 39.5
Total 200 100.0

In Table 5.41 shows a survey carried out to assess the apparent physical condition
of the respondents. It shows that 82% of the respondents had unclean teeth, 48% unclipped
nails, 63.5% unkempt hair and an overwhelming majority (95.5%) was wearing unclean or
dirty clothes. The findings show that, generally, these child scavengers are victims of
neglect, exploitation and ignorance. They do not have basic facilities and are caught in
filthy and dangerous conditions. Their eating, clothing and daily routine-habits showed
their general ignorance about their health and safety of life.
Though there are numerous kinds of child labour of the informal sector in urban
areas, yet scavenging through children is one of the most deplorable and hazardous among
them. After applying the Percentage Data Basis Analysis (PBDA), some important aspects
of this profession have been obtained. The findings reveal that in the scavenging
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profession, the children of young age are involved. About 60% of the child scavengers are
below 14 years of age and 37% below 12 years of age. Likewise, 60.5% of the respondents
began scavenging when they were less then nine years old and 90% were less then 12
years old. These figures show that children usually join this profession at a tender age.
Consequently, they do not get their basic rights i.e., schooling, proper childhood and
recreation. The majority of the respondents (58.5%) stated that they joined this profession
for an economic compulsion, because they did not have any other option to earn money
for their families. An overwhelming majority (90%) of the respondents belonged to the
poor strata. A majority (55%) of them lived in huts (temporary or make shift houses) and
almost the same number did not have latrines in their houses. 88% of the respondents
pointed out poverty as the biggest cause that made them take up scavenging. Poverty was
identified as the major cause which forced parents to send their children to labour to meet
elementary needs of their families. An overwhelming majority of respondents’ fathers did
not have earn more than 7,500 rupees (around 100 US dollar) a month. This amount is not
sufficient to run a family unit. 74% of the respondents claimed that their families partly,
and 22.5% said that their families entirely, depend on their income. Only 13% of the
respondents’ fathers bore the entire expenditure of their families. This means that 87% of
the respondents’ families need financial support to run the households. So, they
supplement their income mostly through the labour of their children. This shows that more
than 95% of the respondents’ families depend on their earning. A substantial number of
respondents ate leftover edibles found in the garbage. It shows the abysmal level of
poverty as well as hunger and also unawareness about health hazards. A large number of
the child scavengers rarely eat meat or take milk. This shows deficiency of nutrition for
child scavenger intakes. An overwhelming majority (85%) of the respondents gives their
earning to their parents. It means that major part of their earning is being spent on the
family’s needs. The children who earn the money are not the major beneficiaries of it. It is
worth mentioning that the majority (60%) of the child scavengers wanted to leave this
profession, but due to some family as well as economic compulsions, were unable to do
so. The stated variables show that child scavengers are victims of poverty and their future
is being scarified to tackle the present state of poverty of their families.
Another potent factor in promoting child labour is illiteracy of children as well as
of their parents. The findings reveal that 79% of the child scavengers are illiterate. The
remaining 21% could not go beyond the primary level and turned into school dropouts. It
is pertinent to note that the majority (62.5%) of the child scavengers is willing to go to
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school but poor economic conditions of their families keep them away from school. An
overwhelming majority of their parents are also illiterate. Thus illiteracy is found as a
stimulating factor for scavenging through children particularly in the poor families. Both
the variables, poverty and illiteracy are found common in most of the cases and it cannot
be ruled out that they have a correlation in the phenomenon of scavenging through
children. No schooling for children is a breach of their basic right prescribed in the CRC.
Large family size is another variable which is found very common in majority of
the cases. The findings show that an overwhelming majority of the respondents (81.5%)
belong to large families. However, 30% of respondents belong to a family size ranging
from nine to seventeen members. The average size of such total families is six or more
than six members. The findings of the survey also reveal that the majority of the
respondents (58.5%) family members are also involved in the scavenging professions
which pave the way for the involvement of children in it. So, the findings also verify that
large family size promotes scavenging through children, if the family belongs to the lower
strata. Poverty, illiteracy and large family combine in most of the cases.
Child scavengers do not belong to Lahore and the majority of them (52.5%) are
composed of Afghans. They have migrated to Pakistan due to prolonged political
instability and armed conflict in Afghanistan. Their migration is identified as a potent
factor in promoting this kind of child labour in Pakistan.
The reluctance of the Government as well as the NGOs to put a stop to scavenging
through children can be assessed from the fact that more than 90% of the respondents
stated that no Government official or representative of any NGO has ever approached
them to redress their problems.
In this profession, almost every child scavenger (97%) gets frequent injuries during
scavenging. They usually get cuts, bruises, burns, boils, scabies and hits. Likewise, 83.5%
of child scavengers complained that they were injured about five times a week. It supports
that this is a hazardous profession particularly at a tender age, hence it is objectionable by
Convention 182 of the ILO and the CRC. All respondents usually suffered from different
illnesses and diseases threatening their health and lives. Their apparent skin deformities
and various marks of injuries on their bodies reflect that were involved in a dangerous
profession. Their general outlook proved their ignorance of health and health care. They
regularly interact with injurious and filthy items scattered in the garbage. They labour in
extreme temperatures and deplorable conditions. They are prone to various diseases and
accidents which keep their health and life under constant threat. The majority of the child
 200
scavengers usually carry about a 20kg heavy bag of scavenged items, which is
incompatible with their tender age. Although they labour in filthy environment, yet most
of the children do not change their clothes regularly. It is noted that neither are they aware
of cleanliness of body and clothes nor are they concerned about their health. No reliable
source is available so as to determine how many child scavengers could not recover from
chronic illnesses or diseases because they did not have medical facilities. Throughout the
day, they labour under the sun and have to keep on sorting things out of garbage which
places this profession among the most hazardous professions. The majority of the
respondents (53%) complained that did not get the same treatment as other children.
Common people suspect them and keep child scavengers at a distance. So, they are
victims of discriminatory treatment which damages their self esteem, dignity and
confidence. Indeed, such social attitude is also a violation of their rights. The majority of
the respondents (84.5%) are not registered with the NADRA, which is not compatible with
their right prescribed in the CRC.
The findings support that poverty, illiteracy, large family size, rural-urban
migration, presence of Afghan refugees and absence of social protection system are the
major causes which stimulate and promote the involvement of children in the scavenging
profession. In this kind of child labour, there is a constant threat to the health and life of
the child scavengers because of its hazardous nature, conditions and environment. The
children are not given their basic rights and are mistreated and misused by their parents or
guardians. Their parents are struggling to manage their present at the cost of the future of
their children. It should go without saying that scavenging through children is not only a
deplorable but also a hazardous practice. It is not out of place to say that the PBDA
verifications will go a long way unless they prove otherwise. These tests and the PBDA
have helped to identify the factors and causes which are involved directly or indirectly in
the involvement of children in scavenging profession. It has also determined the ways and
means to redress this problem. The survey research has provided an insight into
scavenging through children which is quite common in Lahore and other cities of
Pakistan. Therefore, on the basis of the findings, a workable framework will be designed
to redress, control and alleviate this problem from Lahore.
The findings of the survey have revealed that unhygienic, dangerous, deplorable,
conditions and processes are associated with the scavenging profession. They support that
this profession affects the subjected children socially, psychologically and physically.
They are unable to become useful and productive individuals of the society. They do not
 201
become part of the main social stream and remain an excluded community with inferiority
complexes. So, the hypothesis: ‘involvement of the children in the profession of
scavenging leads to various violations of heir Human Rights’ holds ground because
observations and findings of the PBDA support it.

5.2 Statistical Tests

Through the ‘Percentage Basis Data Analysis (PBDA), the importance of variables
like poverty, illiteracy and large-family size in the profession of scavenging through
children has been noted. But the PBDA does not locate and clarify how much a variable
has significance in establishing relationship with scavenging through children.
The purpose of using statistical tests is to determine the variables which have
significant affects and association with the phenomenon of scavenging through children.
In order to explain the validity of the query, the Chi-Square tests and Factor Analysis have
been applied on the collected data. However, the applications of these tests have been
placed in the appendix of the thesis.
Out of a total of 114 questions, 108 questions have been short listed from the
interview schedule / instrument. These 108 questions have been given variable numbers
in a table of appendix B1. It is pertinent to mention that for Chi-Square tests and Factor
Analysis, out of 108 variables, 42 variables shown in table 5.42 have been obtained
because of their importance and meaningful relationship with the practice of scavenging
through children.

5.2.1 Chi-Square Non-Parametric Test

By applying Chi-Square Non-Parametric Test on the 42 variables listed in table
5.42 the following 32 significant variables have been obtained: X1, X2, X3, X8, X10,
X12, X13, X14, X15, X17, X18, X19, X20, X21, X22, X23, X24, X25, X26, X27, X28,
X30, X31, X32, X33, X34, X37, X38, X39, X40, X41and X42.
However, these 32 variables have been given grey shade to distinct them from other
variables in Table 5.42.
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Table 5.42 Variable numbers for the questions of interview schedule / instrument

Question
Variables No in Questions
Schedule
X1 02 Age of the respondent.
X2 06 At what age did you start this work?
X3 07 Which area do you belong to?
X4 10 (In case the respondent is not a citizen of Pakistan): Country
you belong to?
X5 11 Do you get the same treatment as other Pakistani children
get?
X6 12 Do people give you respect?
X7 13 Do you want to go back to your native place?
X8 14 What were you doing before joining this work?
X9 15 Are you involved in this work under compulsion or
according to your own will?
X10 16 The biggest cause which has compelled you to do this work
X11 21 Is any other member of your family in the same profession?
X12 23 How many other members of your family are involved in
this profession?
X13 26 What is the size of your family? (including the respondent)
X14 29 Are you literate?
X15 30 Were you ever admitted to any school?
X16 31 Are you a dropout from school?
X17 35 If given a chance, are you ready to get education again?
X18 37 Is your father literate?

X19 38 What is the level of his education?

X20 39 Is your mother literate?
X21 40 What is the level of her education?
X22 43 Does your father bear the expenses of your family?
X23 48 Respondent’s approximate monthly earning
X24 49 Do you get less remuneration of your work than adult gets?
X25 50 Does your family depend on your earning?
X26 52 How much portion approximately of your income is spent on
you?
X27 53 Are you satisfied with this work?
(Continued)
 203

X28 55 How many hours in a day do you work?

X29 63 Do you get time for play?
X30 65 Do you usually work under shade, no shade or in both
conditions?
X31 66 Do you get injured during work?
X32 78 Do you go to work on foot or bicycle or cart?
X33 80 Has any Government official ever approached you?
X34 82 Have people from the NGOs ever approached you?
X35 85 What kind of house do you live in? Hut or brick house?
X36 91 Is there a latrine in the house?
X37 92 Where do you take bath?
X38 96 Do you eat leftover food in the garbage?
X39 97 How frequently do you change your clothes?
X40 98 How frequently do you eat meat?
X41 99 How frequently do you take milk?
X42 104 Do you suffer from any illness or disease?

The test has deducted the variables which have significance in establishing
relationship with scavenging through children. Variable X1 and X2 have been obtained
which carried questions about the age of the respondent and at what age the respondent
started scavenging. It shows that young age has significant relationship with the
scavenging profession. It has been also documented in the PBDA findings in table 5.2 that
an overwhelming number of child scavengers (80%) are young (not more than 12 years of
age) when they started this profession. The main reason of it because this profession does
not require any specific skill or financial investment. So, it is convenient for the poor
parents that without teaching any skill to their children they start earning from the very
first day.
The test has extracted the following variables; X8, X10, X22 and X23 which are
related to the state of poverty. About X8 variable, table 5.6 reveals by applying of the
PBDA that 74% of the respondents were not studying before joining the profession of
scavenging. It has the probability that their parents might not have means for their
schooling. Likewise, X10 variable is that child scavengers joined this profession because
they needed money for their families’ basic needs. The PBDA findings also show in table
5.8 that an overwhelming majority (88%) of respondents joined scavenging because they
needed money. However, X22 and X23 variables point out insufficient monthly income of
 204
respondents’ fathers as well as respondents, which actually refers to poverty. The test also
verifies that poverty has a great significance for the involvement of children in the
scavenging profession.
The test further extracts variables like X14, X15, X17, X18, X19, X20 and X21
which refer to illiteracy or low level of education of respondents as well as of the parents’
of respondents. These important factors have close association with scavenging through
children. Similarly, the findings of PBDA also point out that an overwhelming number of
parents as well as respondents were illiterate. So, due to illiteracy, the children of poor
families are more likely to be sent to the scavenging profession.
X13 is about family size of the respondents and figure 5.3 by applying the PBDA
shows that an overwhelming number (81.5%) of child scavengers belong to large families.
This is another potent factor in stimulating scavenging through children, particularly when
the family income is not sufficient. Their incomes place these families in the category of
the poor.
The absence or inefficiency of a social protection system is another cause
promoting scavenging through children. Non Parametric Test puts forth X33 and X34
variables which point out the role of the Government’s agencies and NGOs regarding
scavenging through children. More than 90% of the respondents stated in box 5.18.4 and
box 5.18.5 in table 5.18 that neither any Government agency nor any NGO had ever
approached them. It shows absence or ineffectiveness of social protection system in
Lahore. Needless to say, there is no check of the Government on the involvement of
children in scavenging.
The test also extracts some variables which are of hazardous nature and are
regarded concomitant of the scavenging profession. So, the variables X27, X28, X30,
X31, X32 and X42 are about deplorable nature and conditions of scavenging. The PBDA
findings in table 5.26 reveal that the majority of respondents are not satisfied with their
profession. The findings show that working hours, conditions and environment of working
places are quite hazardous. X31 variable is about excessive injuries of children in
scavenging which has been also verified by the PBDA. The variables verify that
scavenging is hazardous and dangerous for health and safety of the subjected-children,
which violates their rights. Another group of variables, consisting of X37, X38, X39, X40
and X41, deducted by the test, reveals that respondents are unaware of the health hazards
of scavenging. Their routine eating habits show that they are confronted with unhygienic
 205
conditions and deficiency of food. Such conditions cause them health problems and threats
to life which are against their rights.
The Non Parametric Test also points out another important factor which has close
association with scavenging though children. X3 variable is about areas child scavengers
belong to. It is a fact that the prolonged Afghan War and terrorist activities in the FATA
and Khyber Pakhtunkhwa, have forced people of those areas to migrate to peaceful
regions. The PBDA findings also reveal that the majority of child scavengers (52.5%)
come from Afghanistan only. The remaining respondents’ parents have migrated either
from rural areas of Punjab, Khyber Pakhtunkhwa and the FATA.

5.2.2 Chi-Square Distribution Test

Multivariable Chi-Square Distribution test was also applied to the same 42
variables shown in table 5.42 and 13 significant variables were thus obtained which had
close association with scavenging though children. Theses are shown in table 5.43. It is
pertinent to note that 10 variables are the variables which have already been obtained
through Chi- Square Non-Parametric Test. It verifies the significance of these 10 common
variables. However, three variables (with star in the table 5.43) are found other than those
variables which had been deducted by parametric test of chi square.

Table 5.43 List of Variables Obtained by Using Chi-Square Multivariable

Distribution Test.

Variable Question No Questions

in Schedule
X11 * 21 Is any other member of your family involved in the same
profession?
X13 26 Size of your family.
X14 29 Are you literate?
X15 30 Were you ever admitted to any school?
X17 35 If given a chance, are you ready to get education?
X22 43 Does your father bear the expenses of the family?
X23 48 Respondent’s approximate monthly earning
X25 50 Does your family depend on your earning?
X29 * 63 Do you get time for play?
X33 80 Have Government officials ever approached you?
(Continued)
 206

X34 82 Have people form NGOs ever approached you?

X35 * 85 What kind of house do you live in?
X38 96 Do you eat leftover food from garbage?

The three variables (with stars) obtained through the Distribution test, X11 referred
to the fact that other members of the respondents’ family were also involved in the same
profession. In this regard the PBDA findings in box 5.2.4 of table 5.2 reveal that 58.5%
respondents’ family members were also involved in the same profession. Indeed, family
member’s involvement paves the way to involve children in the scavenging profession.
X29 variable shows that child scavengers did not get time for play. It is a fact that
most of the time they remain busy in the work. Tough working in difficult condition and
no time for play is a violation of their rights. The PBDA findings disclose in table 5.29
that 78.5% of the respondents do not get time for recreation. However, X35 is about living
conditions of child scavengers. It means that their deplorable living conditions have
significant relationship with this profession. According to the PBDA findings in table
5.21, 55% of the respondents live in huts. These kinds of huts lack basic facilities due to
severe poverty. The Multivariable Analysis of Chi-Square test verifies most of the already
obtained significant variables taken through the Parametric Test.

5.2.3 Factor Analysis (Un-rotated Principal Components)

Factor Analysis is an effective mean for explaining interrelationship among

different variables. It provides ways to explore the underlying structures of a set of
variables. This analysis determines the groups of variables which have effects, association
and inter-relationship with each other in the profession of scavenging through children.
The Principal Component Analysis has been applied to the same 42 variable shown
in table 5.42 on the basis of correlation matrix, to extract groups of significant variables. It
has formed 11 groups of variables due to their inter-relationship. These groups have given
the following names: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 and F11. However, F4, F5,
F7, F8, F9, F10 and F11 are unable to form groups shown in table 5.44. It is worth
mentioning that according to the Principal Component Analysis, F1 is the most significant
group amongst all obtained groups. It contains variables: X4, X8, X9, X12 and X13.
 207
Table 5.44 Groups of Variables Obtained by Applying Principal Component of
Factor Analysis.

F1 F2 F3 F4 F5 F6 F7 F8 F9 F10 F11

X4 X20 X1 X19 X10 X15 ___ X14 ___ ___ ___

X8 X22 X2 ___ ___ X16 ___ ___ ___ ___ ___

X9 ___ X18 ___ ___ ___ ___ ___ ___ ___ ___

X12 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

X13 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

It is important to note that, variables; X8, X12 and X13 are the same variables
which have already been obtained through the Non-Parametric Chi-Square Test, hence it
verifies their significance. However, variables X4 and X9 are different from the variables
taken through the Non Parametric Test. About the variable X4, table 5.5 reveals that the
majority of child scavengers (52.5%) belong to Afghanistan. About variable X8 table 5.6
shows that an overwhelming majority (74%) of respondents was not going to school prior
to joining scavenging. For X9 variable, table 5.7 presents the findings of the PBDA that
the majority of the respondents (58.5%) joined this profession under compulsion because
they had to earn something to contribute to the household. X12 in box 5.2.4 of table 5.2
tells that the majority of the respondents’ family-members were also involved in
scavenging. It shows that it has become their family profession which encourages the
involvement of children in scavenging. In such conditions, parents do not feel any
hesitation to send their children to the same profession. X13 variable points to large
family-sizes of the respondents. It is pertinent to note that Non-Paramedic as well as
Distribution Test of Chi-Square has extracted the same variable as significant. In this
regard the findings of the PBDA, in figure 5.3, reveal that an overwhelming majority of
the respondents (78.5%) come from large families. Thus, variable X13 has been verified
by four different statistical tests which certainly enhance its significance to a great degree.
So, Afghan immigrants, non-school going children, poverty or compulsion to do
labour to earn some money, family members, involvement in the same profession and
large family size are found significant variables regarding involvement of children in the
profession of scavenging. They have inter-relationship and they compliment each other to
stimulate scavenging though children.
 208
However, F6 (group) consists of X14 and X15 which are related to illiteracy and
school dropouts among the respondents. This group finds that absence of education has a
strong relationship with the problem of scavenging through children.

5.2.4 Factor Analysis Rotated Component Matrix (Varimax Method)

It is pertinent to mention here that with the Un-rotated Principal Component
Matrix, sufficient meaningful groups of variables have not been extracted. Therefore, it
Varimax Rotation Method was applied to satisfy the quest. This Method was also applied
on the same 42 variable shown in table 5.42 and 11 groups of the variables had been
obtained. They were given the following names: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
and F11 shown in the table 5.45. However, F8 and F11 did not have more than one
variable, therefore could not form groups. F1 is the most significant group among all the
obtained groups which gathered three variables i.e., X4, X8 and X9.

Table 5.45 Groups of Variables Obtained Applying Rotated Component Matrix

(Varimax Method)

F1 F2 F3 F4 F5 F6 F7 F8 F9 F10 F11

X4 X1 X12 X11 X21 X15 X10 X16 X3 X5 X26

X8 X2 X13 X14 X22 X20 X19 ___ X17 X6 ___

X9 X18 ___ ___ ___ X24 ___ ___ ___ ___ ___

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

It is interesting to note that these variables had already been obtained by applying
the Principal Component Analysis. Variable X4 refers to Afghan-migrants, X8 non
school-going children and X9, poverty. So, both the methods of the Factor Analysis have
pointed out that Afghan immigrants, poverty and illiteracy are the most important
variables and have significant relationship with the profession of scavengers though
children.
However, F3 group has combined two variables: F12 and F13 refer to involvement
of other members of family in the scavenging profession and size of the family. It is
pertinent to note that large family size is the only variable which has been identified as
significant by Non Parametric test and Distribution Test of Chi Square. It has been found
 209
in a significant group formed by applying Principal Component Analysis as well as
Rotated Component Matrix of the Factor Analysis. Thus, all the statistical tests used here
have obtained and verified that large family size is a significant variable. Thus, it shows
that it has strong relationship with scavenging though children.
Both the tests of chi-square have also verified that rural-urban migration is another
factor which is closely associated with scavenging. The same factor has already been
identified as an important one by the findings of the survey in the PBDA. These tests have
supported the inference that poverty, illiteracy, large family size, rural-urban migration,
absence of or ineffective social protection system and presence of Afghan refugees are the
significant variables, and have meaningful relationship with scavenging through children
in Lahore. So, it should go without saying that unless and until these obtained variables are
not redressed, the involvement of children in the profession of scavenging cannot be
checked and stopped.
 210
Table 5.46
Rotated Component Matrix (a)

Component
1 2 3 4 5 6 7 8 9 10 11
1. age .158 .797 -.057 .058 -.109 .034 .016 -.073 .034 .021 -.005
2. age when started
-.106 .756 .094 .000 .037 -.053 .156 -.080 -.002 .033 .081
work
3. area .136 .155 -.175 .168 .345 -.025 -.057 -.195 .588 .166 .117
4. doing before
joining this work .754 -.014 .142 -.082 .055 -.067 .207 .030 .176 .088 -.028
5. biggest cause
compelled you do .031 .152 -.103 -.011 .017 -.181 .118 -.172 .041 .602 .380
this work
6. how many other
member of your
.106 -.033 .089 .048 .106 -.024 -.149 .201 -.016 .782 -.133
family involved in
this profession
7. size of family
including the -.181 .201 -.331 -.407 .314 .107 .194 .053 .260 .093 .121
respondent
8. are you literate .860 -.016 -.011 .069 .095 .015 -.067 .073 -.048 .056 .140
9. were you ever
admitted to any .874 .046 .090 .073 .082 -.108 -.047 -.045 -.014 -.003 -.028
school/Madrassa
10. if given a chance.
are you ready to .287 -.034 -.074 .060 .054 .050 .676 .075 -.108 -.159 -.012
get education
11. is your father
.057 .066 .282 .857 .020 -.037 .009 -.022 .118 -.033 .001
literate.
12. is your mother
.088 .086 .780 .262 -.047 .025 .020 .077 -.084 .127 .023
literate
13. what is the level of
her education. .094 .132 .819 .101 .186 .060 .102 .029 .010 -.100 .023

(Continued)
 211
14. Does your father
bear expenditure -.016 .046 .026 .900 -.109 .144 .049 .089 .038 .071 .003
of family
15. Family depend on
your earning -.079 -.081 .100 .007 .068 .709 .086 .318 -.047 -.081 .048
16. How much portion
of your income is
.064 -.227 .090 .040 -.006 .088 .159 .731 .181 .128 -.002
being spent on
you
17. Are you satisfied
with work .008 -.050 -7.77E-005 .049 -.139 .019 -.126 .269 .756 -.055 -.096
18. How many hours
in one day you -.026 .628 .216 .006 .120 .089 -.291 -.042 -.026 .040 -.154
work
19. Do you get injuries
during work -.144 .046 .159 -.022 .011 -.030 .786 .033 -.034 .064 .020
20. Do you work on -.003 -.121 -.023 .077 -.541 .535 -.157 -.039 .110 -.124 .089
21. Have government
officials ever .123 .060 .155 -.070 .675 -.082 -.209 .204 -.041 .024 .024
approached you
22. Have people from
NGOs ever .140 -.102 -.020 -.061 .762 .011 .158 -.139 .039 .045 .073
approach you
23. How frequently
you take bath .107 -.361 .350 -.136 -.330 -.098 -.165 .202 .262 .086 .179
24. Do you eat
leftover food in the -.076 .167 -.021 .060 -.097 .765 -.015 -.180 -.006 .007 -.082
garbage
25. Do you eat meat .004 -.098 .089 .081 -.015 -.305 -.043 .483 -.033 -.391 .381
26. Do you take milk .063 -.042 .054 -.020 .058 .031 .006 .031 -.003 .008 .900
27. Do you suffer
frequently from .014 -.295 .353 -.032 -.213 -.071 .094 -.396 .408 -.135 .144

Extraction Method: Principal Component Analysis.

Rotation Method: Varimax with Kaiser Normalization.
a Rotation converged in 14 iteration
 212

5.3 Photographs: Scavenging Through Children

A girl undertaking scavenging at main dumping site

A young boy carrying a bag of scavenged material

 213

A view of trucks of the CDGL and bicycles of scavengers at main dumping site

A child scavenger is sorting-out glass-pieces & polythene bags

 214

A pregnant lady & a boy at main dumping site

A group of scavengers at main dumping site

 215

Two very young scavengers are waiting for the CDGL truck.

A view of unloading garbage from the truck

 216

Child scavengers and animals searching for edibles

Child scavengers at work

 217

Two children are sorting-out hospital waste

Child scavengers are taking rest under the shade of dumping truck
 218

A girl scavenger is drinking water from the hand pump

A family of scavengers collecting pieces of metal

 219

A group of scavengers near their slum

An inside scene of the scavengers’ hut

 220

A little scavenger is pulling out rags

A seven year old scavenger with his bag

 221

328
Bashir. Personal interview.
329
Ibid.
 219

Chapter 6

Community Profile
and
Situation Assessment
 220

6.1 Community Profile of Scavengers of Lahore

The community of scavengers has been operating in Lahore for the last couple of
decades. Scavenging is a family profession of the majority of this community. However,
some of them have been undertaking scavenging in personal capacity particularly those
who have no family or are detached from their families. Several thousand families of
scavengers are involved in this profession in Lahore. Majority of them have come from
Afghanistan, the FATA and Khyber Pakhtunkhwa. The community has clusters in the city
and most of them are living in slums situated at backward areas particularly near dumping
site of Saggian and Mahmud Boti. The families belonging to this community have more or
less the similar conditions, problems and background. They possess almost identical race,
culture, language, rituals and approaches. One of the families is selected to make the
profile of this community. The features of the family of Ajab Gul reflect the problems,
routines, habits, living and professional conditions of the community.
Ajab Gul brought his family to Pakistan from Afghanistan about 12 years ago. At
the time of migration the family comprised six members including his wife and four
children Zakir 6, Zaryab 5, Asifa 3, and Ali 2. After one year of migrating, Nadir was born
in the refugee camp of Jalozai. They are Pushto speaking and belonged to the Orakzai
clan. Ajab Gul was involved in agriculture at a village near Baghlan. Due to the prolonged
war, he was compelled to leave his native area. His father and two cousins got killed
during the war. Some of his relatives had already migrated to Pakistan from the war torn
areas.
Zakir, the eldest son of Ajab Gul died after one year of migration at the refugee
camp. They remained in the camp for about three years and then left for Peshawar in
pursuance of economic opportunity. However, Ajab Gul could not get any job because he
did not have any skill to be useful in the city. So, it became extremely difficult for him to
feed his family and thus took his family to Lahore. Initially, he kept his family with his
relative, Shamshair Khan. He had a hut at a slum near Ravi Road. Shamshair’s family was
undertaking scavenging as a mean of their living. The very next day, Ajab Gul went along
with Shamshair Khan to undertake scavenging in the city and started earning some money.
Since then he used to bring some food for his family which he got from the waist-bins of
restaurants and hotels. His family eat that food which has been discarded by the
restaurants and throw away as waist. Shamshair’s three children were also involved in
scavenging at Saggian dumping site. After few days, Zaryab and Asifa also went along
 221
with them for scavenging. Thus, the children of Ajab Gul got involved in this profession
too. The family started earning enough money to save them from starvation. Shamshair
Khan soon started demanding rent and other expenditures from Ajab Gul. This demand of
Shamshair created tension which led to frequent quarrels. Some common relative living in
the vicinity intervened and decided that Ajab Gul should pay some money to Shamshair
and arrange his own accommodation. After few days, Ajab Gul erected his own hut in the
same slum. The strength of Ajab Gul’s children has risen to eight and Nadir is fourth
among them. Shabina, Zalman, Gulraiz and Amna are born in Lahore. Nadir by now is an
eleven year old boy and undertaking scavenging for the last four years at Saggian. At the
age of six, he was sent to undertake scavenging along with his elder brothers Zaryab and
Ali and sister Asifa. In the beginning, he was asked to collect empty tins and plastic
bottles which were easy to identify and sort from the heaps of garbage. They mostly
worked together and the elder siblings used to take care of Nadir at the dumping site. One
incident, which is distinctly remembered by Nadir, was the death of one of his associates,
Shabbir. He was badly injured while trying to catch a moving truck of garbage, fell from it
and did not recover.
Nadir and his siblings get up early in the morning, their mother give them tea with
rusk or bread (Roti). They leave for Saggian without washing hands and face or taking
bath. Saggian is about four kilometer away from their slum. They usually change their
clothes after two to three weeks. They mostly take bath at Ravi River or at a water tap at
Saggian. However, Asifa takes bath at home. Their mid-day meal is neither proper nor
regular. For that matter, they usually depend on discarded or rotten fruits, vegetables,
bread, and other edibles found in the garbage. Most of the edibles found, they eat at the
spot without washing or properly cleaning them. They keep on scavenging from morning
till late in the after-noon. Then they go to the whole-sale shops to sell their scavenged
things. These shops are four to six kilometers away from Saggian. After selling their
collected material they reach home by evening. They give all the earned money to their
parents. All day they travel on foot which is estimated to be about fifteen to twenty
kilometers. They usually have early evening meal after Maghrib (time of evening prayer)
and then sleep. Except Sunday, they under-take scavenging daily. In summer, their mother
makes a paste of Mehandi and applies it on the heads of her children. After two to three
hours that paste dries out and then it is washed. This paste turns their black hair into
orange colour for about two weeks. According to their mother, this treatment protects
them from sun and heat.
 222
Two years back, Asifa was bitten by a snake while sorting garbage at Saggian. The
snake was extremely poisonous and she could not recover. Nadir’s second youngest
brother Gulraiz also fell ill a few months back. He was taken to a Hakeem but all in vain.
Now he is unable to walk, because he has been affected by Polio. Currently, four siblings
of Nadir including his six years old sister, Amna, have been undertaking scavenging. They
work collectively along with other children of the same vicinity. Nadir and his siblings
earn three to four hundred rupees daily and give it to their parents. At present, Ajab Gul
has become an addict of drugs and rarely goes for scavenging. Most of the time, he
remains at home and lives on the earning of his children. However, mother of Nadir does
not go for scavenging, her responsibility is cooking food and looking after the house. She
has been at receiving end, because Ajab Gul always treats her in an insulting manner and
often beats her on minor issues. She wanted to send her children to school but her husband
was not interested. Ajab Gul and his wife were quite nostalgic about their native village
and wish to go back but continued war keeps them in Lahore. They think that in Pakistan,
at least their lives are safe no matter what kind of standard of living they have in Pakistan.
Now, their children can speak Urdu and Punjabi language and do not seem to be much
interested in going back to Afghanistan.
Social interactions of Ajab Gul’s family are only with people of their own clan
who have been living in the vicinity. Most of them belong to a common area of
Afghanistan and share various commonalities. They are quite supportive of each other and
attend all important ceremonies. When Asifa died almost all relatives living in the vicinity
came for condolence and observed all necessary rituals. The community of scavengers is
intact and marry within the community. At the time of marriage relatives and friends of
vicinity join the occasion and also give some money as ritual. This collectiveness of the
community may have given them a sense of protection. Their social life mostly revolves
around this community where they communicate in their native language and observe their
cultural and social traditions. In case of any dispute between two persons they mostly
settle the matters with mediations of common friends and relatives and avoid involvement
of local police. The main reason behind it is that it can expose their illegal stay at Lahore.
For that matter, they also scary of locals and keep themselves at a distance from them.
The young kids who do not go for scavenging and stay at home play with
neighbouring children. However, children who undertake scavenging, only get time for
play on Sunday. The only entertainment in Ajab Gul’s house is radio, which was bought a
few months ago. Zaryab is 17 now and owns a bicycle and mobile phone. Instead at
 223
Saggian, he undertakes scavenging on bicycle in the city. Now, he does not give his
earnings to the parents. On this, Ajab Gul keeps shouting at him and some times even
beats him. Therefore, he does not stay at home regularly. He has become a chain smoker
and addict of hashish and ‘samad bond’. His earning is mostly consumed by his drugs.
Few times, he was brought by his associates in unconscious condition due to excessive use
of drugs.
The small hut has shortage of space for family members. They sleep at floor where
reptiles and insects move freely. Water tap is not available in the hut so water is fetched
from the tap of vicinity. For cooking, the wife of Ajab Gul uses carocine oil or wood-
pieces. Females of this community have social interactions mostly with females of the
vicinity. In their culture, a clear social compartmentization between males and females
exists. Adult girls and women are not supposed to expose their faces in front of other
males. They mostly stay in the houses and take care of domestic affairs. However, in case
of death of bread winners, the women also undertake scavenging as last resort to prevent
their children from starvation. On the other hand, young girls below 14 are very often sent
to undertake scavenging.
Scavengers community mostly belongs to the Afghan areas like Kunduz, Baghlan,
Jalalabad, Ghazni and Qandahar. They generally dwell in those areas of Lahore where
they know that people of their clan and areas are already living there. Perhaps, there it
gives them a sense of security and contentment. There are slums in the city where dwellers
mostly belong to one particular area or clan or tribe. It facilitates their socialization and
inter-marriages.
Asifa died because she had a snake bite while undertaking scavenging at dumping
site. Similarly, Gulraiz became disabled due to their filthy living conditions and Zaryab
became addict because of social environment. It seems quite obvious that Nadir and his
other young siblings will keep on undertaking scavenging because their father has stopped
working and relied on the earning of his children. He treats his children as earning
machines and is reluctant to care them and feed them properly and to fulfill their other
basic needs. He does not bother that four of his children are victims of filthy living and
hazardous working conditions. Care and affection for children is a rare commodity in this
community. Parents have become selfish and greedy with the passage of time. No body
knows how long this vicious circle will continue and how long these young children
would be maltreated and exploited by their parents and for how long their lives and health
would be at stake.
 224

6.2 Situation Assessment: Violations of Human Rights of

Child Scavengers
On the basis of observation and findings of the survey, it has become quite evident
that various rights of child scavengers are not being observed and are being violated. In
the subsequent pages, the framework of Human Rights of Children extracted from the
CRC, UN Declaration and Covenants will be applied on the state and condition of children
involved in the scavenging profession in Lahore. The particular rights that are being
violated will also be pointed out. To give logical and legal strength to the evaluation, the
violated articles of the UNDHR, ICCPR, ICESCR and CRC will be pointed out.

Right of Life and Security

It has been documented in the survey that, more or less, all families of child
scavengers are either domestic or foreign immigrants. More than half (55%) of the child
scavengers’ parents had migrated to Lahore only from Afghanistan. They were compelled
to leave their homeland due to a prolonged spell of different wars which took place in
Afghanistan since 1979. The BBC presents in its website a chronology of key events about
Soviet Union’s invasion of Afghanistan, “29 December, 1979: After a week of heavy
fighting during which Soviet commandos kill Amin [President of Afghanistan] and tens of
thousands of troops invade by ground and air [Afghanistan]”.330 The website further
discloses, “apart from many injured and disabled till February 15, 1989 more than one
331
million Afghans and 13 thousand Soviet troops have been killed.” After the Geneva
Accords, the Soviet Union started withdrawing its forces from Afghanistan after a decade
long stay there. “The Geneva Accords were finally signed on 14 April, 1988.” 332
However, withdrawal of Soviet troops from Afghanistan could not bring peace
there. Then infights between different stakeholders broke out. Peace and security of
Afghans remained a dream and refugees from Afghanistan kept on pouring in Pakistan.
“The year 2000 saw a continuance of the previous pattern of inconclusive peace
333
negotiations accompanied by fierce fighting.” Though the NATO forces managed to
oust the Taliban led government in Kabul, but the hostilities and violence could not come
to an end. Since the fall of the Taliban government in 2001, this conflict has turned into a
 225
guerilla war, and is still persisting through terrorist activities. The current war in
Afghanistan is being faught between Hamid Karazi’s* government supported by the
NATO forces, and the Muslim extremist Taliban. It is pertinent to mention that these wars
among different opponents have been going on for the last 30 years in Afghanistan, and
has posed a constant threat to the people. These wars and fights have compelled tens
thousands of Afghans to migrate to Pakistan from the war-torn areas, like Kabul, Ghazni,
Jalalabad, Qandahar and Kundus. As far as the number of Afghan refugees is concerned,
the US News Services reveals: “Just over 3 million Afghans lived in Pakistan including
334
camps.” These stated cities of Afghanistan are not very far from the Pakistan border.
During the survey, it was reported that most of the parents of child scavengers belonged to
these areas. In interviews, they told that they had left their motherland in search of peace
and security. Their intention was to protect themselves and their families from the scourge
of war. In pursuance, they did not have any better option except to migrate to Pakistan.
Pakistan and Afghanistan share a border that is more than 2000 kilometers long.
The Khyber Pakhtunkhwa, FATA and Balochistan are adjacent to Afghanistan. The camps
of the Afghan refugees are also established in these adjoining areas. These areas are
known for poverty, backwardness and depilated infrastructure. War, military operations
and terrorist activities have destroyed their already meager economy. Moreover, the
presence of Afghan refugees has also affected these areas of Pakistan. Due to historical
and cultural reasons, Pakistan and Afghanistan have a porous border and people from both
sides can cross into each other’s areas without any proper documentation. The Afghan
government and the NATO forces have been complaining that some groups of Taliban
have their training camps and hideouts in the FATA. After attacking government forces
and undertaking gorilla and terrorist activities in Afghanistan, they come back to these
areas to protect themselves from the NATO forces. Consequently, the NATO forces have
been using drones to target these groups in Pakistani areas. The Pakistan armed forces
have also launched military operations in the FATA against them to halt their activities.
As a result, the people of these areas have been directly affected, and their lives are also
under threat. Under such circumstances, a large number of people belonging to FATA and
Khyber Pakhtunkhwa have also migrated to peaceful and comparatively prosperous areas.
For that matter, the Punjab province in general, and Lahore in particular, are attractive

*
President of Afghanistan (2001 - to date )
 226
places for them to find economic opportunities and earn livelihood for themselves and
their families.
Political issues of Afghanistan have stimulated a prolonged and consistent state of
war. The findings of the survey have disclosed that most of the child scavengers (55%)
belonged to Afghanistan. However, 13% Khyber Pakhtunkhwa and 3.5% belonged to the
FATA. The total percentage of the immigrants from Khyber Pakhtunkhwa, Balochistan,
the FATA and Afghanistan stands at 71.5%. Though the remaining 28.5% child
scavengers are of the Punjabi origin but no one hails from Lahore, where they have been
undertaking their business. The figures show that actually the immigrants are involved in
the scavenging business in Lahore. The principal cause of their migration from their native
areas to Lahore is that their life and security were under threat. Indeed, right of life and
security by all means, are considered the most important rights for a human being.
When these scared people left their native places for cities, most of them did not
have such skills which are demanded in the markets of cities. Moreover, they were without
resources, references or social links to get some respectable jobs. Predominantly, they
were involved in agriculture related works or small private businesses which they were
unable to begin in cities. These immigrants thus found scavenging an easy option because,
big cities like Lahore, discharge huge quantities of solid waste material to be scavenged.
Therefore, they adopted this profession because it did not require any official permission,
nor any particular skill.
In this profession they have to work in filthy and unhygienic conditions, and as a
result, they are prone to fall prey to various diseases which can be fatal, particularly in
absence of proper protections and medical care. Likewise, they also confront dangerous
insects, reptiles and animals, which are usually found in the garbage where these children
work. They work in open places in extremely hot weather of Lahore without any
protection from the sun. The environment exposes them to various illnesses like sunstroke,
cold, diarrhea and viral infections. The survey has documented that many children have
been infected with a number of diseases and illnesses. The sites of garbage are breeding
places for multiple germs, flies and mosquitoes, which cause malaria, dengue fever,
allergy, typhoid and dysentery. These diseases can be fatal for human beings if they are
not treated properly and in time. At the dumping sites, it was noted that the material was
invariably burned to dispose it off, which polluted the whole environment. Child
scavengers work in a polluted and dusty environment which can affect their lungs and
cause asthma and respiratory problems which are chronic diseases. The presence of
 227
hospital waste in garbage is another threat to the health of these children. This waste can
carry germs of dangerous diseases. Child scavengers run after moving trucks which bring
garbage from city. They do it in pursuance of collecting valuable items before others get
hold of them. Due to competition, it was reported that some children lose their lives and
many get severely injured. Most child scavengers live in jhomparies (huts) which are
erected in slums. The living conditions in these slums are extremely poor and no basic
facility is available there. The conditions in these slums are also unhygienic and dangerous
for their health and life. Under such conditions life and security of child scavengers remain
under consistent threat. They ran away from their native places for the safety of life, but
they have been caught in an environment where life and security are consistently in
danger.
The stated environment and conditions clearly violate Article 6 of the CRC, Article
6 of the International Covenant on Civil and Political Rights (ICCPR) and Article 2 (3) of
the UN Charter, Chapter 1. All these articles advocate the right of life and security to all
individuals without any prejudice. It is further stated in these documents that protection of
life and provision of security to the citizen is responsibility of every member state of the
UN. But in the case of child scavengers, neither the Government, nor civil society, has
done any thing to protect their life and give them security.

Right to Dignity and Worth

There are certain communities and professions in our society even in the 21st
century have been deprived of dignity and worth. Child scavengers compose a segment of
society whose dignity and worth are at stake. They work in the garbage, dirt and filth. A
child scavenger tries to find livelihood for himself in the waste of others. They work from
dawn till dusk in stinky places where other people would feel extremely difficult to even
breathe. It was observed during the survey that child scavengers did not hesitate to eat
leftover edibles from the garbage, which is unhygienic, rotten and no doubt, harmful for
their health. People generally suspect them of being thieves. Moreover, due to their shabby
appearance, dirty clothes and abysmal nature of work, people are reluctant to mingle with
them, which has made them a socially excluded community. At a tender age, they
experience dislike, suspicion and hatred from people, which is detrimental to their dignity
and self-esteem. As a result, they lack confidence in themselves. Thus, they avoid
interacting with people. Apart from aparthic social treatment, a child scavenger also faces
 228
the same kind of treatment from his/her parents. They usually do not care about their food,
clothes and health. They sent them to work which is hazardous in nature and harmful for
them. They live in slums where hardly any facility exists. So, keeping in view their living
conditions and the treatment they get from their parents, their dignity and worth stand no
where.
After the right of life and security for a human being, dignity and worth are other
important rights, particularly for children, because these rights would inculcate in them
confidence, sentiments of peace and love. Indeed, these are very important to promote
peace, tolerance and co-existence in society. In the profession of scavenging, there is
absence of dignity and worth for children who are involved in it.
Different aspects and conditions of scavenging confront articles 8, 19, 35, 37 and
38 of the CRC as far as dignity and worth of children are concerned. This profession is
also contradictory to the Preamble of the UN, the Preamble of the UNDHR, the Preamble
of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the
Preamble the International Covenant on civil and Political Rights (ICCPR). All the
preambles emphasize dignity of all human beings without discrimination.

Right of Health and Health Care

During the survey, deplorable health and hygienic conditions were noted. Child
scavengers, by and large, were unaware of hazardous and harmful conditions in which
they were working. Some of them were even walking bare-footed in the garbage. Their
apparent physical appearance disclosed that all of them were in dirty clothes and had scars,
cuts, bruises and scabies on their bodies. Most of them never consult doctors and treat
themselves, or are treated by their parents. Many of these children complained about
insect, reptile and dogs bites. Dog bite can also cause rabbis, which poses a serious threat
to their life. Presence of poisonous reptiles cannot be ruled out in the garbage. Likewise,
they have skin-rash and allergy due to dirty bodies and clothes. The survey revealed that
50% of them did not take bath daily despite working in filthy conditions. Many ate
leftover food items found in garbage, which is dangerous for their health. Most of the
respondents complained of various diseases which can prove fatal if not given timely and
proper treatment. Similarly, presence of hospital waste in the garbage was another threat to
their health and life. They could fall prey to diseases while sorting out hospital waste from
the garbage. These conditions can cause serious health problems, particularly in the
 229
absence of health and medical care. Such conditions violate Article 24 of the CRC which
puts emphases caring for the health of a child.
Moreover, the data gathered in the survey disclosed that they are not provided with
a proper diet. The majority of them eat meat and take milk very rarely. These are basic
requirements for the body of a child. At the same time, they are underfed which affects
their health and physical growth. Lack of nutrition, unhygienic eating habits and tough
work routines hampers their health and physical growth. Such conditions also violate
Article 25 of the UNDHR and Article 12 of the ICESCR.

Right of Equality
The children involved in scavenging are an outcome of social, cultural, political
and economic inequality. They are regarded as worthless in the eyes of the people. The
discriminatory treatment they get from common people is because of the nature of the
work that they do and their dirty appearance. As a result of economic deprivation, this
segment of society is a serious victim of social inequality. Slavery was abolished because
it was a scar on the face of humanity and a symbol of disgrace for a human being. But in
the 21st century, scavenging is a profession where disgrace and inequality prevail because
these people are not in a position to take up any respectable economic activity. They have
been undertaking this profession just to feed themselves and their families. During the
survey, a complaint made by the majority of child scavengers (53%) was that they were
not getting the same social treatment as other children got. The conditions and routines of
child scavengers noted during the survey, prove that unlike other children, most of the
child scavengers have to travel on foot from 20 – 25 kilometers per day while carrying
load of scavenged items on their shoulders. They are not sent to school nor given time to
play. Most of them have deficiency in their intakes and they suffer from different body
disorder and diseases. They are kept in unhygienic conditions which are dangerous for
their health and life. So, it seems that right of equality will remain a dream for them.
The UN was formed with the intention to promote and respect human rights, and to
ensure the fundamental freedom of all without distinction. The practice of scavenging,
where children are the main victims, is against Article 1 (3), Chapter 1 of the Preamble of
the UN Charter as well as the Preamble of the UNDHR. It violates Article 2 of the
UNDHR, Article 2 of the ICESCR and Article 2 of the ICCPR which emphasizes on the
fact that there would be no discrimination. However, Article 24 (1) of the ICCPR and
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Article 22 (1) the CRC have explicitly advocated equal rights of children. So, Article 22
(1) of the CRC and Article 24 (1) of the ICCPR emphasizes the need to avoid
discrimination, particularly against children, because of compassionate considerations.

Right of Education
Education makes a human being more aware, useful and productive. Education is
the basic right of every child prescribed by the CRC. The findings of the survey disclosed
that all the children involved in scavenging were either illiterate, or drop-outs. In fact,
when a child works for the whole day, it becomes impossible for him to attend the school.
On the other hand, the scarcity of schools and unattractive schooling system also keep
them away from formal education. Although the remaining (21%) respondents who joined
schools and could read a little, none of them could go beyond primary classes and became
drop-outs.
Poverty is regarded as the principal cause of child labour. It forces parents to keep
their children away from schools because they are unable to afford education for their
children. They use their children to run the households or supplement the income of the
family. In many poor families, it was noted that parents send their children, one after
another, to augment their income. So, the more children they send to work, the more
income they can generate. Eventually, they end up with large families in greed of more
income. The findings of the survey also confirm that an overwhelming number of children
(81%) in the scavenging profession belong to large families. Parents compromise
education of their children, which is their basic right. So, most of them remain deprived
the benefits of education and become part of a vicious circle. They take up scavenging
because they are not getting education and are not in schools.
No education or no schooling violates Article 26 of the UNDHR. It says
“elementary education shall be compulsory.” Similarly, it contradicts Article 13 of the
ICESCR which stresses: “education enables all persons to participate effectively in a free
society, promote understanding, tolerance and friendship among all nations…, for the
maintenance of peace.” No doubt, it seems that education is an essential remedy to counter
violence and intolerance in the world. Absence of education is also a violation of Article
28 of the CRC which puts responsibility on the state to ensure compulsory and free
education for children. Article 28 (d) of the CRC further states that measures have to be
taken to encourage regular attendance at schools and reduction of drop-out rates. This
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Article is being violated not only because of illiteracy, but also due to drop-outs from
schools. Apart form the Government, parents are also responsible for keeping child
scavengers out of school and pushing them in this hazardous profession where their likely
future is bleak.

Right of Social Security

According to the findings 90% of the respondents stated that neither any official of
Government department nor any person from an NGO have approach them to know their
problems. It shows the reluctance or inefficiency on the part of Government. When an
individual undertakes a profession like scavenging, it reflects that either a social security
system is absent or is ineffective. For example, if a person has sources to initiate any
respectable economic activity then why one would go to garbage for scavenging. In last
few decades, the population and growth ratio of scavengers have been on the rise, which
has exposed the fragility of the social security system in Pakistan. It is unable to rescue
people at difficult situations. Consequently, scavenging is one of the easier options to be
undertaken in spite of all its hazards. Scavenging seems to be the only breadwinning
activity which does not require finances, a specific skill, and permission from any agency
of the Government. So, the weak and ineffective social security system of Pakistan has
made needy and deserving people helpless. In desperate situations, such people undertake
economic activities which not only undermine their health, but deprive them of social
respect also.
The poor state of social security is against Article 22 of the UNDHR and Article 9
of the ICESCR. Similarly, under the stated circumstances, Article 26 of the CRC is also
violated which says, “State parties shall recognize for every child the right to benefit from
social security, including social insurance.” As far as social security is concerned,
government of Pakistan is not fulfilling its responsibility and thus stands failure.
Right of Family Unit
The family is the primary unit of society and provides an environment which is
useful for the mental, physical, social, cultural and educational training and growth of a
child. However, it was noted during the survey that child scavengers were sent away from
their families by their parents for the whole day to collect saleable items to earn money.
Consequently, these young-ones remained detached from their families for longer hours
and as such, missed the family environment. At a tender age, they not only work in
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hazardous conditions, but also miss the warmth and affection of their families, which is
imperative for their self-esteem and fulfillment. The right of the child to be with his family
is being violated due to long working hours. In this duration, parents neglect the needs of
their children. The right of family unit is described in Article 16 (3) of the UNDHR.
Likewise, Article 23 and 10 of the ICESCR gives importance to the family unit for better
upbringing of children. In these articles, the family is regarded as a natural and
fundamental unit of the society and is entitled to be protected by society and the state.
Articles 9, 18 and 20 (1) of the CRC are also violated when child scavengers remain
detached from their families for the whole day due to work. Indeed, it seems that the
selfishness of parents instigates them to send their children to work. They do not realize
the damage done to their children in the process.

Right to Standard of Living

Standard of living refers to proper food, clothing, housing, medical care and
necessary social services. However, the findings of the survey reveal that the majority of
the child scavengers do not get proper food, 41% could not eat meat even once a week.
Similarly 41% did not have the means to take milk even once a week. Moreover, it was
noted during the survey that the children ate leftovers from garbage which was a routine
matter in the scavenging culture. Indeed, it is unhygienic to eat things lying in the debris
of the garbage because presence of various germs of diseases there cannot be ruled out. As
far as their clothing is concerned, 81% did not change their clothes daily despite the fact
that they worked in filthy environments for the whole day. Most of the child scavengers
were found in shabby and dirty outfits. They drink water from local hand-pumps or taps
which is unsafe for health. All day, they work in garbage dumping sites which are possess
numerous unhygienic and dangerous material including hospital waste. There is a strong
probability that they can be infected with dangerous diseases. Burning of garbage at
dumping sites is a matter of routine and makes the whole environment smoky and
polluted, which is another health hazard for children. The survey revealed that 66% of the
respondents were injured regularly during their work.
The majority of child scavengers lived in huts (jhomparies) in slums which do not
have basic facilities like sanitation, potable-water, electricity and gas. These huts are
unable to protect them from extreme weather conditions of Lahore. In most cases, the
whole family lives in one or two-room houses. Apart from family members, pets and
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animals also live around them. In the localities where they live, there is hardly any system
of sewerage. It is findings of the survey that 44% of their houses are without latrines.
As far as medical care is concerned, child scavengers rarely go to a doctor in case
of illness and are mostly treated by their parents. Even birth of children takes place in the
same hut without any doctor or proper treatment available at hand. The mortality rate
among infants and children in these families is high because of the absence of proper
medical care, treatment and hygienic conditions.
The standards and conditions of their food, clothing, housing and medical care
flout Article 25 of the UNDHR, Article 11 and Article 7 (ii) of the ICESCR. In addition,
Article 24 of the CRC recognizes the right of the child to enjoyment of the highest
attainable standards of health and care. Likewise, Article 27 of the CRC makes the state
parties recognize the right of every child to a standard of living adequate for the child’s
physical, mental, spiritual, moral and social development. It goes without saying that all of
the above stated articles about right to standard of living are being violated in the
profession of scavenging.

Right to Rest and Leisure

Rest and leisure are natural and basic requirements of a human being. This right is
an imperative in the case of a child, because at a young age, the body is in a growing
process and, therefore, it requires proper rest, leisure and food. On the other hand, child
scavengers labour for the whole day and do not have proper rest and leisure. Although
they take a break for a small period of time, yet they take rest in the same filthy dumping
places and do not go to homes or a proper place for rest. In this profession, according to
the survey, these children, by and large, take a holiday once a week, and have reasonable
time for sleep at night. One can say that they take rest for a period of time, but leisure is
not available to them. Though they play during their working hours, they do not get any
marked specific time for that. They play at road-sides, dumping sites and on foot-paths
which are by no means, proper places for play.
Leisure and proper playing conditions are quite important for the health and
growth of young children, but there rare commodities in the life of child scavengers. It
contradicts Article 24 of the UNDHR and Article 7 (d) of the ICESCR. However, Article
31 of the CRC is specific about these rights of the child and puts responsibility on the
State Parties to fulfill these conditions. The Article recognizes, apart from play and leisure,
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recreational activities appropriate to the age of the child and his right to participate freely
in cultural life and arts. In the stated conditions, when the child scavengers have not been
provided with leisure and time to play, how can they have recreational activities? No
doubt, such activities can make the child a productive person for a nation. This right of
children, in many ways, is also being infringed.

Right to Just and Favourable Conditions of Work

Just and favourable conditions of work refer to the proper place and working
environment where there is no exploitation of workers. There should be an environment of
competitive and other facilities in accordance with the age or gender of the workers. The
remuneration of the work should be just and according to market rates. Scavenging is a
profession in which children have to work regularly in unfavourable conditions. They
work in conditions which were dangerous and hazardous for them. They are also socially
and financially exploited by people. They were underfed, undernourished and underpaid
because they depended totally on elders.
Most of the respondents (66%) stated that the major portion of their earnings was
being spent on other members of the family. These children were over-worked because
52% of the respondents worked from five to eight hours a day in extreme weather
conditions. Moreover, they go from one place to another and keep on roaming throughout
the day for scavenging purposes. Their weak shoulders keep on carrying bags in which
they gather scavenged items. More than half of the respondents (50.5%) carried between
20 Kg to 60 Kg bags on their shoulders of scavenged items. Carrying that heavy a bag for
long time is not competitive with their age. So, roaming all day with pretty heavy bags in
extreme weather conditions has made scavenging a hazardous and difficult profession. In
such an environment the psychological and physical health of a child scavenger is also at
stake.
These conditions contradict Article 23 of the UNDHR which also stresses on free
choice of employment. In scavenging, a child has not opted for this profession, but he is
compelled, either by his parents, or conditions, to undertake one of the most degraded
professions. The environment and deplorable economic conditions of this profession
violate Article 7 and Article 10 (3) of the ICESCR. In particular, Article 10 (3) has been
incorporated in the ICESCR for children which says: “Children and young persons should
be protected from economic and social exploitation. Their employment in work harmful to
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their morals or health or dangerous to life or likely to hamper their normal development
should be punishable by law.”
The CRC does not support that children should labour in extreme conditions and if
they work, they should have just and favourable conditions. Article 19 and Article 32 of
the CRC are clearly violated by the conditions in which the child scavengers work. Article
32 says that: “child is to be protected from economic exploitation and from performing
any work that is likely to be hazardous or to interfere with child’s education, or to be
harmful to the child’s health or physical, mental, spiritual, moral or social development.”
Likewise, Article 32 (2) puts responsibility on the States to take all measures to ensure the
implementation of the said article. It further emphasizes that unhygienic, dangerous and
filthy conditions of workplaces can be harmful for the health and growth of people. It is
the responsibility of the State to check and regulate these conditions in working places
which endanger the physical fitness and life of a worker. Although Pakistan has ratified
the CRC, the violations of its articles show that the Government of Pakistan is not playing
its due role. The deplorable conditions in the scavenging profession, particularly for
children are, a clear violation of the right of just and favourable conditions written in the
CRC, ICESCR, ICCPR, UN Declaration and the UNDHR also. Despite scavenging having
been declared as a hazardous kind of labour by the ILO yet it is un-redressed and on the
rise in Pakistan.

Right of Equal Pay and Equal Work

Child scavengers, by and large, are self-employed and do not work for any
employer or owner. Though family compulsions force them to labour, they are quite at
liberty, to some extent, to work according to their requirements and mood. Unlike the
employment culture prevailing in Pakistan, they are neither forced nor supposed to labour
for specific periods of time. Their earning depended on what they scavenge from garbage
and the more they scavenge, the more they can earn. So, their earning depends on how
much time and labour they put in scavenging. That is why their earning is not fixed and it
keeps on varying.
As far as equal pay and equal work are concerned, child scavengers do not fall into
that category. So, apparently, violation of the right of equal pay and equal work is not
established as far as the child scavengers are concerned.
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Right of Freedom from Fear and Want

Freedom from fear and want is only possible when every individual enjoys
economic, social, cultural and political rights without any discrimination. Child scavengers
are deprived of most of the stated rights. They are socially, culturally and politically an
isolated community. Due to the abysmal nature of the work, dirty clothes and suspicion in
the minds of people, they are kept at a distance. They have constant fears in their minds,
such as fear of starvation, fear of dislike by people and fear of deplorable nature of their
work. These fears develop in them permanently, a hesitation to interact and mingle with
people of Lahore. Thus, they usually live in excluded areas to avoid direct links with
inhabitants. These circumstances exclude them not only socially, but culturally. Their
social and cultural circle by and large, consists of people of their own community.
Similarly, they are not concerned with the main stream politics. More than half of child
scavengers have migrated from Afghanistan, and the remaining from Khyber
Pakhtunkhwa, Baluchistan and the FATA to Lahore. Because they are immigrants, cannot
be registered as voters in Lahore. They do not have any political significance. Therefore,
politicians are reluctant to do anything to improve their condition. They are politically
isolated and do not have any voice in the political circles.
Circumstances and conditions force them to opt for this deplorable profession to
keep themselves and their families alive. Despite the fact that an overwhelming majority
of scavengers had left their native areas and country in search of security and food, they
were caught in a profession from which they were unlikely to escape for fear of life and
limb. They cannot satisfy their need for food, equality, respect and care. Their utmost wish
is to have peace, security, food, shelter and equality because they are human beings.
One can gauge the importance of the right of freedom from fear and want from the
fact that it is included in the preambles of the UNDHR, ICESCR and ICCPR. Yet this vary
right of child scavengers is infringed upon in clear violation of the UNDHR, ICESCR and
ICCPR.

Right of Liberty
Article 3 of the UNDHR gives right of liberty even to children, they must be
treated with more care and affection. But confinement of a child or forcing a child to do
labour is a basic violation of his rights. During the survey, it was noted that the majority of
child scavengers were victims of greed and selfishness of their parents. They were not
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given proper time for playing and leisure which showed that they did not have that liberty.
They were confined to an exploitative environment by their parents for economic gains.
They did not have liberty even to spend their earned money on themselves. These young
ones are being exploited by their parents, which is in clear of Article 37 (b) of the CRC.

Right of No Torture
As a matter of fact, the scavenging profession is associated with psychological,
social and physical torture. Throughout the day, scavengers remain at dumping sites,
which are full of filthy and unhygienic things. On the other hand, it was observed during
the survey that people do not allow scavengers to mingle with them. The nature of their
work is not compatible with their tender age. During the survey, a sizeable number of
child scavengers complained that they were abused by their elders, associates or security
personnel. 80% of the respondents had cuts/bruises, 36% burns, 55.5% scabies and 76%
allergic dermatitis. People suspect them of wrong doing and do not like to interact with
them which amounts to psychological torture, and damages their self-esteem and
confidence. These findings of the survey show that these children face constant threats to
their health. The combination of these conditions amounts to psychological, social and
physical torture, which is a violation of Article 5 of the UNDHR, Article 7 of the ICCPR
and Article 37 (a) of the CRC.

Right of Refugee Children

The findings of the survey revealed that an overwhelming majority of the child
scavengers are immigrants. Although 52.5% were Afghan refugees, the number did not
reflect their actual ratio, because many child scavengers avoided disclosing there refugee
status due to fear in their minds. As they do not have roots and social links in Lahore, they
opt for scavenging to run their households. Many of them have been staying here for more
than a decade, and a large number of them were born here. They are maltreated by the
public at large. It cannot be ruled out that the main reason of this social behavior would be
the abysmal nature of their profession. Initially, Afghan refugees were contained in
refugees camps mostly established in Khyber Pakhtunkhwa, Balochistan and the FATA.
But due to prolonged containment, many sneaked out from those camps and came to big
cities in search of economic incentives and better living conditions. However, it is against
the laws of Pakistan. Therefore, most of the Afghans do not get themselves registered in
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big cities as refugees because they are not allowed to settle there. Therefore, they try to
avoid the Government officials fearing that they might be sent back to the refugee camps
where they would have a confined life and limited means. It is a fact that children of
Afghan refugees, whether in camps or outside cannot get rights of refugee children stated
in Article 22 of the CRC. It says that they are supposed to receive appropriate protection
and humanitarian assistance in accordance with the rights set forth in the CRC.
During the survey, child scavengers complained that they were discriminated
against. This violates Article 22 of the CRC, which says that a refugee-child deserves the
same treatment as other children, irrespective of their nationality, background and race.
Thus they should not be discriminated against for any reason, including the nature of their
profession. For example, if a convict is caught by the police but at that time he is seriously
ill or injured, according to prescribed Human Rights, he must be provided with medial
treatment before being punished or jailed.

Right of Registration and Nationality

As per findings of the survey, most of the child scavengers are not registered as
refugees. There are two reasons why they do not get themselves registered either in the
National Database Registration Authority (NADRA) or registration of refugees. By and
large, a refugee staying in big cities like Lahore, is not a legal resident because he is not
supposed to leave the refugee camps. As already stated, due to a prolonged stay in the
refugee camps, they start leaving their camps and go to big cities in search of better living
conditions. The second reason is that they gain economic and political benefits for being
refugees. Hence, they did not want to forfeit those benefits. At the same time, they also
think that some day they might go back to their homeland. For that reason, they usually
avoid registration with the NADRA, or refugees’ registration. Most of the children born in
Pakistan after the migration of their parents from Afghanistan are not registered. As such,
they remain without an identity which is a clear violation of Article 24 (2) of the ICCPR
and Article 7 of the CRC.

Responsibility of State

Pakistan is a signatory of the UNDHR, ICCPR, ICESCR and the CRC, which are
internationally recognized for the rights of individuals. These were made under the
auspices of the UN. Pakistan is under obligation to follow them in letter and spirit. For
 239
that matter, Pakistan is supposed to undertake legislative, executive, judicial, social,
economic, educational and political measures to provide rights to the children who belong
to one of the weakest and most vulnerable segments of society. Keeping in view their
various problems and conditions, the Government has to legislate new laws to tackle the
problems of child scavenging in Lahore and elsewhere. The present conditions of
scavenging profession violate various articles of the UN Declaration, Covenants and
Convention. The reluctance of the Government to tackle this problem is one of the major
causes for the increase of child scavengers in Lahore and other big cities of Pakistan.
During the survey, it was found that the Government was not implementing any strategy
or plan to redress this problem. It is pertinent to mention that not even a baseline study or
census of child scavengers has been conducted by any department of the Government. The
case study of child scavengers of Lahore shows that Pakistan has not been fulfilling its
obligations to the UN and the International Community to ensure the human rights of
children. Pakistan has not only ratified the ICCPR, ICESCR and CRC, but also
Convention 182 of the ILO. The Convention182 has stressed on the signatory-states to
focus on and redress hazardous kinds of child labour. It is proved that scavenging through
children is one of the most hazardous kinds of child labour. If Pakistan does not redress
these violations, a big chunk of its children will remain unproductive. Consequently, it
will not only damage the next generation but also the social, economic and political fabric
of the country.
The situation assessment exposes that various violations of human rights of the
child scavengers take place in this profession. Their life is under a constant threat because
of their unhygienic living and hazardous working conditions. By joining scavenging
profession, they have compromised their worth and dignity because common people look
down upon them. It happens because of their filthy profession and untidy appearance.
They are not welcomed by common people to have social links with them. Society does
not give them respect and treat them like inferior human beings, thus, their social
interactions are confined to their community. Child scavengers become socially excluded
community and victims of inferiority complex for whole of their life. Unlike other
children they are not given care, affection, and warmth of family which are imperative for
their confidence, vocational training and growth of personality. In community profile, the
grave conditions of the siblings of Nadir have been noted which are out come of undue
treatment of their parents towards them. Leisure, play and recreational activities are rear
commodities in their life. Though, child scavengers are free individuals yet their
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conditions are worse than prisoners. They are only allowed to do specific works in a
prescribed orbit. They are not independent to select a work and environment with their
own choice. Neither they are allowed to possess their earnings and nor spend on
themselves. A prisoner will be freed after completion of his sentence but a child scavenger
is unable to get himself free from the vicious circle of scavenging. Similarly, after
competition of sentence a prisoner can restart his social and economic career but for a
child scavenger, it is extremely difficult to find a new career of his choice. Apart from
poor quality of food, they also eat discarded and rotten eatables, they find from garbage.
This habit and routine, reduce them to the level of animals. Doctor is usually available to
the prisoners for their checkup and medical treatment but child scavengers do not have
access to a doctor and thus numerous like Asifa and Ali are scrummed to illness. Prisoners
have latrine and bath-rooms but for the child scavengers these facilities are not available.
Most of them take bath after many days thus keep themselves and their clothes dirty which
again make them prone to various illnesses.
Some of conditions of child scavengers resemble with bonded labour. Like other
children, they are not provided opportunities to make their future by getting education or
learning any skill or art, demanded in market. They remain illiterate and are unable to
come out from the quagmire of backwardness. Their living conditions are of abysmal
nature and they do not have some common facilities which other people generally have.
By going through their conditions, it can be said that these children are unlikely to become
productive and useful individuals. They will have a bleak future like Zaryab, Gulraiz and
Nadir. It is a matter of great concern that child scavengers are a big chunk of child
population and it has negative effect on the overall growth of the society.
The observations in the survey, the findings of the PBDA, Statistical Tests and
particularly Situation Assessment of scavenging through children, have verified that
frequent and excessive violations of the human rights of the subjected children take place
in this profession. Therefore, the hypothesis of the study that ‘the involvement of children
in the profession of scavenging leads consistent violations of their rights cannot be
rejected.
 241

330
http://news.bbc.co.uk/2/hi/7883532.stm (Accessed: April 09, 2010)
331
Ibid.

332
Martin Ewans, Afghanistan A New History (Lahore:Vanguard Books, 2001), 168

333
Ibid., 190

334
http://www.un.org/apps/news/printnewsAr.asp?nid=14696 (Accessed: February 17,
2010)
 241

Chapter 7

Conclusion
and
Policy Implication
 242

7.1 Conclusion and Policy Implication

After a thorough observation and study of the phenomenon of child scavengers, it

has been found to be a complex and deep rooted problem. Social, cultural, political and
economic aspects are encouraging this practice. Some national and international factors
are also involved in the growth of child scavengers in Pakistan. It is expanding day by day
and no stakeholder has come forward to check or control it. If this form of child labour is
growing, which is one of the worst forms, then check and control on other kinds of child
labour in Pakistan will remain questionable. So, it would eclipse the credibility of Pakistan
regarding its commitments to the International Community (IC) to undertake measures to
check and control the growth of child labour. Worldwide, with the help and support of
some International Institutions and focused efforts of the governments, it is reported that
in many countries child labour has decreased.
The number of child labourers globally fell by 11 per cent
over the last four years, while that of children in hazardous
work decreased by 26 per cent. For the age group of 5- 14
years the decline in hazardous work was even steeper – by
33 per cent. … Latin America and Caribbean are making
the greatest progress. 335

According to the stated report of the ILO, the decrease is quite evident in hazardous kinds
of child labour, but as far as Pakistan is concerned, it presents a different picture. Most
findings and reports of different NGOs claim that child labour is still at a rampage in
Pakistan. The findings of survey on child scavengers have verified that it is one of the
most hazardous kinds of child labour and its magnitude is quite noticeable particularly in
big cities. Therefore, it has become a serious problem and a matter of concern for all
stakeholders including the government. However, the case study was conducted in only
one city of Pakistan i.e., Lahore, which seems the tip of an iceberg. According to a careful
estimate in consultation with experts and stakeholders, the number of child scavengers in
Lahore is around 30,000. It reflected that total population of child scavengers in Pakistan
would be in hundreds of thousands. So, it cannot be ruled out that a large number of
children are involved in this profession which is still awaiting attention of the government
and other stakeholders. The child scavengers urgently need serious and focused efforts not
only to give them their rights, but also to make them productive human beings in their own
interests as well as in the interests of the society.
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It is worth mentioning that child scavengers were not included in the census of
child labour undertaken by the government in 1996. It reflected a lack of concern and
seriousness on the part of the government about this problem. Unless the government has a
deep interest in the plight of child scavengers, how can this problem be redressed? Some
efforts were made on the part of the government to check child labour but those remained
confined only to the formal industrial sectors. The informal sectors of child labour
including scavenging, have yet to receive any meaningful attention from the government.
As a matter of fact, the population and growth ratio of child labour in the informal sectors
is much higher as compared to the formal sectors of child labour in Pakistan. With the
passage of time and changes in life style, some new kinds of child labour have emerged
and are being practiced excessively, particularly in cities. Scavenging through children is
one of them and is comparatively, a recent phenomenon.
As children are one of the most vulnerable segments of the society who totally
depend on elders for nurture. Due to their innocence, dependency, vulnerability and other
considerations they need care, education and an appropriate environment to become
useful, responsive and productive citizens. The undertaken survey is on child scavengers
who are living in inhuman conditions and in deplorable circumstances. The findings of the
survey have verified in the preceding chapters that various human rights are being violated
of the subjected children in the scavenging profession.
Scavenging through children is actually a product of a vicious circle of poverty and
has multiple causes. It is a complex problem and cannot be seen and studied in isolation. It
needs to be checked and controlled by adopting a multi-pronged strategy to redress its root
causes. Rampant poverty, illiteracy, unemployment, large family sizes, rural-urban
migration, an ineffective social protection system, and prolonged armed conflicts in
neighbouring Afghanistan are the main factors to encouraging scavenging through
children in Pakistan. The findings of the study verify that poverty, illiteracy and
scavenging through children are correlated. However, addition of large family size makes
this combination lethal which compels the parents from the lower strata to send their
children to do some kind of labour to earn money. Scavenging is an easy option for them.
These three variables perpetuate scavenging through children from generation to
generation and this vicious circle is very hard to break unless a comprehensive strategy is
adopted. It is a fact that the causes of this problem are inter-woven with social, cultural,
economic and political factors.
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This problem cannot be solved only through administrative measures. Though the
government has the machinery, manpower, resources and authority yet, without the
support of the civil society, this problem cannot be tackled in a comprehensive manner.
The support of international agencies and institutions is also required because unhealthy
economic conditions of Pakistan render it in capable to fight out this evil alone. Hence, the
pivotal role of the government cannot be ruled out in implementing a multi-pronged
strategy supported by the people and the International Community (IC). A comprehensive
strategy comprising macro as well as micro policies has to be undertaken to tackle the
problem. In this context, three pronged measures, i.e., preventive, regulating and
rehabilitating are recommended to redress, regulate, control, reduce and eliminate
involvement of children in scavenging profession from Lahore in the first stage. Then, this
strategy can be implemented in other cities at the national level. Furthermore, such a
strategy can be utilized with certain modifications to curb other kinds of child labour on a
broader scale in Pakistan.
By adopting the stated three-pronged strategy, one should not expect instant
reduction of scavenging through children in Lahore. However, it would slowly and surely
bring down the involvement of children in scavenging with minimum negative effects.
Most of the proposed measures are related to macro policies which would have effects at
the national level and the entire population of child labourers would be benefited from
them. However, there are certain micro measures which would be helpful to regulate and
rehabilitate the population of the target area.

a) Preventive Measures:

i. Poverty Alleviation

Almost every study reveals that poverty is the root cause of most kinds of child
labour. In the survey, an overwhelming majority of the child scavengers (88%) pointed out
poverty as the major factor of their involvement in this profession (see Table 5.8). The
findings of the survey pointed out that the majority of child scavengers are immigrants.
Their living standards showed that they are the poorest among poor and do not have means
to begin any respectable profession. The IC was not providing enough funds to rescue
them from the quagmire of poverty. When they were in refugee camps the IC was
providing them shelter, food and some money, but these were meager and insufficient.
Many of them migrated to cities of Pakistan. Therefore, if the IC is really interested in
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helping these refugees, then it will have to enhance its financial support and undertake
measures for their economic uplift. On the other hand, Pakistan is not in a position to
sustain their burden as it has deteriorating economic conditions. Afghan refugees and
Pakistan have not been given sufficient economic aid to cope with the situation. As a
result, these refugees are compelled to undertake professions like scavenging in Pakistan.
The Government of Pakistan should enhance its diplomatic efforts to sensitize the IC that
it should review its policies towards Afghan refugees and Pakistan.
Pakistan’s Economic Survey and other international institutions have identical
reports stating that about one-third of the population of the country lives below the severe
poverty line (see page 86). The income of individuals below poverty line is not more than
one US dollar per day. Similarly, almost three-fourths of the population of Pakistan earns
less than two US dollars per day which is certainly very low to pull them up from the state
of poverty (see page 86). When such a large population is trapped in the web of poverty,
the country requires extraordinary measures to combat it. Poverty is the mother of other
problems and generates a vicious circle of allied problems. This problem of poverty
cannot be solved with a short-term policy but needs a consistent and long term policy and
planning. At the first stage, poverty has to be controlled and, at the second stage, measures
have to be adopted to reduce and then to alleviate it.
Keeping in view the natural resources of Pakistan, comprehensive economic
planning with short and long term goals has to be designed and implemented. Pakistan
should pursue a ‘two-legged’ economy in which agriculture and industry should be given
equal importance. It is urgently needed that in agriculture, scientific methods should be
adopted and soft loans should be given to farmers, because about 70% of the population of
the country belongs to rural areas. Incentives should be given to agro-industries and fruit
tin-packing industries. That would help to develop the agricultural sector, as well as
stimulate industrial growth which would reduce poverty. To increase the agriculture and
industrial growth, it is imperative to overcome electricity and gas shortfall. Load shedding
of electricity, which is 6 to 10 hours a day, has ruined the industry and retarded the growth
of the country. For that matter, hydro-electric dams are an imperative to provide cheap
electricity which is a basic requirement for growth of all sectors.
The Government has to rationalize its budget allocation and allocate maximum
funds to social development sectors. Poverty alleviation schemes should be made and
implemented in a decentralized manner and should ensure participation of the local
people. The poorest among the poor should be identified through a household survey in
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Pakistan. Small personal loans with a minimum interest rate should be initiated by
following the Grameen Bank of Bangladesh. It would be very useful to generate self
employment, cottage industry and small business activities. Incentives should also be
given to females to start handicraft and other skill-oriented economic activities in their
homes. The women, who are almost half of the population, must be encouraged to
undertake some economic activities to increase the income of households. Poultry, dairy
and fish farming should be encouraged and, one window operations must be spread to
facilitate the people.
ii. Education

In Pakistan there is a scarcity of schools and a large number of children are already
out of school (see Figure 3.2). In such circumstances, an additional burden of Afghan
children has worsened the situation. Due to poverty, parents of these children are not
interested sending them to school. On the other hand, the schools in Pakistan, do not have
the capacity to accommodate them. So, circumstances are not in favour to educate these
children. Therefore, parents of these children, instead of educating them, are using them as
sources of income. On the other hand, illiteracy in Pakistan has remained a matter of great
concern because its ratio is much higher compare to neighbouring countries in South Asia.
About half of the population of Pakistan is still illiterate. In the survey, an overwhelming
majority (79%) of child scavengers stated that they were illiterate and the remaining 21%
turned out to be drop-outs (see Table 5.2). So, all the respondents in the sample were not
school-going. Likewise, an overwhelming majority of the parents of respondents were also
illiterate, which showed that illiteracy was a variable which had close association with the
scavenging profession. Apart from the illiteracy rate, the drop-outs’ ratio in Pakistan is
also very alarming. Therefore, the situation of education in Pakistan is quite bleak.
Primary education in Pakistan continues to suffer from
teaching absenteeism, inadequate facilities, poor
management scarcity of schools, overcrowded classrooms
and lack of teachers training. Pakistan is one of the few
countries in the world where the ratio of school going
children has actually decreased. For every 100 children
entering primary schools less than half are completing high
school education. Pakistan ranks sixth among the SAARC
nations, ninth in the E-9 countries, 31st in the Muslim world
and 131st amongst the 180 countries of the world in
education. The ranking is based on the survey conducted by
the UN and World Bank.336
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Many people of FATA and Khyber Pakhtunkhwa (shown in findings of the survey)
migrated to Lahore and undertook scavenging because of the Afghan war, terrorist
activities and military operations. Thus the problem of scarcity of schools in Lahore has
intensified. In the FATA and some parts of Khyber Pakhtunkhwa, the Taliban have
destroyed many girls’ schools to prevent them from getting education. These areas are
facing a threat to their meager educational facilities. As a result, these backward areas are
suffering not only economically and socially, but educationally too due to the Afghan war.
Most studies of the UNESCO, ILO and NGOs have found that education is the best
measure to tackle the problem of child labour. In this regard a study of Indian state Kerala
disclosed:
In Indian state of Kerala, with an average per capita
income, 95% literacy rate, the highest in the country and
lowest incidence of child labour, is a fine example of what
a strong political and social commitment towards education
can achieve.337

The IC should provide aid to the Government of Pakistan to open special schools
for the children of Afghan refugees and migrants of the FATA and Khyber Pakhtunkhwa
to save them, not only from illiteracy, but from adopting the degrading profession of
scavenging. The IC should realize its responsibility because Pakistan is enduring these
problems and losses for international peace and security.
On the other hand, the government of Pakistan should re-assess its allocation of
funds for education which is still far compared to international standards. In accordance
with to international standards, the government should spend at least 5% of its GNP on the
education sector to meet the challenge of illiteracy, which is the root cause of various
problems including the involvement of children in scavenging. Most of the labouring
children belonging to lower strata enter the workforce due to scarcity of opportunities for
free and quality education. Parents of these children perceive that education at
government-run schools is neither beneficial, nor market oriented. Thus they are not keen
to send their children to those schools. Therefore, they prefer to send them to labour and
earn money.
According to the Economic Survey of Pakistan 2009, from 1998 to 2008, an
increase of only 10% in the literacy rate has been recorded in the country. Figure 3.2
shows that 26 million children in Pakistan are out of school. It is the need of the time that
primary schools should be given priority for funds allocation. Moreover, the Government
should start double shift classes in its schools. The children involved in labour, particularly
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in the scavenging profession, should be given preference for admission in second shifts. At
the same time, they should be given some stipends to make them regular at school. They
should also be given free books, uniforms and transportation to keep their parents free
from the expenses of education. Financial support should also be given to the parents of
child scavengers who are direly in need of money to run their households. These
incentives would not only persuade the parents to send their children to schools, but also
reduce scavenging through children. Such measures proved very successful and useful in
Brazil and Tanzania to reduce child labour. However, it was done with the support of the
ILO and other international donors agencies.
In the next five to seven years, a target of 100% literacy rate must be achieved on a
war-footing. The Government should enact legislation and enforce laws in letter and spirit
to make primary education free, accessible, attractive, market-oriented and compulsory for
all children. An awareness campaign for parents should also be launched to make them
realize the benefits of education for their children, as well as for themselves. They should
be sensitized to send their children to schools to make them productive citizens. The
teachers must be trained and libraries, laboratories and the play-grounds of schools should
be properly equipped to make them attractive and productive.

iii. Suppressing Unemployment

If parents are getting jobs and earning sufficient amount of money for their
households, then it is unlikely that they would send their child to undertake scavenging. In
case of unemployment or insufficient earning, it becomes difficult to parents to run the
household. Such a situation forces them to send their children to work. Therefore, the
Government should create more opportunities for jobs and economic activities in order to
accommodate the adult population. With the help of donor agencies and the IC, the
Government of Pakistan should initiate some self-employment schemes for Afghan
refugees as well as migrants of the FATA and Khyber Pakhtunkhwa to accommodate the
adults. Downsizing schemes in government or semi-government departments, undertaken
during General Pervez Musharaf’s government (1999-2008), have increased
unemployment in Pakistan. It is a fact that the more the opportunities for employment of
adults, the fewer the chances of their children going to work. For the reduction of
unemployment, the Government should encourage and strengthen the private sector to
share the burden of the public sector. For that matter, a level playing field for business and
other economic activities should be ensured. Moreover, transparent and predictable
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policies should be adopted to give confidence to businessmen. Perhaps unemployment
cannot be rooted out but it should not be allowed to go beyond a particular level. Thus,
well-designed, attractive self-employment schemes should be introduced in rural as well
as urban areas to engage the adult population in economic activities. Unemployment
allowance, old-age pension and supply of basic food items on subsidized rates to the
poorest among the poor are imperative to redress the problem. The families that earn less
then one US dollar per day should be included in this category. Projects of household
enterprises should be identified. They should be given working capital and technical
support to initiate self-employed businesses like cottage industry handicrafts,
transportation, poultry or dairy farming. Vocational training programs should be spread at
national level to enable the youth to become self-employed so that they undertake some
economic activity. Furthermore, reducing the retirement age from 60 to 55 years would
also be useful to enhance opportunities for young people to get jobs. These schemes would
be very useful to keep the unemployment of adults under control.
iv. Population Control and Small Family Size

Pakistan is the 6th most populous country in the world with one of the highest
population growth rate (see page 91). The social, cultural and religious traditions
encourage people to opt for large families. The average family size in Pakistan is quite
large. During the survey it was revealed that the overwhelming majority (80.5%) of the
child scavengers belonged to families having large sizes (see Figure 5.3). Though, it is the
responsibility of parents to keep their family size within their means, they are quite
ignorant in this regard. On the other hand, check on population growth was never a
priority of successive governments in Pakistan. They turned a blind eye to this issue due
the fear of religious elements. None of the governments ever launched a bold, meaningful
and comprehensive campaign to check population growth rate.
It was noticed during the survey that when the poor parents are unable to meet
elementary needs of the family, they send their children to work to earn some money. In
the developed countries, small family size is in vogue. To tackle the trend of large family
sizes, a well conceived policy is required. For that matter, the religious scholars,
intellectuals, reputed leaders and celebrities should be involved to achieve a consensus and
create awareness among the people. The plans of population control of some Muslim
countries like Turkey, Malaysia, Iran and Bangladesh should also be studied and followed
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in Pakistan for getting positive results. In these countries incentives are also given to
parents who keep their family sizes small.
A campaign to create awareness among the people for the use of contraceptives
should be launched. The contraceptives should be distributed free particularly to the poor
people. Through the support of the media and education through curricula, the importance
and benefits of having small family sizes should be projected. The government should
adopt a clear policy in this regard, and abandon short-term petty political advantages for
the sake of a better future.
v. Awareness Campaign Against Scavenging Through Children

There is no awareness of scavenging through children and this menace has become
part and parcel of the social and cultural setting of cities in Pakistan. Although, due to a
sustained campaign of the IC, child labour in a broader sense got attention of government
in Pakistan yet scavenging is being overlooked. Parents should be sensitized that they
should not send their children for scavenging just for money only as it is extremely
harmful for them. This profession is likely to give children a bleak future and a respectless
life. They should not treat their children as a commodity having only economic value. The
parents must shoulder their responsibilities to give them education and a good life.
It is need of the time to launch a social campaign and make people aware that
scavenging through children is a curse and every body has to play his role in curbing this
practice. People should join hands with the Government and convince those parents and
stakeholders who involve the children in scavenging business. The earlier we control it,
the better it is. Otherwise, it would damage the social and economic fabric of our society.
If we intend to make these children productive and a social capital, it is imperative that we
educate them instead of sending them to scavenge. For this, media campaigns should be
launched with the association of celebrities and reputed persons to spread social awareness
and put pressure on parents as well as other stakeholders to educate their children.
vi. Soft Loaning System

The model of Grameen Bank of Bangladesh has set an example of giving small
loans to the poor without hard conditions. This plan has successfully managed to generate
a lot of economic activities, particularly in the lower strata of people. Many of them are
running small businesses successfully, particularly cottage industries, family skilled units,
farming, transportation and cultivation. Small financial support from banks opened
opportunities for many poor people of Bangladesh to contribute to the national economy
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instead of becoming liabilities. Same model should be used to support Afghan refugees
and migrants of the FATA and Khyber Pakhtunkhwa to initiate their own small businesses
instead of undertaking some degraded profession like scavenging. Such programs should
be hassle free with one window operation where Afghan refugees, IDPs and poor people
should not be made to face any hindrance. In case these people belong to the lower strata
are involved the practice would have positive effects on the overall economy of the
country. Special plans should be designed to support women to initiate skill-oriented
private business because they are 50% of the population. If the father and mother are both
involved in economic activities, it would be less likely that they would send their children
for labour.
vii. Improvement of Conditions at Refugee Camps

It was noted during the survey that there was a large number of respondents whose
parents had left refugee camps in pursuance of improving their conditions. It showed that
conditions in these camps are quite depleted, which compelled them to go some where
else. It is worth mentioning that they preferred to undertake scavenging over staying in
those camps. Therefore, in the first stage, a mechanism should be redesigned to contain the
Afghan refugees within the camps, and their basic necessities should be provided. The UN
and IC should be sensitized through diplomatic means to help Afghan refugees who are
compelled to undertake degraded professions due to their insufficient support. It is
imperative that the flow of Afghan refugees to big cities of Pakistan should be stopped
because they have been posing a threat to the socio-economic conditions of the country.
viii. Proper System of Registration of Refugees

The survey revealed that there is no check on the Afghans living illegally in
Lahore. Many have got their National Identity Cards of Pakistan without our fulfilling the
legal requirements. Thus, they prefer to take up business activities where they can hide
themselves from the eyes of government officials. And scavenging as one of those
professions which are being overlooked by government officials.
In the survey, it was noted that majority (52%) of the respondents were Afghans
but they were neither registered with the NADRA, nor registered as refugees. The
government agencies should be vigilant and play their role to register all refugees and
check their unlawful flow to the cities. Otherwise, this business of scavenging will be kept
on expanding in the cities of Pakistan.
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ix. Peaceful Solution of Political Disputes

Since the fall of the Taliban government in Afghanistan in 2001, the US-led
NATO forces were directly involved in the conflict in Afghanistan. They could manage to
extend control over some major cities. Most of the rural territory is still not under the
control of Afghan government supported by the NATO. A continuous war is going on
which has directly affected, socially and economically, not only Afghanistan, but also
Pakistan. A critical outcome has been in the shape of migration of affected people from
their native areas to peaceful areas of Pakistan. Although refugee camps were established
for the Afghan refugees, yet many of them sneaked to other areas of Pakistan. The war has
spread to the FATA and some areas of Khyber Pakhtunkhwa which forced the native
people to migrate to peaceful areas. Many of these immigrants came to Lahore and began
some economic activities including scavenging.
The US and other countries involved in this conflict should realize that the War has
not only displaced numerous people, but also compelled them to undertake some
degrading and inhuman economic activities to keep themselves alive. This large-scale
migration of people from their native places, and political instability has damaged the
social, political and economic fabric of Pakistan. How long a powerful state will go on
using coercive and violent methods to achieve political objectives? That is an important
question. Some times, in pursuance of political gains of a particular state, the entire region
has to face disasters as it happened in both the World Wars, the Vietnam, Iraq and
Afghanistan Wars.
The US being the lone super-power and the leading partner of the NATO, should
re-assess its policy towards Afghanistan. Instead of ensuring peace, the US policy has
turned Afghanistan into a breeding ground for extremist elements and violent activities.
After fighting the War for eight long years, the US should realize that this war could not
be won with hot pursuit only. Apart from hot coercive methods, negotiations and peaceful
means should also be undertaken to resolve the 30 years old Afghanistan problem. The
important actors of the conflict should know that some severe and long-lasting effects of
this war have occurred in the region, as well as in the world. It cannot be ruled out that the
recent (2008) economic depression in the world was a result of the prolonged wars fought
in Afghanistan and Iraq. So, a paradigm shift is needed in the NATO strategy to solve the
Afghanistan issue, and to curb the menace of terrorism and extremism.

x. Curbing Migration to Cities

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The survey has shown that almost all respondents were migrants and 52.5% came
from Afghanistan only, and the remaining predominantly from Khyber Pakhtunkhwa and
FATA to Lahore. The common factor in the native areas of these migrants is that they are
backward areas and thus lacked basic facilities. This migration also supports the inference
that lack of basic facilities and meager economic opportunities compel the people of those
areas to shift to cities. It was noted during the survey that when these uneducated and
unskilled people came to the cities, many of them did not find jobs. Eventually, they
became desperate and did not hesitate to begin scavenging to earn money.
To prevent them from undertaking such profession, it is imperative to check and
control the migration from backward areas to the cities. For that matter, they should be
provided basic facilities like education, health-care, communication, servicing and
economic incentives in their native areas. Moreover, people of these areas should be given
soft loans to initiate economic activities suitable to their local conditions and products.
Similarly, females of those areas should not be ignored and they should also be provided
personal loans to start household skills and small cottage industrial units. To achieve the
stated results, the government should take bold steps and allocate its funds for social
development, particularly to rural and backward areas, to develop their infrastructure.
Otherwise, migration is unlikely to be curbed and it will bring along many social and
economic problems to cities. A mechanism should be evolved to solve the problems of the
people of rural areas at local level which would check their migration to the cities.
xi. Liberalization of People from Taboos

Due to the prevalence of illiteracy and poverty, the people of Pakistan are consider
revising with different social, cultural and religious taboos. To get rid of those taboos, and
backward traditions, they should be made aware through the media and education. The
leaders, social workers, celebrities, educationists, newspapers, radio and the TV channels
should play their roles because they have an impact on the people. The people should be
made to realize that all adults of family including females, should undertake economic
activities to share the financial burden of the family. A single bread-winner will not be
able to bear the entire expenditures of the family. A small family size should be
popularized which can reduce many problems of the people of the lower strata. The people
should be made aware of the fact that having a boy should not be a matter of pride.
Because many people, in pursuance of a boy, produce many girls and end up with a large
family. They should be taught that the quality consider revising of a child matters more
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than the gender. In the developed countries, most adults of a family work. Mostly, every
adult member bears his/her expenditure which reduces the financial burden of the family.
Many people in Pakistan are not very familiar with the use of contraceptives for
birth control and some of them consider it un-Islamic. As a result, they are unable to
control birth of children and hence produce large families. It is the need of the time to free
people from these taboos and make them rational. Therefore, people should be convinced
that they should have a small family, which they can manage. It is observed that due to
unawareness in sexual matters, many people are able to give appropriate gap between two
children. They should be made familiar with use of contraceptives to keep their family size
small. Moreover, syllabus of academic courses should be modified to educate students
about these matters to have long lasting result.
Early age marriages are another tradition in our society which contributes to large
families. In fact, very young girls do not know much about measures of birth control. An
appropriate minimum age for females as well as males for marriage should be determined.
The government should make laws and ensure their implementation in letter and spirit. It
will not only reduce the population growth rate in our society, but also minimize mortality
ratio of the children. There is no second opinion that an appropriate family size compatible
with means will give good and quality life to its members.

b) Regulating Measures:
Karl Marx was also a supporter of the concept that regulation of child labour
would be a productive measure rather than banning it because it would have multiple
consequences. He stated in these words:
A general prohibition of child labour is incompatible with
the existence of large-scale industry and hence an empty
pious wish. Its realization ____ if it were possible ___
would be reactionary, since, with a strict regulation of the
working time according to the different age groups and
other safety measures for the protection of productive
labour with education is one of the most potent means for
the transformation of present society.338

It is a fact that just imposing a ban on the involvement of children in scavenging

profession can cause some serious repercussions for poor families, because many of them
use their children as the only source of their income. So, this problem has to be tackled
with proper planning and vision because half measures or a faulty strategy could be
counter productive. In a country like Pakistan where poverty is rampant, banning of this
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practice would worsen the condition of poor people. For positive results, in the first stage,
involvement of children in the profession of scavenging should be regulated. By adopting
the following measures to regulate scavenging profession, the government can minimize
problems of child scavengers and improve their working conditions.
i. Amendments in the Law

Though certain laws regarding child labour are available in Pakistan, they are out-
dated, toothless and need to be amended in accordance with International Conventions.
For example, an adolescent between 14 to 18 years of age in Pakistan is not considered
child according to the prevailing laws which is incompatible with the CRC and
Convention 182 of the ILO. According to international standards, all persons below 18
years of age are considered as children but in Pakistan, a large number of these
adolescents is being pushed into child labour due to the discrepancies in the law. The
clauses of the Employment of Children Act 1991 about ‘Hazardous Occupations and
Processes’ also have grey area, hence it requires some amendments accordingly. Although
scavenging is enlisted in hazardous occupations, no law is made to check this particular
kind of child labour in Pakistan.
ii. Effective Implementation of Laws

Despite the fact that there are laws in Pakistan regarding child labour, their
implementation and execution are questionable. Law enforcement agencies are unable to
catch and punish violators. A comprehensive and swift mechanism of implementation of
laws in Pakistan is not undertaken, which makes it a matter of great concern. Proper
implementation of laws can at least cover the working hours, registration of child
labourers, break during work, safety, health-care and setting a minimum age for children
for working. The Government should put in some serious efforts to improve and regulate
the current working conditions of the children involved in scavenging. For that matter, the
concerned officials should be held responsible for not implementing the child labour laws.
iii. Accessible, Effective and Speedy Judicial System

In Pakistan, the judicial system is quite weak and ineffective to adjudicate cases.
The proceedings of cases take a long time to settle which eventually benefits the accused.
For timely justice, there is a need to increase judges and to start evening courts. There are
districts in the Punjab like Rahim Yar Khan, Bahawalpur and Nankana Sahib, which are
under-staffed and only one magistrate is there in each district there to hear all cases,
including child labour. If the government is serious in tackling this problem, than it should
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make separate courts regarding child labour in all districts to ensure speedy and effective
disposal of the referred cases. Mostly, children of poor families are involved in labour and
therefore, they should be exempted from court fees which would encourage them to
approach the court for justice. Poor people generally do not approach courts because they
cannot afford court expenses which discourage them to pursue for justice. Due to these
reasons, very few cases of child labour are registered and referred to the courts.
The above stated recommendations are macro level measures to regulate child
labour. But as far as the involvement of children in scavenging is concerned, some micro
measures are also suggested to redress it.
iv. Establishment of Composting Plants

In many developed countries, composting plants are established to process solid-

waste material. France is one of those countries which is using garbage to make fertilizers,
gas and electricity. Pakistan is facing energy crisis and such plants can be used to plug
shortage of energy and make some useful things like fertilizers. The CDGL, with the help
of the private sector, has already begun a plant naming ‘Lahore Compost’ at Mahmud Boti
dumping site which is consuming 700 tons of waste material every day. It is using only
organic material of waste garbage to make compost. It is an environment-friendly product
and a useful natural fertilizer. As such, the children are not stopped from scavenging
garbage material from the dumping site, because most of the material they scavenge like
polythene bags, papers, glass, metal, wood-pieces and hospital waste is not used in the
compost plant. Actually, due to scavenging, the waste has been made more suitable for
processing at the compost plant.
There is a need to open as many plants as possible to consume the entire garbage
of Lahore. The three main dumping sites of Lahore require establishing of at least six
more plants to regulate scavenging through children. The plant owners should be asked by
the CDGL to open free schools near these dumping sites where child scavengers can also
study. The CDGL should give some financial compensation to the owners to take them on
board. Such measures will give a great benefit in term of education of child scavengers.
This condition should be made binding on the owners of compost units. Apart from free
education, every child who studies there should be given free books and stipend which
would be encouraging for him. In these schools, there should be four shifts in a day, and
each shift should be of two hours. These schools should facilitate child scavengers to spare
any two hours from their working routine and join the school. It is a useful measure to
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regulate scavenging through children in the primary stage. In this way, they could keep on
earning and also get education.
v. Three Bags System

An awareness campaign for people and particularly for females is required that
they should use three bags to dispose off their garbage. In Norway, Denmark countries,
Belgium and Australia, this system is in practice which streamlines the disposal of waste
at the primary sources. A ‘Red colour bag’ is used to keep dangerous and harmful things
like medical waste, pieces of glass, metal, etc. A ‘green colour bag’ carries organic waste
material, however ‘yellow coloured bag’ is used for polythene bags, paper and used
things. If this system is introduced in Pakistan, it will facilitate scavengers to collect the
bag of their choice from outside the houses or markets or dumping sites, instead of sorting
out useful material from mixed garbage, which is unhygienic and harmful. Through this
system, one can not only regularize scavenging, but also save the children from filth and
health hazards.
vi. Installation of Incinerators to Dispose off Hospital Waste

During the survey, the presence of hospital waste in garbage was noted. There
were some child scavengers who only collected hospital waste. On inquiry, it was reported
that some items of hospital waste were sold in the market for re-selling and recycling
purposes. It is also dangerous for patients who unknowingly use these already used
medical items. It is also extremely harmful for those who sort-out the hospital waste
because they can be infected while handling it.
Apart from the few big Government-run hospitals in the city, most of the private
hospitals do not have proper systems to dispose off medical waste. The medical clinics,
laboratories, research centers, blood banks, nursing institutions, drug manufactures,
rehabilitation centers and veterinary hospitals are also sources of hospital waste.
According to the report, the risk-waste comprises 10 to 25 percent of the total hospital
waste but it is very difficult to identify that riskfull waste. It could not be investigated in
the survey that how many children get infected while handling hospital waste. Such
material does not affect the child immediately but gradually. Investigation of such queries
requires another research with medical and laboratory equipment and medical experts. But
observation and experience say that many children would have been affected in handling
hospital waste. Therefore, it is the need of the time that the Government should ensure the
installation of incinerators at all sources of medical waste. An incinerator is basically a
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high temperature-burning chamber where the waste is burnt to kill all pathogens. Such
measures would not only minimize the risk for child scavengers, but also check recycling
of medical waste. The license for clinics, laboratories and private hospitals should be made
conditional with setting up incinerators. However, a monitoring policy is required to
regulate it in a professional manner.
vii. Mechanism to Cope with Calamity, Disaster and Armed Conflict

It is noted that calamities, natural disasters and armed conflicts also affect
children. Due to the death of parents, or separation from the parents, many children either
become part of the labour market, or get abducted. In poor countries like Pakistan which
do not have any proper mechanism to look-after stray children, the Government has to
design a system where, during and after a calamity, disaster, or armed conflict, children
must be protected and looked-after. It was noted that there were many children in the
scavenging profession who had migrated to Lahore from war-torn areas of Afghanistan. In
the case of loss of parents or separation from parents, the children should be kept in
orphan houses or shelter houses with proper facilities. This would protect them from
becoming child scavengers or involving in some immoral or illegal activities.
viii. Vaccination

Mostly, child scavengers remain in filthy environment and hygienic conditions.

Therefore, a system of vaccination to protect them from various viral and other diseases is
required. It should be initiated particularly in areas where scavenging is concentrated, i.e.,
the dumping sites of Lahore.
The above stated measures are suggested to regulate scavenging and minimize
problems of the subjected children. Keeping in view that many of the families depend on
the income of these children, it cannot be banned at once. This problem should be tackled
comprehensively and consistently. Otherwise, it could worsen the situation and backfire.
Apart from preventive and regulating measures, rehabilitating of children involved in the
scavenging profession is also important. The following measures are suggested to the
Government and other stakeholders for positive results.
c) Rehabilitating Measures

i. More Orphanages and Shelter Homes

The orphanages and shelter homes of the Government are insufficient and, are
located only in big cities. They can accommodate a limited number of the affected
 259
children. Therefore, more of such homes should be made to accommodate the home-less
children. For that matter, NGOs and philanthropists should also come forward to make
such homes in different parts of the country, because the Government alone cannot meet
such a social challenge.
Moreover, in these centers, vocational education should be provided to the children
for their mental and physical health and growth, and to make them productive individuals.
In the survey it was noted that their were some children in scavenging profession who did
not have their parents. So, they badly needed such shelters where they could live with
security and had some educational opportunities.
ii. Opening of Centers for Rehabilitation of Child Scavengers

In this program the child scavengers should be taken from garbage dumping sites
to the ‘Centers for Rehabilitation’. In these centers they should not only be given free
education, books and mid-day meals, but also training of a skill. These skills should be
market-oriented like repairing of auto vehicles or electronic gadgets. With these skills, the
child scavengers will not only earn money, but also have respect in the society. Moreover,
their parents should also be compensated for the loss of child’s earning. An identical
program has successfully managed to reduce child labour in Brazil. However, such centers
should not only be confined to child scavengers, but should also accommodate other kinds
of child labour. The philanthropists and NGOs should be involved to run such centers
because the Government alone cannot undertake such programs.

ii. Help Line for Children

There should be a permanent ‘help-line’ like 1122 on telephone to help the

children who need urgent accommodation or medical treatment, etc. It should also provide
help to those children who are under any threat of exploitation. The parents, guardians
social workers and associates can use this help line whenever a child faces any threat to
his life and security. It was noticed during the survey that the majority of children were
suffering from different health problems. There was a high probability of threat to their
lives because they did not have medical facilities.
iv. Refresher Courses for Staff of the Concerned Departments

The staff of the concerned departments of the government generally does not
display commitment and motivation for the elimination of scavenging through children.
Therefore, said staff should be facilitated with refresher courses to cultivate in them
 260
commitment and motivation for the cause. They should also be given incentives for good
performance.

v. Involvement of Local Community

Without involving the local community, it would be very difficult for the
government to uproot the problem of scavenging through children. Therefore, the local
community and stakeholders should also be involved to launch an effective campaign on a
long-term basis and for positive results.
Pakistan is one of those countries where this problem still has an upward trend.
This problem can be overcome if the government has the political will and adopts the
suggested three-pronged strategy. In this strategy the mentioned micro measures are very
useful to rehabilitate child labourers in a broader sense in the country. However, some of
the measures are specifically to tackle scavenging through children. Though these
measures would not alleviate scavenging through children immediately, they would help
to minimize difficulties of the children and make them useful citizens. As far as macro
policy is concerned, most of the preventive, regulating and rehabilitating measures require
authority and commitment of the government to tackle the problem. No doubt, social
support is important, but the role of the government is essential to root out problem of
scavenging through children. However, reluctance or adhoc policies of the Government
can push these children in a quagmire of problems permanently. Therefore, good
governance and thoughtful decisions are an imperative to detach the people from different
social and economic problems and give them a better life. So, it cannot be ruled out that
the better the performance and higher the efficiency of a government, the lesser would be
the problems of the people including scavenging through children.
 261

7.2 Model to Tackle Scavenging Through Children in Lahore

The present study was undertaken to grasp the problem of scavenging through
children in Lahore and suggests a ‘Model’ to tackle it keeping in view the ground realities
and the socio-economic conditions. For that matter, it is suggested to involve the
government institutions, elected representatives, civil society and other stakeholders and to
combine their efforts to take up the problem. In fact, without involving the local
community, such social problems are difficult to solve on a permanent basis. However,
serious commitment and involvement of the government are imperative to materialize and
make a successful model to tackle the problem of involvement of children in the
scavenging profession. It is pertinent to mention here that scavenging was already enlisted
as a hazardous profession in 2002 by Pakistan in accordance with Convention 182 of the
ILO. It is not out of place to disclose that Pakistan has already ratified Convention 182 and
is bound to fulfill its international commitments.

Objectives of the Project to Eradicate Scavenging Through Children

(PESTC)
The main objective of the Project is to eradicate the practice of scavenging through
children from Lahore within five to seven years. Though this problem cannot be solved in
a short span of time and with hasty measures but with a well-designed strategy and
rational approach, positive results can be achieved. Progressive measures and strict
implementation of laws would be counter productive because numerous poor families
totally or partly depend on the earning of their children by undertaking scavenging (see
Figure 5.5). It was noted during the survey that in case the earnings of the child scavengers
are ceased, the dependent families would a fall prey to starvation.

Phases of the Project

In the first phase, measures should be undertaken to regularize scavenging and to

rehabilitate children who are involved in this profession. In this regard, proper
implementation of the Employment of Children Act (ECA) -1991 should be undertaken. It
requires vigilance and efficiency of officials and inspectors of the Labour Department, the
Government of the Punjab. In the second phase, the suggested plan would be implemented
to eradicate scavenging through children from Lahore and to observe the Convention on
the Rights of the Child (CRC) and Convention 182 of the ILO.
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Formation of the PESTC

Keeping in view the socio-political system, it goes without saying that unless and
until the top level political decision maker, the Chief Minister of the Province, is not
involved, the project would not produce required results. The Chief Minister should
constitute a high powered nineteen-member ‘Task Force’ for the execution of the PESTC
in Lahore. The Government of Punjab would provide funds for this project.
The Task Force (TF) should work under the supervision of the City District Nazim
(Mayor) of Lahore. The Additional Chief Secretary (ACS) ex-officio Vice Chairman,
Secretary of Labour and Manpower Department, Secretary Education Department,
Secretary Social Welfare Department and Secretary Environment Protection Department
should be ex-officio members of the Task Force. The involvement of the ACS and
secretaries of the related Departments of the Punjab should give the Task Force the
required authority and support to implement and execute the plan. For political strength
and people support nine Nazims, one from each town, should also be included as members
of the Task Force. People from NGOs, education or medical profession would provide
useful input to alleviate scavenging through children. So, three non-official members, one
from an NGO, one from the medical or education profession, and one from a compost unit
respectively, should be included. The representative of the compost unit should be helpful
in hiring child scavengers to sort out the unwanted material from garbage to be used for
composting. As these children cannot be banned from scavenging because many families
entirely depend on their earning. District Coordination Officer of Lahore (DCO) should be
ex-officio Secretary of the Task Force, because he heads the official machinery of the
district. His inclusion would be very useful for coordination among different Departments
and representatives and for execution of the plan.

Sub-Committees of the PESTC

As there are nine towns in district Lahore, therefore, every town should have a
separate Sub-Committee of the TF to tackle the problem of scavenging through children in
their respective towns. This way, the PESTC would decentralize the work and delegate its
power to these sub-committees for better performance.
Functions of the Task Force

• The Chairperson would preside over the meetings of the Task Force.
 263
• The Secretary would record the minutes of the meetings and maintain the
record.
• Quarterly meetings to review the performance of sub committees would be
held.
• Quorum for meetings would be nine members.
• Nine members with a written request could requisite the meeting.
• Decision would be taken with consensus. However, in case of disagreement,
the opinion of the majority would prevail.

The prime responsibility of the TF would be to draw macro policy and take
decisions and enforce them to eradicate scavenging through children. The TF would
coordinate among different Departments and combine their efforts to facilitate the sub-
committees for the success of the project. In the programme, scavenging through children
would not be banned instantly because such action would backfire. There is already a
scarcity of schools and rehabilitation centers to accommodate children, therefore, a
gradual withdrawal will be appropriate. The TF would provide financial and
administrative support to the sub-committees to undertake micro measures to meet the
target of eradicating scavenging through children from their respective towns.

Responsibilities of the TF

• Formation of sub committee for each town of Lahore to fight out scavenging
through children.
• Disbursement of funds to each sub-committee of a town keeping in view
magnitude of child scavengers in the area.
• Approval of names of non-official members of the sub-committees sent by the
respective Chairpersons.
• Ensure monitoring and coordination among different Departments to facilitate
the sub committees.
• Submission of progress report to the Chief Minister regarding performance of
the Task Force every six months.
• Direct each sub-committee to conduct a census of child scavengers and
document their problems, occupational health and conditions of the profession.
 264
• Approval of plans suggested by the sub-committees to eradicate scavenging
through children in their respective towns.
• Initiating ‘second shift’ system in the government-run schools to accommodate
more children, preferably those who are involved in scavenging profession.
• Installation of a ‘Help line’ in the city to help the children in case of an
emergency.
• Giving time-bound tasks to any sub-committee regarding elimination of
scavenging through children from an area of the town.
• Involving and facilitating private sector to establish new compost units in the
city.
• Motivating the sub-committees from time to time about their performance and
goals in their respective areas.
• Making arrangements for free and compulsory primary education for children
in the city.
• Improving the condition of Government-run schools to make them attractive.
• Establishment of Centers to Rehabilitate Child Scavengers of Lahore with the
help of philanthropists and NGOs.
• Opening of more orphanages and shelter homes with the help of philanthropists
and NGOs to accommodate homeless children.
• Launching a consistent campaign by involving media to educate, motivate and
sensitize people to keep their family size small and to convince them to keep
their children away from scavenging.

Formation of Sub-Committees of the TF

• Each town of Lahore would have a sub-committee of the TF.

• Town Nazim would be the Chairperson of the Sub-Committee.
• Deputy District Coordination Officer (DDCO) would be ex-officio Secretary of
the Town Committee.
• The Sub-Committee would consist of fifteen members including the Chairman.
• One representative (not less than Deputy Secretary rank) from the Labour and
Manpower Department, Education Department, Social Welfare Department
and the Environment Protection Department respectively.
• One lady councilor of the Town
 265
• One labour councilor of the Town
• Seven non-official members from the Civil Society of the Town.

Nomination of Non-official Members

The Chairperson of the sub-committee would recommend to the Task Force the
names of non-official members who are reputed persons of the area, and have motivation
and commitment to the cause. They should be taken from different segments of society to
have variety of input. Educationists, doctors, lawyers, environmentalists, media-persons,
social workers and philanthropists should be preferred. In case any non-official member
dose not show commitment to the cause, the Chairperson would recommend his
replacement to the TF.
If any official member does not work efficiently and diligently, the Chairperson
can also send his/her report to the TF for appropriate action. One copy of the report would
also be sent directly to the Chief Minister for information.

Functions of the Sub-Committees

• The Chairperson would preside over the meetings.

• The Secretary would record the minutes of the meetings and maintain the
record.
• Have monthly meetings.
• Send performance report to the Task Force biannually.
• Quorum for meeting would be eight members.
• Eight members with a written request could requisite the meeting.
• Decision would be taken with consensus. However, in case of disagreement,
opinion of the majority would prevail.

Responsibilities of the Sub Committee

• Monitor implementation of laws regarding child scavengers in the town. The

inspectors of Labour Department would coordinate with the sub-committee.
• Monitor and improve the schools of the area and make them attractive and
well-equipped.
 266
• Start ‘two-hour’ shift schools near dumping sites for child scavengers with
cooperation of owners of the compost units.
• Conduct census of child scavengers and document their earning, education,
health conditions, family background and major problems.
• Develop liaison with stakeholders like officials of the CDGL, buyers of the
material, management of compost units and parents of the child scavengers.
• Popularize ‘three bags system’ for segregation of waste material in towns.
• Ensure vaccination of child scavengers to save them from different diseases.
• Monitor sources of hospital waste and ensure installation of incinerations in
these sources.
• Monitor Factories and Industrial units which throw harmful waste and ensure
its proper disposal.

Preventive Measures
The Task Force would recommend to the legislature through the CM to amend the
laws and make them more practicable and rational. The TF would direct the sub
committees to monitor sources of hospital waste and direct them to ensure proper disposal
of harmful material. The proper disposal of hospital waste would save the child scavengers
from various diseases. Those factories and industrial units which throw dangerous and
harmful waste material at dumping sites should be directed to take measures for proper
disposal. In case of non compliance, they should be fined.
The involvement of the local people from different walks of life and stakeholders
would be very useful, because it would create public awareness concerning against the
problem of scavenging through children. They should go in the field and put pressure on
parents to refrain from sending their children for scavenging.
The Government run-schools should be converted into two-shift schools. With
improved standards and facilities, they would be instrumental in checking illiteracy and
drop-outs ratio in the city. In the findings of the survey, it was noted that illiteracy and
scavenging through children exhibited a cause and effect relation. So, to check this
practice, schooling of children in an ideal remedy.
The TF should popularize, with the help of media, the idea of keeping a small
family size. The involvement of reputed leaders and celebrities in the campaign would be
very useful to educate and motivate people in this regard. In the findings of the survey, it
 267
was evident that the majority of child scavengers belonged to large families and from the
lower strata of the society. This combination of both poverty and large family size
stimulates child labour. Migration from Afghanistan, Khyber Pakhtunkhwa and FATA to
Lahore is another important factor contributing to scavenging. According to the survey, an
overwhelming majority of child scavengers were immigrants. Therefore, the Task Force
should check the unchecked flow of immigrants to Lahore. The sub-committee of every
town should document and monitor the immigrants living in Lahore. Furthermore, they
should impose a vigilant check on unlawful migration of Afghan immigrants to the city.
The members of the town committees should inspect, from time to time, the
dumping sites in their areas. They should sensitize the parents of child scavengers and
other stakeholders about the hazards of the scavenging profession. They should also be
made aware about rights of these children. It should go without saying that the non-official
members of the Committee should have a greater responsibility for the awareness and
motivation of common people. Awareness among people about children rights can put
pressure on the parents to check scavenging through children.

Regulating Measures
The three-bag system for the disposal of different material would be very useful to
save child scavengers from harmful material. The encouragement of the private sector for
establishing compost units near main dumping sites would not only generate economic
activities in the city, but also reduce pollution. Such units produce fertilizers with organic
items which is not only environment-friendly, but competitive as far as its cost is
concerned. In developed countries like France and England, these units are also used for
producing gas and electricity. Therefore, these units should be encouraged to bridge the
energy gap in Pakistan. Soft loaning from banks is essential to encourage cottage industry,
small units or poultry farming. It will not only generate economic activities in the city but
reduce unemployment and poverty.
The Task Force, through its town committees, would collect the data regarding the
number of children, their working hours, their earning and working conditions in the
scavenging profession. It would be useful to know and document the intensity of this
problem. The registration of child scavengers would be the first step towards observing the
laws regarding child labour. The regulation of laws at least would reduce the miseries and
exploitations of the child scavengers in the city.
 268
Keeping in view the conditions of scavenging through children, the TF would also
recommend the establishment of child labour courts in each town of Lahore for the timely
disposal of cases. Special powers of a magistrate should be given to the members of the
TF and members of the Sub-Committees to take action against the violators of the child
labour laws.

Rehabilitating Measures
The TF should instigate and encourage philanthropists and civil society to establish
centres for the rehabilitation of the child scavengers, because the Government alone, with
limited resource, cannot meet the challenge. People’s participation and motivation is
imperative in fighting this practice. For that matter, a consistent and comprehensive
campaign in the media is required to sensitize the people about the menace and its
associated exploitation, and to motivate them to play their role. With the help of
philanthropists and NGOs, such rehabilitation centres should be opened. The Government
should formulate a mechanism to acknowledge and honour such people. In these centres,
besides education, some skills should also be imparted to child scavengers. Apart from
mid-day meal, they should be given some stipend to compensate for the loss of their
earnings. Then, their parents will not be constrained to send their children to work.
A system of vaccination of child scavengers should also be introduced to protect
them from different diseases because they labour in filthy conditions and interact with
dangerous material, and are likely to fall prey to different diseases.
However, such proposals and recommendations can only be materialized if the
Government implements and executes them in true spirit. The success of the PESTC
depends on the political, administrative and financial support of the Government. There is
no secret that in our bureaucratic system, the officers spend more time in file-works and
meetings and shy away from real problems of the people. They are unable to feel the
severity and sensitivity of the various problems. The IC is quite willing to help the
Government for the elimination of child labour, but no concrete efforts from the
Government have been seen in this regard. Instead of taking some concrete measures to
uproot child labour, the Government Departments only arrange workshops, seminars and
conferences to register their performance. Many action plans and policies were announced
and launched in past but they could not achieve required results. It is a matter of concern
for all stakeholder that scavenging through children, which is one of the most hazardous
 269
kinds of child labour, has yet to receive any plan or policy from the Government for its
redress and eradication from Pakistan.
The ILO, UNICEF and UNESCO and other international organizations are willing
to fund projects to alleviate all hazardous kinds of child labour. If the Government shows
seriousness to fight out scavenging through children, these international organization
would be willing to fund it. So, the Government can use its diplomatic channels to obtain
funding from international organizations and agencies. It would not only reduce
scavenging through children, but also give respect to Pakistan in the comity of nations by
honouring its commitments regarding eradication of child labour. The International
Community has already pointed out Pakistan for not honoring its commitments to address
the problem of child labour.
The phenomenon of child labour has webbed our entire society. Scavenging
through children is a profession where the children are confronted with unhygienic,
degrading and inhuman conditions. The findings of the survey reveal that it has remained
unattended by the Government as well as NGOs. The Government has yet to put
meaningful efforts to make this population of children useful and productive citizens.
Without initiative of the Government and support from the people, child scavengers would
remain unproductive individuals and a liability on the society and would never have a
good future.
The Model has been designed to combine Government resources and participation
of civil society to achieve positive results. Needless to say, success of the project depends
on the commitment of the Government to the cause. The Government has to give priority
to redress the problem of involvement of children in scavenging and lineup its resources
for the success of the project. Even the best and well designed models or projects cannot
obtain required results, if they do not have at their back a strong ‘political will’.
The PESTC project could also be applied in other cities to uproot scavenging
through children. Furthermore, the same model can be used with some modifications to
tackle other kinds of child labour in the country. The socio-economic problems like
scavenging through children, which apparently do not seem threatening, have some
serious repercussions for the society in the long run. The Government and people should
realize the urgency of the problem and should respond positively. It would be too late
otherwise, if it is not already.
 270

335
The end of child labour, xi.
336
SPARC, The State of Pakistan’s Children 2000, (Islamabad: SPARC, 2001), 35.
337
Jillani, Child Labour, xiii.
338
Karl Marx and Frederick Angels, Selected Works (Moscow, Foreign Languages
Publishing House, 1949), 33.
 270

Appendices
 271
APPENDIX A1
INTERVIEW SHCEDULE

Serial No. _________

Interview Schedule for Political Science Department

Child Scavengers of GC University, Lahore.
Urban Areas of Lahore.

Researcher: Khalid Manzoor Butt Dated: _________________

Supervisor: Dr. Farhat Mahmud Time: _________________
Place: _________________

Personal Particulars

1. Name: ________________________________________________
2. Age: _____________________
3. Sex: (i) Male (ii) Female
4. Address: ______________________________________________
5. Have your name been registered in National Database and Registration
Authority (NADRA)? (i) Yes (ii) No
6. At what age you started this work:
(i) 4-6 (ii) 7-9 (iii) 10-12 (iv) 13-15 (v) 16-18

7. Which area you belong to? (i) Urban (ii) Rural

8. Which province or territory of Pakistan you belong to? ____________
9. (In case respondent is not Pakistani national) Have your name been registered
as refugee? (i) Yes (ii) No
10. (In case the respondent is not a citizen of Pakistan). Country belongs to?

__________________

11. Do you get the same treatment as other Pakistani children get?
(i) Yes (ii) No
12. Do people give you respect? (i) Yes (ii) No

13. Do you want to go back to your native place? (i) Yes (ii) No
 272
APPENDIX A2

14. What were you doing before joining this work?

(i) Studying in school (ii)
Doing any other Work

(iii) Nothing (iv)

15. Are you involved in this work with?

(i) Compulsion (ii) Own will

16. The biggest cause which has compelled you to do this work.
(i) Education not affordable (ii) Lack of interest in studies

(iii) School not available (iv) Need of money

(v)

17. What was your aim in life? _______________________

Family Particulars

18. Is your father alive? (i) Yes (ii) No

19. How is/was health condition of your father?
(i) Fit (ii) Sick (iii) Disable (iv) Drug Addict

20. Is your father in the same profession as yours? (i) Yes (ii) No

21. Does any other member of your family in the same profession as yours?
(i) Yes (ii) No
22. (In case answer is ‘Yes’ on earlier question). What is his/her relationship with
you? __________________
23. (In case answer is ‘Yes’ on question 21). How many other members of your
family are involved in this profession?
(i) 2-4 (ii) 5-7 (iii) 8-10

24. Is your mother alive? (i) Yes (ii) No

25. What is marital position of your parents?
(i) (ii) Living separately
Living together
(iii) One of the parents died (iv) Father got another wife
 273
APPENDIX A3

26. What is the size of your family (including the respondent)?

(i) 3-5 (ii) 6-8 (iii) 9-11 (iv) 12-14 (iv) 15-17

27. What is your position among the siblings (from the eldest to the youngest)?
_________________
28. How many meals you usually take at home?
(i) One (ii) Two (iii) Three (iv) None

Educational Particulars

29. Are you literate? (i) Yes (ii) No

30. Were you ever admitted to any School/Madrasa? (i) Yes (ii) No
31. (In case answer is ‘Yes’ on earlier question) Are you a dropout from school?
(i) Yes (ii) No
32. (In case answer is ‘Yes’ on earlier question) You left the school before
completing class.
(i) 1 (ii) 3 (iii) 5 (iv) 7 (v) 9 (vi) _______

33. Do you think education is beneficial?

(i) Yes (ii) No (iii) Not Clear
34. Did you want to get education?
(i) Yes (ii) No (iii) Not Clear
35. If given a chance. Are you ready to get education again?

(i) Yes (ii) No (iii) Not Clear

36. (In case answer is ‘Yes’ on earlier question) If you start getting education.
Would you be in a position to?
(i) Leave this work (ii) Continue this work with education
37. Is your father literate? (i) Yes (ii) No

38. (In case father is literate) what is the level of his education?
(i) Primary (ii) Middle (iii) Matric and above
 274
APPENDIX A4

39. Is your mother literate? (i) Yes (ii) No

40. (In case mother is literate) what is level of her education?
(i) Primary (ii) Middle (iii) Matric and above

Economic Particulars

41. Does your father do any work for earning money?

(i) Yes (ii) No
42. (In case answer is ‘Yes’ on earlier question) What is nature of your father’s
work?
(i) Job (ii) Self employed (iii) Daily wages (iv) ________

43. Does your father bear expenditure of family?

(i) Entirely (ii) Partly (iii) No

44. Your father’s monthly approximate earning (in Pak. rupees).

(i) 0001-1500 (ii) 1501-3000 (iii) 3001-4500

(iv) 4501-6000 (v) 6001-7500 (vi) ______________

45. Does your mother do any work for earning? (i) Yes (ii) No
46. (In case answer is ‘Yes’ on earlier question). What is nature of her work?
(i) Job (ii) Self employed (iii) Daily wages (iv) _______

47. Your mother’s monthly approximate earning (in Pak. rupees).

(i) 0001-1500 (ii) 1501-3000 (iii) 3001-4500

(iv) 4501-6000 (v) 6001-7500 (vi) ______________

48. The respondent’s approximate monthly earning (in Pak. rupees).

(i) 0001-1500 (ii) 1501-3000 (iii) 3001-4500

(iv) 4501-6000 (v) 6001-7500 (vi) ______________

49. Do you get less remuneration of you work than adult gets?
(i) Yes (ii) No
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APPENDIX A5

50. Your family depends on your earning.

(i) Entirely (ii) Partly (iii) No

51. To whom do you give your earning?

(i) Father (ii) Mother (iii) Guardian (iv) None

(v)

52. How much portion approximately of your income is being spent on you?
(i) ¼ (ii) ½ (iii) ¾ (iv) Complete (v) Nothing

Professional Health & Conditions

53. Are you satisfied with this work?

(i) Yes (ii) No (iii) Not Clear
54. Do you want to leave this work and do any better work?
(i) Yes (ii) No (iii) Not Clear
55. How many hours in one day you work?
(i) 1-4 (ii) 5-8 (iii) 9-12 (iv) 13-16

56. At what time you get up? __________Hours

57. At what time you start your work? __________Hours
58. Do you work after sunset?
(i) Regularly (ii) Often (iii) Occasionally (iv) Never
59. At what time you end working? __________Hours
60. At what time you sleep? __________Hours
61. Hours you sleep in a day? (i) 3-5 (ii) 6-8 (iii) 9-11
62. Do you have a sound sleep? (i) Yes (ii) No (iii) Partly
63. Do you get time for play?
(i) Regularly (ii) Often (iii) Occasionally (iv) Never

64. Do you have weekly holiday? (i) Yes (ii) No

65. Do you usually work?
(i) Under shade (ii) No shade (iii) Mixed
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APPENDIX A6

66. Do you get injuries during work?

(i) Regularly (ii) Often (iii) Occasionally (iv) Never
67. Who treat your injuries or sickness?
(i) Doctor (ii) Hakeem (iii) Self (iv) Associates

(v) Parents (vi) No body (v)

68. Point out injuries you suffer during the work.

(i) Cut (ii) Fall (iii) Road accident

(iv) Dog / Snake bites (v) Violence (vi)

69. How many injuries usually you may have in a week? ____________

70. Are you abused during work? (i) Yes (ii) No

71. (In case answer is ‘Yes’ on earlier question) What is nature of abuse?
(i) Verbal (ii) Physical (iii) Both (iv) Sexual
72. (If answer is ‘Yes’ on earlier question) Point out, you are generally abused by.
(i) Parents (ii) Family members (iii) Employer

(iv) Associates (v) Contractor (vi)

73. Are you harassed during work? (i) Yes (ii) No

74. (In case answer is ‘Yes’ on earlier question) what is nature of harassment?
(i) Verbal (ii) Physical (iii) Both (iv) Sexual
75. (If answer ‘Yes’ on earlier question) Point out, you are generally harassed by.
(i) Parents (ii) Family members (iii) Employer

(iv) Associates (v) Contractor (vi)

76. Point out types of material you collect.
(i) Fruit & Vegetable (ii) Hospital waste (iii) Paper & board

(iv) Plastic (v) Glass (vi) Bones (vii) Metals

(viii) Leather (ix) Rags (x)

 277
APPENDIX A7

77. In this profession, you are working as:

(i) Collector (ii) Supplier (iii) Picker

(iv) Sorter (v) Self employer (vi)

78. Do you work on

(i) Foot (ii) Bicycle (iii) Cart (iv)
79. What is the load you normally carry? __________ Kilograms
80. Have government officials ever approached you? (i) Yes (ii) No
81. (In case answer is ‘Yes’ on earlier question) They have approach you for the
purpose of:
(i) Counting (ii) Inquiry (iii) Helping you
(iv) Your Rehabilitation
82. Have people from NGOs ever approach you. (i) Yes (ii) No
83. (In case answer is ‘Yes’ on earlier question) They have approach you for the
purpose of:
(i) Counting (ii) Inquiry (iii) Helping you
(iv) Your Rehabilitation
84. Did you beg before joining this work?

(i) Regular (ii) Often (iii) Occasional

(iv) Never

Household Wealth Ranking

Household wealth ranking is assessed by using household possessions of consumer

durables as proxies. The questionnaire includes questions on whether respondents
household possessed bicycle, motorcycle, car, watch/clock, radio, TV, fridge, freezer,
livestock, fan, mobile phone.

Very poor: None

Poor: Bicycle, Fan, Watch, Radio
Middle: Motorcycle, TV, Live stock, mobile phone
Well to do:Fridge, Freezer, Car etc.
 278
APPENDIX A8

85. What kind of house you live in?

(i) Jhompari (temporary or make shift hut)
(ii) Solid place (brick house)

86. You are staying with:

(i) Parents (ii) Relatives (iii) Associates

(iv) Whom to work for (v) Make shift arrangements (vi) None

87. (In case living with other than parents/relatives) How many other persons
share this residence with you?

(i) 1-5 (ii) 6-10 (iii) 11-15 (iv) 16-20

88. How many rooms they share?

(i) One (ii) Two (iii) Three (iv)

89. Do other inmates also do the similar work. (i) Yes (ii) No
90. Do you give rent of your dwelling? (i) Yes (ii) No
91. Is latrine available in the house? (i) Yes (ii) No

92. How frequently you take bath:

(i) Daily (ii) Alternate day (iii) Twice a week

(iv) Once a week (v) Once fortnightly (vi) Once a month

93. Do you take bath at:

(i) House (ii) Public taps (iii) Hamam (iv) Canal

(v)

94. How frequently you wash your hands and face:

(i) Daily (ii) Alternate day (iii) Twice a week

(iv) Once a week (v) Once fortnightly (vi) Once a month

95. Do you use soap for washing hands and face? (i) Yes (ii) No
 279
APPENDIX A9

96. Do you eat leftover food in the garbage? (i) Yes (ii) No
97. How frequently do you change your cloth?
(i) Daily (ii) Alternate day (iii) Twice a week

(iv) Once a week (v) Once fortnightly (vi) Once a month

98. Do you eat meat:

(i) Daily (ii) Alternate day (iii) Twice a week

(iv) Once a week (v) Once fortnightly (vi) Once a month

99. Do you take milk:

(i) Daily (ii) Alternate day (iii) Twice a week

(iv) Once a week (v) Once fortnightly (vi) Once a month

100. What recreational facilities do you have?

(i) Radio (ii) TV (iii) Tap recorder

(iv) Cinema (v) Video (vi)

101. Do you smoke? (i) Yes (ii) No

102. Do you have any other addiction? (i) Yes (ii) No

103. (In case answer is ‘Yes’ on earlier question) what kind of that addiction?
(i) Hash (ii) Pan (iii) Gutca (iv) Naswar (v) Alcohal

(vi) Bhang (vii) Injection (viii) Heroin (ix)

104. Do you suffer frequently from:

(i) Headache (ii) Fever (iii) Cold

(iv) Cough (v) Diarrhea (vi) Stomach upset

(vii) Fatigue
 280
APPENDIX A10

Apparent Skin Deformities Noted

105. Cut / Bruise (i) Yes (ii) No

106. Burns (i) Yes (ii) No

107. Boils (i) Yes (ii) No

108. Scabies (i) Yes (ii) No

109. Allergic dermatitis (i) Yes (ii) No

110. Unclean (i) Yes (ii) No

General Appearance

111. Teeth (i) Clean (ii) Unclean

112. Nails (i) Clipped (ii) Unclipped

113. Hair (i) Combed (ii) Unkempt

114. Cloth (i) Clean (ii) Unclean (iii) Dirty

 281
APPENDIX B1
VARIABLE NOS FOR QUESTIONS OF THE SHCDULE

Variable Schedule Variable Schedule Variable Schedule

Question Nos Question Nos Question Nos
X1 2 X37 39 X73 79
X2 3 X38 40 X74 80
X3 5 X39 41 X75 81
X4 6 X40 42 X76 82
X5 7 X41 43 X77 83
X6 8 X42 44 X78 84
X7 9 X43 45 X79 85
X8 10 X44 46 X80 86
X9 11 X45 47 X81 87
X10 12 X46 48 X82 88
X11 13 X47 49 X83 89
X12 14 X48 50 X84 90
X13 15 X49 51 X85 91
X14 16 X50 52 X86 92
X15 17 X51 53 X87 93
X16 18 X52 54 X88 94
X17 19 X53 55 X89 95
X18 20 X54 58 X90 96
X19 21 X55 61 X91 97
X20 22 X56 62 X92 98
X21 23 X57 63 X93 99
X22 24 X58 64 X94 100
X23 25 X59 65 X95 101
X24 26 X60 66 X96 102
X25 27 X61 67 X97 103
X26 28 X62 68 X98 104
X27 29 X63 69 X99 105
X28 30 X64 70 X100 106
X29 31 X65 71 X101 107
X30 32 X66 72 X102 108
X31 33 X67 73 X103 109
X32 34 X68 74 X104 110
X33 35 X69 75 X105 111
X34 36 X70 76 X106 112
X35 37 X71 77 X107 113
X36 38 X72 78 X108 114
 282
APPENDIX C1
FREQUENCY TABLES OF THE SURVEY FINDINGS (REMAINING)

Registered as refugee

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 57 28.5 28.5 28.5
No 143 71.5 71.5 100.0
Total 200 100.0 100.0

Do you get same treatment as other Pakistani children get

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 106 53.0 53.0 53.0
No 94 47.0 47.0 100.0
Total 200 100.0 100.0

Do people give you respect?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 105 52.5 52.5 52.5
No 95 47.5 47.5 100.0
Total 200 100.0 100.0

Do you want to go back to your native place?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 84 42.0 42.0 42.0
No 116 58.0 58.0 100.0
Total 200 100.0 100.0
 283
APPENDIX C2

your aim in life

Cumulative
Frequency Percent Valid Percent Percent
Valid A Good Human Being 6 3.0 3.0 3.0
Big Personality 1 .5 .5 3.5
Conductor 1 .5 .5 4.0
Continue This Work 4 2.0 2.0 6.0
Crickter 4 2.0 2.0 8.0
Doctor 7 3.5 3.5 11.5
Earn Money 18 9.0 9.0 20.5
Farmer 2 1.0 1.0 21.5
Fight against USA 1 .5 .5 22.0
Get Married 1 .5 .5 22.5
Go to London 1 .5 .5 23.0
Hawker 1 .5 .5 23.5
Not Clear 121 60.5 60.5 84.0
Police Officer 1 .5 .5 84.5
Rikshaw Driver 1 .5 .5 85.0
Shopkeeper 5 2.5 2.5 87.5
Soldier 2 1.0 1.0 88.5
Sumaglar 1 .5 .5 89.0
Teacher 8 4.0 4.0 93.0
Want to Study 14 7.0 7.0 100.0
Total 200 100.0 100.0

if answer is yes on ealier question what is the relationship with you

Cumulative
Frequency Percent Valid Percent Percent
Valid All Family Members 8 4.0 4.0 4.0
Brother 83 41.5 41.5 45.5
Brother & Father 3 1.5 1.5 47.0
Brother & Mother 3 1.5 1.5 48.5
Brother & Sister 8 4.0 4.0 52.5
Father 3 1.5 1.5 54.0
Mother 3 1.5 1.5 55.5
NA 83 41.5 41.5 97.0
Parents 2 1.0 1.0 98.0
Sister 3 1.5 1.5 99.5
Uncle 1 .5 .5 100.0
Total 200 100.0 100.0
 284
APPENDIX C3

What is marital position of your parents?

Cumulative
Frequency Percent Valid Percent Percent
Valid Living together 132 66.0 66.0 66.0
Living separately 4 2.0 2.0 68.0
One of the parents died 50 25.0 25.0 93.0
Father got another wife 1 .5 .5 93.5
NA 13 6.5 6.5 100.0
Total 200 100.0 100.0

What is your position among the siblings? (eldest to youngest)

Cumulative
Frequency Percent Valid Percent Percent
Valid 1st 55 27.5 27.5 27.5
2nd 40 20.0 20.0 47.5
3rd 42 21.0 21.0 68.5
4th 27 13.5 13.5 82.0
5th 7 3.5 3.5 85.5
6th 7 3.5 3.5 89.0
9th 2 1.0 1.0 90.0
Youngest 20 10.0 10.0 100.0
Total 200 100.0 100.0

How many meals you usually take at home?

Cumulative
Frequency Percent Valid Percent Percent
Valid One 8 4.0 4.0 4.0
Two 94 47.0 47.0 51.0
Three 92 46.0 46.0 97.0
None 6 3.0 3.0 100.0
Total 200 100.0 100.0

Were you ever admitted to any school/Madrassa?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 69 34.5 34.5 34.5
No 131 65.5 65.5 100.0
Total 200 100.0 100.0
 285
APPENDIX C4

Do you think education is beneficial?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 152 76.0 76.0 76.0
No 19 9.5 9.5 85.5
Not clear 29 14.5 14.5 100.0
Total 200 100.0 100.0

What is nature of your mother's work?

Cumulative
Frequency Percent Valid Percent Percent
Valid Job 3 1.5 1.5 1.5
Self employed 16 8.0 8.0 9.5
Daily wages 17 8.5 8.5 18.0
NA 164 82.0 82.0 100.0
Total 200 100.0 100.0

Does you get less remuneration of your work than adult gets?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 80 40.0 40.0 40.0
No 120 60.0 60.0 100.0
Total 200 100.0 100.0

At what time you get up?

Cumulative
Frequency Percent Valid Percent Percent
Valid 04:00 Hours 5 2.5 2.5 2.5
05:00 Hours 35 17.5 17.5 20.0
06:00 Hours 81 40.5 40.5 60.5
07:00 Hours 37 18.5 18.5 79.0
08:00 Hours 32 16.0 16.0 95.0
09:00 Hours 10 5.0 5.0 100.0
Total 200 100.0 100.0
 286
APPENDIX C5

At what time you start your work?

Cumulative
Frequency Percent Valid Percent Percent
Valid 05:00 Hours 3 1.5 1.5 1.5
05:30 Hours 5 2.5 2.5 4.0
06:00 Hours 24 12.0 12.0 16.0
06:15 Hours 1 .5 .5 16.5
06:30 Hours 4 2.0 2.0 18.5
07:00 Hours 29 14.5 14.5 33.0
07:30 Hours 3 1.5 1.5 34.5
08:00 Hours 46 23.0 23.0 57.5
08:30 Hours 9 4.5 4.5 62.0
09:00 Hours 52 26.0 26.0 88.0
09:30 Hours 1 .5 .5 88.5
10:00 Hours 19 9.5 9.5 98.0
11:00 Hours 1 .5 .5 98.5
12:00 Hours 1 .5 .5 99.0
13:00 Hours 1 .5 .5 99.5
14:00 Hours 1 .5 .5 100.0
Total 200 100.0 100.0

Do you work after sunset?

Cumulative
Frequency Percent Valid Percent Percent
Valid Regularly 9 4.5 4.5 4.5
Often 16 8.0 8.0 12.5
Occasionally 19 9.5 9.5 22.0
Never 156 78.0 78.0 100.0
Total 200 100.0 100.0
 287
APPENDIX C6

At what time you end working

Cumulative
Frequency Percent Valid Percent Percent
Valid 10:00 Hours 1 .5 .5 .5
11:00 Hours 1 .5 .5 1.0
12:00 Hours 9 4.5 4.5 5.5
13:00 Hours 6 3.0 3.0 8.5
14:00 Hours 8 4.0 4.0 12.5
15:00 Hours 11 5.5 5.5 18.0
16:00 Hours 45 22.5 22.5 40.5
16:30 Hours 1 .5 .5 41.0
17:00 Hours 35 17.5 17.5 58.5
18:00 Hours 38 19.0 19.0 77.5
18:30 Hours 1 .5 .5 78.0
19:00 Hours 22 11.0 11.0 89.0
19:30 Hours 1 .5 .5 89.5
20:00 Hours 16 8.0 8.0 97.5
21:00 Hours 1 .5 .5 98.0
22:00 Hours 3 1.5 1.5 99.5
23:00 Hours 1 .5 .5 100.0
Total 200 100.0 100.0

At what time you sleep?

Cumulative
Frequency Percent Valid Percent Percent
Valid 01:00 Hours 1 .5 .5 .5
19:00 Hours 3 1.5 1.5 2.0
20:00 Hours 15 7.5 7.5 9.5
21:00 Hours 35 17.5 17.5 27.0
21:30 Hours 1 .5 .5 27.5
22:00 Hours 95 47.5 47.5 75.0
22:30 Hours 3 1.5 1.5 76.5
23:00 Hours 43 21.5 21.5 98.0
24:00 Hours 4 2.0 2.0 100.0
Total 200 100.0 100.0

How many Hours you sleep in a day?

Cumulative
Frequency Percent Valid Percent Percent
Valid 3-5 12 6.0 6.0 6.0
6-8 141 70.5 70.5 76.5
9-11 47 23.5 23.5 100.0
Total 200 100.0 100.0
 288
APPENDIX C7

Do you have a sound sleep?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 176 88.0 88.0 88.0
No 14 7.0 7.0 95.0
Partly 10 5.0 5.0 100.0
Total 200 100.0 100.0

Do you have weekly holiday?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 180 90.0 90.0 90.0
No 20 10.0 10.0 100.0
Total 200 100.0 100.0

Who treat your injuries or sickness?

Cumulative
Frequency Percent Valid Percent Percent
Valid Doctor 89 44.5 44.5 44.5
Hakeem 4 2.0 2.0 46.5
Self 78 39.0 39.0 85.5
Associates 2 1.0 1.0 86.5
Parents 12 6.0 6.0 92.5
No Body 15 7.5 7.5 100.0
Total 200 100.0 100.0

What is nature of abuse?

Cumulative
Frequency Percent Valid Percent Percent
Valid Verbal 22 11.0 11.0 11.0
Physical 1 .5 .5 11.5
Both 13 6.5 6.5 18.0
Sexual 2 1.0 1.0 19.0
NA 162 81.0 81.0 100.0
Total 200 100.0 100.0
 289
APPENDIX C8

Point out you are generally abused by

Cumulative
Frequency Percent Valid Percent Percent
Valid Parents 5 2.5 2.5 2.5
Family members 5 2.5 2.5 5.0
Employers 6 3.0 3.0 8.0
Associates 6 3.0 3.0 11.0
Contractor 2 1.0 1.0 12.0
NA 162 81.0 81.0 93.0
Common People 12 6.0 6.0 99.0
Associates, Contractor 1 .5 .5 99.5
Every One 1 .5 .5 100.0
Total 200 100.0 100.0

Are you harassed during work?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 18 9.0 9.0 9.0
No 182 91.0 91.0 100.0
Total 200 100.0 100.0

What is nature of harassment?

Cumulative
Frequency Percent Valid Percent Percent
Valid Verbal 6 3.0 3.0 3.0
Physical 3 1.5 1.5 4.5
Both 7 3.5 3.5 8.0
Sexual 2 1.0 1.0 9.0
NA 182 91.0 91.0 100.0
Total 200 100.0 100.0

Point out you are generally harassed by

Cumulative
Frequency Percent Valid Percent Percent
Valid Parents 3 1.5 1.5 1.5
Family members 3 1.5 1.5 3.0
Employers 2 1.0 1.0 4.0
Associates 6 3.0 3.0 7.0
Contractor 2 1.0 1.0 8.0
NA 182 91.0 91.0 99.0
Common People 2 1.0 1.0 100.0
Total 200 100.0 100.0
 290
APPENDIX C9

Did you beg before joining this work?

Cumulative
Frequency Percent Valid Percent Percent
Valid Regularly 5 2.5 2.5 2.5
Often 5 2.5 2.5 5.0
Occasionally 9 4.5 4.5 9.5
Never 181 90.5 90.5 100.0
Total 200 100.0 100.0

How many other person share this residence with you?

Cumulative
Frequency Percent Valid Percent Percent
Valid 1-5 17 8.5 8.5 8.5
6-10 34 17.0 17.0 25.5
11-15 8 4.0 4.0 29.5
16-20 1 .5 .5 30.0
NA 140 70.0 70.0 100.0
Total 200 100.0 100.0

How many rooms they share?

Cumulative
Frequency Percent Valid Percent Percent
Valid One 76 38.0 38.0 38.0
Two 20 10.0 10.0 48.0
Three 7 3.5 3.5 51.5
NA 96 48.0 48.0 99.5
Four 1 .5 .5 100.0
Total 200 100.0 100.0

Do other intimates also do the similar work?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 84 42.0 42.0 42.0
No 49 24.5 24.5 66.5
NA 67 33.5 33.5 100.0
Total 200 100.0 100.0
 291
APPENDIX C10

How frequently you wash your hands and face?

Cumulative
Frequency Percent Valid Percent Percent
Valid Daily 192 96.0 96.0 96.0
Alternate day 8 4.0 4.0 100.0
Total 200 100.0 100.0

Do you use soap for washing hands and face?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 167 83.5 83.5 83.5
No 33 16.5 16.5 100.0
Total 200 100.0 100.0

What recreational facilities do you have?

Cumulative
Frequency Percent Valid Percent Percent
Valid Radio 36 18.0 18.0 18.0
TV 80 40.0 40.0 58.0
Tap recorder 4 2.0 2.0 60.0
Cinema 3 1.5 1.5 61.5
Nothing 56 28.0 28.0 89.5
TV, Tap recorder 1 .5 .5 90.0
TV, Video, Computer 1 .5 .5 90.5
TV, Video 1 .5 .5 91.0
Radio, TV 8 4.0 4.0 95.0
Radio, TV, Tap recorder 6 3.0 3.0 98.0
Radio, Tap recorder 2 1.0 1.0 99.0
Radio, TV, Tap
2 1.0 1.0 100.0
recorder, Video
Total 200 100.0 100.0

Do you have any other addiction?

Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 45 22.5 22.5 22.5
No 155 77.5 77.5 100.0
Total 200 100.0 100.0
 292
APPENDIX C11

What kind of that addiction?

Cumulative
Frequency Percent Valid Percent Percent
Valid Pan 1 .5 .5 .5
Gutca 6 3.0 3.0 3.5
Naswar 28 14.0 14.0 17.5
NA 155 77.5 77.5 95.0
Naswar, Bhang 1 .5 .5 95.5
Samad Bond 1 .5 .5 96.0
Gutca, Naswar 3 1.5 1.5 97.5
Hash, Pan, Gutca,
1 .5 .5 98.0
Naswar, Bhang
Pan, Gutca 1 .5 .5 98.5
Pan, Gutca,
1 .5 .5 99.0
Naswar, Bhang
Pan, Naswar 1 .5 .5 99.5
Pan, Gutca, Naswar 1 .5 .5 100.0
Total 200 100.0 100.0
 293
APPENDIX D1
INITIAL COMMUNALITIES

Communalities indicate the amount of variance in each variable that is accounted for.
Small values (red) indicate variables that do not fit well with the factor solution, and
should possibly be dropped from the analysis.

COMMUNALITIES
Initial Extraction
age 1.000 .687
age when started work 1.000 .634
area 1.000 .650
doing before joining this work 1.000 .686

biggest cause compelled you do this work 1.000 .621

how many other member of your family

1.000 .726
involved in this profession

size of family including the respondent 1.000 .589

are you literate 1.000 .789
Were you ever admitted to any
1.000 .803
school/Madrassa
if given a chance. are you ready to get
1.000 .597
education
is your father literate. 1.000 .839
is your mother literate 1.000 .725
what is the level of her education. 1.000 .766

Does your father bear expenditure of family 1.000 .864

Family depend on your earning 1.000 .650

How much portion of your income is being

1.000 .682
spent on you

Are you satisfied with work 1.000 .696

How many hours in one day you work 1.000 .577

Do you get injuries during work 1.000 .673

Do you work on 1.000 .661
Have government officials ever approached
1.000 .598
you
Have people from NGOs ever approach you 1.000 .668

How frequently you take bath 1.000 .577

(Continued)
 294
APPENDIX D2

Do you eat leftover food in the garbage 1.000 .672

Do you eat meat 1.000 .651
Do you take milk 1.000 .825
Do you suffer frequently from 1.000 .635

Extraction Method: Principal Component Analysis.

 295
APPENDIX E1
CHI-SQUARE NON-PARAMETRIC TEST

age Treatment people want to go

when as other give back to doing before
started Pakistani you your native joining this
age work area country children respect place work
79.3
65.56 39.24 8 0.50 0.72 0.50 5.12 141.28
11.00 3.00 1.00 1.00 1.00 1.00 1.00 3.00
0.00 0.00 0.00 0.48 0.40 0.48 0.02 0.00

any other how many other

member of your member of your
doing before biggest cause family in same family involved
joining this you involved in compelled you profession as in this
work this work with do this work yours profession
141.28 5.78 582.10 5.78 121.48
3.00 1.00 4.00 1.00 3.00
0.00 0.02 0.00 0.02 0.00

size of family are were you ever are you a if given a chance. are
including the you admitted to any dropout from you ready to get
respondent literate school/Madrassa school education
152.65 67.28 19.22 5.41 79.87
4.00 1.00 1.00 2.00 2.00
0.00 0.00 0.00 0.07 0.00

Is your is your
what is the level what is the level Does your father bear
father mother
of his education. of her education. expenditure of family
literate. literate
55.27 367.48 214.63 336.79 45.60
2.00 3.00 2.00 2.00 3.00
0.00 0.00 0.00 0.00 0.00

Respondent's Family
Does you get less How much portion Are you
approximate depend on
remuneration of your of your income is satisfied
monthly your
work than adult gets being spent on you with work
earning earning
109.12 8.00 159.67 236.65 75.19
6.00 1.00 2.00 4.00 2.00
0.00 0.00 0.00 0.00 0.00
 296
APPENDIX E2

Do you
How many hours in Do you get Do you get injuries Do you
usually
one day you work time for play during work work on
work
59.17 3.60 8.00 100.84 248.90
2.00 3.00 1.00 3.00 4.00
0.00 0.31 0.00 0.00 0.00

How
Have government Have people from What kind of Is latrine
frequently
officials ever NGOs ever house you available in
you take
approached you approach you live in the house
bath
137.78 134.48 2.00 2.88 239.15
1.00 1.00 1.00 1.00 4.00
0.00 0.00 0.16 0.09 0.00

Do you eat leftover How frequently you Do you Do you Do you suffer
food in the garbage change your cloth eat meat take milk frequently from
56.18 101.50 130.61 47.52 204.56
1.00 5.00 6.00 6.00 12.00
0.00 0.00 0.00 0.00 0.00
 297
APPENDIX F1
UNRUTATED COMPONENT MATRIX (a)

Component
1 2 3 4 5 6 7 8 9 10 11
1. age .104 -.301 .595 -.158 .117 -.098 .133 .170 .130 .158 .309
2. age when started work .029 -.337 .575 .154 -.070 -.086 .189 .204 .065 .113 .242
3. area .226 -.313 .074 -.307 -.118 .303 .434 -.042 .079 -.312 -.050
4. doing before joining this
work .647 -.161 -.217 -.150 .326 -.066 .047 .107 -.157 -.048 .145

5. biggest cause
compelled you do this .126 -.351 .025 -.088 -.196 .032 .427 -.044 -.244 .402 -.168
work
6. how many other
member of your family
.261 -.143 .019 -.195 -.233 .394 -.151 -.161 -.473 .339 -.050
involved in this
profession
7. size of family including
the respondent -.287 -.499 -.109 .106 .072 .344 .253 .174 .021 -.059 .114

8. are you literate .680 -.155 -.193 -.294 .346 -.045 -.094 .021 .141 .157 -.056
9. were you ever admitted
to any school/Madrassa .719 -.176 -.109 -.306 .296 -.198 -.136 .018 .053 -.004 .024

10. if given a chance. are

you ready to get .220 -.073 -.101 .396 .527 -.111 .174 -.186 -.036 -.029 .140
education
11. is your father literate. .482 .400 .443 .021 -.161 .022 .172 -.379 .147 -.147 -.083
12. is your mother literate .529 .352 .313 .250 -.211 -.038 -.123 .208 -.220 .063 -.067
13. what is the level of her
education. .526 .198 .264 .394 -.146 -.022 -.125 .370 -.108 -.191 -.057

(Continued)
 298

APPENDIX F2

14. Does your father bear

expenditure of family .287 .452 .456 -.030 .007 .166 .204 -.517 .151 .055 -.073

15. Family depend on your

earning -.076 .297 .085 .238 .385 .509 -.126 .203 .085 .058 -.130

16. How much portion of

your income is being .221 .283 -.312 .197 .035 .506 -.044 -.065 -.042 .173 .349
spent on you
17. Are you satisfied with
work .067 .270 -.133 -.320 -.127 .368 .266 .117 .024 -.304 .411

18. How many hours in one

day you work .078 -.214 .587 -.111 -.159 .062 -.222 .268 .069 -.009 .117

19. Do you get injuries

during work .040 -.045 .040 .621 .200 -.061 .326 -.075 -.320 .008 .157

20. Do you work on -.218 .563 .093 -.301 .326 .066 .111 .224 .048 .109 -.103
21. Have government
officials ever .324 -.373 -.075 .156 -.234 .303 -.323 .066 .196 -.137 -.108
approached you
22. Have people from
NGOs ever approach .252 -.500 -.154 .244 .029 .231 -.001 -.067 .049 -.318 -.329
you
23. How frequently you
take bath .196 .432 -.390 -.142 -.222 .016 .063 .290 -.165 .100 .071

24. Do you eat leftover

food in the garbage -.226 .169 .440 -.101 .448 .278 .001 .208 -.047 -.030 -.253

25. Do you eat meat .173 .225 -.318 .268 -.222 -.064 .008 .031 .517 .150 .229
26. Do you take milk .190 -.011 -.223 .159 -.107 .032 .439 .300 .378 .389 -.351
27. Do you suffer
frequently from .111 .316 -.166 -.064 -.101 -.261 .382 .270 -.204 -.359 -.156

Extraction Method: Principal Component Analysis.

a 11 components extracted.
 299

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19
Gul. Personal interview.
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Tahir Manzoor, Interview by researcher. Personal interviews. Lahore, February 16,
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21
Ibid.
 300

22
Government of Pakistan, 1998 Census Report of Pakistan (Islamabad: Population
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23
Government of Pakistan, 1998 Provincial Census Report of Punjab, (Islamabad:
Population Census Organization, Statistics Division, 2001), 1.
24
Ibid., 23.
25
Ibid., 109.
26
Ibid., 121.
27
Ibid., 113. Table 2.2.
28
Ibid., 22.
29
Pran Nevile, Lahore: A Sentimental Journey (New Delhi: Harper Collins Publishers
India, 1997), 1.
30
Ibid., 4.
31
Ibid., 6.
32
Ibid., 13.
33
1998 Census Report of Pakistan, 82.
34
Nevile, Lahore: A Sentimental Journey, 1.
35
Ibid., 3
36
Government of Punjab, Lahore, Human Resource Department, Industrial Relations
Institute, Lahore, Report of workshop held in 2005 combating Bonded Labour by capacity
building of District Government Functionaries, 2006, 13.
37
Thomas Risse, Stephen C. Ropp and Kathryne Sikkink (eds)., The Power of Human
Rights, International Norms and Domestic Change, (Cambridge: Cambridge University
Press, 2000), 1.
38
Meena Anand, Struggle for Human Rights: Nelson Mandela (Delhi: Kalpaz
Publications, 2004), 36.
39
Ibid., 27.
40
United Nation Charter 1945, Preamble.
41
Ibid., Chapter 1 Article 2(3).
42
United Nations, General Assembly, Universal Declaration of Human Rights, 1948,
Article 3.
43
United Nations, General Assembly, International Covenant on Civil and Political
Rights, 1966, Article 6.
 301

44
United Nations, General Assembly, Convention on the Rights of the Child, 1989,
Article 6.
45
UN, Universal Declaration of Human Rights, 1948, Preamble.
46
UN, Convention on the Rights of the Child, 1989, Article 19.
47
Ibid., Article, 35.
48
Ibid., Article, 37.
49
Ibid., Article, 8.
50
Ibid., Article, 24.
51
Ibid.
52
UN Charter, Chapter 1, Article 1(3).
53
UN, Universal Declaration of Human Rights, 1948, Article 2.
54
UN, International Covenant on Civil and Political Rights, 1966, Article 24(1).
55
Ibid., Article 2.
56
UN, Universal Declaration of Human Rights, 1948, Article 26.
57
United Nations, General Assembly, International Covenant on Economic Social and
Cultural Rights, 1966, Article 13.
58
UN, Convention on the Rights of the Child, 1989, Article, 28.
59
UN, Universal Declaration of Human Rights, 1948, Article 24.
60
UN, Convention on the Rights of the Child, 1989, Article, 31.
61
UN, Universal Declaration of Human Rights, 1948, Article, 22.
62
UN, Convention on the Rights of the Child, 1989, Article, 26.
63
UN, Universal Declaration of Human Rights, 1948, Article, 16.
64
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
10.
65
UN, Convention on the Rights of the Child, 1989, Article, 9.
66
Ibid., Article 20(1).
67
Ibid., Article 18.
68
UN, Universal Declaration of Human Rights, 1948, Article, 25.
69
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 11.
 302

70
Ibid., Article 7(ii)
71
UN, Convention on the Rights of the Child, 1989, Article, 27.
72
UN, Universal Declaration of Human Rights, 1948, Article, 23.
73
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 7.
74
Ibid., Article 10 (3).
75
UN, Convention on the Rights of the Child, 1989, Article, 19.
76
Ibid., Article, 32.
77
Ibid.
78
UN, Universal Declaration of Human Rights, 1948, Article, 23 (2).
79
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article 7.
80
UN, Convention on the Rights of the Child, 1989, Article, 32 (1).
81
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
11(2).
82
UN, Convention on the Rights of the Child, 1989, Article, 37 (b).
83
UN, Universal Declaration of Human Rights, 1948, Article, 5.
84
UN, Convention on the Rights of the Child, 1989, Article, 37 (a).
85
Ibid., Article, 22.
86
UN, International Covenant on Civil and Political Rights, 1966, Article 24(2).
87
UN, Convention on the Rights of the Child, 1989, Article, 7.
88
UN, International Covenant on Economic Social and Cultural Rights, 1966, Article
2(2).
89
UN, Convention on the Rights of the Child, 1989, Article, 4.
90
B. R. Bhandari, History of European Political Philosophy (Lahore: Economic Front
Publications, 1966), 33.
91
Tapan Kumar Shandilya and Shakeel Ahmad Khan, Child Labour A Global Challenge
(New Delhi: Deep and Deep Publications, 2003), 51.
92
Anees Jillani, Child Labour: The Legal Aspects (Islamabad: SPARC, 1997), xiii.
93
Shandilya and Khan, Child Labour A Global Challenge, 5.
 303

94
Bimal Kumar, Problems of Working Children (New Delhi: A.P.H. Publishing
Corporation, 2000), 51.
95
I.V. George, “From Child Labour to Child Work,” in Child Labour and Child Abuse in
Pakistan, ed. Musa Khan Jalalzai (Lahore: Bookbiz, 2004), 36-37.
96
Shandilya and Khan, Child Labour A Global Challenge, 10.
97
Kumar, Problems of Working Children, 13.
98
Micheline R. Ishay, The History of Human Rights From Ancient Times to The
Globalization Era (Los Angeles: University of California Press, 2004), 165.
99
Nelien Haspels and Michele Jankanish, eds, Action against Child Labour (Geneva:
International Labour Organization, International Labour Office, 2000), 4.
100
Hannah Arendt, The Human Condition (Chicago: University of Chicago Press, 1958),
79-80.
101
I. V. George, “From Child Labour to Child Work,” 28.
102
Ibid., 33.
103
Kumar, Problems of Working Children, 6.
104
George, “From Child Labour to Child Work,” 32.
105
Qindeel Shujaat, “Child Labour: A Vicious Cycle,” in The State of Pakistan’s Children
2006, ed. Fazila Gulzar (Islamabad: SPARC, 2007), 49.
106
Bhagwan Prasad Singh and Shukla Mohanty, eds., Children at Work-Problems and
Policy Options (Delhi:B.R. Publishing Corporation and Indian Society of Labour
Economics, 1993), 1.
107
R. N. Pati, Rehabilitation of Child Labour in India (New Delhi: S.B. Nangia for Ashish
Publishing House, 1990), 145-146.
108
Haspels and Jankanish, eds, Action against Child Labour, 4.
109
Shandilya and Khan, Child Labour A Global Challenge, 11.
110
Bernad S. Cayne and others, “Child Labor,” in Encyclopaedia Americana, 1987 ed.
460.
111
Ibid.
112
Shandilya and Khan, Child Labour A Global Challenge, 23.
113
Lauren S. Bahr and others, “Child Labor” in Grolier Academic Encyclopaedia, 1991
ed, 350.
 304

114
Tariq Masud Durrani, “Child Labour in Lahore” (M.A. Thesis Lahore: University of
the Punjab, Sociology Department, 1957), 1.
115
Naguibullah Malik, “Labour and Manpower, Government of the Punjab” in Campaign
Against Child Labour, Workshop (Lahore: Avari Hotel, September 9, 2000.
116
Ishay, The History of Human Rights, 166.
117
Ibid., 167.
118
Shandilya and Khan, Child Labour A Global Challenge, 2.
119
Ibid., 64.
120
Ibid., 3.
121
Ibid., 87.
122
Kumar, Problems of Working Children, 5-6.
123
Amartya Sen, Poverty and Famines: An Essay on Entitlement and Deprivation (New
York: Oxford University Press, 1981), 11.
124
June Kane and others, Child labour in Asia and the Pacific Progress and Challenges,
Report prepared by Regional Office for Asia and the Pacific, Bangkok, (Geneva:
International Labour Organization, 2005), 4.
125
Ibid.
126
Pati, Rehabilitation of Child Labour in India, 268.
127
Shandilya and Khan, Child Labour A Global Challenge, 5.
128
Fawad Usman Khan, Training Manual on Child Labour for NGOs (Lahore: 1999), 39.
129
Government of Pakistan, National Policy and Action Plan to combat Child Labour
(Islamabad: Ministry of Labour and Overseas Pakistani, 2000), 13-14.
130
The Daily Times, Lahore, 14 February, 2009.
131
World Development Report 2007, Development and the Next Generation (Washington,
DC: World Bank, 2006), 91.
132
The Daily Times, Lahore, 14 February 2009.
133
Ibid.
134
Shandilya and Khan, Child Labour A Global Challenge, 35-36.
135
Singh and Mohanty, eds., Children at Work-Problems, 64.
136
Shandilya and Khan, Child Labour A Global Challenge, 65.
 305

137
Ibid., 67.
138
List of countries by population,
http://en.wikipedia.org/wiki/list_of_countries_by_population#list (Accessed July 19,
2008)
139
Javed Ahmed, ed., Pakistan’s Political, Economic and Diplomatic Dynamics (Lahore:
Studio 4 Communications, 2002), 42.
140
1998 Census Report of Pakistan (Islamabad: Population Census Organization, Statistics
Division, 2001), 97.
141
Shandilya and Khan, Child Labour A Global Challenge, 14.
142
Kumar, Problems of Working Children, 14.
143
Ibid., 51.
144
Ibid., 14.
145
Shandilya and Khan, Child Labour A Global Challenge, 14.
146
Usman Khan, Training Manual on Child Labour for NGOs, 39.
147
Jawad Ullah, “Labour Through Life,” The Nation, Lahore: 24 November 2002.
148
Government of Pakistan, Federal Bureau of Statistics Report (Islamabad: Federal
Bureau of Statistics, 2000), 128.
149
Kumar, Problems of Working Children, 15.
150
Kane and others, Child labour in Asia and the Pacific, 4.
151
Shandilya and Khan, Child Labour A Global Challenge, 65.
152
Ibid., 155.
153
Kumar, Problems of Working Children, 50.
154
Ibid., 132.
155
Kane and others, Child labour in Asia and the Pacific, 4.
156
Ibid.
157
Ibid., 5.
158
Ibid., 4.
159
Ibid.
 306

160
Khalid Manzoor Butt, “Child Labour: A Case Study of Auto Repair Workshops of
Lahore: Role of Government” (M. Phil., Thesis, Lahore: Government College University
Lahore, Department of Political Science, 2003), 65.
161
1998 Census Report of Pakistan (Islamabad: Population Census Organization,
Statistics Division, 2001), 97.
162
http://en.wikipedia.org/wiki/Pakistan#Religions (Accessed 12 March 2010)
163
Jillani, Child Labour, xvi-xvii.
164
Dawn, Lahore, 12 June 2002.
165
Muzaffer Rizvi, “Curbing Child Labour”, The Nation, Lahore: 24 February 2003.
166
Jawad Ullah, “Labour Through Life” The Nation, Lahore: 24November 2002.
167
Musa Khan Jalalzai, (ed.) Child Labor and Child Abuse in Pakistan (Lahore: Bookbiz,
2004), 17.
168
Rana Rizvi, “Child Labour: An Indiscernible Cage” The News, Lahore: 14 May 1998.
169
National Policy and Action Plan to Combat Child Labour, 13.
170
Ibid., 17.
171
Ibid., 14.
172
SUDHAAR, Preventing Child Labour in Sialkot: Opportunities and Challenges,
Education Programme, Annual Report (Sialkot: SUDHAAR, 1998), 1.
173
Ibid., 17.
174
Ibid.
175
Sadaf and others, “Child Labour in Auto workshops in Lahore City” (M.A. Thesis,
Lahore: University of the Punjab, Social Work Department, 1993), 19.
176
Richard J. Gelles and Jane B. Lancaster, Child Abuse and Neglect (New York: Aldine
De Gernyter, 1986), 19.
177
Chand Raja, “Child Labour: An Exploratory Study of Fifty Children in Auto Repair
Workshops” (M.A. Thesis, Lahore: University of the Punjab, Social Work Department,
1983), 2.
178
Saima Dilawar, “Aspiration of Working Children” (M.A. Thesis, Lahore: University of
the Punjab, Sociology Department, 1997), 7.
179
A Study of Institute of Medical Staff (USA: National Academies Press, 1998), 110-112.
180
Naseer A. Chaudhry, “Working Environment of the Girl Domestic Servants in 16
Localities of Lahore 1995” in Child Labour and Child Abuse in Pakistan, ed. Musa Khan
Jalalzai (Lahore: Bookbiz, 2004), 222.
 307

181
Ibid., 222-223.
182
World Development Report 2007, Development and the Next Generation (Washington,
DC: World Bank, 2006), 26.
183
R.N. Gilchrist, Principles of Political Science, (Madras: The Subhodaya Publications
Ltd., for Orient Longmans Ltd., 1948), 23.
184
Raymond Garfield Gettle, Political Science (Calcutta: World Press Pvt. Ltd., 1956), 24.
185
Government of Pakistan, Pakistan Combating Child Labour (Lahore: Export Promotion
Bureau, n.d.), 2.
186
The New Encyclopaedia Britannica, 1973. Vol. 5, 369.
187
Ibid.
188
Ishay, The History of Human Rights, 28.
189
Ibid., 36.
190
The New Encyclopaedia Britannica, 1973. Vol. 5, 409.
191
Ibid.
192
Ibid.
193
Ishay, The History of Human Rights, 27.
194
Parveen Shaukat Ali, Human Rights in Islam, (Lahore: Aziz Publishers, 1980), p.115.
195
Ishay, The History of Human Rights, 29.
196
Ibid., 36.
197
Ibid., 41.
198
Ibid., 30.
199
Ibid., 42.
200
O. P. Chauhan, Human Rights: Promotion and Protection (New Delhi: Anmol
Publication Pvt., Ltd., 2004), 29-30.
201
http://www.crystalinks.com/confucius.html (Accessed July 15, 2008)
202
M. Judd Harmon, Political Thought From Plato To The Present (New York: McGraw-
Hill Book Company, 1964, Reprinted by Nizami Press, Lahore, 1988), 47.
203
Ibid., 60.
 308

204
R. Coupland, The British Anti-Slavery Movement (London: Thornton Butterworth,
Limited, 1993), 1.
205
Ishay, The History of Human Rights, 28.
206
Muhammad Sharif Chaudry, Human Rights in Islam (Lahore: All Pakistan Islamic
Education Congress, 1993), 23.
207
The Holy Quran, 17, 23-37.
208
Chaudri, Human Rights in Islam, 23.
209
Ibid., 35.
210
Ibid., 33.
211
Parveen, Human Rights in Islam, 115.
212
Franz Rosenthal, The Muslim Concept of Freedom (Leiden: E. J. Brill, 1960), 30.
213
Chaudri, Human Rights in Islam, 26.
214
Ibid., 28.
215
http://en.wikipedia.org/wiki/Crusades 5/14/2003 (Accessed April 13, 2009)
216
J. A. Rickard, An Outline of the History of England (New York: Barnes & nobles, Inc.,
1946), 38.
217
Ernest Cassirer, The Myth of the State (New York: Doubleday and Company,
Inc.,1955), 163.
218
Harmon, Political Thought From Plato To The Present, 159.
219
Ishay, The History of Human Rights, 76.
220
Ibid., 99.
221
Ferdinand Schevill, A History of Europe From the Reformation to the Present Day
(New York: Harcourt, Brace & World, Inc., 1951), 215.
222
Raghubir Dayal, Modern European History (New Delhi: CBS Piublisher and
Distributors, 2007), 4.
223
Ishay, The History of Human Rights, 77.
224
Ibid., 85.
225
Lynda S. Bell, et. al., (eds.), Negotiating Culture and Human Rights (New York:
Columbia University Press, 2001), 25.
226
The New Encyclopaedia Britannica, 1988. Vol. 3, 208.
 309

227
Ishay, The History of Human Rights, 78.
228
Harmon, Political Thought From Plato To The Present, 256.
229
Jack Donnelly, Universal Human Rights in Theory and Practice (London: Cornell
University Press, 2003), 47.
230
Ishay, The History of Human Rights, 79.
231
http://www.classroomtools.com/voltaire.htm (Accessed February 2, 2008)
232
Ishay, The History of Human Rights, 64.
233
Ibid., 80.
234
Samuel Eliot Morison, The Oxford History of the American People Prehistory to 1789,
Vol. 1 (New York: Meridian, Penguin Books Inc., Oxford University Press), 356-357.
235
Ishay, The History of Human Rights, 74.
236
Schevill, History of Europe From the Reformation, 402-403.
237
The Encyclopedia Americana, Vol. 12, 1987, 68.
238
Ibid.
239
David Thomson, Europe Since Napoleon (London: Longmans, Green and Co. Ltd.,
1962), 11.
240
Schevill, History of Europe From the Reformation, 508.
241
UNESCO (ed.), Human Rights Comments and Interpretations (London, Allan Wingate,
1948), 25.
242
Meena, Struggle for Human Rights, 32.
243
Schevill, History of Europe From the Reformation, 504.
244
Ishay, The History of Human Rights, 9.
245
Coupland, The British Anti-Slavery Movement, 7-8.
246
Zafar, Human Rights, 167.
247
Judith S. Leuey, Agnes Greenhall (eds.), The Concise Columbia Encyclopeadia (New
York: Columbia University Press, 1983), 779..
248
Parveen, Human Rights in Islam, 104-105.
249
Coupland, The British Anti-Slavery Movement, 8.
 310

250
The Encyclopedia Americana, Vol. 25, 19.
251
Chaudri, Human Rights in Islam, 196.
252
Ibid., 191.
253
Parveen, Human Rights in Islam, 112.
254
The Encyclopedia Americana, Vol. 25, 23.
255
Morison, Oxford History of the American People, Vol. 2, 363.
256
Harmon, Political Thought From Plato To The Present, 400.
257
Ibid., 406.
258
Harold J. Laski, Communist Manifesto Socialist Landmark (London: George Allen and
Unwin LTD., 1961), 160.
259
Ishay, The History of Human Rights, 177.
260
http://www.ywca.org/site/pp.asp?c=djISI6PIKpG&b=295706 (Accessed May 5, 2008)
261
Ibid.
262
United Nations Charter, Preamble.
263
UN, Universal Declaration of Human Rights, Preamble, 1948.
264
UN, Convention on the Political Rights of Women, 1952.
265
UN, Universal Declaration of Human Rights, 1948, Article 2.
266
Ibid., Article 3.
267
UN, Convention on the Prevention and Punishment of the Crime of Genocide, 1948,
Article 1.
268
“Colonization”, Microsoft Encarta Encyclopaedia Standard, 2005.
269
“World War 1”, Microsoft Encarta Encyclopedia Standard, 2005.
270
Earl F. Ziemke, “World War II”, Microsoft Encarta Encyclopedia Standard, 2005.
271
Ishay, The History of Human Rights, 180.
272
The United Nations Charter, 1945, Article 1.
273
Meena, Struggle for Human Rights, 38.
274
Harold J. Laski, A Grammar of Politics (London: Penguin, 1925), 91.
275
Donnelly, Universal Human Rights in Theory and Practice, 7.
 311

276
E. Barder, Princiles of Social and Political Theory (London: Penguin, 1951), 130.
277
T. H. Green, Lecturers on the Principles of Political Obligation (London: Oxford
University Press, 1985), p.20.
278
Mazhar Ul Haq, Principles of Political Science (Lahore: Bookland, 1979), 179.
279
Ibid.
280
Donnelly, Universal Human Rights in Theory and Practice, 11.
281
S. K. Kapoor, International Law and Human Rights, (Allahabad: Central Law Agency,
2004), 770.
282
Donnelly, Universal Human Rights in Theory and Practice,10.
283
Husayn Salimi, Indroduction of Irano-Islamic views on Human Rights (Tehran: Alhoda
Publishers, 2001), I.
284
Meena, Struggle for Human Rights, 27.
285
Ibid, 29.
286
Mazhar, Principles of Political Science, 180.
287
Ibid., 181.
288
Ibid., 179.
289
Ibid.,193.
290
Meena, Struggle for Human Rights, 28.
291
Mazhar, Principles of Political Science, 183.
292
Meena, Struggle for Human Rights, 30.
293
Ibid.
294
Mazhar, Principles of Political Science, 191.
295
Karel Vasak (ed.), The International Dimensions of Human Rights: As a Legal Reality,
Vol.1, (Paris: UNESCO, Greenwood Press, 1982), 4.
296
Mazhar, Principles of Political Science, 182.
297
Vasak (ed.), The International Dimensions of Human Rights, 5-6.
298
Mazhar, Principles of Political Science, 183.
299
Meena, Struggle for Human Rights, 31.
300
Mazhar, Principles of Political Science, 191.
 312

301
S. L. Bhalla, Human Rights: An International Framework for Implementation (Delhi,
Docta Shelf Publication, 1991), 3.
302
Chaudhry, Human Rights in Islam, 79.
303
Ibid.
304
http://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_the_Child 5/13/2003
(Accessed April 12, 2008)
305
Ibid.
306
Qindeel Shujaat, “Child Labour: A Vicious Cycle,” in The State of Pakistan’s Children
2006, ed. Fazila Gulzar (Islamabad: SPARC, 2007), 49.
307
Rajinder Sachar, Human Rights Prospects and Challenges (New Delhi: Gyan
Publishing House, 2004), 157.
308
Shandilya and Khan, Child Labour A Global Challenge, 2.
309
The New Encyclopaedia Britannica, 1988 ed., 208.
310
Ishay, The History of Human Rights, 166.
311
Ibid., 166-167.
312
Ibid., 143.
313
Shandilya and Khan, Child Labour A Global Challenge, 86.
314
Ibid.
315
Ishay, History of Human Rights, 167.
316
Shandilya and Khan, Child Labour A Global Challenge, 99.
317
Kumar, Problems of Working Children, 8.
318
Ibid., 8-9.
319
Ibid., 9.
320
Ibid., 10.
321
Ibid.
322
Ibid., 7.
323
Fazila Gulrez ed., The State of Pakistan’s Children 2006, (Islamabad: SPARC, 2007),
71.
324
Usman Khan, Training Manual on Child Labour for NGOs, 12.
 313

325
The Nation, Lahore: 16 August 2001.
326
Usman Khan, Training Manual on Child Labour for NGOs, 17.
327
Dawn, Lahore: 16 August 2001.
328
Bashir. Personal interview.
329
Ibid.
330
http://news.bbc.co.uk/2/hi/7883532.stm (Accessed April 09, 2010)
331
Ibid.
332
Martin Ewans, Afghanistan A New History (Lahore: Vanguard Books, 2001), p.168
333
Ibid., 190
334
http://www.un.org/apps/news/printnewsAr.asp?nid=14696 (Accessed: February 17,
2010)
335
The end of child labour, xi.
336
SPARC, The State of Pakistan’s Children 2000, (Islamabad: SPARC, 2001), 35.
337
Jillani, Child Labour, xiii.
338
Karl Marx and Frederick Angels, Selected Works (Moscow, Foreign Languages
Publishing House, 1949), 33.
 314
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