CHILD LABOUR IN BRICK KILNS IN PAKISTAN: LEGAL AND ENFORCEMENT CHALLENGES

Abstract

The problem of child labour in brick kilns in Pakistan is closely associated with peshgi (advance) debt, family-based production and weak enforcement. Pakistan has a significant legal framework in place, such as articles 11 and 25-A of the Constitution, the Bonded Labour System (Abolition) Act 1992, the Punjab Prohibition of Child Labour at Brick Kilns Act 2016 and the Punjab Labour Code 2026. It has also ratified the Convention on the Rights of the Child, the ILO Conventions Nos 29, 105, 138 and 182, and the Protocol to the Forced Labour Convention (2014). This article poses the question of why this framework has not been effective in protecting children. Using doctrinal legal research, it analyses constitutional provisions, statutes, treaties and superior court decisions, and uses Indian and European case law for functional comparison.  Four criteria are used to assess the law: coherence, detectability, enforceability and remediability. The article concludes that Pakistan has only formally complied with its international obligations but not effectively. The 2016 Act left wage and debt records in the hands of the occupier, restricted its evidential presumption to school hours, introduced equal liability for bonded parents, and gave the labour inspector the only access to prosecution, and no remedy for rehabilitation. The 2026 Code brings greater consistency to the age standards, although the timing for the Code to come into effect and its connection with the kiln specific regime remains to be seen. The article suggests a five stage regulatory chain model and suggests a clear transition instrument, verifiable peshgi ledgers, risk based inspection, connected case management and differentiated parental liability and automatic channels from detection to education and social protection.