PESHAWAR, April 25: The NWFP government has prepared draft of the NWFP Destitute and Neglected Children Bill 2008 which envisages establishment of the Child Protection and Welfare Bureau on provincial level.

Official sources told Dawn that after final wetting of the proposed bill it would be referred to the provincial cabinet for approval following which the law would be introduced either by promulgating an ordinance or tabling the bill before the NWFP Assembly for enactment.

The Punjab government had already enacted the Punjab Destitute and Neglected Children Act, 2004. The assembly had passed the bill on June 7, 2004, and the Punjab governor gave his assent to it on June 17, 2004.

In this connection the NWFP law and human rights department in collaboration with the Unicef has organised a seminar on the draft bill on Saturday. NWFP Chief Minister Amir Haider Khan Hoti will be the chief guest and he is expected to inaugurate the Child Protection and Welfare Bureau (CPWB).

The NWFP secretary law and human rights department, Shahid Nasim Khan, told Dawn that for long the need was felt for the care, protection and rehabilitation of the destitute and neglected children.

He said that proper legislation and functional institutions in public sector for the protective custody of such children was need of the hour. Due to same reasons he stated his department formulated the draft law which provided for the establishment of a CPWB.

The proposed law is aimed at consolidating the law for the rescue, protective custody, care and rehabilitation of destitute and neglected children in the province.

The proposed law envisages establishment of the CPWB with a board of governors and a director general who would be its chief executive officer. The prime functions of the board would be to establish, manage and recognise child protection institutions; to exercise control over child protection institutions and look after the operation and maintenance of all essential services provided in the institutions; to supervise prosecution of the persons accused of the offences created under this Act etc.

The bureau may appoint child protection officers to carry out the purposes of the proposed law. The proposed law also provides for establishment of a child protection unit for a local area. The bureau may establish and maintain child protection institutions at any place in the province.

Under the proposed law the provincial government may establish one or more Child Protection Courts for a local area for which the presiding officer will be appointed in consultation with the Peshawar High Court. The said courts will exercise powers conferred and functions assigned to it under the provisions of this law and shall decide a case within one month from the date of production of a child before it.

The government has proposed that employing or using a child for begging would be an offence punishable up to three years imprisonment or fine of Rs50,000 or both. Giving intoxicant or narcotic drug to child would also be a crime punishable up to three years imprisonment or fine of Rs50,000 or both.

The proposed legislation defines a “destitute and neglected child” as a child who is found begging; or is found without having any home or settled place of abode and without any ostensible means of subsistence; or has a parent or guardian who is unfit or incapacitated to exercise control over the child; or lives in brothel or with a prostitute or frequently visits any place being used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral or depraved life; or is being or is likely to be abused or exploited for immoral or illegal purpose or unconscionable gain; or is beyond the parental control; or has lost his parents or one of the parents and has no adequate source of income; or is victim of an offence punishable under this Act or any other law for the time being in force and his parent or guardian is convicted or accused for the commission of such offence.