Neglected Children Act 2004 and article 48 of the Sindh Children Act 1955. The Gilgit-Baltistan Prohibition of Corporal Punishment Act, the Prohibition of Corporal Punishment Act 2017, applicable in the Islamabad Capital Territory, and the Sindh Prohibition of Corporal Punishment Act 2016 prohibit all corporal punishment and humiliating and degrading treatment of children in day care settings. 2.9 Schools (partially lawful): Except where it is explicitly prohibited, corporal punishment is lawful in schools under article 89 of the Penal Code 1860. A federal ministerial directive and ministerial directives in all Provinces have instructed teachers not to use corporal punishment but it is not prohibited in legislation. 2.10 In 2012, the Right to Free and Compulsory Education Act 2012 was passed in Islamabad Capital Territory, providing for the right to education for children aged 5-16 and prohibiting corporal punishment in government schools for children of that age (art. 13). The Act operationalises the right to education in article 25-A of the Constitution, and other provinces must enact similar legislation. This had been achieved in Sindh province (Sindh Right of Children to Free and Compulsory Education Act 2013) and Punjab (Punjab Right to Free and Compulsory Education Ordinance 2014). The Prohibition of Corporal Punishment Act 2017, applicable in the Islamabad Capital Territory, and the Sindh Prohibition of Corporal Punishment Act 2016 have extended the prohibition of corporal punishment and humiliating and degrading treatment to all children under 18 years of age in educational settings. The Gilgit-Baltistan Prohibition of Corporal Punishment Act prohibits all corporal punishment of children in schools. 2.11 Penal institutions (partially lawful): The Juvenile Justice System Ordinance 2000 prohibits corporal punishment of children in custody (art. 12), but it does not override all other laws – article 14 states that the Ordinance is “in addition to and not in derogation of any other law for the time being in practice” – and it is not in force throughout Pakistan. Article 46(12) of the Prisons Act 1894 provides for whipping as a punishment for prison offences by male prisoners. A federal Juvenile Justice System Bill is currently being discussed by the Government to replace 2000.7 the Juvenile Justice System Ordinance 2.12 In the Punjab province, the Borstal Act 1926 permits corporal punishment on males in borstal institutions (arts. 33 and 36). In Khyber Pakhtunka, corporal punishment is unlawful under the Borstal Institutions Act 2012, which does not include it among permitted disciplinary measures (article 22). The Gilgit-Baltistan Prohibition of Corporal Punishment Act prohibits all corporal punishment of children in penal institutions. The Prohibition of Corporal Punishment Act 2017, applicable in the Islamabad Capital Territory, and the Sindh Prohibition of Corporal Punishment Act 2016 prohibit all corporal punishment and humiliating and degrading treatment of children in the juvenile justice system as defined in the Juvenile Justice System Ordinance 2000. 2.13 Sentence for crime (lawful): Article 12 of the Juvenile Justice System Ordinance 2000 states that no child may be given corporal punishment while in custody: it is not clear that this prohibits corporal punishment of children not given a custodial sentence, though it is reportedly interpreted as prohibiting corporal punishment as a sentence of the courts. However, as already noted, the Ordinance does not override other laws and is not in force in all areas of the country. 2.14 The Abolition of the Punishment of Whipping Act prohibits whipping as a sentence under any law. It does not apply to hadd offences (article 3). Some laws against hadd offences were amended in 2006 but they continue to punish these offences with corporal punishment and are applicable to children from the onset of puberty. The Penal Code 1860 and the Code of Criminal Procedure 1898 provide for the penalty of qisas, a punishment causing similar hurt at the same part of the body of the convicted person as s/he caused to the victim. The Penal Code states that

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