Despite the presence of hundreds of people, a few unidentified individuals manage to kidnap children, either to demand ransom or to fulfill their inhuman desires by raping and filming them for the dark web or for blackmailing the victims without fearing the police or prosecution.

This is how child kidnapping has increasingly started threatening everyone in Pakistan. Those who feel distant from such horrific incidents—shielded by the privilege of their religion, class, gender, and geography— cannot escape the omnipresent fear of child abduction, abuse, molestation, or rape. They too should advocate for freedom from the fear and constant threat of such tragedies. Moreover, what we have not yet fully recognized is that state failure is evident not only in violations of children’s rights but also in the very neglect of their existence. Three years ago, on August 19, 2021, during Ashura, 7-year-old Priya Kumari was kidnapped while helping her syncretic Hindu father arrange Sabeel in Sangrar, a village in the district of Sukkur. Another similar case, which remains unresolved after nearly seventeen years, involves 7-year-old Fazila Sarki from Jacobabad, who was kidnapped on Pakistan Day, March 23, 2007. Despite the numerous Joint Investigation Teams (JITs) launched, inquiries made, police leadership reshuffled, and several governments changed, the state has failed to determine the whereabouts of both girls, leaving the cases shrouded in mystery as to whether they are alive or dead. The same pattern of JIT-based investigations is adopted in every child abuse case. Yet, from Fazila Sarki to Priya Kumari, no abductors have faced legal consequences, primarily due to impunity. This is a clear failure of the state, raising the question of whether the state is weak or the abductors are stronger than the state.

Several factors—religion, gender, class, and the dominance of feudal and tribal systems in their respective geographies—have hindered the resolution of both Fazila and Priya’s cases. Both children, Fazila Sarki, a Muslim, and Priya Kumari, a Hindu, belonging to poor families in northern villages of Sindh near riverine areas, were seen as easy prey by kidnappers. These cases are not merely puzzling abductions but have roots in the highly increased child abuses in Pakistan, exposing the country’s sorry state in upholding children’s rights and gender justice.

Sahil, a non-profit organization (NGO) working on child protection, reveals that more than 12 children were abused per day during the year 2022. The cases of child abuse increased by more than 33% compared to the year 2021. The gender divide shows that 2,325 (55%) of the victims were girls and 1,928 (45%) were boys. In 2023, out of 4,232 cases, 2,251 (53%) victims were girls and 1,962 (47%) were boys. The children kidnapping conundrum has the following main reasons: enmity with their parents to take revenge, demands for ransom, forcible child marriage, child trafficking/smuggling, child labor, particularly compelled begging, forceful religious conversions, and evil intentions such as sexual abuse, rape, or pedophilia.

The state’s inefficiency in solving these cases has unfortunately signaled capitulation to child abusers and kidnappers, allowing such evils to persist. Regardless of the false and fictional stories crafted to protect feudal lords, landmark cases— such as Climate Activist Nazim Jokhio’s, Child housemaid Fatima Furiro’s, Journalist Nasrullah Gadani’s, Student Namarta Chandani’s, and Priya Kumari’s case— leave landmark effects, as they remain testaments to the helplessness and failure of the state and the negative historical role of tribal feudal lords of respective regions.

Finding Priya and those like her should not be a difficult task for the police. However, the reason behind police silence may be avoiding naming higher officials, ruling politicians, and influential feudal lords, who have the state’s support. For instance, the First Information Report (FIR) in Priya Kumari’s case suggests a deliberate attempt by the police to weaken the case by helping the culprits evade strict punishments. Instead of invoking section 364-A of the PPC, which penalizes kidnapping minors under fourteen—including death, life imprisonment, or up to fourteen years of rigorous imprisonment—the police lodged the FIR under section 364, which carries a punishment of life imprisonment or up to ten years of rigorous imprisonment.

Despite Pakistan being a signatory to the United Nations Convention on the Rights of the Child (UNCRC), outlining the fundamental rights of every child regardless of any difference, hundreds of thousands of children in Sindh and across the country are missing, kidnapped, detained, abused, and trafficked by criminals. Merely guessing from spy information that Priya Kumari and other abducted children are alive, without ensuring their prompt recovery, is yet another evidence of state failure. The Pakistani law and order situation is currently facing significant challenges, particularly in bringing back Priya Kumari.

If minorities are not protected, the country may soon face severe societal decay. Historically, countries with diverse minorities have thrived longer, yet Pakistan has often failed to safeguard minorities, which can be seen in the unfortunate case of individuals like Priya Kumari and others of her faith. It seems the state is heading towards a point of no return in its failure because even the children of its majority are not receiving enough justice and rights.

Muneer Hussain

The writer is a law undergrad at Shaheed Zulfiqar Ali Bhutto University of Law (SZABUL) Karachi. He can be reached at muneer hussain. szabul@ gmail.com