Senate passes bill on child’s custody

The Senate on Monday passed three bills including the Guardians and Wards (Amendment) Bill 2020, giving mothers the right of custody of minors in case of separation between parents. Senator Farooq H Naek moved the bill to amend the Guardians and Wards Act, 1890 The Guardians and Wards (Amendment) Bill, 2020, saying that although superior courts were already extending the right of custody to mothers it was not in the legislative form.

Minister of State for Parliamentary Affairs Ali Muhammad Khan suggested the House to incorporate the recommendations of Council of Islamic Ideology (CII) in the proposed amendment to make it more effective. He was of the view that the Ulema from all schools of thought had representation in the CII, so their recommendations should be incorporated to avoid any hurdle in smooth implementation of the legislation.

After passage of the bill from the Senate, the mover said it would go to the National Assembly for further consideration, so the government should propose their amendments for better legislation. Naek said the legislation would ensure custody of male and female child to divorcee/widow mothers, up to the age of seven and 16 years respectively.

Under the bill, a “mother” would be entitled to be appointed as a guardian of the minor where the father is either deceased or unfit to take care of the child in the opinion of the court. Senate Deputy Chairman Mirza Muhammad Afridi presented the bill with clause-by-clause reading that was passed with a majority vote.

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The House also passed the Code of Criminal Procedure (Amendment) Bill, 2021, moved by Senator Shahadat Awan. The amendment would authorise an assistant sub-inspector or equivalent on duty for entry, search, seizure and arrest at a public place, as "due to paucity of time apprehension of narcotics being removed or the culprit having a chance to escape may occur".

The House also passed the Code of Criminal Procedure (Amendment) Bill-2021, moved by Senator Shahadat  Awan, unanimously which was aimed at separating judiciary from the executive through substitution of the special judicial magistrates with judicial magistrates designated for the trial of petty offences in the summary courts.

Under the provision of section 14 and 14-A of the Criminal Procedure Code, the special judicial magistrates being representative of the executive, were empowered to exercise judicial functions and conduct summary trials of minor offences which are in contravention of the contours of separation of judiciary from executive as safeguarded in the Constitution of Pakistan, according to the bill's statements of objects and reasons.