LHC orders legislation on Pakistani children's fundamental rights

Lahore High Court Rawalpindi bench’s Justice Jawad Hassan on Wednesday directed the concerned quarters to make proper legislation on the fundamental rights of children in light of the relevant provisions of the Federal Rules of Business, 1973 and the Punjab Government Rules of Business, 2011.

He was hearing a plea filed by petitioner Zafar Khizer to ensure the provision of basic rights for the children of the country.

Justice Jawad in his judgement ordered that if proper legislation already holds the field then ensure its enforcement and further formulate a national policy on such rights under the rules, after carefully going through the respective laws, by conducting surveys in the relevant fields and also taking restrictive steps for the malnourishment/malnutrition in the child citizens and then ensure implementation of the said policy in true sense”.

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The petitioner had sought directions for both the federal as well as provincial governments to declare the fundamental rights of child citizens, including the right to nutritious food, the right to proper development and right to education, as an unqualified right and to further expand the said rights in light of provisions of Articles 4, 9, 14, 25-A and 38 of the Constitution.

Petitioner’s counsel barrister Muhammad Ahmad Pansota submitted that the petitioner, being an overseas Pakistani, has done a lot of work through a non-profit organisation for the protection of child citizens’ rights by providing free pre-schooling and primary education to over 10,000 children in about 50 centres set-up in underdeveloped areas of Bangladesh and Pakistan.

He said that the petitioner approached the court to highlight the indifference, lassitude and inaction of the respondents towards the Pakistani child citizens who are the future of the country and deserve strict protection of their fundamental rights as guaranteed/protected under the Constitution.

Petitioner’s other counsel Eamaan Noor Bandial submitted that the issue in hand relates to the federal as well the provincial government and legislative authorities of both the governments to first introduce laws under their respective rules of business and then to perform their statutory roles in administering the said laws, therefore, they are fully responsible for the protection of rights of Pakistani child citizens.

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She argued that the latest National Nutrition Survey (NNS), conducted in 2011, shows the highest levels of child malnutrition in Pakistan as compared to other developing countries and also reports a global acute malnutrition (wasting) rate of 15.1% among children, which is higher than the 13% figure of the previous NNS, conducted in Pakistan.

She implored the court that due to the prevailing condition of mortality, poor health, poor physical and cognitive development, poor school performance, and reduced capacity to work even later in life, the Commission of Child Welfare and Development (CCWD) was established in 1980, under the Ministry of Human Rights, to protect the interest of children in accordance with the law, however, no commendable efforts were made by the CCWD to review the enforcement of fundamental rights of the child citizens.

She further contended that the issue at hand also relates to the right to education of child citizens, which will be badly affected if proper food is not provided to them, in line with the mechanism adopted in all other countries, as mentioned in the petition.