The application was filed by philanthropist Abdul Sattar Edhi wherein he requested a legal strategy for the registration of children abandoned by their parents. PHOTO: AFP/FILE
The three judge bench of the Supreme Court, headed by Chief Justice of Pakistan Tassaduq Hussain Jillani on Thursday disposed off a three-year-old application filed by philanthropist Abdul Sattar Edhi wherein he requested a legal strategy for the registration of children abandoned by their parents.
The application further said that the National Database Registration Authority (NADRA) had refused to register a minor, saying the process could not be initiated in the absence of the child’s guardian or if the child is illegitimate.
The bench has observed that the grievance of applicant has been redressed in view of NADRA’s new policy and now NADRA is directed to ensure that such application be properly dealt with.
A member of the bench Justice Azmat Saeed Sheikh observed that if people abandon their kids than what is the mistake of the children, adding that it is the responsibility of state to look after of such children.
During the hearing, counsel for NADRA Afnan Karim Kundi told the bench that they have already submitted a comprehensive report about its policy regarding the registration of Orphans and abandoned children. He also submitted that assistance of provincial governments would be required about the implementation of NADRA policy over the registration of Orphans and abandoned children.
According to the NADRA report, the most hampering issue of naming the parents of the children with unknown paretange has been tackled and it has registered around 280 children.
“Most of the organizations have provided the requisite information and the process of registration is still underway. Edhi Foundation has also furnished data of its Karachi office. The total number of such children that are still unregistered with NADRA is 3087 and only 610 have been registered”
The report further says that in order to provide case in registration of such children, NADRA has made the process very easy now instead of going to court for guardianship certificate to register every child (by this way, courts have also been relieved), any head of Orphanage may become guardian by proving an affidavit on Rs20 stamp paper, provided that Orphanage is registered with Orphanage Act as well as with NADRA.
“In case of known parentage of the child, any unspecified name of the parents as recorded by the Orphanage will be entered in the database. It is the responsibility of Orphanage to give any supposed name to the un-known parents of the child but these names should not be fixed names like Edhi, Abdullah, Adam or Eve”
It is also stated that for every entrant, it will be mandatory for Orphanage to report NADRA about the baby child. In order to preempt the future claim for child, DNA test of child be conducted by Orphanage (if possible and not costly).
NADRA also told that the guidance has taken from Islamic Ideology Council and fatwas have also been sought from religious scholars in Iran and Saudi Arabia to iron out this festering issue once for all that explicitly stated that any unspecified name can be given to the parents of children with unknown parentage.
The report says that NADRA had written letters to almost 31 institutions from all over Pakistan to send it data along other required documents so that their organizations may be registered.
Regarding the requirement of Orphanage, the report says that registration of Orphanage with NADRA is mandatory after certified by provincial governments’ authorities.
It is also told that NADRA has also introduced “smart card” for orphans/abandoned children, adding that this smart card will have inherit feature like education record, financial transaction etc of such children.
On the last date of hearing, the top court on April 17 appointed Tariq Mehmood and Makhdoom Ali Khan as amicus curiae regarding the matter related to adoption in Islam and the rights of adopted children.
During the hearing, the CJ asked that whether adoption is legal in Islam. He further raised question that whether the apex court could resolve this issue or there is specific bar under Article 203 G of the constitution.
Tariq Mahmood while giving comprehensive arguments contended that in Islam, guardianship could not be given to adopted child as well as he could not get anything from inheritance. He however stated that there are many rights of orphans. He also cited the references of Hadees and Quran in this regard. The counsel says that killing of illegitimate child is murder.
Later on, the bench has decided to take up the matter relate to adoption of children on appropriate forum and disposed of the case.
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There should be proper documents for orphans, so that they can be registered into the database as this will help the govt in keeping an upto date stat. Also islam prescribes the concept of guardianship which is good but unfortunately the rich ppl (couples) from developed countries cannot adopt paki children because the govt of pak does not have a proper law on adoption which is unfortunate due to which muslims/non muslims living in developed countries cannot adopt them to give them a better life abroad.....This is a huge question mark / slap on the faces of the lawmakers of our country....!!