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| September 24, 2003 | Wednesday | Rajab 26, 1424 |
Accord on forced marriages signed
ISLAMABAD, Sept 23: Pakistan and the UK judiciary on Tuesday signed an agreement under which both the countries would establish a body in each country to help the parents and abducted children of Pakistani origin British nationals.
The agreement was signed by the Chief Justice of Pakistan, Sheikh Riaz Ahmad, and Dame Elizabeth Buttler Sloss, president of the Family Division of Courts of Appeal and Wales, on Tuesday.
Both the countries would establish a body which could be approached by the aggrieved people in the United Kingdom, and Pakistan.
The agreement has been signed in furtherance of protocol signed by the Pakistan and British judiciary in Jan 2003.
Under the judicial protocol if a child is removed either from Pakistan to the United Kingdom or from the United Kingdom to Pakistan, the child would be sent back to the country of his/her habitual residence.
If a court of country of habitual residence of the child, passed any restraint order, the court of the country to which the child has been removed, would not exercise jurisdiction over the child and order him to return.
Speaking at a press conference after signing of the agreement, the members of the British judicial delegation said that it had been agreed that public awareness about the protocol would be raised.
The “left behind” parents would be provided access to justice. It was also agreed that mediation would be encouraged between the extended families.
Both the countries appointed liaison judges to whom all cases of abduction of children would be referred.
From Pakistan, Justice Munir A. Sheikh has been appointed as liaison judge, and Lord Justice Matthew Thorpe would be the liaison judge in the UK.
Under the agreement if the child is taken out from the UK to Pakistan, or from Pakistan to the UK, by a parent with the consent of other parent who has the custody of the child, the child would not stay longer than what was permitted.
In case he overstays, the court of the country would not exercise any jurisdiction on the child except ordering to return.
In case where the habitual residence of the child is in dispute the court to which an application is made would have to decide the issue of habitual residence only.
Ms Sloss said that in the last meeting the issue of “forced marriages” was discussed as it was causing a number of problems for the citizens.
She said it was more of executive than judicial matter, and British High Commission in Pakistan would continue providing assistance to those Pakistani origin young Britain who were forced to marry without their consent.
She said that arranged marriage was a good thing, but it should be given proper definition.
Asked why the judiciaries of the two countries were signing the agreement which is purely an executive function, the members of the British delegation said that it was pioneering act of two countries’ judiciary as they understand the issue better than any executive functionary.
They, however, clarified that whatever was agreed between the judiciaries, was with the prior approval of the respective governments.
The British judicial delegation paid glowing tribute to Pakistan’s judiciary for its cooperation and understanding. The cooperation was marvellous, they said.
When asked that Pakistan’s judiciary bore allegiance to one man and did not represent the nation as it has not taken oath under the Constitution, the British delegation refused to take the question.
“Don’t ask such questions,” they replied.
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