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December 1, 2003 Monday Shawwal 6, 1424

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Move to enforce ban: Courts will guard women’s inheritance right on marriage expenses


ISLAMABAD, Nov 30: The Law and Justice Commission of Pakistan has amended various laws, making them more compatible with the present-day needs, a senior judicial official said here on Sunday.

These amendments were recently approved in a meeting held under the chairmanship of Supreme Court Chief Justice Sheikh Riaz Ahmed, said the Secretary Law and Justice Commission of Pakistan, Dr Faqir Hussain.

Dr Hussain said the commission took notice of the wasteful expenditure being incurred on marriage ceremonies, including the serving of lavish meals at marriage receptions, flamboyant decorations, aerial firing incidents, firecrackers and displays of dowry.

The commission recommended amendments to provide a single dish, limiting the number of guests to 300 at the Valima and Baraat receptions. It further recommended the strict enforcement of the law to curb the brazen displays of wealth besides calling for the enforcement of a ban on display of dowry during marriage ceremonies.

Dr Faqir clarified that if the number of guests increased beyond 300, then instead of a single dish, only refreshments could be served.

He said with a view to safeguard women’s inheritance share, the Commission has decided that the chief justices of the respective high courts would instruct the courts for quick disposal of cases pertaining to the women’s share in inheritance.

The commission, he said, also recommended a scheme for public awareness to inform the people, specially women, of their inheritance rights, the ways and means to realize their respective shares in inheritance and the fora to approach, if such right was denied to them.

Referring to problem of accused persons absconding from trials, he said, the commission recommended to insert a new section to the Pakistan Penal Code with three years imprisonment and imposition of fine.

Dr. Faqir said the Commission also approved amendments in the Government Services Medical Attendance Rules to the effect that in case of second marriage by a government servant, the second wife should also be included in the definition of family and entitled to medical facilities.

The commission, he said, had also approved an amendment in the Land Revenue Rules 1968, replacing a previous law for the appointment of Lumberdar (village Headman), which was violative of Islamic injunctions as observed in a judgment of the Supreme Court.

The Commission also approved amendment in the W.P. Requisitioning of Immovable property (Temporary Powers) Act 1956 to ensure that the government’s power to requisition private property was exercised in public interest alone and subject to prompt payment of the market value of the property.

Dr Faqir Hussain said the commission had recommended for enhancing penalties prescribed under the Children (Pledging of Labour) Act 1933. He said the commission explained that such penalty be enhanced to Rs20,000 and in case of a second conviction, the punishment “shall be imprisonment for (a) minimum (period) of six months and a maximum (period of) upto two years or a penalty of Rs20,000 or both.”

The commission also reviewed Sections 427, 428, 429 & 435 of the Pakistan Penal Code dealing with various offences and approved enhancement of amounts stipulated in the said sections, to bring these laws in accordance with the present-day requirements.

He said the commission also approved amendments to Section 11-A, 11-8 & 11-C of the Pakistan Security Act 1952 to the effect that any adverse action as to confiscation or sale of any enterprise/undertaking in the interest of national security, defence or external affairs, should be made subject to reasonable grounds and the owner/management of the property be given an opportunity of hearing before initiating action in this regard.

Dr Faqir said the commission also examined and approved certain amendments of procedural nature to expedite the trial proceedings in the court. Such amendments include expeditious investigations and other similar measures, eliminating unnecessary adjournments to expedite the pace of litigation.

He said the Commission has so far prepared 56 reports on various laws and more than 70 per cent of its recommendations have already been implemented. He said the annual report of Supreme Court for the year 2002 would be finalized by end of the current year while for the year 2003 it would also be finalized by the end of the current year.—APP






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