LAHORE: The Lahore High Court (LHC) on Thursday directed a guardian court to decide afresh a matter relating to the custody of a minor boy, born with HIV positive, between his paternal and maternal grandmothers since his parents had already died of the same fatal disease.

The guardian court had previously granted the custody of Faizan, 4, to his paternal grandmother, which was challenged before the LHC by the maternal grandmother.

Justice Raheel Kamran Sheikh observed that the minor was unable to live and survive for long without his due care and treatment as he did not find the minor, when produced before the court, physically fit like other children of his age rather somewhat younger and feeble.

At a previous hearing the judge had also sent the minor to the Services Hospital for his medical examination and assessment.

Justice Sheikh set aside the decision of the guardian court with the consent of both parties and remanded the case to the trial (guardian) court with a direction to decide the application of the paternal grandmother afresh for the custody of the minor within a period of three months after taking into account the medical condition of the minor.

Keeping in view the precarious medical condition of the boy, the judge ruled that the custody of the minor shall remain with the paternal grandmother who shall produce him before the guardian court on June 21 after having been medically assessed at the Children’s Hospital.

In his decision, Justice Sheikh observed that the right to life was a fundamental right guaranteed by Article 9 of the Constitution.

“Right to life undoubtedly entails the right to healthcare which means that everyone has the right to highest attainable standard of physical and mental health and this comprises access to all kinds of medical services including hospitals which must not only be readily available and easily accessible to everyone without discrimination but also of high standard,” the judge further observed.

Published in Dawn, June 18th, 2021