ISLAMABAD: The Lahore High Court has asked the Ministry of National Health Services Regulations and Coordination to explain what steps it has taken to protect the rights of children in the country and what was the outcome of those measures.

The directives were issued by Justice Jawwad Hassan of the LHC Rawalpindi bench after accepting for regular hearing a petition moved by Zafar Khizer seeking protection of fundamental rights of children, including the right to life (Article 9), right to elimination of exploitation (Article 3), right to dignity (Article 14), right to equal protection of law (Article 25) and right to education (Article 25-A).

The high court ordered Additional Advocate General for Punjab Mujeeb-ur-Rehman Kiyani and Assistant Attorney General Malik Ahtesham Saleem to seek instructions from the relevant quarters and ensure submission of a report and para-wise comments within a week. The case will be taken up on March 22.

Advocate Eamaan Noor Bandial, representing petitioner Khizer, had sought directives for both the federal and provincial governments to declare children’s right to nutritious food, right to proper development and right to education as an unqualified right and hence an extension of the fundamental right to a dignified life under Articles 9 and 14 of the Constitution.

Petition highlights government’s indifference, inaction towards children

Zafar Khizer is an overseas Pakistani and doing work through a non-profit organisation for the protection of children’s rights by providing free pre-schooling and primary education to over 10,000 children in about 50 centres set up in the underdeveloped areas of Bangladesh and Pakistan.

The petition highlighted indifference, lassitude and inaction of the federal government towards Pakistani children who, being future of this country, deserve strict protection of their fundamental rights as enshrined in the Constitution.

The petitioner sought the court directive to the government for proper legislation with regard to the enforcement of fundamental rights. He highlighted reluctance and inaction on the part of the government to make legislation and manage child rights issues, including hunger and malnutrition, in Pakistani children.

The counsel argued that the LHC had in a judgement expanded the scope of right to life and right to food by discussing in detail the Islamic principles and moral standards derived from the Holy Quran and Sunnah in view of the importance of food and ramification of hunger and held that Islam imposes a duty on privileged Muslims to share their wealth and help the ones in need.

The counsel said the concept ‘right to food’ has been developed in the World Health Organisation (WHO), which highlights the very aspect that the latest National Nutrition Survey (NNS), conducted in 2011, showed 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 per cent among children, which was higher than the 13pc figure of the previous NNS 2001, conducted in Pakistan.

But due to the prevailing condition of mortality, poor health, poor physical and cognitive development, poor school performance, 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 law. However, no commendable efforts were made by the CCWD to review the enforcement of fundamental rights of the child citizens.

The counsel pleaded that a quality public education for all can be a powerful engine for greater equality and can equip men and women — rich and poor alike — with equal voice and power.

Published in Dawn, February 25th, 2022