PESHAWAR: The Peshawar High Court has turned down an appeal against the orders of a child protection court to shift a minor beggar to the government’s ‘model’ home for street children in the provincial capital, declaring that it is “in the best interest” of the five-year-old to stay in the Zamong Kor.

The child protection court had declared last year that the child held for begging and selling face masks on the streets would remain in the care of the Zamong Kor until he attained the age of 18 years or released.

The child’s father, Amirullah, had challenged the orders in the high court.

A PHC bench consisting of Justice Roohul Amin Khan and Justice Ishtiaq Ibrahim dismissed the appeal.

It, however, declared that the child could spend weekends with parents at home.

“The learned trial court has rightly turned down the request of the appellant to which no exception can be taken, however, keeping in mind the love and affection of the parents, we deem it appropriate and in the interest of justice to provide a visitation right to the child to stay with his parents on each off day in the week,” it wrote in the verdict.

Declares minor’s welfare is prime consideration under the law

The bench added that the appellant would be entitled to visit and see the child in “Zamong Kor” on any day of the week inside the institution, whereas they would be entitled to his custody for shifting him to home every Saturday after his school timings and should return him to the institution next Monday before 9am.

A video of the child had gone viral on social media wherein he could be seen wearing no shoes in winter season and selling masks near a BRT (Bus Rapid Transit) station at Abdara area.

The social welfare officer of Zamong Kor had produced the child before the child protection court on Nov 30, 2021.

The child had insisted that his father (appellant) was a daily-wage labourer and that he had been selling face masks for the last one year besides begging on the streets until late night.

Keeping in view his age and the feeble financial position of his father, the court had turned down the latter’s request to return the minor to him and placed him in the care of the child protection institution.

The bench observed: “We appreciate the struggle and functions of Zamong Kor being conducted and carried out for rehabilitation of children. The institution besides providing food, shelter and education is trying to train the children for their future life.

“We are conscious of the love and affection of parents and children towards each other, however, welfare of the child is the prime consideration under the law.”

Deputy chief of the Child Protection and Welfare Commission (CPWC) Mohammad Ijaz Khan said serious steps had been taken for rehabilitation of children at risk and children begging on the streets.

Last month, the court had sought a detailed report about the functioning of the institution.

The report submitted to the court said the government was envisaging a ‘child sensitive society’, where children could enjoy their rights of protection, survival and development and that the establishment of the model home for street children, Zamong Kor, in July 2016 was part of it.

It added that with gradual increase in the number of children at risk and in need of protection, those enrolled in the institution had increased to 652.

The report said the children were getting formal education according to new technologies and up to date teaching methodologies and that an MoU was being signed with the Technical Education and Vocational Authority for skill development of the children.

“An endowment fund is also generated i.e. Rs 2000 per month for each child of the Institution from Jul 2021 which will be given to the children after leaving the Institute at the age of 18 years. This amount will be helpful for the children to start any business in future,” it said.

The court was informed that after successful functioning of the institute at Peshawar, the provincial government had planned to extend the facilities to vulnerable children of other districts and for that purpose PC-1 titled “Establishment of Boys Campuses of Model Institute for the State Children in district Swat, Dera Ismail Khan, Abbottabad and Girls campus at Peshawar” had also been approved at a total cost of Rs 365.982 million for a period of three years.

Published in Dawn, December 19th, 2022