ISLAMABAD: The Lahore High Court, Rawalpindi bench, on Wednesday ordered the provincial government to formulate a policy for providing nutritious meals to children at schools of Punjab by expanding the fundamental rights to children under the Constitution.

Justice Jawad Hassan issued the order on a constitutional petition moved by Barrister Mohammad Ahmad Pansota and Advocate Eamaan Noor Bandial on behalf of petitioner Zafar Khizer seeking protection of the fundamental rights of child citizens as enshrined in chapters 1 and 2 (under Part-II) of the Constitution.

The petitioner had sought directions to both the federal and provincial governments to declare the fundamental rights of child citizens, including right to nutritious food, right to proper development, to maximize benefit from education and right to education, as an unqualified right and to further expand the said rights in light of provisions of Articles 4, 9, 14, 25A and 38 of the Constitution.

The 10-page order observed there was clear-cut mandate with the Food and School Education Departments under Second Schedule of the Punjab Government Rules of Business, 2011 to make proper policy/legislation on the issue at hand.

LHC asks Punjab govt to formulate policy

Justice Hassan observed that if proper legislation already holds the field, then [the government must] ensure its enforcement, with a direction to formulate a national policy on such rights under the rules, after carefully going through the respective laws, by conducting surveys in the relevant fields and also taking restrictive steps for the malnourishment/ malnutrition in the child citizens and then ensure implementation of the said policy in true sense.

Earlier at the hearing, Advocate E.N. Bandial argued the concept of ‘right to food’ developed by the World Health Organisation highlights the very aspect that the latest National Nutrition Survey had showed. In 2011, the national survey revealed the levels of child malnutrition in Pakistan was the highest among developing countries.

The counsel argued that the Commission of Child Welfare and Development was established under the Ministry of Human Rights in 1980 to protect the interest of children in accordance with law, but no commendable efforts were made by the commission to review the enforcement of fundamental rights of the child citizens.

She placed reliance on the recent LHC judgment on the right to education in the case of Al-Bakoi Internat­ional to highlight the importance of education, by holding that the education was the most essential instrument of change and can close the gap bet­ween rich and poor within a society.

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 besides Article 25-A of the Constitution put responsibility on the state to secure fundamental right of education of all the children and also to promote the education and well-being, Ms Bandial added.

Published in Dawn, January 19th, 2023