Rights Of A Child

RIGHTS OF A CHILD RIGHTS OF A CHILD [Mr. Justice Nasim Hasan Shah was Chief Guest at the Seminar on the "Right of a Child" organized by the Maternity and Child Welfare Association of Pakistan on 25‑5‑1991 at Lahore.] OBSERVATIONS By Dr. Nasim Hasan Shah, Judge, Supreme Court of Pakistan I feel greatly honoured to be asked to make some observations on the conclusion of this Seminar on the "Rights of a Child" wherein extremely informative and thought provoking Papers have been presented. In a knowledgeable study on this issue it has been said: "Today, when the 20th Century is in its last decade is not a tragedy that more than a quarter of a million small children should still be dying every week of easily preventable illness and malnutrition. Every day measles, whooping cough and tetanus, all of which can be prevented by an inexpensive course of vaccines, should kill almost 8,000 children. Every day diarrhoeal dehydration, which can be prevented at almost no cost, should kill almost 7,000 children. Every day pneumonia, which can be treated by low‑cost antibiotics should kill more than 6,000 children. Death and suffering on this scale is simply no longer acceptable: Morality must march with capacity. Every single one of those deaths is the death of a child who had a personality and a potential, a family and a future. And for every child who dies, several more live on with malnutrition and ill‑health and are thereby unable to fulfil the mental and physical potential with which they were born. Such facts shame and diminish us all. Civilization and progress are not entities to be measured only by GNP and technological capacity. They are also measured by the development of human conscience, by the degree to which it is offended and the extent to which it acts when faced by the facts of human suffering, the denial of human needs, the violation of human rights". Undoubtedly it should be one of the most urgent priorities of the human race to bring to an end this silent carnage engulfing every child, born or still to be born. I am informed that there are 48 million mothers and children in Pakistan, that every year 4 million new babies are born here, but unfortunately out of every million babies that are horn, more than 6,000 new born babies die at birth; whereas in the Western countries hardly 60 babies out of every million born die at birth. This dismissal situation exists in Pakistan, notwithstanding the high sounding principles of policy we have enshrined in Article 35 of our Constitution that "the State shall protected the marriage, the family, the mother and the child" It is the responsibility for all of us to arrest and correct this sad situation. Hopefully, the world community is becoming increasingly alive to this tragic situation and the General Assembly of the United Nations has recently adopted a "Convention on the rights of the child". This Convention aims to set universal standards for the defence of children against neglect, exploitation and abuse. Three main areas of the rights of the child are principally sought to be safeguarded by its provisions: One: The right of survival, through access to health care services (such as immunization and oral dehydration therapy) and to an adequate standard of living (including food, clean water and place to live); Two: The right to development through access to education, to rest and leisure, of freedom of expression and information and to freedom of thought, conscience and religion; and Three: The right to protection to mentally or physically disabled or parentless children and to children who are separated from their parents or found in other unfortunate circumstances. Besides it also covers economic, sexual and other forms of child exploitation. Although the convention has not, if my information is not outdated, yet been ratified by the requisite number of States to become enforceable but it sets the standards for every one concerned with the health, development and protection of children and provides a universally valid point of reference everywhere for advocacy on behalf of the rights of the children. We have this evening been greatly benefited by the valuable papers which have been read, highlighting the different aspects of this grave problem and how we are endeavouring of do cope with them. The task, however, is stupendous but it is satisfying to see that the Maternity & Child Welfare Association, Lahore, under the dynamic leadership of its office‑bearers has been rendering valuable services in this important field for the last 30 years. But the great work required for protecting and safeguarding the future development of children involving their immunization, providing adequate water, health care and education to them and to their mothers, steps which are absolutely essential to enable the child to enjoy a healthy existence, free from malnutrition, ill‑health and abuse, cannot be done by this Association alone. It is only through a concerted national effort spearheaded by the State itself can any success be possible, in this behalf. Unfortunately, the State authorities are not exerting themselves to the extent that is necessary for accomplishing the goal. Ours is an Islamic Welfare State and its administrators must remember that the Holy prophet exhorted the believers, time and again to show "love and affection" to the children. Additionally, in Pakistan, as I said earlier, it is an obligation cast on the State by the Constitution to protect, inter alia, the child. I would, therefore, appeal to our Health Authorities to fulfil this responsibility with the earnestness and seriousness that it demands. It is only then that a healthy future for our children, who are our hopes for tomorrow, shall be possible. In the end, I would again congratulate the Maternity and Child Welfare Association for all that it has done and for all that it is doing in the field of protecting and looking after the health of our children. May God Bless their endeavours and grant them greater successes in the noble cause for which they are striving in the future. MR. JUSTICE SALEEM AKHTAR, JUDGE, SUPREME COURT OF PAKISTAN Mr. Justice Saleem Akhtar son of late Muhammad Wasi, Advocate was born on 23‑3‑1932; enrolled as Advocate of the District Court in 1956 and started Legal Practice with Late Justice A.S. Faruqui a leading Advocate of his time; enrolled Advocate of High Court of West Pakistan in 1958; enrolled Advocate of Supreme Court in 1973; after elevation of late Justice A.S. Faruqui to the Bench carried on practice in partnership with Mr. Justice (Rtd.) KA. Ghani and Mr. N.A. Faruqui; in 1967 joined Messrs Surridge and Beecheno Advocates and was taken as its partner where remained as such till 19th October, 1980 when elevated as Judge of the Sindh High Court; specialised in Admiralty, Shipping and Commercial Law; actively associated with the High Court Bar Association; elected Joint Secretary for the years 1965‑66 and 1966‑67; elected Honorary Secretary of the Association for the years 1971‑72 and 1972‑73. In 1979 elected member of the Pakistan Bar Council and in the same year unanimously elected as its Vice‑Chairman. In the Bar Council served as member of the Finance Committee, Legal Education Committee and Chairman Legal Aid Committee. Founder Trustee of High Court Bar Association Benevolent Trust Fund. In 1985 appointed Election Tribunal for Senate Election (1985), Election Tribunal for Punjab, Balochistan and Sindh for the elections of National and Provincial Assemblies. Also appointed Election Tribunal Sindh for the elections held in 1988. Again appointed Election Tribunal Sindh for the Election 1990. During 1985 Election decided all election petitions of Sindh allocated to him within one year of the announcement of the election results. On restoration of the Constitution in 1985 appointed Chairman of the Provincial Review Board constituted under Article 10 of the Constitution. Reviewed the cases of several political detenus who had been under detention for several years and ordered them to be released. Attended Conference in Peking, China in 1986 organized by World Intellectual Property Organization of U.N. on Patent Laws. Nominated Member of the Karachi University Syndicate and also as member of the Board of Governors of Institute of Business Administration, Karachi. Closely associated with the drafting of Admiralty Jurisdiction of High Courts Ordinance, 1980. Contributed to the book entitled `Maritime Law', Vol. III‑B, Registration of Vessels and Mortgages of Vessels, published by International Bar Association, valuable contribution on Pakistan Law on this subject. For the first time Pakistan Law was introduced. in publications of International Bar Association relating to Maritime Law. Chairman Enrolment Committee of the Provincial Bar Council, Member Disciplinary Committee of the Bar Council 1988‑89. Member of the Committee for Separation of Judiciary from Executive constituted by the Supreme Court. Nominated to act as Advisor to Sindh Public Service Commission for selection of Civil Judges. Remained Senior Puisne Judge of the High Court of Sindh till his elevation to the Supreme Court of Pakistan on 25‑3‑1991. Book review SOCIO‑ECONOMIC POLITICAL STATUS AND WOMEN AND LAW IN PAKISTAN By Mrs. Rashida Patel, Advocate, Karachi‑Printed on superior paper, hard bound with beautiful cover, consisting of more than 270 pages: Price Rs.220 in Pakistan and U.S. $ 18 The author of the book under review is widely known in the country as an eminent lawyer, reformist, social activist, champion of women's cause and a staunch upholder of their rights. True to its title the book deals precisely but in a very effective and convincing manner, with almost all the aspects and phases of many‑sided problems faced by our women and offers practical suggestions for improving their lot in various socio‑cultural, economic and legal fields. The author, after comprehensive and illuminating discussion on the relevant topics strongly advocates the urgency for reforms in laws on such vital subjects as adultery, rape, fornication, marriage, divorce and maintenance, etc., as applied by Courts in Pakistan. The author in fact, has dealt with almost all the issues concerning women. The book first appeared in 1978‑79 under the title "Women and Law in Pakistan" which soon became out of print. It has now been reprinted under the present title. The book is a detailed indepth critical study of Muslim Family Laws as applied in Pakistan. The author comprehensively deals with the multiform rights and privileges of women and mutual obligations of husband and wife as enjoined by Islam and as provided under various laws shaped by the recent phase of Islamisation. Serious attempt has been made by the author to bring into limelight the necessity of taking earnest and purposeful measures on legislative and socio‑economic plane for the betterment and uplift of this downtrodden and oppressed class of our society. She in the process has offered number of suggestions regarding legislative reforms and desirable changes in Government policy. Since the author has touched in her book the highly sensitive and controversial issues, she had to support her views by quoting copiously from Holy Qur'an seeking further help from vast case‑law laid down by Superior Courts of Pakistan on the points of controversy besides making references to various reports and writings on the subject from writers of undisputed eminence and learning. The characteristic feature of the book is its judicious, well‑reasoned and balanced approach to subjects discussed in the book with such a clarity of thought that it is not possible not to be impressed by the author's sincerity of purpose, her keen understanding and deep insight which helped her in tackling problems she had to face while writing this book, which eminently reflects that author has no ambiguity or confusion in her mind. The object which prompted the author in this venture, in her own words, was to "emphasise the present need to re‑discover the intrinsic purity and justice of Islamic Law to reinterpret it and to apply it afresh in response to the present needs". The reader, it is hoped, will find it an enlightened and well‑reasoned study of Muslim Laws affecting the women and Muslim family structure in Pakistan. The book meticulously identifies the field needing urgent reforms. The book will undoubtedly be found useful to all those sections of people who feel interested in advancement of the cause of women. It will certainly be a valuable addition to the libraries of the persons belonging to legal profession and also those who are engaged in the grim struggle for emancipation of women.