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The Judicial Processes must be Child-Centered, focusing on Dignity, Fairness, and Reintegration --- Supreme Court of Pakistan

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The Judicial Processes must be Child-Centered, focusing on Dignity, Fairness, and Reintegration --- Supreme Court of Pakistan

Islamabad 31-12-2024: In a significant ruling, the Supreme Court of Pakistan reaffirmed its commitment to Child Justice by upholding a maintenance order for a minor in the case of Malik Mahmood Ahmad Khan Vs. Malik Moazam Mahmood (C.P.L.A. No. 2250-L/2016). The Court emphasized the paramount importance of the child’s best interests, reinforcing constitutional and international protections for children.

The dispute arose after the divorce of the petitioner and the subsequent death of the child’s mother in 2009. The minor, represented by his maternal grandmother, filed a suit for maintenance. The trial Court decreed maintenance of Rs. 5,000 per month, with a 10% annual increment, effective from November 2009 until the child attained majority. The petitioner’s appeals to the Additional District Judge and the Lahore High Court were dismissed, prompting the current petition before the Supreme Court of Pakistan.

The Court stressed that the best interests of the child must be the central consideration in all legal matters involving minors. Mr. Justice Syed Mansoor Ali Shah highlighted the judiciary’s moral and legal duty to protect and nurture children, ensuring their rights and well-being.

The judgment referred to constitutional provisions under Articles 25(3), 25A, 35, and 37(e) of the Constitution of Pakistan, 1973, which safeguard the rights of children. Additionally, the Court underscored Pakistan’s obligations as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), which mandates protection, rehabilitation, and education for children.

Emphasizing restorative Justice, the Court advocated for measures that prioritize the rehabilitation of children over punitive actions. It noted that judicial processes must be child-centered, focusing on dignity, fairness, and reintegration.

The Court encouraged district-level Courts to adopt a Child Justice approach to reduce recidivism and support societal development. Mr. Justice Syed Mansoor Ali Shah remarked, “In serving the best interests of children, we serve the best interests of all humanity.”

The Supreme Court of Pakistan, adopting a Child Justice lens, found no jurisdictional error or procedural irregularity in the Lahore High Court’s order. It dismissed the petition, affirming the trial Court’s maintenance decree.