IN THE SUPREME COURT OF PAKISTAN
(Appellate Jurisdiction)
Present:
Mr. Justice Syed Mansoor Ali Shah
Mrs. Justice Ayesha A. Malik
C.P.L.A.2250-L/2016
(Against the order dated 11.05.2016 passed by the Lahore High Court, Lahore in
Writ Petition No.33486/2015)
Malik Mahmood Ahmad Khan
...…. Petitioner
Versus
Malik Moazam Mahmood, etc.
…. Respondent(s)
For the petitioner: Mr. Khalid Ikram Khatana, ASC.
For the respondent(s): Not represented.
Date of hearing: 19.12.2024
ORDER
Syed Mansoor Ali Shah, J. – A child (hereinafter
referred to as “respondent No.1”), following the divorce of his
parents in 2009 and the subsequent death of his mother, filed a suit
for maintenance through his maternal grandmother against his
father (“petitioner”). The trial court decreed the suit, fixing the
maintenance allowance at Rs. 5,000/- per month, effective from
November 2009 until respondent No.1 attained the age of majority,
with a 10% annual increment, vide judgment dated 21.09.2015.
Feeling aggrieved, the petitioner preferred an appeal before the
learned Additional District Judge, Lahore, which was dismissed as
non-maintainable vide order dated 17.10.2015. Subsequently, the
petitioner challenged the judgment before the Lahore High Court,
Lahore which was dismissed in limine vide order dated 11.05.2016
(“impugned order”). Hence, the present petition.
2. Courts must approach cases involving children with a
dedicated child justice approach, rooted in a legal and moral
obligation to protect, nurture, and rehabilitate children, ensuring
their rights and well-being within the justice system. Child justice
encompasses both children in conflict with the law, who require
rehabilitative interventions rather than punitive measures, and
children in contact with the law, who must be safeguarded and
C.P.L.A No. 2250-L/2016 2
supported throughout judicial processes. As custodians of justice,
courts must adopt a child justice approach that prioritizes the best
interests of the child, recognizing their vulnerabilities,
developmental needs, and potential. This approach demands
sensitivity to their circumstances, ensuring access to education,
shielding them from exploitation, and fostering an environment
conducive to their growth and reintegration into society. As Nelson
Mandela aptly said, “There can be no keener revelation of a society’s
soul than the way in which it treats its children.”1 By adhering to
these principles, the judiciary not only fulfils its legal obligations but
also demonstrates judicial sensitivity towards children, contributing
to a just and compassionate society.
3. The Constitution of Pakistan, 1973, provides a robust
framework for child justice. Article 25(3) empowers the State to
enact special provisions for the protection of children, including
measures that may favourably differentiate them from adults. Article
25A mandates free and compulsory education for children aged 5 to
16 years. Article 35 obliges the State to protect children, while
Article 37(e) ensures just and humane working conditions, explicitly
prohibiting the employment of children in vocations unsuitable to
their age or sex. This constitutional framework underscores child
justice, prioritizing the well-being, rehabilitation, and reintegration
of children into society, while addressing their unique rights and
vulnerabilities within judicial processes.
4. As a signatory to the the United Nations Convention on
the Rights of the Child (“UNCRC”) in 1989, Pakistan is under an
international obligation to take special measures to protect and
rehabilitate children who come into conflict with the law.2 The
UNCRC provides a framework for child justice systems globally,
emphasizing dignity, rehabilitation, and reintegration. Pakistan’s
constitutional mandate, combined with its international obligations,
has catalyzed the establishment of a child justice system in the
country. The adoption of UNCRC in 1989, almost universally
ratified, marked a global paradigm shift in the international
1
Address by President Nelson Mandela at the launch of the Nelson Mandela Children's Fund, Pretoria,
South Africa (May 1995).
2
Pakistan ratified the United Nations Convention on the Rights of the Child on 12 November 1990 which
provided broader guidelines for the promotion and protection of child rights.
C.P.L.A No. 2250-L/2016 3
community’s perspective, recognizing children as rights holders, not
merely vulnerable dependents in need of special care.3
5. To fulfil the mandate of child justice, the UNCRC
outlines guiding principles4 affecting children. These principles,
inter alia, include: (i) Ensuring that the best interests of the child is
given primary consideration5; in all actions where children are
directly, or indirectly involved or affected by the justice system, the
best interests of the child should be a primary consideration, (ii)
Guaranteeing fair and equal treatment of every child, free from all
kinds of discrimination; a child in conflict with the law shall be
treated without discrimination of any kind, (iii) Advancing the right
of the child to express his or her views freely and to be heard; all
children in conflict with the law have the right to participate in
decisions affecting them, and in particular, to be given the
opportunity to be heard in any judicial or administrative
proceedings; (iv) Protecting every child from abuse, exploitation and
violence6; children in contact with the law should be protected from
any form of hardship while going through state and non-state justice
processes and thereafter. (v) Treating every child with dignity and
compassion7; children should be treated with care, sensitivity,
fairness and respect throughout any procedure or case, with special
attention for their personal situation, well-being and specific needs,
and with full respect for their physical and psychological integrity,
(vi) Respecting legal guarantees and safeguards in all processes;
basic procedural safeguards as set forth in relevant national and
international norms and standards shall be guaranteed at all stages
of proceedings in state and non-state systems, as well as in
international justice, (vii) Preventing conflict with the law as a crucial
element of any juvenile justice policy; within juvenile justice policies,
emphasis should be placed on prevention strategies facilitating the
successful socialization and integration of all children, in particular
through the family, the community, peer groups, schools, vocational
training and the world of work, and (viii) Using deprivation of liberty
of children only as a measure of last resort and for the shortest
appropriate period of time; provisions should be made for restorative
3
Ton Liefaard, ‘Access to Justice for Children: Towards a Specific Research and Implementation Agenda’
International Journal of Children’s Rights 27 (2019) 195–227.
4
Guidance Note on the Secretary-General, UN Approach to Justice for Children, United Nations <
https://www.unodc.org/pdf/criminal_justice/Guidance_Note_of_the_SG_UN_Approach_to_Justice_for_Chil
dren.pdf> last accessed 21 December, 2024.
5
Article 3, United Nations Convention on the Rights of the Child.
6
Ibid, Article 37.
7
Ibid, Article 40.
C.P.L.A No. 2250-L/2016 4
justice, diversion mechanisms and alternatives to deprivation of
liberty. By adopting these principles and a child-centered approach,
justice systems can provide fair, equitable, and effective solutions
tailored to children’s unique needs and circumstances. This also
aligns with the the principle of restorative justice which is an
approach to justice that focuses on repairing the harm caused by a
crime or conflict, rather than solely punishing the offender. It
involves the victim, the offender, and the community in a search for
solutions which promote repair, reconciliation, and reassurance.8
6. A child-centered approach in the judiciary is essential
because it acknowledges that children, unlike adults, are still in
their formative years and are particularly vulnerable to the
psychological and emotional impacts of legal proceedings. Scholars
such as Karl Hanson and Olga Nieuwenhuys have emphasized that
a child-centered approach recognizes that “children shape,
interpret, and practice what their rights are,” and emphasizes “living
rights” — rights as dynamically experienced and realized by
children.9 This approach advocates for judicial processes that are
rehabilitative rather than punitive, protecting the child’s dignity
while fostering rehabilitation and reintegration into society. Such a
framework aligns with both national and international legal
standards, ensuring that children’s voices are heard, their rights
safeguarded, and their future prospects protected.
7. Courts, particularly at the district level, must adopt this
approach to ensure that the justice system meets the unique needs,
rights, and vulnerabilities of children. By prioritizing children’s best
interests in judicial decisions, the judiciary can promote long-term
societal benefits, reduce recidivism, and support the development
and well-being of future generations. As the saying goes, “In serving
the best interests of children, we serve the best interests of all
humanity.”10
8. We have examined the present case with a child justice
lens, prioritizing the best interests of the child – an approach that
the courts must employ when dealing with cases involving children
8
Howard Zehr, The Little Book of Restorative Justice (Good Books, 2002).
9
Karl Hanson and Olga Nieuwenhuys, ‘A Child-Centered Approach to Children’s Rights Law’ in Jonathan
Todres and Shani King (eds), The Oxford Handbook of Children’s Rights Law (OUP 2020).
10
Words of Carol Bellamy, Executive Director UN Children Fund.
C.P.L.A No. 2250-L/2016 5
in contact or in conflict with the law. In this case, we see no
jurisdictional error, illegality, or procedural irregularity in the
impugned order. Therefore, we are of the view that the impugned
order does not warrant any interference. Leave is, therefore,
declined, and this petition is dismissed.
Judge
Judge
Lahore,
19th December, 2024.
Approved for reporting
Iqbal/Umer A. Ranjha LC
