Courts must prioritise best interests of child: SC

ISLAMABAD: The Supreme Court has held that as the custodians of justice, the courts must adopt a child justice approach that prioritizes the best interests of the child, recognizing their vulnerabilities, developmental needs, and potential.

A two-member bench of the apex court - comprising Justice Syed Mansoor Ali Shah and Justice Ayesha A Malik - dismissed a petition, challenging the verdict of Lahore High Court (LHC). "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," says a five-page judgment, authored by Justice Syed Mansoor Ali Shah. As per the case, Malik Moazam Mahmood, the respondent child following the divorce of his parents in 2009 and subsequent death of his mother, filed a suit for maintenance through his maternal grandmother against his father Malik Mahmood Ahmed Khan ("petitioner"). The trial court decreed the suit, fixing the maintenance allowance at Rs5,000/- per month, effective from November 2009 until the respondent attained the age of majority, with a 10% annual increment, vide judgment dated 21.09.2015. Feeling aggrieved, the petitioner appealed the additional district judge, Lahore, which was dismissed as non-maintainable vide order dated 17.10.2015. Subsequently, the petitioner challenged the judgment in the Lahore High Court, Lahore which was dismissed in limine vide order dated 11.05.2016 ("impugned order"). Justice Mansoor Ali Shah held that the Constitution of Pakistan, 1973, provided 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. "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," the court.

It further said by prioritizing children's best interests in judicial decisions, the judiciary could 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," says the judgment.

The court held that Article 35 obliged 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," says the judgment. The court further held that as a signatory to the United Nations Convention on the Rights of the Child ("UNCRC") in 1989, Pakistan was under an international obligation to take special measures to protect and rehabilitate children who come into conflict with the law. The court noted that the UNCRC provided 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. "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 in contact or in conflict with the law," says the judgment. "In this case, we see no jurisdictional error, illegality, or procedural irregularity in the impugned order; therefore, we are of the view the impugned order does not warrant any interference and leave is therefore, declined and this petition is dismissed," the judgment concluded. The bench had heard case on Dec 19, 2024.