LHC hands over Christian minor to her parents

LAHORE: The Lahore High Court (LHC) has allowed the recovery of an underage Christian maid from her employer and handed her over to her parents as a court expert argued the child was presumed to have her father’s religion until she attains the age of maturity.

Justice Tariq Saleem Sheikh heard a habeas corpus filed by Nasira Bibi for the recovery of her daughter, Muskan, from a Sargodha-based family on Friday.

At the outset of the proceedings, Muskan was produced before the court by the respondent — her employer — in response to court notices issued on the last hearing. The respondent’s counsel told the court that the child embraced Islam and she wanted to live with her employer. He pleaded with the court to allow the girl to live with her employer.

At this, the court inquired how a child under 15 years of age could be employed in a household work in violation of Section 3 and 31 of the Punjab Domestic Workers Act 2019. Subsequently, the court handed over the girl to her parents while observing that the employer could not keep her in illegal custody. Amicus curiae Advocate Sheraz Zaka also assisted the court during the proceedings and submitted that a child below 15 years could not be employed as a domestic worker as enumerated in Punjab Domestic workers Act 2019.

He further argued that the child was presumed to have her father’s religion until she attains the age of maturity and becomes intelligent enough to form an opinion according to her conscience, as per judgments of the superior courts.

The petitioner, through her petition, pleaded with the court for recovery of her daughter from the employer. She submitted that her daughter was 14-and-a-half-years old and she was employed as a domestic servant with the Sargodha-based family.She submitted that the employer kept her daughter in illegal custody and she was not being allowed to meet her daughter.