Accepting the plea of President Lawyers for Human Rights and Legal Aid (LHRLA) Advocate Zia Ahmed Awan on Thursday, a six-member constitutional bench of the top court asked principal law officer to file a comprehensive report pertaining to federal and provincial governments measure taken for child rights protection in the country.
Expressing concern over data of child smuggling, trafficking and children rights violation, constitutional Bench of Justice Aminudin Khan, Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Syed Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan resumed the hearing of petition which Advocate Supreme Court Zia Ahmed Awan filed in 2017.
The Bench categorically asked Attorney General for Pakistan Mansoor Usman Awan to file a comprehensive report before the bench after convening meeting of all the provincial Advocate Generals, Chief Secretaries, Home Secretaries, Inspector General of Police and the petitioner for deliberation on protection of child rights in Pakistan one day before the next hearing of the case.
Making as many as 37 respondents in the matter, child and woman rights advocate Zia Ahmed Awan apprised the bench that there was no institutional arrangement on provincial government level to coordinate with other provinces about children kidnapping, trafficking and smuggling saying hundred of children reportedly missed from Mizar-e- Quaid Karachi, Barri Imam Islamabad and from other places. He urged the federal and provincial governments should take measures about the funds allocated for child protection efforts and how much is being spent on political purposes rather than child welfare.
Advocate Awan also calls for a concerted national strategy to address child trafficking, kidnapping, and exploitation, including the creation of stronger provincial action plans and improved inter-agency coordination.
During hearing of the plea, the bench expressed concern over the rise in child abductions, particularly in Quetta, where protests have erupted following the disappearance of a child. Attorney General for Pakistan also submitted saying it is an issue of national importance where he will personally take intrest to devise a startegy to address the issue.
A member of the bench Justice Jamal Mandokhail expressed concern over the failure to recover the missing child in Quetta, saying despite the city being paralysed by protests for six days, the government seemed in-active. He pointed out that even schoolchildren in Quetta had taken to the streets in protest.
Responding to report of Advocate General Khyber Pakhtunkhwa, Justice Musarrat Hilali raised questions over authenticity of the report where it was apprised that there is zero cases of sex trafficking in KPK. She questioned how such a claim could be made when the issue remains rampant. Addressing to Zia Ahmed Awan, Justice Hilali expressed that Mr. Awan is well known with the facts.
Justice Muhammad Ali Mazhar observed whether any provincial body or commission was working on the issue of missing children, particularly in light of the 18th Amendment, which granted more powers to the provinces.
Justice Mandokhail noted that the entire province of Balochistan had been shut down due to the abduction, but the government seemed unconcerned. He further criticized the lack of preparation by government lawyers on this crucial issue. The bench was also informed that a committee formed by the Supreme Court on child abductions had not taken any concrete actions since its establishment in 2018. The petitioner claimed that the committee had never actually been constituted. In response, the Additional Advocate General of Balochistan promised to submit a report on the matter.
Justice Muhammad Ali Mazhar observed that the court did not require mere reports but tangible actions to address child abductions whereas Justice Mandokhail called for a broader inquiry into the situation, questioning as to why the authorities were not taking more substantial measures to curb child abductions.
The bench also scrutinised the role of law enforcement agencies, with Justice Mandokhail questioning the role of the Frontier Corps (FC) in social welfare efforts despite the large expenditures allocated to them. Justice Hassan Azhar Rizvi pointed out that children in Karachi were seen begging at traffic signals, raising further concerns about child welfare.
Justice Ameenuddin Khan also expressed his dismay at the international issue of Pakistani beggars being sent abroad, calling it an embarrassment for the country. Subsquently, the top court adjourned hearing of the matter till November 28.
