Zubair Qureshi
The Islamabad High Court (IHC) on Thursday expressed wonder why the federal government sent draft of a simple legislation on banning corporal punishment in schools to Council of Islamic Ideology (CII) for its input.
Despite the fact Federal Cabinet approved the draft in March 2019 – the relevant bill was not brought to the Parliament and now it is waiting for a go-ahead signal from the supreme Islamic advisory body of the country to be tabled in the Parliam-
ent.
While hearing a petition by singer-turned-child rights activist Shehzad Roy, Chief Justice of IHC Athar Minallah directed the law ministry to appoint an officer to determine the reasons behind the delay and submit reply on March 30.
Roy’s counsel earlier informed the court that lawmaking had been done in Khyber Pakhtunkhwa (KP) and Sindh to stop violence against child-
ren.
Federal Minister for Human Rights Dr Shireen Mazari on this occasion informed the Court that the cabinet had approved the bill to ban corporal punishment for children, adding that the same would be introduced for debate and passage by the Parliam-
ent.
Justice Minallah inquired why the federal government was reluctant to enforce laws when provinces had already introduced legislation to stop violence against children.
Responding to the court’s queries, Mazari confirmed the federal cabinet had approved the bill and it had to be sent to Parliament now. “What is the problem with the federal government then?” questioned Justice Minallah.
Mazari told the court that while her ministry “fully supports” Roy’s petition, the “law ministry said it is out of our ministry’s jurisdiction”.
It is the “job of the federal government and it is a human rights issue”, remarked Justice Minallah.
Explaining why the bill had not been tabled in Parliament despite being okayed by the cabinet, Mazari said ministry of interior had sent the bill to the Council of Islamic Ideology (CII) and the council had “raised objections” on it. He further remarked that he could not “understand why the interior ministry had sent good lawmaking to the council for approval”.
The court observed that the CII had objected to the bill “without citing relevant Islamic teachings” and violence against children were prohibited in all religions including Islam.
The mindset of punishing children physically must be changed. It is this mindset that becomes the foundation for violent crimes against children,” the chief justice observed.
“Even if a law does not exist to protect them, physical punishment of children cannot be allowed,” Justice Minallah
said.
Last month IHC had suspended section 89 of the Pakistan Penal Code (PPC) that allows for the use of corporal punishment by parents, guardians and teachers “in good faith for the benefit”.
Section 89 of the Pakistan Penal Code (PPC) will, however, is suspended only in the Islamabad Capital Territory.
In its written order, the court had noted that “corporal punishments are not in consonance with the constitutionally guaranteed right of inviolability of dignity notwithstanding section 89 of the Pakistan Penal Code, 1860.”
