During the petition filed for the ban on torture and corporal punishment of children in Islamabad High Court, Justice Athar Minallah remarked that all instances of violence against children are due to non-adherence to Islamic teachings.
Chief Justice of the Islamabad High Court, Athar Minallah heard the petition to stop violence against children.
At the hearing, petitioner Shehzad Roy appeared with his lawyer while Federal Minister for Human Rights Sherin Mazari was also present in the court.
Appreciating the presence of Shireen Mazari, the Chief Justice Islamabad High Court said that the court was very impressed with Shireen Mazari and he was not called.
Justice Athar Minallah inquired whether laws on violence against children were being implemented in some provinces?
Shehzad Roy's lawyer told the court that legislation was put in place to stop violence against children in Khyber Pakhtunkhwa and Sindh.
At which the Chief Justice of the High Court inquired, what is the problem with the federal government then? In response, the Interior Ministry said that no case of violence against children was reported in the capital.
Justice Athar Minallah remarked that the complaint occurs when there is a major loss, what made the legislation to curb violence against children? It is the job of the federal government and the case is about human rights.
Shirin Mazar said that the law of the ministry has said that it is not your jurisdiction, our ministry fully supports the request to stop violence against children and Prime Minister Imran Khan has also fully supported the prevention of violence against children.
Shireen Mazari said the Interior Ministry had sent a bill to stop the violence against children to the Islamic Ideological Council, which has objected to the bill.
Justice Athar Minallah remarked that Islam teaches human dignity, not violence.
According to the report of Inspector General (IG) Islamabad, no application against corporal punishment has been brought to the school till now.
Chief Justice Athar Minallah remarked that the mentality of punishing children should change the mindset, which is the basis of other crimes against children.
Shireen Mazari said that the federal cabinet has approved the bill.
Justice Athar Minallah said that it was a matter of human rights and the work of the federal government.
Shehzad Roy took a stand in the court that the physical punishment of the children resists section 89, that he was punished with good intentions, therefore the court should reject section 89 of Pakistan.
Chief Justice Islamabad High Court remarked that Article 14 of the Constitution calls for ensuring the protection of children and even if there is no law, children cannot be touched.
Justice Athar Minallah said that he did not understand why the Interior Ministry sent good legislation to the Islamic Ideological Council. The Islamic Ideological Council opposed the bill to stop violence against children without citing Islamic teachings.
Shireen Mazari requested that the court consider violence and corporal punishment of children as a violation of fundamental rights and constitution.
Justice Athar Minallah remarked that all incidents of violence against children are due to non-compliance with Islamic teachings as a society we do not follow Islamic teachings.
The court further said that changing the mindset by not harsh punishment could prevent violence against children.
The court further said that the federal cabinet has passed a bill to curb violence against children in March 2019 and the government can send a bill to curb violence against children.
The court directed the law ministry to appoint an officer who would explain why the bill had not been sent to Parliament yet.
Justice Athar Minallah said that on the next date, the court will decide on the petition to stop violence against children.
Later, the Islamabad High Court adjourned further hearing till March 12, seeking a response from the Law Ministry on March 12 on the bill to stop violence against children.