The Minors Rights of children must receive stronger judicial protection, the Federal Constitutional Court (FCC) has ruled, issuing detailed guidelines for civil and revenue courts across Pakistan.

In a 20-page judgment, FCC Chief Justice Aminuddin Khan directed judges to exercise greater scrutiny in all proceedings involving a minor’s person, property or inheritance rights. The ruling requires courts to follow all legal safeguards before issuing any order that could affect a child’s interests.

The chief justice wrote the judgment while hearing a case concerning the protection of minors’ rights.

The court said protecting a minor’s property is both a constitutional and statutory duty. It added that Islamic jurisprudence also requires courts to safeguard children’s property and inheritance rights.

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The judgment noted that the Constitution requires all laws to conform to Islamic injunctions. It said judges should keep those principles in mind when interpreting laws relating to minors.

The ruling also cited the Holy Qur’an, saying it repeatedly instructs believers to protect the property of minors, especially orphans, and strongly condemns unlawful deprivation or exploitation.

A three-member bench, led by Chief Justice Aminuddin Khan, directed courts to determine at the earliest stage whether any party in a case is a minor.

The bench also instructed courts to appoint a guardian ad litem in accordance with Order XXXII, Rule 3 of the Civil Procedure Code (CPC). Judges must first ensure that the proposed guardian has no conflict of interest with the child.

The court ruled that judges must not approve any compromise, admission, concession or consent affecting a minor’s rights unless they record reasons showing that the arrangement is lawful and clearly serves the child’s best interests.

The judgment also requires courts to ensure full compliance with Order XXXII, Rule 7 of the CPC before approving any settlement involving a minor.

Where a settlement involves a minor’s property or inheritance rights, judges must also follow the Guardians and Wards Act, 1890. They must obtain prior permission from the competent Guardian Court whenever the law requires it.

The FCC further directed courts to closely examine any compromise involving an illiterate, parda nasheen or otherwise vulnerable person acting on behalf of a minor.

The bench instructed judges to remain alert to any conflict of interest between a guardian and a child. If a conflict exists, courts must appoint another suitable guardian under the law.

The judgment also warned courts against deciding cases involving a minor’s property or inheritance rights in undue haste. It said every order should clearly show that the court independently considered the child’s welfare and best interests.