ABDUL JABBAR KHAN BANGASH vs FEDERATION OF PAKISTAN through Secretary Cabinet Division Ss

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ABDUL JABBAR KHAN BANGASH VS FEDERATION OF PAKISTAN through Secretary Cabinet Division Ss. 11 & 12---Islamabad Capital Territory Local Government Act (X of 2015), Ss. 3 (3)(4), 71 & 73---Islamabad Land Disposal Regulations, 2005, Regln. 3 (3)---Convention on the Rights of Child, Art. 18---Universal Declaration of Human Rights, Art. 25 (2)---International Convention on Economics, Social and Cultural Rights, Art. 10(2)---Constitution of Pakistan, Arts.37(e) & 199---Constitutional petition---Women and children rights---Daycare centers, establishing of---Residential building---Scope---Dispute was with regard to establishing daycare centers in residential buildings in residential areas---Validity---Status of daycare facility on any residential building as well as its related business activity cannot be considered legally justified to run such facility by any individual---Daycare facility under Regln. 3(3) of Islamabad Land Disposal Regulation, 2005, falls within the concept of community buildings like Educational Institution, Hospitals, Dispensaries, Maternity Homes etc.---Capital Development Authority is custodian of any scheme under Ss. 11 & 12 of Capital Development Authority Ordinance, 1960, and is empowered to include daycare facility/center in the Islamabad Land Disposal Regulation, 2005, in accordance with their Board decisions by settling criteria of such plot, if such plot has been provided by Capital Development Authority, thereafter the step should be taken by Metropolitan Corporation Islamabad in terms of powers conferred under S. 73 of Islamabad Capital Territory Local Government Act, 2015, which deals with the functions of Metropolitan Corporation to recognize daycare service/facility/profession---State is under obligation to consider Conventions on the Rights of Child (CRC), Universal Declaration of Human Rights (UDHR), International Covenant on Economic, Social and Cultural Rights (ICCPR), Convention on Elimination of All Forms of Discrimination against Women (CEDAW)---All such conventions have been ratified by the State of Pakistan and have to given effect in shape of separate legislation or in shape of policy under Art. 37(e) of the Constitution---Labour Policy, 2010, acknowledges application of ILO conventions in which international labor standards provide daycare center/childcare facility in every residential area, establishment, office, organization, company as well as in the judicial hierarchy including District Courts, High Courts, etc., where such facility has to be provided accordingly so that all working parents, especially, the rights of mother and the child are given protection---High Court directed Federal Government to take all necessary steps for establishment of childcare facility in public and private institutions within Islamabad Capital Territory---Constitutional petition was disposed of accordingly. Citation Name: 2023 PLD 209 ISLAMABADBookmark this Case ABDUL JABBAR KHAN BANGASH VS FEDERATION OF PAKISTAN through Secretary Cabinet Division Literal rule---Scope---Literal rule applies where words and phrases used in statute should be read keeping in view their plain meaning.

ABDUL JABBAR KHAN BANGASH vs FEDERATION OF PAKISTAN through Secretary Cabinet Division Ss — 2023 PLD 209 ISLAMABAD

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