MUNEEBA ZAHID (MINOR) through Muhammad Zahid vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Pesh

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MUNEEBA ZAHID (MINOR) through Muhammad Zahid VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.3---Constitution of Pakistan, Art.199---Constitutional petition---Preventive health legislation, challenge to---Pre-marital medical screening for thalassemia and hepatitis-C made mandatory---Nevertheless test results declared not to affect validity of marriage---Legality, scope and effect---Briefly, the petitioner, a minor girl represented through her father, filed a constitutional petition before the High Court challenging the application of S.3 of the Khyber Pakhtunkhwa Preventive Health Act, 2009, which required 'nikah registrars' to obtain, retain and maintain premarital screening reports for thalassemia and hepatitis-C for a prescribed period---Pivotal question for determination before the High Court was as to "whether S.3(ii) of the Khyber Pakhtunkhwa Preventive Health Act, 2009, mandating premarital screening for thalassemia and hepatitis-C while declaring that the test results had no effect on the validity or solemnization of marriage, was constitutionally valid, or whether such provision defeated the object of preventive health and warranted interference under Art.199 of the Constitution?"---Held: Although the relief to declare S.3(ii) as ultra vires was declined, High Court noted that the existing framework required substantial reform---Deficiencies were to be addressed through participatory legislative processes and evidence-based policymaking---While it was not the function of the High Court to legislate, it was incumbent upon it, as the guardian of constitutional values, to draw attention to legislative deficiencies that impaired the fulfilment of fundamental rights---It was, therefore, recommended to the government to form a multi-stakeholder task force including medical professionals, legal experts, patient advocacy groups, religious scholars, and civil society actors to comprehensively review the Act and propose amendments aligned with best practices and ethical norms---Such a task force was to also consider the implications of rapidly advancing biomedical technologies such as carrier screening, prenatal diagnostics, and emerging therapies---While the present petition was legally maintainable, the petitioner had nevertheless performed a valuable public service by initiating this dialogue---Constitutional petition was disposed of, in circumstances.

MUNEEBA ZAHID (MINOR) through Muhammad Zahid vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S — 2026 PLD 113 PESHAWAR-HIGH-COURT

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