Dr. MUHAMMAD ASIF vs Dr — 2026 PLD 238 SUPREME-COURT

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Dr. MUHAMMAD ASIF VS Dr. SANA SATTAR. S. 17---United Nations Convention on the Rights of the Child (UNCRC), 1989, Arts. 3 & 12---Phrases "welfare of minor" and "best interests of the child"---Harmonizing two phrases---Phrase "welfare of the minor" can no longer be confined to its colonial-era meaning---Instead, it must be enriched by the modern, internationally recognized concept of "best interests of the child", as codified in Article 3 of the United Nations Convention on the Rights of the Child, 1989, to which Pakistan is a State Party---Standard of "welfare" is not static; it is a living standard that encompasses a child's emotional, psychological, cultural, and developmental needs, extending far beyond material well-being or parental preference---Right of the child to be heard, as guaranteed by Article 12 of the United Nations Convention on the Rights of the Child, 1989, must also be read into the application of Section 17 of the Guardians and Wards Act, 1890---Any genuine assessment of the child's welfare or best interests is incomplete without ensuring the child's meaningful participation in the proceedings, appropriate to their age and maturity---By interpreting Section 17 of the Guardians and Wards Act, 1890 in such a harmonized manner, consistent with both international obligations and constitutional values, Courts affirm that the provision requires not only an objective inquiry into what serves the child's welfare but also a procedural obligation to hear the child and give due consideration to their voice---Such interpretive approach ensures that even a law as old as the Guardians and Wards Act, 1890 remains a relevant and effective tool for delivering justice that is sensitive to the rights and realities of children today---To interpret it otherwise would be to render the statute obsolete, unfit for the constitutional and child-rights-informed present.

Dr. MUHAMMAD ASIF vs Dr — 2026 PLD 238 SUPREME-COURT

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