THEY are all around us: hundreds of children in Pakistan`s towns and cities, some left in Edhi cradles or outside hospitals, most having to fend for themselves on the streets. Yet for even those fortunate enough to fall within the ambit of the few organisations, such as the Edhi Foundation, that match abandoned children with prospective guardians, the laws are not kind. The first bureaucratic hurdle faced is the lack of a provision in the Nadra Database Registration Authority`s system for legal guardians — as opposed to biological parents — of minors, when they apply for the registration of the child as a new family member. As such, it is a welcome step that the Sindh High Court on Wednesday observed that abandoned children had to be brought into the fold of constitutional protection. The court was hearing a petition seeking the inclusion of a column for legal guardians in the computerised identity card system. The petitioner has claimed that the omission amounts to a contravention of multiple articles of the constitution.
Such focus on the rights of children shorn of their identity is long overdue. Legal frameworks must be worked out to cover guardianship situations. It is important that these be developed alongside the realisation that any misstep could lead to such children being further marginalised. A Nadra provision for children in guardianship is essential, of course, but identity documents that delineate biological parents from guardians could expose the individuals to stigma. What Pakistan needs is a complete revision of the laws concerning such situations to allow adoption in its truest sense. There are hurdles, such as the effect on inheritance laws and possible concerns on the basis of religion. Yet there is no reason why laws cannot be framed taking into account all such factors, to produce legislation that is modern, fair and rights-oriented.dawn
