At an event in Islamabad on children’s rights, Supreme Court Justice Mansoor Ali Shah voiced his frustration over his exclusion from the constitutional bench.
The constitutional bench, reshaped after recent judicial reforms, now handles pivotal cases. Justice Shah highlighted the role of interpreting laws, particularly Article 11(3) of the Constitution, which deals with children’s rights. He pointedly remarked to his colleague, Justice Jamal Khan Mandokhail, “I can no longer interpret laws, but you can.”
Justice Shah apologized for reiterating his concerns, stating, “I am sorry to keep bringing this up, but what can I do? I am unable to provide this interpretation.” His repeated mentions underscore the gravity he places on judicial involvement in safeguarding children’s rights. He stressed that children are not only the future but a crucial part of the present, deserving prompt and just attention.
Justice Shah encouraged his fellow judges to prioritize listening to children’s voices in court, emphasizing the importance of hearing from the young ones directly since parents typically dominate the discourse. He advocated for integrating children’s perspectives into decision-making processes, ensuring their rights and voices receive respect in legal settings.
He also advocated for the establishment of child-friendly courts across the country. These courts would expedite cases involving children and tackle urgent issues like cyberbullying, forced conversions, and corporal punishment in schools. Justice Shah highlighted the lack of facilities for children with special needs as a pressing concern that needs immediate address.
Justice Shah lamented the prevalence of outdated practices such as child marriages and harmful customs like “Vani,” which continue to affect many children across Pakistan. He underscored the urgency of judicial reform, stating, “Our justice system must do more for children they are more important to us than ourselves.”
Justice Shah has actively discussed the implications of the constitutional bench and Constitutional Amendment. The Judicial Commission of Pakistan determined the current configuration of the apex court’s constitutional bench through a close 7 to 5 vote, which excluded him from participation. Recently, he also advocated for suspending a Judicial Commission of Pakistan meeting until they resolved the issues with legal adjustments. He emphasized the importance of these discussions as they significantly influence the legal framework that protects rights, especially children’s rights.
