Last Updated on July 28, 2022 by rabiamuzaffar
Law of Guardian Certificate in Pakistan:
For guardian certificate in Pakistan, the Guardians and Wards Act of 1890 does not sufficiently view the mother in the automatic role of a guardian in the absence of the father. The view certainly seems to underlie the contingencies it provides for issuing guardian certificate in Pakistan. Even if there was ground for this assumption in the subcontinent of a century ago, the situation has long since changed. Today women often have no less a role than men in running homes and minding the children’s affairs. There is now an increasing number of households where they have to do it single-handed. These include close to 4 million unfortunate houses of drug addicts and about a million families of immigrant workers out in the Gulf States and elsewhere.
Similarly, widows are being supported less and less by extended families, and there are issues of guardian certificate in Pakistan. Their competence in what the men’s world used to be considered will increase with unfettered rights of ownership, control, and disposal of property. Given that, it is ridiculous, as well as burdensome, if the single-parent woman has to seek the intervention of the court every time she wants access to the money or property left to her children. This often leads to the compulsion of acquiring a male guardian for the children, which may not always be for the best.
It is rare that such guardians consistently have the good of children at heart nor this the earlier legal systems across the world recognized the father as the only natural guardian of the child definition, which she alone can truly qualify for “naturally,” Adherence to such is not only condescending but also humiliating to motherhood. Gradually this concept began to change. It is ironic to exclude the mother from such another issue that is becoming increasingly important. It is that of children being transported outside the jurisdiction of Pakistan in contravention of court custody orders or without a guardian certificate in Pakistan.
The law should prescribe a ten-year sentence where such cruelty leads a woman to suicide. 4-Section 174(3) of Code of Criminal Procedure, 1898 be amended to empower the police to investigate and report cases of unnatural or suspicious deaths of women. The following situations are to be specifically covered: involving suicide by a woman within seven years of her marriage, b) death of a woman in any circumstances causing a reasonable suspicion that some other person committed the offense concerning Such woman. A new section 198-A be added to the Code of Criminal Procedure, 1898 1o provides that no court shall take cognizance of an offense punishable under section 498-A of the Pakistan Penal Code, 1860 unless the complaint is made by the aggrieved person or a close relative or the guardian or a neighbor of the aggrieved person.
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