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P L D 2000 LAHORE 449

THE STATE

V/S

ABDUL MALIK alias MALKOO

Per Tassaduq Hussain Jilani, J.

(a) Constitution of Pakistan (1973) Articles 19, 34 & 35

As proponents of Islamic faith which lays special stress on the welfare of family and child, as a Member of the United Nations and in accord with the afore-referred mandate, it is our religious, moral and Constitutional duty to bring the required legislative and structural changes to honour our commitments to the rights of the child and the family. There is need to suitably amend the penal law with a view to make certain acts/wrongs against the children punishable. There is need to create socio-economic institutions to fully realize the objectives of the International Convention. There is a need a give a new and a fair deal to the child. We hold that clause (c) of section 6 of the Anti-Terrorism Act, 1997 appears to have been drafted in haste and the expression “child molestation” in its various connotations have not been defined and no punishments have been prescribed for other forms of child molestation. We, therefore, direct that a copy of this judgment shall be sent to the Secretary Law, Government of Pakistan, Islamabad to examine the desirability of some affirmative action in the light of the observations made in paras. 11 to 16 above.[p. 457]C.

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