Chief Justice proposes changes in law to end Vani.

[Kompromat]

CJ calls for change in law to stop Vani

(2 hours ago) Today
By Nasir Iqbal | From the Newspaper

ISLAMABAD: The Law and Justice Commission will suggest amendments in the law to check the practice of offering girls and women in marriage to settle feuds between two tribes on the intervention of jirgas and panchayats.

A meeting of the commission, chaired by Chief Justice Iftikhar Mohammad Chaudhry at the Supreme Court building here on Saturday, took a serious note of the practice of Badal-i-Sulha (compensation for compromise) in rural areas.

The chief justice said there was a need for fresh legislation on issues related to public importance and bringing the existing ones into accord with the changing needs of society.

He stressed the need for simplification of laws for easy comprehension and removing inconsistencies. Justice Iftikhar urged that legislation should be made after due process as provided in the Constitution.

He said: “The system of administration of justice revolves around the provisions of Constitution which provides safeguards for fundamental rights of the citizens; therefore, it is incumbent upon all the institutions to adhere to the provisions of Constitution in discharging their functions.”

Although Pakistan ratified UN Convention on the Rights of Child in 1990 that prohibits child marriages, it seldom honours the commitment and girls are commonly offered into marriage either in exchange for money because of extreme poverty or for settling disputes with the exchange of girls known as vani or swara and the use of girls as compensation for crimes.

The official announcement issued by the commission did not specify the provisions of law proposed to be amended, but legal experts were of the view that it was talking about the Child Marriage Restraint Act, 1929, which suggests simple punishment of one month or more with a very meagre amount of fine, and some amendments in the Pakistan Penal Code.

The amendments to be suggested would focus more on introducing stringent punitive actions against those involved in the heinous crime against women.

Advocate Naseer Ahmed Chaudhry when asked to comment was not approved of bringing any amendment in the law and said it was the failure of the authorities concerned to take notice of infraction in laws because of their laidback attitude in strict implementation of regulations.

The commission also examined proposals for the repeal of Federal Court Act, 1937, and recommended that the enactment being redundant should be repealed.

The Government of India Act, 1935, had envisaged for the first time the concept of the federal court that had the jurisdictions to decide matters in dispute between the central government and the states (provinces) then. Thus the federal court was constituted in 1937 with Sir Mauris Gwyer being the first chief justice of the federal court of India.

After the creation of Pakistan, a similar federal court was constituted and the jurisdiction exercised by the Privy Council in relation to appeals coming from the high courts was conferred to the federal court by enacting the Privy Council (Abolition of Jurisdiction) Act, 1950, by the constituent assembly of Pakistan.

The federal court continued to function till 1956 when the first constitution of Pakistan was adopted and the Supreme Court of Pakistan (SCP) was created while the jurisdiction exercised by the federal court was conferred on the SCP. Thus the federal court act becomes a dead letter.

CJ calls for change in law to stop Vani | Newspaper | DAWN.COM


Awesome work.

 

[Emmie]

Wrong section I reckon..

 

[Kompromat]

Wrong section I reckon..

so what is the "right" section ?

 

[macnurv]

Great move CJ. Once again GOP is no where seems to be interested in amending the law. Its the job of our elected representatives. Oh wait who am I kidding those idiots will never do such thing cause most of them are feudal morons.

 

[muse]

Making and amending laws is the purview of the legislature, not the judiciary - but of the CJP knows no boundaries - maybe someone will be compelled to to insist on each branch of the government acting within their area of responsibility.

 

[Emmie]

so what is the "right" section ?

This article covers a social issue. There's a different section on PDF assigned to discuss such issues.

 

[Martian]

Making and amending laws is the purview of the legislature, not the judiciary - but of the CJP knows no boundaries.

Muse, are you really a think tank? you are commenting here with our reading the article. Criteria for designating Think Tanks at PDF need overhauling.

From the article:
"The chief justice said there was a need for fresh legislation on issues related to public importance and bringing the existing ones into accord with the changing needs of society."

Here CJP is advising Legislature to amend/pass necessary laws. CJP/Supreme court cannot make/amend laws.

 

[pak-marine]

Muse, are you really a think tank? you are commenting here with our reading the article. Criteria for designating Think Tanks at PDF need overhauling.

From the article:
"The chief justice said there was a need for fresh legislation on issues related to public importance and bringing the existing ones into accord with the changing needs of society."

Here CJP is advising Legislature to amend/pass necessary laws. CJP/Supreme court cannot make/amend laws.

Although its a good call however I think muse is right here , the legislators apointed by the people should propose and debate amendments in laws , CJP should only worry about implementation , its not his jurisdiction.

 

[Mabs]

Making and amending laws is the purview of the legislature, not the judiciary - but of the CJP knows no boundaries - maybe someone will be compelled to to insist on each branch of the government acting within their area of responsibility.

I was just waiting for you to come and say something utterly pessimistic and obtuse. You just love making utopic statements regardless of how good they are for the society, don't you?

 

[Safriz]

This "Uncle sargam" lookalike seems to poke his nose in pretty much everything..Isnt lawmaking the job of elected assemblies?
He can present a suggestion,but he isnt the person to "Make" laws.

 

[Mabs]

This "Uncle sargam" lookalike seems to poke his nose in pretty much everything..Isnt lawmaking the job of elected assemblies?
He can present a suggestion,but he isnt the person to "Make" laws.

That's why he proposes a law change. If you have such a huge issue, why don't you get out on the streets and force the legislature to make a change ?

 

[z9-ec]

Only in Pakistan would the judiciary interfere in legislative matters.

Completely out of his jurisdiction. Such judicial activism is detrimental to Pakistan's interests.

That's why he proposes a law change. If you have such a huge issue, why don't you get out on the streets and force the legislature to make a change ?

It is not the job of the judiciary to suggest or propose any legislation. That's the job of parliamentarians. It's jurisdiction is restricted to implementation.

 

[Safriz]

That's why he proposes a law change. If you have such a huge issue, why don't you get out on the streets and force the legislature to make a change ?

I am annoyed by his continuous "I am it" behavior...Hes more of a trouble maker than anything else.

 

[Mabs]

Only in Pakistan would the judiciary interfere in legislative matters.

Completely out of his jurisdiction. Such judicial activism is detrimental to Pakistan's interests.



It is not the job of the judiciary to suggest or propose any legislation. That's the job of parliamentarians. It's jurisdiction is restricted to implementation.

Judiciary's job is to interpret and not implement. That also falls under the purview of the executive but when executive does not do what it's supposed to, then someone fills the vacuum-- be it the military or the judiciary.

Executive's failure is also our failure because it's we the people who elect them, and it's our job to pressurize to do what needs to be done. Before you start pointing fingers, do what you are supposed to. Get out there and start protesting until the law is reformed.

 

[Mabs]

I am annoyed by his continuous "I am it" behavior...Hes more of a trouble maker than anything else.

He wouldn't be doing that if the executive did what it was supposed to. Read my reply to z9-ec for a better understanding.