Country Director Save the Children U.K Child Protection Coordinator. Mubashir Nabi Programme Manager Operations.
Mubarik Maman. Child Protection Coordinator.
I am privileged to speak on topic of “Policy and Legal Aspects of Child Abuse in AJ&K”. Children are considered as one of the most vulnerable group of society. A child needs adequate protection from all sorts of abuses including physical, psychological and social abuses and without legal cover such protection would not yield result. In Azad Jammu and Kashmir we have following specific laws for children, which deal child related issues and also general laws, which also provide legal protection beside specific laws to children. 1. Guardian and Ward Act, 1890.
2. Child Marriage Restraint Act, 1929.
3. Azad Jammu and Kashmir Juvenile Justice System Act, 2003. 4. Punjab Juvenile Smoking Act, 1918.
5. Employment of Children (Adaptation) Act, 1986.
6. Majority Act, 1975.
1.Guardian and Wards Act, 1890: -
This law was adopted in AJK in 1959. Under the provisions of this Act, court has to give preference to the best interest and welfare of the child. This provision is in line with Islamic Law. Custody of a child who has not attained the age of 7 years and that of a girl who has not attained puberty is to remain with the mother. This is the presumption which court will adopt but it can be rebutted like where father have proved that the mother for certain reasons has become unfit to look after the child and custody may be awarded to the father. Maintenance is also responsibility of the father depending on his income. In appointing guardian the personal law to which the child is subject and the welfare and best interest of the children will always guide the court.
2.The Child Marriages Restraint Act, 1929:-
This Act prohibits the...