LHC summons Punjab govt, Pemra officials on PECA pleas
The Lahore High Court (LHC) on Wednesday summoned representatives from the Punjab government and the Pakistan Electronic Media Regulatory Authority (PEMRA) regarding petitions filed against the controversial Prevention of Electronic Crimes Act (PECA) 2025.
Justice Farooq Haider presided over the hearing, where the federal government submitted its responses to the petitions. However, the Punjab government and PEMRA failed to provide their replies, drawing the court's criticism, Express News reported.
During the proceedings, a lawyer representing the Pakistan Telecommunication Authority (PTA) requested additional time to submit their response, but Justice Haider warned that the law would take its course if the court's queries remained unanswered by the next hearing.
The court adjourned the hearing until March 13, 2025.
The government strengthened Peca with new amendments to tackle fake news and unlawful online content. The proposed Electronic Crimes Prevention (Amendment) Act 2025 introduced severe penalties, including up to three years in prison and fines of Rs2 million for spreading disinformation.
Last week, PPP Chairman Bilawal Bhutto Zardari has said that the original draft of the recent amendments to Pakistan Electronic Crimes Act (Peca) was very strict, but his party suggested many changes to dilute it, Express News reports.
In an interview after addressing the Oxford Union, the PPP chairman stated that the PPP has always been against the original draft of Peca law, adding that former prime minister Imran Khan was the first to try such a harsh legislation.
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Express Tribune
a day ago
- Express Tribune
The age of consent & the borders of belief
Child rights organisations and advocates, along with concerned citizens, have warmly welcomed the passage of recent legislation on child marriages, describing it as a landmark step toward protecting the rights and well-being of children. 'The passage of the ICT Child Marriage Restraint Act, 2025 is a defining moment for Pakistan. This legislation affirms our national commitment to protecting children—particularly girls—from harmful practices that rob them of their childhood, health, and future. By setting 18 as the minimum legal age for marriage, we are not only upholding constitutional and international obligations, but also empowering our girls to pursue education, opportunity, and leadership. We also call on the provinces of Punjab, Balochistan and Khyber Pakhtunkhwa to set the same precedent and harmonise their respective marriage laws in line with the rights and best interests of the child', Ayesha Raza Farooq, Chairperson of the National Commission on the Rights of Child (NCRC) said. 'While every piece of legislation leaves room for future improvement which may be addressed sometimes in the rules and sometimes through further amendments, this Act sets a strong precedent in curbing the menace of child marriage," explained child rights expert Syed Miqdad Mehdi. The enactment of the ICT Child Marriage Restraint Act, 2025 marks a significant step forward in the protection of children's rights in ICT. It is a comprehensive legal framework that not only criminalises the practice by making it a cognizable offence, but also rightly categorises it as a form of child abuse and trafficking, aligning with both national and international child protection standards. It is hoped that this landmark legislation will serve as a model for other territories, especially Punjab, Khyber Pakhtunkhwa and Balochistan, to follow it and strengthen their legal response to this grave human rights violation'. The journey toward a safer, progressive and more equitable Pakistan begins with laws that protect its youngest citizens. Therefore, in order to restrain child marriages and protect the basic rights of children, it is expedient to enact a law for ICT. Prevalence of child marriages in Pakistan This act was passed to combat and eradicate the phenomenon of child marriages, which is highly prevalent in Pakistan. According to the Pakistan Demographic and Health Survey (PDHS) 2017-2018, 3.6 per cent of girls under the age of 15 are married off while 18.3 per cent of girls married off are under 18. However, Unicef reports 21 per cent of Pakistani girls are married by the age of 18, and three per cent before 15 years of age. In 2019, the World Health Organisation reported that 21 per cent marriages were being solemnised by the age of 18 years in Pakistan. According to a World Bank report, 18 per cent of girls in Pakistan marry before the age of 18 and 4 per cent marry before the age of 15. It further added that five per cent of boys in Pakistan marry before the age of 18. In 2020, 119 cases of child marriages were reported in the country, of which 95 per cent were of girls and five per cent were of boys, according to a report by Islamabad-based Sahil, a non-governmental organisation working for child protection. In Pakistan, there are various causes of child marriages, the most prevalent being insufficient legislation and lack of political will to ensure implementation of existing laws. There is a dearth of awareness among the public about the damaging effects of child marriages, especially within tribal and feudal societal structures, harmful practices, extreme poverty and illiteracy. Religious beliefs also enable this tradition. Moreover, child marriage often problematically coincides with conversion of religion. Mostly, Hindu girls in Sindh and Christian ones in Punjab are forcibly married to older Muslim men after forced conversions. Child marriage is a form of sexual abuse in which the child is subjected to assault and deprived of their childhood. It affects the psychological well-being and intellectual, personal and social growth of the child. Girls who marry are more likely to drop out of school than other girls. The earlier girls are married, the more children they tend to bear, which contributes to overpopulation. Child brides face greater pregnancy-related health risks and their babies are more likely to have health problems. The high rates of maternal and infant mortality in Pakistan are closely linked to early marriage. Younger girls are more likely to face domestic violence than women who marry later. Additionally, child marriage leads to poverty when it limits the earning ability for girls because of dropping out of schools and missing development opportunities in many cases. ICT Child Marriage Restraint Act, 2025 After the President's assent the Islamabad Capital Territory Child Marriage Restraint Act, 2025 became a law on May 29 and extends to the Islamabad Capital Territory (ICT) of Pakistan. MNA Sharmila Faruqi presented the bill in National Assembly and it was passed on May 16. Subsequently, Senator Sherry Rehman presented it in the upper house. Despite heated debate in the Senate with the JUI-F insisting on sending a draft to the Council of Islamic Ideology (CII), the bill was passed with a majority on 19th May. CII rejected this bill on its own saying it un-Islamic on May 27. The NCRC, a statutory body, overruled the concerns of CII on May 29 stating 'various Muslim-majority countries—including Tunisia, Jordan, Egypt and Morocco—have legislated minimum marriage ages aligned with international standards which means 18 for boys and girls, recognising the long-term harm caused by child marriage'. Interestingly, in 2023 the Federal Sharia Court in the context of Sindh Child Marriage Restraint Amendment Act 2013, gave their judgement that it is the prerogative of the state to set the minimum age for marriage. Salient features of the act According to the new act the age for both girls and boys is 18 years, which is a step forward to eliminate discrimination among children and to promote gender parity. If a parent or guardian permits child marriage or fails to prevent it, they will be punished with rigorous imprisonment of two to three years with fine. The contracting parties will provide Computerised National Identity Card (CNIC) by NADRA to the Nikkah registrar. If the person solemnising the Nikkah doesn't obey it, he will be punished up to one year of imprisonment and one hundred thousand rupees fine. The condition of CNIC will also be helpful in curtailing the phenomenon of forced conversion of minority girls to the majority religion, as it will decrease the chances on manipulating the age. If a male above eighteen years contracts a child marriage, his imprisonment will be two to three years along with a fine. Any form of cohabitation before the age of eighteen years in a child marriage is child abuse and the punishment for any person who induces, forces, persuades, entices or coerces any child bride or child groom to engage in cohabitation will be punished with 5 to 7 years of imprisonment or/and at least fine of a million. Any person who traffics the child from ICT for marriage purpose will be punished with imprisonment of 5 to 7 years with fine. The Court of District & Sessions Judge shall take cognizance of or try any offence under this Act. If anyone submits an application that a child marriage in contravention of this Act is going to be solemnised, after giving a notice, the court will issue an injunction prohibiting such marriage. If the applicant requests to keep his/her identity hidden, then the court shall adopt appropriate measures to protect their identity. An offence punishable under this Act shall be cognizable, non-bailable and non-compoundable. The case will be concluded in 90 days. With the passage of this new law, The Child Marriage Restraint Act, 1929 is repealed for ICT. What do other laws say? After 2010, the prevention of child marriages became a provincial subject. Sindh is the only province so far to have passed a law barring marriage under the age of 18. The Sindh Child Marriages Restraint Act, 2013 makes underage marriage a cognizable and non-compoundable offence. This means that the police can take action on their own to arrest offenders upon any information, and no private conciliatory deals can be made between families, communities or jirgas to bypass the law. The Punjab Marriage Restraint (Amendment) Act, 2015 still permits girls to be married at 16 while the legal age of boys is 18 years and above. Khyber Pakhtunkhwa and Balochistan continue to be governed by the 1929 Act where minimum marriageable age for girls in 16 years and for boys is 18 years. Furthermore, it is imperative to adhere to international conventions such as the UNCRC and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) where the minimum age for marriage is 18 years. Pakistan's commitment to these treaties necessitates taking proactive measures to combat child marriage and protect women's rights. Pakistan is obligated to align national laws with the ratified conventions and to implement these laws. The approval of the new law is at an important time when Pakistan's 6th and 7th combined periodic reports will be reviewed by the UN Committee on the Rights of the Child. This development will be observed positively by the Committee, as it shows Pakistan's inclination to satisfy earlier recommendations Under the UN Sustainable Development Goals (SDGs), countries around the world, including Pakistan, have pledged to end marriages before age 18 by the year 2030. Goal 5 of the SDGs focuses on gender equality and includes target 5.3 to end child marriages. What next? An inclusive set of legal, policy and administrative measures is required to combat child marriages in the country. The following steps are urgently required to save children from the nuisance of child marriage. The Federal Government should make rules for ICT Child Marriage Restraint Act, 2025 without wasting any time. The remaining provinces and territories should take action without delay in passing similar laws—ensuring that no child is subjected to the injustice of child marriage. The Christian Marriage (Amendment) Act, 2024 has been passed in the National Assembly and its current jurisdiction is limited to ICT. All the Provincial Assemblies should immediately submit a resolution as per Article 144 of the Constitution of Pakistan and adopt it in their respective provinces after due process. The Hindu Marriage Act 2017 was promulgated under Article 144 of the Constitution of Pakistan and is applicable in ICT, Punjab, Balochistan and Khyber Pakhtunkhwa. Province Sindh has its own law. The age of marriage is 18 years and above according to these laws. Minorities' Personal Laws override the related laws of the respective territories, provinces where the marriageable age of the girl child is sixteen years, will not be implemented to Hindu girls. Just administrative measures are required for the implementation. For implementation of the Punjab Sikh Anand Karaj Marriage Act 2018 a set of administrative measures is required. A vibrant local government system should be in place to work with Anand Karaj Registrar and the Sangat to register the marriage. Local government bodies must be empowered to ensure that legal safeguards are implemented in letter and spirit. Special safeguards will be needed for any out-standing victims of child marriage. Their protection, privacy, confidentiality, restitution, trauma healing, rehabilitation and fair legal participation must be prioritised. There must be pro bono legal facilities and expedited procedures before, during and post-trial. The state and government personnel (judges, police, medical officers, etc.) involved during the reporting, investigation and prosecution of child marriage cases should be sensitised and held accountable on the issue. All human rights institutions and civil society organisations must support the cause and advocate for the enactment of robust child protection laws. A nationwide campaign can help raise awareness on the damaging effects of child marriages. The public should be made aware of the harms associated with such practices, as well as punitive laws pertaining to child marriages and related crimes. Parents need to be more sensitive regarding child protection so that their children are not victims of pedophilia and child sexual abuse. To combat child marriages, education for every child is a must. This will help enable our future generations to live healthier and freer lives in a more thriving Pakistan. Nabila Feroz Bhatti is a human rights activist and columnist. She is Member Working Group at National Commission on the Rights of Child. She can be connected at nabilaferoz@ or on X: @NabilaFBhatti All facts and information are the sole responsibility of the author
Business Recorder
2 days ago
- Business Recorder
Bilawal urges India to end ‘excuses', resume dialogue with Pakistan
Former foreign minister Bilawal Bhutto-Zardari on Saturday urged India to move beyond what he termed 'repetitive excuses' and engage in meaningful dialogue with Pakistan to address long-standing bilateral issues. Speaking at a press conference in Washington following a series of meetings with US lawmakers, policy experts and think tanks, the Pakistan Peoples Party (PPP) chairman criticized New Delhi's reluctance to resume talks, saying it was counterproductive to regional peace. 'India continues to evade efforts for dialogue and investigations. The excuses vary, be it civil-military dynamics, geopolitics, or blanket narratives linking Muslims with terrorism, but they all serve the same purpose: avoidance,' Bilawal said. Bilawal Bhutto warns of escalating water disputes with India, calls for diplomatic engagement 'It's not sustainable for two nuclear-armed neighbours with such low conflict thresholds to lack any structured dispute resolution mechanism.' The former foreign minister is part of a high-level Pakistani delegation currently visiting key Western capitals as part of a diplomatic outreach initiative aimed at presenting Islamabad's stance on recent tensions with India. The delegation, which includes senior political figures and former diplomats, will also visit London and Brussels in the coming days. Alongside Bilawal, the group includes former foreign ministers Hina Rabbani Khar and Khurram Dastgir Khan, Senators Sherry Rehman, Musadik Malik, Faisal Sabzwari and Bushra Anjum Butt, as well as seasoned diplomats Jalil Abbas Jilani and Tehmina Janjua. Bilawal emphasized that Pakistan's civil and military leadership are united in their stance against terrorism, and that dialogue with India is essential for regional stability. He reiterated Islamabad's openness to talks at both political and military levels. 'If India truly seeks peace, it must be willing to engage, whether through direct talks or through mediation by international stakeholders,' he said. 'Unfortunately, New Delhi has rejected all options, be it engagement through the UN, third-party mediation, or bilateral diplomacy.' He further stressed that reversing decisions that have escalated tensions would be a constructive step forward. 'It is in everyone's interest, including India's, to revisit policies that have only led to a diplomatic freeze and increased hostility.' The Pakistani delegation's engagement in Washington is seen as part of a broader attempt to counter India's expanding diplomatic footprint and narrative, particularly in Western capitals.
Business Recorder
2 days ago
- Business Recorder
Amendments to orders for accuracy: Commissioner IR has powers under Sec 221(1) of IT law: SC
ISLAMABAD: The Supreme Court ruled that the Commissioner Inland Revenue has jurisdiction under Section 221(1) of Income Tax Ordinance, 2001 to amend the orders by rectifying any mistake apparent from the record. The 24-page judgment, authored by Justice Munib Akhtar, set aside the impugned judgments of the Lahore High Court (LHC) and the Islamabad High Court (IHC). It held; 'the tax references out of which these matters arise shall be deemed pending in the respective High Courts and the questions of law raised therein decided in accordance with law and consistently with this judgment.' Section 122 (5A) ITO: Power granted to IR commissioners is not without boundaries: ATIR 'CPLA 431-L/2023 involves questions of law other than the one decided by this judgment. This leave petition is returned to the office to be fixed in the ordinary course before an appropriate Bench,' it also said. A three-judge bench, headed by Justice Munib Akhtar, and comprising Justice Ayesha A Malik and Justice Shahid Waheed heard the department (FBR) petitions against the LHC and IHC decisions. Babar Bilal appeared in CPLA Nos.4583 to 4585/2023. The judgment noted that the matters relating to the deemed assessment order (and indeed, the deemed amended assessment order) fall only and always within the first part (of Mehreen Zaibun Nisa), with all ensuing 'inevitable corollaries' applying accordingly. One of these is that the deemed orders of both kinds must be regarded as orders 'passed' by the Commissioner within the meaning, and for the purposes of, Section 221(1). 'The Commissioner therefore has the jurisdiction to amend the orders by rectifying any mistake apparent from the record'. The judgment decided the question; 'Whether the Commissioner has jurisdiction under subsection (1) of Section 221 of the 2001 Ordinance to amend, in exercise of the power thereby conferred and, in the manner, and to the extent therein stated, what is known as a deemed assessment order under s. 120 to rectify a mistake apparent from the record?', in favour of the Commissioner and against the taxpayers. The High Courts had answered the question in the negative. The Department urged that both the courts erred materially in this regard. The taxpayers pray that the impugned judgments be upheld as having reached the correct conclusion in law. The judgment confirmed that the error made by the High Courts was to conflate the two deeming provisions into one. It was on account of this mistake that both judgments, whose reasoning run in parallel, concluded that there was no application of mind by the Commissioner and that the mistake always lay where, and by whom, in fact made, i.e., the taxpayer. However, once this unfortunate fusing is unpacked, and what the subsection actually does and require is realized, the mistake becomes apparent. Had the subsection only contained the deeming required by clause (b), then there could be merit to what the learned High Courts concluded. In such a situation, the only 'state of affairs' required to be imagined would be the deemed issuance of an assessment order. It could perhaps then be said that the deeming did not reach or touch any mistake to be found as a matter of fact in the return, and hence the deemed assessment order did not deal with any such thing. In this situation the attribution of the mistake, being outside the scope (or beyond the limit) of the legal fiction could be said to lie where, and by whom, actually made as a matter of fact. But that of course is not the case. There is also the (precedent) deeming required by clause (a). Once that is kept in mind then the inevitable conclusion is that there was, as a matter of law, a (deemed) application of mind by the Commissioner. Since it operated (as it could only) on the return, an inevitable corollary is that it is the whole of it, mistakes and all, that is the assessment (deemed) to have been made. And it is the (deemed) assessment so made that then results in the (deemed) issuance of the assessment order. In our view, it is only in terms of this bifurcation that subsection (1) can be properly understood and applied. A rolling up of the two clauses into one, with respect, led to the error into which both the learned High Courts fell. Thus, in the principal LHC judgment much emphasis was placed on s. 221(1) requiring that the order be 'passed' by the Commissioner. The matters before the Supreme Court arose under the Income Tax Ordinance, 2001 in relation to the jurisdiction, under subsection (1) of Section 221, of the Commissioner to rectify any mistake apparent on the face of the record and thereby amend what is known as a deemed assessment order under s. Most of these matters come from the Lahore High Court, where the principal judgment is dated 27.04.2022. That decision disposed of eight tax references that had been filed by the Commissioner and was followed in all the other matters in the said High Court by various orders of different dates. Islamabad High Court, where the principal judgment is dated 20.09.2023 which disposed of tax references filed by the Department. Both High Courts reached the same conclusion on the question now before the Court and therefore, all these matters were heard together and are being decided by this judgment. Copyright Business Recorder, 2025
