Petition on stunting among kids: IHC directs petitioner to approach PM via Citizen's Portal

ISLAMABAD: The Islamabad High Court (IHC) directed a petitioner seeking court direction to the federal government regarding stunted growth among children to approach Prime Minister Imran Khan through the Pakistan Citizen Portal. IHC Chief Justice Athar Minallah on Saturday released his reserved judgment on stunted growth among the children.

He noted that the questions raised by the petitioner were indeed of paramount public importance. It is also not disputed that the issue of stunted growth among children at such a large scale is alarming and reflects neglect on part of the State.

"The children who suffer invariably belong to the vulnerable and marginalized sections of the society. Their fundamental rights are being violated."

"The factor's responsible for such a large proportion of children being stunted are relatable to the priorities of the government and its policies during the past several decades."

The IHC order said it is not a matter justiciable by a court, while exercising jurisdiction under Article 199 of the Constitution. The Parliament and the Executive branch of the State are the proper forums for dealing with the question raised in the petition in hand.

This Court has no reason to doubt that the parliament and the executive would not neglect the suffering of those children who are exposed to the risk of being stunted or are victims thereof.

The court said that the raised questions are of paramount public importance and referred to a report of United Nations World Food Programme, which highlight an alarming situation regarding stunted growth of children in Pakistan.

According to the report more than 20 percent of Pakistan's population is undernourished and nearly 45 percent of children younger than five years of age are stunted. Chaudhry Muhammad Akram advocate had filed the petition in the IHC about stunted growth among children.

It was the case of the petitioner that it is a constitutional obligation of the State and the government of Pakistan to take urgent measures, so as to prevent the harm that is being caused due to stunted growth. The petitioner has further argued that the prime minister of Pakistan had promised to the people before assumption of office that prevention of stunted growth of children would be one of the highest priorities of his government.

He referred to the proceedings before the Supreme Court of India relating to a scheme of the government whereby meals are being provided to undernourished children in schools.

The petitioner was asked whether before invoking the jurisdiction of this Court under Article 199 of Constitution he had approached the elected representatives of his constituency. He has answered in the negative.

In response to a query, he has informed that Asad Umar was elected as a member of the National Assembly from his constituency. The chief justice said that the Court expects that the petitioner would raise his grievance before the representative elected from the constituency where he is a registered voter or send this petition to the prime minister.

Copyright Business Recorder, 2020