Amendment in statutory provisions and rules: SC seeks government's opinion on proposals

The apex court has sought the federal government's opinion on the proposals to amend statutory provisions and rules for removal of father's name from official documents of a person.
Tatheer Fatima, a 22-year-old girl had prayed to the Supreme Court to permit her that she be registered as a citizen of Pakistan without her father's name appearing in any official record or identification documents.
Makhdoom Ali Khan, who was appointed in the case as amicus curiae (friend of the court), opined; "That in order to eliminate the requirement of including father's name in official documents of a person, various amendments in statutory provisions and rules will be required." "On the other hand, if the requirement to display the father's name on identification documents is removed, only the forms of identification prescribed under the rules will have to be modified," he further suggested.
He submitted that in the US, UK, Bangladesh, Sri Lanka, Malaysia, Canada, Kenya, the United Arab Emirate (UAE) and many other countries the name of the father is not displayed on passports of citizens. In UAE, the name of the father is also not displayed on the driving licence.
The short order stated; "The solution to the problem is needed to be properly drawn so the matter be referred to the Ministry of Interior for finding out the answer on the issue." The bench restrained Tatheer's father to make any statement in the press that can cause embarrassment to the young girl.
It was the claim of Tatheer Fatima that she was abandoned by her father. He has played no role in her life since her birth. She was raised by her mother as a single parent. She may, therefore, be permitted to be registered as a citizen of Pakistan without her father's name appearing in any official record or identification documents.
She had also prayed to the court to issue direction to the Nadra and director general Immigration and Passports to issue the documents without her father's name appearing on any such document.
Tatheer had applied for her CNIC on 14-08-20214 which was denied by the Nadra, as she did not provide the requisite details, i.e, her father's name since her father had not included her in his family tree with Nadra. Tatheer's father could not also be traced in Nadra record.
She then filed the writ petition in Islamabad High Court which was dismissed on 17-05-2018. She has requested the apex court that she has constitutional right under Article 35 of Constitution to be registered as a citizen of Pakistan without her father's name. She also contended before the court that her father's name should not appear in any official records or identification documents, including her computerised national identity card (CNIC) and passport. He has further submitted if, at all, it is necessary for parent's name to appear in her official record then her mother's name may be used.
The IHC had declared that there is no provision in the law for insertion of Tatheer mother's name in her identification documents, i.e. CNIC and passport.
Makhdoom submitted that in the present age identification documents and databases are computerised. The CNICs issued by NADRA contain microchips. Passports issued by DG Passports are machine readable. persons are identified through thumb impressions, facial recognition technology and retina scans at all major airports in Pakistan and abroad. "In my opinion, therefore, there is no need for the name of father to be displayed on a person's identification documents as long as such information is available in official records and databases of the authorities," he said. Wherever such identification documents are used, the background information becomes available on a simple scan of such documents.
He stated that there are many examples where identification documents do not display the information collected by the authorities. For instance, when an applicant submits an application for issuance of visa to the United States, a detailed form has to be submitted. The form contains information relating to the applicant's parents, his/her education, marital status, travel history and even details of friends or family in the US. While this information is collected, it is not displayed on the visa issued by the US Consulate because as soon as the visa is scanned at the immigration desk, all information supplied by the person becomes available to the immigration officer.
Makhdoom Ali Khan submitted that there is no bar under the law for inserting the mother's name in the official records of a citizen and his identification document. He stated that there are two questions of law which require determination: whether provision of the name of the father in the official records of a person is essential or could such disclosure be avoided by the person seeking registration? Whether it is essential that the name of either parent be displayed on the identification documents of a person?
He contended that the petitioner was born in Pakistan and her father was not an accredited diplomat or enemy alien. She is a citizen of Pakistan by birth. She is entitled to be registered as such under Section 4 of Pakistan Citizenship Act 1951.
Makhdoom pointed out that according to the Rule 8 of 1952 Rules, a person can be registered as a citizen by birth upon submission of the birth certificate and a statement of a parent or guardian, if the applicant is below the age of 21, while the petitioner is 22-year-old.