Law: Constitution of Pakistan, 1973

Section: 20(a),199

(a) Constitution of Pakistan--- ----Art.20(a)---International Covenant on Civil and Political Rights (ICCPR), 1966, Art.18---"Religious conversion", meaning of---Religious conversion was adoption of a set of beliefs identified with one particular religious denomination to exclusion of others and said phrase described abandoning of adherence to one denomination and affiliating with another, which might be from one to another denomination within the same religion, for example, from Baptist to Catholic Christianity or from Shi'a to Sunni Islam, etc. The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt AIR 1954 SC 282 and Stark, Rodney and Roger Finke, "Acts of Faith : Explaining the Human side of Religion" University of California Press, 2000 p.114 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Custody of minor---Domestic employment of minor under the age of fifteen---Forced religious conversion---Legal recognition of religious conversion, criteria---Nature of religious conversion / belief---Scope sought custody of minor daughter, who whilst under domestic employment of respondents, allegedly converted from Christianity to Islam and refused to see petitioner / mother impugned order of Judicial Magistrate whereby said minor daughter was lodged in a shelter home instead of being returned to petitioner on ground that such minor expressly stated that she had converted to Islam and did not want to go with her mother / petitioner---Validity---Minor lacked legal capacity to abjure her religion without consent of her parents or guardian---While petitioner / mother stated before Judicial Magistrate that she had no objection to minor's conversion to Islam however such statement could not be regarded as parental consent for change of religion as it was made in anxiety under a misguided belief that same would help her to get custody of her daughter---Contention that alleged forced religious conversion of minor be declared void was not tenable as concepts of valid, void and voidable could not be applied to religious rights and resulting personal law unless latter itself…

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