Law: Constitution of Pakistan, 1973

Section: 199, 4, 9, 10-A, 14, 25, 25-A, 35

Summary The petitions were filed under Article 199 of the Constitution seeking recognition and protection of the rights of orphaned and abandoned children, particularly regarding issuance of birth certificates and CNICs. The main issue was that NADRA and Union Councils were refusing registration of such children due to the absence of parental information, which resulted in denial of legal identity and access to basic rights like education and healthcare. The Court held that: The right to legal identity is part of the right to life and dignity. The State has a duty under the doctrine of parens patriae to protect vulnerable children. Administrative requirements (like parental details) cannot override constitutional guarantees. Denial of registration amounts to discrimination and exclusion. Decision: Petitions allowed. NADRA, Union Councils, and Social Welfare Department were directed to: Create a uniform mechanism for registration of orphan children Issue birth certificates and CNICs without insisting on parentage Ensure protection of fundamental rights Sections / Laws Used Article 199 – Constitutional jurisdiction Article 4 – Right of individuals to be dealt with in accordance with law Article 9 – Right to life Article 10-A – Right to fair trial Article 14 – Right to dignity Article 25 – Equality before law Article 25-A – Right to education Article 35 – Protection of family, mother, and child NADRA Ordinance, 2000 Orphan Registration Policy, 2016 Pakistan Citizenship Act, 1951 Doctrine: Parens Patriae 2 Two-Word Descriptions Child Identity Fundamental Rights ORDER SHEET Petitioners have filed these Constitutional Petitions under Article 199 of the Islamic Republic of Pakistan 1973 seeking following relief: C.P. No. D-4983 of 2025 a. Direct the Concerned Union Council for issuance of birth certificates regarding children who are residing with shelter homes of Sarim Burney Trust. C.P. No. D-5500 of 2025 Declare that the actions of the Respondents are violative of Article 9, 14, 25, 25-A, and 35 of the Constitution and are therefore illegal, unlawful, without lawful authority and of no legal effect. Declare that the…