The Senate has passed the Guardians and Wards (Amendment) Bill, 2020, which will ensure custody of children up to the age of seven years (boys) and 16 years (girls) to divorcee and widowed mothers.

PPP Senator Farooq H Naik moved the bill in the upper house of the Parliament and was passed by a majority vote despite government objections over the non-inclusion of recommendations of the Council of Islamic Ideology in the proposed legislation.

Speaking on the floor of the upper house, Senator Naek explained there is no mention of the age limit of children for their custody to a mother in Islam.

The Guardians and Wards Act 1890 was also silent on the matter of age limit of a boy and girl for grant of custody to a mother, he said.

Naek said the proposed amendment bill would ensure custody of male and female children to divorcee/widow mothers, up to the age of seven and 16 years respectively.

Minister of State for Parliamentary Affairs Ali Muhammad Khan suggested the House to incorporate the recommendations of Council of Islamic Ideology (CII) in the proposed amendment to make it more effective.

According to Pakistan’s laws, the custody of a minor is given to the mother (after divorce). But after the age of seven years, the mother’s right over the son ends. Girls, on the other hand, stay with their mothers until they attain puberty.

Under the bill, a “mother” would be entitled to be appointed as a guardian of the minor where the father is either deceased or unfit to take care of the child in the opinion of the court.

After passage of the bill from the Senate, the mover said it would go to the National Assembly for further consideration, so the government should propose their amendments for better legislation.

The amendment bill has to be passed by the National Assembly for its enactment.