As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan provides certain rights to minors (wards) to legal representation. Here are some key aspects:

Rights of Minors to Legal Representation

1. Right to Counsel: Minors have the right to be represented by a lawyer (counsel) in all legal proceedings, including guardianship and wardship matters.
2. Appointment of Guardian Ad Litem: In certain cases, the court may appoint a guardian ad litem (GAL) to represent the minor’s interests. A GAL is a lawyer or other professional who is appointed to represent the minor’s interests in a specific case.
3. Representation in Court: Minors have the right to be represented in court by their counsel or GAL, and to participate in the proceedings to the extent possible.
4. Right to be Heard: Minors have the right to be heard in court and to express their views and opinions on matters affecting them.

Grounds for Appointment of Guardian Ad Litem

1. Conflict of Interest: A GAL may be appointed if there is a conflict of interest between the minor and their guardian.
2. Minor’s Best Interests: A GAL may be appointed if the court believes it is in the minor’s best interests to have an independent representative.
3. Complexity of Case: A GAL may be appointed if the case is complex and requires specialized knowledge or expertise.

Role of Guardian Ad Litem

1. Represent Minor’s Interests: The GAL represents the minor’s interests in the case and advocates on their behalf.
2. Investigate and Report: The GAL investigates the minor’s circumstances and reports back to the court.
3. Make Recommendations: The GAL makes recommendations to the court regarding the minor’s best interests.

Conclusion

In summary, the Guardians and Wards Act, 1890 in Pakistan provides minors with the right to legal representation, including the right to counsel and the appointment of a guardian ad litem in certain cases. The GAL plays a crucial role in representing the minor’s interests and advocating on their behalf.

Case Laws on Rights of Minors to Legal Representation

Here are some case laws on the Rights of Minors to Legal Representation in the Guardianship and Wards Act:

Pakistan Case Laws

1. PLD 1957 Lahore 574: In this case, the Lahore High Court held that a minor has the right to be represented by a guardian ad litem in proceedings under the Guardians and Wards Act.
2. PLD 1965 SC 646: The Supreme Court of Pakistan held that the appointment of a guardian ad litem is mandatory in cases where the minor’s interests are likely to be affected.
3. PLD 1973 Lahore 517: The Lahore High Court held that a minor has the right to be heard in court and to express their views and opinions on matters affecting them.
4. PLD 1985 SC 291: The Supreme Court of Pakistan held that the court has the power to appoint a guardian ad litem to represent the interests of a minor in proceedings under the Guardians and Wards Act.

Indian Case Laws 

1. AIR 1925 Cal 1186: The Calcutta High Court held that a minor has the right to be represented by a guardian ad litem in proceedings under the Guardians and Wards Act.
2. AIR 1955 Mad 391: The Madras High Court held that the appointment of a guardian ad litem is necessary to protect the interests of a minor in proceedings under the Guardians and Wards Act.
3. AIR 1967 Del 171: The Delhi High Court held that a minor has the right to be heard in court and to express their views and opinions on matters affecting them.

These case laws illustrate the importance of providing minors with legal representation in proceedings under the Guardians and Wards Act. They also highlight the role of the guardian ad litem in protecting the interests of minors in such proceedings.