As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan governs the rights and responsibilities of guardians in relation to minors. Here are some key rights of minors to medical treatment under the Act:

Rights of Minors to Medical Treatment

1. Right to Medical Care: Minors have the right to receive medical treatment, including emergency medical care, without undue delay.
2. Consent to Medical Treatment: Guardians have the authority to consent to medical treatment on behalf of the minor.
3. Emergency Medical Treatment: In emergency situations, medical professionals can provide treatment to minors without the consent of the guardian.
4. Best Interests of the Minor: Guardians must make decisions regarding medical treatment that are in the best interests of the minor.

Limitations on Guardian’s Authority

1. Medical Treatment Against Minor’s Will: Guardians cannot consent to medical treatment that is against the minor’s will, unless it is deemed necessary to save the minor’s life or prevent serious harm.
2. Experimental Treatments: Guardians cannot consent to experimental medical treatments without the approval of the court.
3. Non-Therapeutic Treatments: Guardians cannot consent to non-therapeutic medical treatments, such as sterilization or cosmetic surgery, without the approval of the court.

Court Intervention

1. Disagreement Between Guardians: If there is a disagreement between guardians regarding medical treatment, the court can intervene and make a decision in the best interests of the minor.
2. Challenge to Guardian’s Decision: If a minor or another interested party challenges a guardian’s decision regarding medical treatment, the court can review the decision and make a new order if necessary.

Conclusion

In conclusion, the Guardians and Wards Act, 1890 in Pakistan recognizes the right of minors to receive medical treatment and provides a framework for guardians to make decisions regarding medical treatment on their behalf. However, the Act also provides limitations on a guardian’s authority and allows for court intervention in certain circumstances.