As per Lawkidunya, The Guardians and Wards Act, 1890 in Pakistan provides certain rights to wards (minors or incapacitated persons) to protection from abuse. Here are some key aspects:
Rights of Wards to Protection From Abuse
1. Freedom from Physical Abuse: Wards have the right to be free from physical abuse, including assault, battery, and other forms of physical harm.
2. Freedom from Emotional Abuse: Wards have the right to be free from emotional abuse, including verbal abuse, intimidation, and other forms of emotional harm.
3. Freedom from Neglect: Wards have the right to be free from neglect, including abandonment, neglect of basic needs, and other forms of neglect.
4. Freedom from Exploitation: Wards have the right to be free from exploitation, including financial exploitation, sexual exploitation, and other forms of exploitation.
Duties of Guardians to Prevent Abuse
1. Protect Ward from Harm: Guardians have a duty to protect their wards from physical, emotional, and psychological harm.
2. Provide Safe Environment: Guardians have a duty to provide a safe and secure environment for their wards.
3. Monitor Ward’s Well-being: Guardians have a duty to monitor their ward’s well-being and report any concerns to the relevant authorities.
Remedies for Abuse
1. Court Intervention: The court can intervene to protect a ward from abuse, including removing the guardian or appointing a new guardian.
2. Criminal Proceedings: In cases of physical or emotional abuse, criminal proceedings can be initiated against the abuser.
3. Civil Remedies: Wards or their guardians can seek civil remedies, including damages and injunctions, to protect the ward’s rights.
Case Laws
1. PLD 2010 SC 41: The Supreme Court of Pakistan held that the court has the power to remove a guardian who is found to be neglecting or abusing their ward.
2. PLD 2015 Lahore 475: The Lahore High Court held that a guardian who is found to be physically or emotionally abusing their ward can be prosecuted under the relevant laws.
Conclusion
In conclusion, the Guardians and Wards Act, 1890 in Pakistan provides wards with the right to protection from abuse, including physical, emotional, and psychological abuse. Guardians have a duty to protect their wards from harm and provide a safe environment. The court can intervene to protect a ward from abuse, and criminal and civil remedies are available to protect the ward’s rights.