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ISLAMABAD: Law and Justice Commission of Pakistan has approved many amendments in various laws to improve and make them in accordance with the need of present time.

Giving details of these amendments, Secretary Law and Justice Commission of Pakistan Dr. Faqir Hussain said Sunday that in its meeting held recently under the Chairmanship of Chief Justice of Supreme Court Sheikh Riaz Ahmed, the Commission has approved these amendments.

Marriage Ceremonies

The Commission considered various proposals for amendments of laws and took notice of ostentatious displays and wasteful expenditure being incurred on marriage ceremonies including the serving of lavish meals in Waleema, decorations, aerial firing, cracking of explosives and the exhibition of dowry.

The Commission recommended that the law should be appropriately amended to provide for the serving of a single dish only, to a limited number of guests, not exceeding 300, in the Waleema and Barat functions.

It further recommended the strict enforcement of the law so that there is no ostentatious display of wealth through wasteful expenses and to enforce the ban on display or exhibition of dowry items during marriage festivities.

Dr. Faqir clarified that if the number of guest will increase form 300, then instead of single dish, only refreshments could be served. About one dish, he said, it included one food item, rice, roti or naan with one dish of sweet.

Shares of Women in Inheritance

With a view to safeguard the shares of women in inheritance, the Commission decided that the Chief Justices of the respective High Courts will issue instructions to the courts for the quick and prompt disposal of cases pertaining to the share of women in inheritance.

The Commission, he said, also recommended a scheme for public awareness to inform the people, and in particular women, of their right of inheritance, the ways and means to realize their respective shares in inheritance and the fora to approach, in case of such right is denied to them.

Trial Absconders

Referring to problem of accused persons absconding from trial, which hampers investigation and delays trial proceedings, he said, the Commission has recommended that a new section 172-A shall be added to the Pakistan Penal Code as under:

"172-A.- Punishment for an absconder.- Whoever being accused of an offence under this Code or under any other law for the time being in force, absconds or avoids arrest or evades appearance before any inquiry or trial or court proceeding or conceals himself, and obstructs the course of justice, and against whom a warrant of arrest has been issued by the court or proclamation has been published, shall be liable to imprisonment for a term not exceeding three years or with fine or with both"

Medical

The Commission also approved amendments in the Government Services Medical Attendance Rules to the effect that in case of second marriage by a Government servant, the second wife should also be included in the definition of family and entitled to medical facilities.

Under the present Rules, family includes only parents, wife, children, sisters, minor brothers of Government servant as well as step brothers and sisters.

Land Revenue Rules 1968

The Commission also approved amendment in the Land Revenue Rules 1968, to the effect that for the appointment of Lumberdar (village Headman), the principle of primogeniture alone is not the correct criteria, which is violative of injunctions of Islam as held in a judgment of the Supreme Court.

The Commission has explained that the appointment of the Lumberdar shall be on merit and consideration should be given to the requirement of honesty, trustworthiness as well as other qualities of head and heart, so as to ensure that the Lumberdar is a fit person for the job.

Temporary Powers Act 1956

The Commission also approved amendment in the W. P. Requisitioning of Immovable property (Temporary Powers) Act 1956 to ensure that the power of the Government to requisition private property is exercised in public interest alone and subject to prompt payment of the market value/rates of the property.

Children Act 1933

Dr. Faqir Hussain said the Commission further enhanced the penalties prescribed under the Children (Pledging of Labour) Act 1933. He said the Commission has explained that such penalty be enhanced to twenty thousand
rupees and in case of second conviction, the punishment shall be imprisonment for minimum of six months and maximum upto two years or penalty of twenty thousand rupees or both.

Sections Reviewed

The Commission also reviewed Sections 427, 428, 429 & 435 of the Pakistan Penal Code dealing with the offence of various forms of mischief and approved enhancement of sums/amounts stipulated in the said sections, to bring the law in accord with the present-day requirements of the society.

He said the Commission has also approved amendment to Section 11-A, 11-8 & 11-C of the Pakistan Security Act 1952 to the effect that any adverse action as to confiscation or sale of any enterprise/undertaking in the interest of national security, defence or external affairs, shall be made subject to reasonable grounds and the owner/management of the property be given an opportunity of hearing before the action is taken.

The Commission, he said, has also approved an amendment in Rule 1, Order XXXIII of the Code of Civil Procedure, to enhance the ceiling fixed for a pauper to get exemption of payment of court fee. As a result of the amendment, the ceiling earlier fixed as one thousand rupees has been enhanced to twenty-five thousand rupees.

He said the Commission also examined and approved certain amendments of procedural nature to expedite the trial proceedings in the court. Such amendments include expeditious investigations, submission of challan within the stipulated period, eliminating unnecessary adjournments and other measures to expedite the pace of litigation.

Reforms for Legal System

Giving some details about formation of Law and Justice Commission, he said main purpose of this Commission is to prepare recommendations reform the legal system beside improving the judicial policies.

The recommendations of the Commission, he said, are submitted to the Ministry of Law and then after the approval from the federal cabinet, these recommendations are presented in the Parliament for final approval.

He said the Commission is also responsible to improve the working of subordinate courts and legal education with providing them judicial capacity strength through endowment grants.

Dr. Faqir said the Commission has recommended to provide Rs. 1.4 billion to subordinate courts for capacity building to improve the working of these courts. The courts are being equipped with computer so that the judicial system would be improved.

He said provision of judicial training and legal aid to the needy are also the responsibility of the Commission. Financial aid for these projects have been provided through Access to Justice Programme initiated two years ago with an Asian Development Bank's loan of $ 350 million, he added.

Main purpose of the Law and Justice Commission is to make the society, law conscious and law abiding through implementation of law, he remarked. He said the Commission has so far prepared 56 reports on various laws and more than 70 per cent of its recommendations have been implementing while remaining are in the process of approval.

He said the annual report of Supreme Court for the year 2002 will be finalized by end of this year while for the year 2003 it would be finalized by end of this year.

Law and Justice Commission being an independent organization prepare recommendations on the request of government, take suo moto actions on various laws and take action on the request of general public.