A case of Child Protection Laws
This paper aims to examine the conflict and disparities of law emerged in post 18th Constitutional Amendment in the Constitution of Islamic Republic of Pakistan, promulgated in the year 2010. The paper specifically analyses the conflict of law emerged among the Provincial and Federal acts of legislation. For the purpose of examination of such disparities and conflict in law– on the issues pertaining to child marriage and child sexual abuse- critical discourse analysis is applied to the legislative texts picked up from four provinces and two federal territories of Pakistan. The rational of choosing to examine only child related laws is that the conflict of law among provinces and federal territories seems affecting the children at large scale. The study is limited to only question of ‘whether or not such conflict of law emerged out of 18th Constitutional Amendment’.
Key words: Conflict of laws, provincial autonomy, CDA, child marriage, child sexual abuse.
Introduction: Background of the issue It is widely believed that 18th Constitutional Amendment in the Constitution of Islamic Republic of Pakistan, 1973 is a hall mark to improve besieged democratic process (Tanvernise & Masood, 2010). This Constitutional Amendment legislation in 2010 made almost 100 changes in the constitutional text to restore it to its original form (Waseem, 2010). Special Committee on Constitutional Reforms (SPCCR) comprised of 27 members from political parties including Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), Muttahida Qaumi Movement (MQM) and members of different ethnic groups deliberated for 385 hours to propose 982 amendments about the provincial autonomy. (Musarrat, Ghulam Ali, & Azhar, 2012). Among others, through this Amendment, the concurrent legislative list is abolished, provincial autonomy is strengthened, parliamentary sovereignty is resorted and presidential powers over parliament are curtailed. (Waseem, 2010). This Constitutional Amendment is a classic example of devolution of power from federation to provinces that triggered the issue of conflict of law within the country. The power of delegated legislation entitles the delegate to carry out the mandate of the legislature, either by framing rules, or regulations, which translated and applied the substantive principles of law set out in the parent legislation or by recourse to detailed administrative directions and instructions for the implementation of the law. Delegated legislation was intended to enforce the law at provincial
level, and not override the federal law. It can be used to fill in details but not vary the underlying constitutional or statutory principles. In case of conflict delegated legislation must yield to the legislative will, as it was below and not above the law. Minutiae can be filled in but the basic law can neither be added to nor subtracted from. The 18th Constitutional Amendment delegated legislative powers to the provinces on certain subject matters by substituting the previous concurrent list.
The matters pertaining to marriage, minor, labour and women are implicitly devolved to provinces. (GoP, 2013) Only three items [criminal law, criminal procedure and evident] are available as per Art. 142(b) for Concurrent Legislation by Parliament and Provincial Assemblies1. Under Art.142 (c) of the Constitution, subject to Sub-article (b) of Art.142, the Provincial Assembly has the exclusive power to make laws regarding matters, which are not mentioned in the Federal Legislative List.2 Family, marriage or labour related laws are not one of the said three items; consequently, it could be said that family/marriage or labour laws fell within the exclusive Legislative domain of Provincial Assemblies, to the extent is does not amount to determining the criminality of an act and proposing punishment in contravention of the federal law.
The word “Criminal Law” in Article 142(b) of the Constitution includes, but NOT limited to, Pakistan Penal Code; it applies to any law that determines criminality of an act and proposes punishment or penalty (i.e. imprisonment or fine or both regardless the period or amount of penalty). Having said so, the provisions of any law in force, including marriage or minor related, which determine penalty for an act falls under the purview of criminal law. Thus, under article 143, any such provisions (amounting to become a criminal law, criminal procedure and evidence) promulgated by a Provincial Assembly, in conflict with existing federal laws, shall not have legal force, until and unless the federal laws are amended or repealed by the Parliament.3
1 Article 142: “Subject-matter of Federal and Provincial laws….. (b): Majlis-e-Shoora (Parliament) and a Provincial Assembly shall have power to make laws with respect to criminal law, criminal procedure and evidence.” 2 (c): “Subject to paragraph (b), a Provincial Assembly shall, and Majlis-e-Shoora (Parliament) shall not, have power to make laws with respect to any mattter not enumerated in the Federal Legislative List.” 3 Article 143: “Inconsistency between Federal and Provincial Law: If any provision of an Act of a Provincial Assembly is repugnant to any provision of an Act of Majlis-e-Shoora (Parliament) which Majlis-e-Shoora (Parliament) is competent to enact, then the Act of Majlis-e-Shoora (Parliament), whether passed before or after the Act of the Provincial Assembly, shall prevail and the Act of the Provincial Assembly shall, to the extent of the repugnancy, be void.”
Provincial Assemblies of Sindh and Punjab have passed legislations to prohibit contracting or facilitating child marriage through Sindh Child Marriage Restraint Act, 2013 and Punjab Child Marriage Restraint Act, 2015. Some of the sections and clauses of these provincial legislations are in direct conflict with the previously existing [federal law] Child Marriage Restraint Act, 1929. This situation demands a thorough analysis of the objectives and operations of 18th Constitutional Amendment which empowered the provinces to legislate for the child protection in their territorial jurisdiction; which consequently triggered a debate on conflict of law among federal and provincial entities in Pakistan.
Research Question: With this background, this paper attempts primarily to research “whether the 18th Constitutional Amendment caused conflict of law among the federal and provincial jurisdictions? And secondarily, it attempts to know “how does it affected justice system and people?”
Methodology The research is based on primary data which comprised of original peace of federal and provincial legislations. The legislative texts pertaining to two important issues – Child Marriage and Child Sexual Abuse- promulgated by two federal and four provincial entities have been analyzed. It also analyzed secondary data comprised on research articles, statements of the politicians and news items.
From the theoretical perspective, the research is based on Critical Discourse Analysis (CDA) of the texts. Professor Norman Fairclough- the eminent contributor to the theory of CDA- tries to understand “how the ways in which we communicate are constrained by the structures and forces of those social institutions within which we live and function” (Fairclough, 1989). He argues that CDA exposes the textual meaning along with explaining the underlined social, cultural, political and other factors behind the texts. It reads on and between the lines. CDA may be terms as “a research tactics rather than a direction of thought or a model of analysis” (Horváth, 2013). CDA attempts to explores the relationships between “discursive practice, events and texts, and wider social and cultural structures, relations and processes” (Dijk, 2011). Thus this research attempts to analyze legal texts promulgated by federal and provincial autonomous entities and the political reasons behind such texts.
What’s Conflict of Laws There may be a difference among law, be it substantive or procedural, of two or more autonomous legal territories. The question may arise as to what law of which territorial jurisdiction will apply to resolve the matter. The conflicting legal rules may come from federal law, provincial laws or the laws of other countries. The process of “characterization”, or “classification” to determine which law would apply to settle a dispute revolves around the subject of conflict of laws (CULS, 2015). Conflict of laws- alternatively called as Private International Law (PIL)- is becoming ever more important due to domestic and international migration. Though the rules and principles exist to resolve the disputes coming under the purview of PIL yet uncertainty persists to resolve various issues related to family, inheritance, human rights or commercial disputes etc. (Govindaraj, 2011) A general principle to apply the rules of conflict of laws is that at least one party to the dispute should demand for applying these rules. (European Judicial Network, 2006)
Procedural vs Substantive questions:
World renowned authority on the subject of conflict of laws A. V. Dicey explains that the subject deals with the both procedural and well as substantive questions of public international law. (A. V. Dicey, 1896, 2015) The distinction between procedural and substantive laws becomes important while seeking remedy in a foreign or forum country. (Bhawan, 2005) Under the Uniform Conflict of Laws Limitation Act, 1982, the US considers that law of limitation of forum country overrides any other law. (Government of USA, 2015) Bringing the subject of PIL or conflict of laws to home- with in the country- Article IV, Section I of US Constitution provides that “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”. (Government of USA, 2007) With the passage of time there has been a shift from procedural rights to substantive rights in conflict of laws. The US courts held in various cases that “the substantive rights of the parties to an action may be governed by a foreign law, but all matters appertaining to procedure are governed exclusively by the law of the forum”.4
Conflicting judgments and Dissenting opinions Apart from legislative acts, conflicting judgments of the superior court and dissenting opinions are the other source of conflict of laws that may invite divergent interpretations. This history
4 (Huber vs. Steiner (1835) Bing NC 202; Chaplin vs. Boys (1971) . A. C. 356).
of Pakistani courts is replete with countless examples where the two different courts held different judgements on the similar matter. The most famous debates are about the separate of power and sovereignty of Parliament whereby- the justices of apex court held different views during different eras. Similarly, in USA the October 1946 is noticeable juncture in the history of Supreme Court of the United States. The justices of US SC noted 240 dissenting notes, the 62% of total judgement.5 (Columbia Law Reviews, 1947) The conflicting judgments of the courts of same territorial jurisdiction and dissenting notes in the judgments often form the base of the conflict of law, requiring complex interpretations. Rules developed for interstate cases may not mechanically be applied to an international dispute without giving due consideration to the relevant policy of the state. (Scoles, 1966)
At this point, A. V. Dicey’s argument that “no maxim is a law unless it be part of the municipal law of some given country” seems highly relevant to form an informed opinion that at the end local laws- being the law of forum- override the foreign laws. (Dicey, 1908) Whatever conclusion is drawn from the discussion, the validity of the matter could only be determined from effectiveness in serving the purpose of justice. (Cook, 1924) It is highly important to note that surface reading of the title ‘conflict of laws’ may miss lead yet its real objective is “to eliminate any conflict between two or more systems of law” that may have conflicting claims of jurisdiction of the matter to be resolved. (Collier, 2001) The analogous argument- that the basic objective of this branch of law is to resolve conflict among competing authorities or territories- is expressed by Joel Lee Tye Beng an eminent professor of law. (Beng, 2012) Thus it may safely be assumed that the rules of conflict of laws can be applied to resolve matters between two for more countries- having foreign parties to dispute; and it can also be applied to resolve the disputes among autonomous territories within a country.
Post 18th Constitutional Amendment: Conflict of laws in Pakistan
It is widely argued that 18th Constitutional Amendment in Pakistan re-laid foundations of democracy and decentralization by proving enough autonomy to the provincial governments. (Shah, 2012) The Terms of Reference of the Committee- to propose constitutional amendment- among others, include provincial autonomy, strengthening parliament and Provincial
5 16 U. S. L. WEEK 3020 (1947).
Assemblies and independence of Judiciary. (National Assembly , 2015) Consequently, provinces have intensive legislation on different issues. From April 10, 2010 to March 2015- after 18th Constitutional Amendment- 483 laws were promulgated in the country. Among them 117 laws were passed by National Assembly passed, 133 by Sindh Assembly, 103 by Punjab, 80 by Khyber Pakhtunkhwa Assembly and 50 by the Baluchistan. Among provinces, Singh Assembly surpassed all other provincial entities in legislation during this period. (UNDP, 2015) As per Article 143(c) of the Constitution, the subjects of minor, marriage, woman and child welfare come under the territorial jurisdictions of Provincial Assemblies in provinces and Parliament in federal territories to legislate. It is of much importance to note, that both Parliament and a Provincial Assembly “shall have power to make laws with respect to criminal law, criminal procedure and evidence” (GoP, 2013); and in case of “inconsistency”, the acts of Parliament shall prevail and of a Provincial Assembly shall “to extent of repugnancy, be void”. (GoP, 2013) The provincial jurisdiction to legislate for children and concurrent jurisdiction of federal and provinces entities to promulgate “criminal law”-though federal legislation will have overriding effect in case of inconsistency or conflict- posed many question for legislators and jurists to ponder over. If an act against children (provincial subject) is criminalized (concurrent subject) through provincial legislation that is inconsistent with federal law, which law would prevail? If, as per Article 143 of the Constitution, federal law prevails in matters pertaining to criminal law, then how far the provincial autonomy is effective to protect children against offences like child marriage and child abuse?
The rationale behind choosing child related legislation to examine- whether 18th Constitutional Amendment caused conflict of law- is that is has subjects of both provincial and as well [concurrently] federal jurisdiction for legislation. More so, the issues of child marriage and child abuse have become a menace in the society and is of high importance to resolve. Hence textual analysis of the laws pertaining to child marriage and child abuse seems highly relevant.
Conflict of Law among Federal and Provincial Territories:
Criminalizing Child Marriage Child marriage has been protuberant aspect of child abuse. Prior to 18th Constitutional Amendment, the initial law to curb the abuse of child marriage, the Child Marriage Restraint Act, 1929 was promulgated which was unquestionably applicable to the whole of Pakistan. After the devolution of powers to provinces to legislate on the subject of minor, children or women, the subject of child marriage came the jurisdiction of provinces. The civil societies,
the rights advocacy groups and many among the politicians took notice to this important issue. Consequently, Sindh Child Marriage Restraint Act, 2013 and Punjab Child Marriage Restraint (Amendment) Act, 2015 were promulgated by the Provinces of Sindh and Punjab respectively while the other Provinces are still considering drafts bills on the said subject. This provincial legislation created conflict of law among provincial and federal territories. For example, in Sindh- under Sindh Child Marriage Restraint Act, 2013- contracting, solemnizing, promoting or permitting to be solemnized marriage of persons below the age of eighteen years -regardless of gender-is punishable with “Rigorous imprisonment which may extend to three years but shall not be less than two years and shall be liable to fine”. Whereas, under the Child Marriage Restraint Act 1929, which is applicable at present to the Federal territories including Islamabad Capital Territory, Gilgit Baltistan and Provinces of Khyber Pakhtunkhwa (because these provinces do not have their own legislation on the said subject ) the child means “a girl below 16 years and a boy below 18 years of age and -contrary to that of the Province of Sindh- the punishment for contracting, solemnizing or promoting or permitting to be solemnized child marriage is “simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.” The punishment for the same offence under Punjab Child Marriage Restraint Act, 2015 is “Simple imprisonment which may extend to six months and fine of fifty thousand rupees”.
Having said so, the same offence-child marriage- is defined conflictingly in different parts of country and the punishment for same offence is also described differently. Hence, created conflict of law within the country and needs deliberation of the Legislature resolve. The lowest punishment for the offence is described in federal law. Under the Article 143 of the Constitution, one may argue that provincial laws- stating punishments, fall under the ambit of criminal law and consequently the federal law overrides provincial laws. While on the other hand a second well-grounded argument may be that provinces are empowered to legislate for minor or children, hence provincial law is competent. The issue of the conflict of law is yet to be resolved.
Child Marriage Restraint Laws
6 The original text of Child Marriage Restraint Act, 1929 is quoted in the table. 7 The original text of Punjab Child Marriage Restraint (Amendment) Act, 2015 is quoted in the table. 8 The original text of Sindh Child Marriage Restraint Act, 2013 is quoted in the table.
Federal Territories, KP & Baluchistan6
Who’s a Child?
A girl below 16 years and a boy below 18 years of age.
A girl below 16 years and a boy below 18 years of age.
A person below 18 years of age.
Punishment for male adult above 18 years of age marrying a child
Punishment Simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Simple imprisonment which may extend to six months and fine of fifty thousand rupees.
Rigorous imprisonment which may extend to three years but shall not be less than two years and shall be liable to fine.
Punishment for solemnizing a child marriage
Punishment Simple Imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Simple imprisonment which may extend to six months and fine of fifty thousand rupees.
Rigorous imprisonment which may extend to three years but shall not be less than two years and shall also be liable to fine.
Punishment for parent or guardian concerned in a child carriage
Punishment Imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
Simple imprisonment which may extend to six months and fine of fifty thousand rupees.
Rigorous imprisonment which may extend to three years but shall not be less than two years and shall also be liable to fine.
Criminalizing Child Sexual Abuse Another area where conflict of law, among federal and provincial legislations, exist is defining and criminalizing the menace of child sexual abuse. Generally, the offences relating to child abuse are covered under Pakistan Penal Code 1989, applicable to the whole of Pakistan. Since, child or minor is the subject of provinces, so the provincial governments have also promulgated their own laws in this regard. For examples, Sindh Children Act, 1955 Punjab Destitute and Neglected Children Act, 2004 and KP Child Protection & Welfare Act, 2010 are the related child protection laws that contain provisions to criminalize child sexual abuse. To harmonize the federal law with the constitutional requirements, curbing the modern era crimes and making it in consonance with the international law particularly convention on the rights of child and its second optional protocol, sale of child, child prostitution, child pornography (OPSC), a Criminal Law (Amendment) Bill, 2015 is proposed for the Ministry of Law, Justice and Human Rights. It is highly interesting to know that all the said laws on the subject of child sexual abuse are in conflict with one and other and defines different aspects of child sexual abuse differently and accordingly these laws are also in conflict with while giving punishments for the same crime. For example, the offence of child pornography (OPSC) is none existent in the major federal law Pakistan Penal Code, 1989 which is applicable to the whole of country. Below chart presents the comparative punishments promulgated in above quoted law.
Child Sexual Abuse related Offences and Punishments.
Offences Federal law9 PPC, 1860
Sindh10 SCA, 1955
KP11 KPCP&WA, 2010
Punjab12 PD&NCA, 2002
Allowing or Permitting Child to be in Brothel
S. 55 Imprisonment which may extend to two years or fine may extend to Rs 1,000 or with both.
Causing or Encouraging Seduction etc. (of a girl under 18 years)
S. 56 & 57 Imprisonment which may extend to two years or fine may extend to Rs 1,000 or with both.
Exposure to seduction.
S, 293. (Sale, etc., of obscene objects to young
S. 58 & 59 Imprisonment of a term which may extend to two years
S. 50 Imprisonment which may extend to seven years or
S. 40 Imprisonment which may extent to three years or with fine may extend to
9 Pakistan Penal Code, 1860 10 Sindh Children Act, 1955 11 Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 12 Punjab Destitute and Neglected Children Act, 2004
S. 292 (A)13 Imprisonment of either description for a term which shall not be less than 1 year and may extend to 7 years or with fine hich may not be less than Rs. 100,000 and may extend to Rs. 500,000, or with both.
person…)14 may be punished with imprisonment which may extend to six months or with fine, or with both.
or with fine which may extend to Rs 1,000 or with both.
liable to fine which may extend to ten hundred thousand rupees, or with both.
fifty thousand rupees
S. 377 B15 Imprisonment which may extend to seven years and with fine which may not be less than Rs. 500,000 or with both.
S. 53 Imprisonment which may extend to fourteen years and shall not be less than seven years and shall also be liable to fine which shall not be less than ten hundred thousand rupees.
Punishment for child pornography
292 (C)16 Imprisonment which may extend to seven years and with fine which shall not be less than two hundred thousand rupees and may extend to seven hundred thousand rupees
Rigorous imprisonment which may not be less than three years and may extend to seven years and also liable to fine which may not be less than two hundred thousand rupees and may extend to five hundred thousand rupees.
Triggering Factors for Child related post 18th Amendment Legislation
Under the UNCRC, the state party’s central government required to fulfill its obligations no matter what is the internal administrative structure of the state. The Committee on the Rights of the Child rightly observed that the issue of conflict of law within states, provinces and
13 This section has been introduced in Criminal Law Amendment Bill, 2015 to amend Federal laws (Pakistan Penal Code, 1860 and Criminal Procedure Code, 1898) which is under discussion at Standing Committee on Law and Justice with the approval of the Prime Minister and sooner is expected to be presented before the Parliament for enactment. 14 In the existing law, Pakistan Penal Code, 1860, although in sections (292 or) 293 the word “seduction” is not explicitly used but the language of the section implicitly criminalizes seduction by making the sale of obscene material to young persons as punishable. 15 Ibid 16 Ibid
administrative units of any member country should not affect and reduce the responsibility of government of member states to fulfill its obligation (United Nations, 2003).
The international agencies and their programs played very vital role to compel provincial governments for amending laws in order to curb the menace of child marriage. This was accepted by Mian Mujtaba Shuja Ur Rehman, Law Minister Punjab that the Punjab Child Marriage Restraint Act, 2015 was introduced under the title Bachpan Bachao campaign launched in Pakistan, in collaboration of Dutch Government. (Warraich, 2015)
Most of political parties of national or regional level decided to close their lips on the issue of child marriage. The reason being lack of political will and understanding of issue. On the other hand, the religious segment of society openly supported their version of restricting an age for marriage as un-Islamic. The council of Islamic ideology declared that the clause restricting the age limit for marriage as Un-Islamic and a child may marry under Shariah as soon as s/he reaches the age of puberty, regardless of number of years of the age. Surprisingly, the politicians instead of guiding or educating masses regarding the issue, feared public reaction and debate generated afterwards.
The bill on restricting child marriage had been introduced in Punjab Assembly in absence of the opposition party leaders, who had already contributed to curb child marriages by passing Sindh Child Marriage Restraint Act, 2013- comparatively more stringent law that introduced maximum punishments for contracting, facilitating or solemnizing child marriages. In year 2013, Information Minister Khyber Pukhtunkhwa of Awami National Party (ANP) opposed the private member Child Marriage Restraint (Amendment) Bill 2013 on the ground that it would trigger a debate in the province, whether or not it is a move in consonance with the injunctions of Islam. (Zia, 3013). Interestingly this private member bill was also moved by Munawar Sultana, the ANP’s Member of Provincial Assembly.
The government of Punjab clearly admits that promulgation of the said law was the outcome of incessant following of the non-governmental organizations. Similarly, Unicef and other advocacy groups advocated the heinous of issue of child marriage with the Government of Sindh and lobbied for promulgation of Sindh Child Marriage Restraint Act, 2013. ANP’s government in KP, though belonged to left wing in its outlook, rejected the bill on the same issue, though it was presented by the own MPA. Meaning thereby, it was not heinousness of
the issue behind this legislation, but it was considerations of political gains that Political Parties sought to get through such legislative acts.
At individual level, politicians of not only traditionally known left parties like PPP and ANP but also traditionally known right wing party PML-N opposed this version of Council of Islamic Ideology and also put their efforts in the assemblies to bring issue in the limelight. The Senator Farhatullah Baber of PPP in response of Council of Islamic Ideology’s statement discussed this matter in the Senate and stated that the CII in fact was advocating the narrative of the Taliban by justifying child marriages. He termed this statement as evidence of increase in radicalization and extremism in the society. (Salam, 2014) Munawar Farman, Ex MPA of ANP and Marvi Memon Member National Assembly opposed the point of view of CII, considering it irrational and illogical and emphasized to amend legislation to stop child marriages. It is also important to note that a vacuum exists in family laws to register Hindu marriages in Pakistan. The Hindu community- a minority in Pakistan- had been facing difficulty in even getting Computerized National Identity Cards due the issues in registration of marriages. Looking at seriousness of the matter, the Supreme Court of Pakistan took suo moto and directed National Data Base Registration Authority to the amend rules to facilitate Hindu Community for gent CNIC and other registrations. (Iftikhar Muhammad Chaudhry, 2012). On the part of political forces, there seemed little interest to protect the family rights of the minorities, through updated legislation.
It may not be out of place to mention that all over the Pakistan different Nation or international non-profit organizations launched advocacy campaigns to ban child marriage. In 2012, Action Aid Pakistan and Ideas for Life Trust along with many other NGOs jointly launched campaign with the message “Safeguard My Childhood: Stop Girl Child Marriage.” In 2010 and 2011, a child rights NGO (SPARC) had also extensively campaigned against the child marriages and raise public awareness on the harmful effect child marriages on children and families. Three campaigns were launched at district levels with the local society networks. In 2013, the Child Rights Movement Pakistan has also launched a postcard campaign for to convince legislators for amending laws to stop child marriages. The CRM has printed more than 5000 postcards which are sent to the Prime Minister of Pakistan in order to proceed for child protection related bills pending in the parliament. (The News, 2013) In 2013, in Punjab, Alliance against Child Marriage of various NGOs working human rights in Pakistan has been formed. The Alliance has held meetings with Parliamentarians lobbying to have legislation for halting child
marriages. (DAWN, 2013) Thus the civil society also contributed to a large to convince and spur politicians for the enactment of the child protection related legislations.
Conclusion: The 18th Constitutional Amendment is a hall mark in constitutional and legal history of Pakistan whereby provinces are empowered to legislate in all areas which were not included in Federal Legislative List. Among others, through this Amendment, the concurrent legislative list is abolished, provincial autonomy is strengthened, parliamentary sovereignty is resorted and presidential powers over parliament are curtailed. As a result of this devolution of power, provinces promulgated many laws applicable to their provincial territories having provisions which are in conflict with federal laws. The conflict of laws, a subject of Public International Law, may be applied to Pakistan’s federal and provincial legislations to solve the issues of conflicting claims. Due to the difficulty in understating of the issue of conflict laws for general masses, it often resulted in mockery of judiciary and lack of confidence over judicial system. It created conflict among Federal and Provincial entities and sometimes delayed or denied justice to public. If this conflict of laws exists even in future, and not resolved by competent authorities, the public may turns a blind eye to formal system of governance and may prefer adopting informal means to resolve their disputes.
References A. V. Dicey, C. G. (1896, 2015). Dicey, Morris and Collins on the Conflict of Laws (15th ed.). (L. C.
Mapesbury, P. C. Morse, P. D. McClean, P. A. Briggs, P. J. Harris, P. C. McLachlan, . . . P. P. McEleavy, Eds.) Sweet & Maxwell.
Beng, J. L. (2012). Conflict of Law. SAL Annual Review, 180-194.
Bhawan, J. M. (2005). Transnational Litigation – Conflict of Law. New Delhi: Law Commission of India.
Collier, J. G. (2001). Conflict of Law. Cambridge: Cambridge University Press.
Columbia Law Reviews. (1947). The Supreme Court and the Conflict of Laws. Columbia: Yale Law School.
Cook, W. W. (1924, March). The Logical and Legal Bases of the Conflict of Law. Yale Law Journal, XXXIII, 457-488.
CULS. (2015, 08 12). Conflict of Law. Retrieved from Legal Information Istitute, Cornell University Law School : https://www.law.cornell.edu/wex/conflict_of_laws
DAWN. (2013, November 06). Legislation against child marriage sought. Retrieved from Dawn News: http://www.dawn.com/news/1054449
Dicey, A. V. (1908). The Conflict of Law (3rd ed.). London : Sweet & Maxwell.
Dijk, T. A. (2011). Discourse Studies: A Multidisciplinary Introduction. New Delhi: SAGE Publications.
European Judicial Network. (2006, 10 6). Applicable law – England and Wales. Retrieved from ec.europa.edu: http://ec.europa.eu/civiljustice/applicable_law/applicable_law_eng_en.htm
Fairclough, N. (1989). Language and Power . London: Longman.
GoP. (2013). The Constitution of Islamic Republic of Pakisan, Article 142c). Islamabad : Printing Press of Pakistan .
GoP. (2013). The Constitution of Islamic Republic of Pakisan, Article 143. Islamabad : Printing Press of Pakistan .
GoP. (2013). The Constitution of Islamic Republic of Pakisan, Article 70(4). Islamabad: Printing Press of Pakistan.
Government of USA. (2007). The Constitution of United States of America . Washington: US Government Printing Office.
Government of USA. (2015, 08 10). Unifrom Conflict of Law – Limitation Act. Retrieved from Washington State Legislature : http://apps.leg.wa.gov/rcw/default.aspx?cite=4.18.020
Govindaraj, V. C. (2011). Conflict of Law in India: Inter-Territorial and Inter-Personal Conflicts . New Dehli : Oxford .
Horváth, J. (2013, March 28). Critical Discourse Analysis of Obama’s Political Discourse. Retrieved from Columbia University : http://www.cs.columbia.edu/~sbenus/Teaching/APTD/Horvath_CDO_Obama.pdf
Iftikhar Muhammad Chaudhry, C. K. (2012). Suo Motu Case No. 22 of 2009, decided on 23rd April, 2012. Supreme Court Monthly Review, Supreme Court of Pakistan , 1147.
Musarrat, R., Ghulam Ali, & Azhar, M. S. (2012). 18th Amendment and Its Impacts on Pakistan’s Politics. Journal of Sociological Research, 1-2.
National Assembly . (2015, August). Report on Constitutional Aemendment Bill 2010. Retrieved from www.na.gov.pk: http://www.na.gov.pk/uploads/documents/report_constitutional_18th_amend_bill2010_02041 0_.pdf
Salam, G. R. (2014, May 2). Child Marriage Restraint Act: Is Three Years In Prison Enough? Retrieved from bolobhi.org: http://bolobhi.org/child-marriage-restraint-act-is-three-years-inprison-enough/
Scoles, E. F. (1966, October). Interstate and International Distinctions in Conflict of Law in United States. California Law Review, 54(4), pp. 1599-1623.
Shah, A. (2012, September). The 18th Constitutional Amendment: Glue or Solvent for Nationbuilding and Citizenship in Pakistan? The Lahore Journal of Economics, 387-424.
Tanvernise, S., & Masood, S. (2010, April 6). Pakistan Weighs Changes to Revise Constitution . Retrieved from The New York Time: http://www.nytimes.com/2010/04/07/world/asia/07pstan.html?_r=0
The News. (2013, October 23). Postcard drive for child rights legislation launched. Retrieved from The News/Today: http://www.thenews.com.pk/Todays-News-6-209662-Postcard-drive-forchild-rights-legisla
UNDP. (2015, April). Five Years of the 18th Amendmenth. (M. Hassan, Ed.) Development Advocate Pakistan, 2(1), p. 6.
United Nations. (2003). General Measures of Implementation of the Convention on the Rights of the Child, Article 40. General Comments (p. 10). Committee on the Rights of Child.
Warraich, S. (2015, March 31). Featured . Retrieved from Newslens.pk: http://newslens.pk/legaleffort-to-curtail-child-marriage-after-86-years/
Waseem, D. M. (2010, August ). Federalism in Pakistan. Retrieved from Forumfed.org: http://www.forumfed.org/pubs/Waseem-Fed-Overview.pdf
Zia, A. (3013, January 18). Ministers backtrack on support to curb early marriages. Retrieved from The Express Tribune : http://tribune.com.pk/story/495567/child-marriage-restraintamendment-bill-2013-ministers-backtrack-on-support-to-curb-early-marriages/