LAHORE: The Lahore High Court (LHC) on Friday allowed a habeas corpus petition for the recovery of an underage Christian maid from her employer, and handed over the child’s custody to her parents.
Justice Tariq Saleem Sheikh heard the petition filed by Nasira Bibi for the recovery of her daughter, Muskan, from a Sargodha-based family.
At the outset of the proceedings, Muskan was produced before the court by the her employer in response to court notices issued at the last hearing.
The respondent’s counsel apprised the court that the girl had embraced Islam and she wanted to live with her employer. He pleaded with the court to allow the girl to live with her employer.
At this, the court inquired how a child below 15 years could be employed in domestic household work in violation of Section 3 and 31 of Punjab Domestic Workers Act 2019.
Subsequently, the court handed over the girl to her Christian parents while observing that the employer could not keep her in illegal custody.
Amicus curiae Advocate Sheraz Zaka submitted that a child below 15 years could not be employed as a domestic worker as enumerated in Punjab Domestic workers Act 2019.
He further argued that the child was presumed to have her father’s religion until he/she attains the age of maturity and becomes intelligent to form opinion according to her conscience, as per judgements of the superior courts.
The petitioner through her petition pleaded with the court for recovery of her daughter from the employer.
She submitted that her daughter was 14-and-a-half-year old and she was employed as a domestic help with a Sargodha based family.
She submitted that the employer kept her daughter in illegal custody and she was not being allowed to meet her daughter.
