Peshawar High Court Rules In Favor Of Dual Citizenship For Children Of Pak-Afghan Families
Date
7/13/2024 10:18:44 AM
(MENAFN- Tribal News Network)
The Peshawar High Court has ruled in favor of the children from 95 Pakistani families with dual citizenship, who had mistakenly taken Muhajr cards. The court stated that a Pakistani woman can hold dual citizenship, and her children are entitled to dual citizenship up to the age of 21. It ruled that Pakistani ID cards cannot be blocked due to the National Database and Registration Authority (NADRA) record of the migrant card.
The Peshawar High Court heard 95 constitutional petitions, with the decision reserved until now. A detailed written decision containing 62 attributes has been issued. These cases were filed through Advocate Saifullah Mohib Kakakhel and were heard by Justice Syed Arshad Ali and Justice Waqar Ahmed.
During the hearing, the lawyer argued that the cases all involved one Pakistani parent and one Afghan parent, which had resulted in their children being deprived of citizenship. The lawyer explained that due to the difficulty in obtaining an identity card, many had opted for a Muhajr card to identify themselves. He noted that people from countries like Afghanistan, Ukraine, and Palestine often seek asylum and citizenship in other countries easily.
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The court was informed that Clause 5 of the Pakistan Citizenship Act clearly states that a child is considered Pakistani if either the mother or the father is Pakistani. The law, which was changed in 2000, previously allowed only the father or grandfather to confer citizenship.
The court was also told that the lack of citizenship and identification cards has led to divorces between Pakistani and Afghan couples. Pakistani women typically prefer to stay in Pakistan, while Afghans wish to return home due to various hardships and operations. A recent case involved an Afghan husband who killed his wife in Nowshera and fled to Afghanistan with their children.
Counsel for NADRA and the Ministry of Home Affairs argued that it was impossible to cancel the Muhajir card and that such individuals would need to reapply for citizenship. They stated there was no policy in place to cancel the Muhajir card.
In its detailed decision, the court declared that a Pakistani woman is eligible to hold dual citizenship and that her children can hold dual citizenship until the age of 21. It ruled that blocking the card due to the migrant card and not issuing the identity card was illegal.
The court urged the Ministry of Home Affairs to verify the applicants' documents, grant them citizenship, and complete the process as soon as possible, following the revocation of previous policies.
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