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RIGHTS IN PAKISTAN
PAKISTAN LAW ON HUMAN RIGHTS
Father of the Nation Mr. Muhammad Ali Jinnah's in his presidential address to the constituent
assembly of Pakistan in 1947 said the following:
"As you know, history shows that in England, conditions, some time
ago, were much worse than those prevailing in India today. The
Roman Catholics and the Protestants persecuted each other. Even
now there are some States in existence where there are
discriminations made and bars imposed against a particular class.
Thank God, we are not starting in those days. We are starting in the
days where there is no discrimination, no distinction between one
community and another, no discrimination between one caste or
creed and another. We are starting with this fundamental principle
that we are all citizens and equal citizens of one State. "
The conditions prevailing today in Pakistan affect every individual life. If we are to improve
conditions then the law must be upheld to bring peace and security to the land and to build lives
of dignity and respect. It is duty of every individual to stand up and prevent any violations or
breaking of the law. If we are to build a better nation then familiarity with the law is also to some
degree necessary.
FUNDAMENTAL RIGHTS AS PER PAKISTAN CONSTITUTION:The currently enforced 1973 Constitution is the supreme law of the country and all laws passed
should be in line with the Constitution. However, this Constitution has undergone various
amendments, especially during the previous Martial Law period (1 977-1985), which have
weakened the guarantees it provides for equal rights.
Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights which are to be
available to all citizens, women as well as men wherever they may be, as well as all people
temporarily or permanently in Pakistan.
The basis of fundamental rights is laid out in Article 4, which states that it is the inalienable right
(i.e., can never be taken away) of individuals (citizens wherever they may be as well as
individuals currently in Pakistan) to enjoy the protection of law and be treated in accordance
with law. It also guarantees the protection of life, liberty, body, reputation & property of an
individual.
Listed here are the points that are covered by the constitution of Pakistan:
I.
II.
A person cannot be punished for an act which was legally not a crime at the
time of its occurrence
III.
Slavery, all forms of forced labour and trafficking of human beings are
prohibited
IV.
Guarantees privacy of home and forbids torture for the purpose of extraction
of evidence.
Police or any other state agency can enter a home only after obtaining lawful
authority (in writing, naming person & purpose of entry e.g., arrest or
recovery of stolen goods).
V.
Every citizen is free to: move, live and settle in any part of the country, and
also has the right to a passport and to travel abroad
Every citizen has the right to assemble peacefully (Exceptions: these can be
restricted by law in the public interest)
Every citizen has the right to: join an association/union; freedom of speech
and expression; freedom of the Press is guaranteed
(Exceptions: can be restricted by law on grounds of sovereignty& integrity of
VI.
Every citizen has the right to believe, practice and propagate their religion.
Every religious denomination/sect has the right to establish, maintain and
his/her own.
No discrimination against any community in grant of tax exemption or
VII.
Every citizen is allowed to own, sell his/her property in any part of the
country.
No person can be deprived of her/his property compulsorily. If property, land
is needed in public interest, then the government has to give reasonable
compensation to the owner.
All citizens are equal before law and are entitled to equal protection of law.
There shall be no discrimination on the basis of sex alone
(Exceptions: the state can make special provisions for the protection of
IX.
In addition to the Fundamental Rights described above, the Constitution also lists several
Principles of Policy. The government is to make policies accordingly, which the government,
all public institutions and all government servants are expected to uphold. A number of the
Principles of Policy specifically relate to women:
Article 32 special representation shall be given to women in local government institutions (i.e.,
local bodies).
Article 34 steps shall be taken to ensure full participation of women in all spheres of national
life.
Article 35 the State shall protect marriage, the family, the mother and the child.
Article 37(e) make sure women are not employed in vocations unsuited to their sex, and that
working women get maternity benefits.
Article 38(a) secure well-being of the people, irrespective of sex.
THE 18TH AMMENDMENT:Parliament has passed three constitutional amendments to prompt and consolidate democratic
values in the country. In April 2010, parliament unanimously passed the 18th Amendment to the
Constitution, addressing many imbalances of power. The Right to Education (Article 25A), Right
to Information (Article 19A) and Right to Fair Trial (Article 10A) are now recognized as
fundamental rights, which cannot be suspended. Moreover, changes were made to administrative
governance in the Federally Administered Tribal Areas (FATA); whereby, the arbitrary powers of
the local administration to make arrests and detain individuals were curtailed and prisoners have
been given the right to bail. Likewise, in 2011 the Political Parties Order 2002 was extended to
Federally Administered Tribal Areas.
NATIONAL COMMISSION FOR HUMAN RIGHTS ACT, 2012:In May 2012, Pakistan enacted a new law creating an independent National Commission for
Human Rights (NCHR) in accordance with Paris Principles. A series of HR related legislation
include: the Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011; the
Acid Control and Acid Crime Prevention Bill 2010; Domestic Violence (Prevention and
Protection) Bill and laws on sexual harassment. In order to ensure adequate representation of
minorities in central and provincial legislatures, seats have been reserved for minorities in the
National Assembly, the Senate and the Provincial Assemblies.
NATIONAL COMMISSION ON THE STATUS OF WOMEN:National Commission on the Status of Women (NCSW) is a statutory body, established in July
2000. It is an outcome of the national and international commitments of the Government of
Pakistan like Beijing Declaration and Platform for Action, 1995; and National Plan of Action
(NPA) for Women, 1998. Three Commissions have completed their respective term of three
years. Term of the last Commission expired on 31st December, 2008.
The National Commission on the Status of Women (NCSW) was established with the specific
purpose to: Examine policies, programs and other measures taken by the Government for
womens development and gender equality; Review laws, rules and regulations affecting the
status of women; Monitor mechanisms and institutional procedures for redress of violations of
womens rights and individual grievances; Encourage and sponsor research to generate
information, analysis and studies relating to women and gender issues; Develop and maintain
interaction and dialogue with NGOs, experts and individuals in society at the national, regional
and international level; any other function assigned to it by the Federal Government.
DOMESTIC VIOLENCE:
Domestic violence in Pakistan is an endemic social problem. According to a study carried out in
2009 by Human Rights Watch, it is estimated that between 70 and 90 percent of women and girls
in Pakistan have suffered some form of abuse. An estimated 5000 women are killed per year
from domestic violence, with thousands of others maimed or disabled. Law enforcement
authorities do not view domestic violence as a crime and usually refuse to register
any cases brought to them.
In general Freedom of the press is allowed but any reports critical of the
government policy or critical of the military is censored. Journalists face widespread
threats and violence making Pakistan one of the worst countries to be a journalist
in, with 61 being killed since September 2001 and at least 6 murdered in 2013
alone. Tv stations and news papers are routinely shut down for publishing any
reports critical of the government or the military.
CORPORAL PUNISHMENT:
Pakistan signed and ratified the United Nations Convention on the Rights of the Children
(UNCRC) on 12 November, 1990 and Article 4 of this article urges that States shall
undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognised in the present Convention. After 18 th
Constitutional Amendment it is responsibility of provincial government to ensure the
legislation for protection of children.
According to one report, corporal punishment is a key reason for school
dropouts and subsequently, street children, in Pakistan; as many as 35,000
high school pupils in Pakistan are said to drop out of the education system
each year because they have been punished or abused in school.
During violent conflict, to protect refugees and war victims from any surrounding
violence in their communities can sometimes help to safeguard human lives.
2. AWARENESS ON HUMAN RIGHTS ON NATIONAL LEVEL:
Education about human rights must become part of general public education.
Awareness programmes should be executed on public places so that the people would
understand their rights and stand against violations.
2. Member of Police and Army should be trained on H R:
Members of the police and security forces have to be trained to ensure the
observation of human rights standards for law enforcement. Research institutes and
universities should be strengthened to train lawyers and judges. To uphold human
rights standards in the long-term, their values must permeate (spread throughout) all
levels of society.
3. Discussion among ethnic groups:
and
forgiveness.
5. Role of Press and other institutions:
External specialists can offer legislative assistance and provide guidance in
drafting press freedom laws, minority legislation and laws securing gender equality. They
can also assist in drafting a constitution, which guarantees fundamental political and
economic rights.
CONCLUSION
Promotion and protection of human rights is a continuous process to which people of Pakistan
remain committed. Pakistan is a democratic, pluralistic and progressive country. Pakistanis aspire
for a society that is based on equality, the rule of law, respect for diversity, and justice. Our
constitution reflects all these aspirations. However, Pakistans government has a long way to go
in translating these theoretical aspirations into practical benefits. Political polarisation, bad
governance, nepotism, corruption in the lower judiciary, corporatization of media etc are some of
the powerful barriers which inhibit good intentions from translating into sustainable plan of
action. There is indeed a huge gap between the lofty claims made during the UPR and the ground
reality of human rights. The expansion of international human rights law has often not been
matched by practice. Yet, there is growing consensus that the protection of human rights is
important for the resolution of conflict and to the rebuilding process afterward. To achieve these
goals, the international community has identified a number of mechanisms both to bring an end
to human rights abuses and to establish an environment in which they will be respected in the
future. They are not alternatives, but each provides important benefits in dealing with the past
and envisioning (visualize) a brighter future.
REFERENCES
http://www.pakistani.org/pakistan/constitution/part2.ch1.html
HUMAN RIGHTS, THEORY AND PRACTICE, BY BARRISTER ZAFARULLAH KHAN PDF
http://www.na.gov.pk/uploads/documents/1333523681_951.pdf
http://pakobserver.net
https://www.hrw.org/news/2008/02/12/pakistan-election-commission-not-impartial
https://en.wikipedia.org/wiki/Human_rights_in_Pakistan
http://www.ncsw.gov.pk/
http://www.lead.org.pk/hr/attachments/issues/Domestic%20violence.pdf
http://www.lead.org.pk/attachments/policy_briefs/human_rights/01_Civil_Political_Rig
hts.pdf
https://www.hrw.org/world-report/2015/country-chapters/pakistan
http://www.ihro.org.pk/downloads/PAKISTAN%20LAW%20ON%20HUMAN
%20RIGHTS.pdf