1. Police and Human Rights
i) Police and civil liberties
IN PAKISTAN THE WAY A PERSON IS TREATED
in the police precinct is reflective of the local power structure of the area. In the case of a minor theft or injury, most citizens do not report the crime for fear that the police will engage in extortion. The extra-legal use of police for state purposes is rare, however, the use of torture and illegal detention by police is believed to be done for personal gain and to cover inefficiency. Corruption is the root cause of this phenomenon. Any perusal of the newspapers, reports of national and international human rights NGOs, and reports such as the U.S. State Department’s annual human rights report will illustrate that the police in Pakistan routinely misuse their powers.
Recently, the government of Pakistan has made efforts to improve the police force nationwide. These efforts have not yet improved the image of the police in the public eye. The common person’s perception is that the police more often exploit the victim rather than go after the criminal. Reports in the press about police torture are still commonplace, despite recent efforts by the authorities to improve police accountability. However, the silver lining is that the police officers involved in torture are being punished and that the Government is making efforts to hold the police accountable.
CURRENT LEGAL SITUATION
PAKISTAN IS A SIGNATORY TO THE UN CHARTER, which mentions the promotion and protection of human rights as one of its objectives. Pakistan is also a signatory to the Universal Declaration of Human Rights (UDHR). The UDHR is a declaration, and therefore non-binding under international law. However, over the last half century legal experts have come to believe that most of it has become part of customary international law.
Customary international law is state practice that states in general have come to accept as law, and therefore consider themselves bound by it. The UDHR contains provisions on two broad categories of rights: civil and political rights, and economic, social and cultural rights. Civil and political rights “include the right to life, liberty, and security of persons; the prohibition of slavery, of torture and cruel, inhuman or degrading treatment; the right not to be subjected to arbitrary arrest, detention or exile; the right to a fair trial in both civil and criminal matters; the presumption of innocence and the prohibition against the application of ex post facto laws and penalties.”
TORTURE AND OTHER CRUEL, INHUMANE, OR DEGRADING TREATMENT OR PUNISHMENT
The Constitution of Pakistan forbids torture and other cruel, inhuman, or degrading treatment. Although incidents of police torture have decreased over the past few years, the leading national human rights NGO in Pakistan, the Human Rights Commission of
Pakistan (HRCP), reports that, “the use of torture was extremely widespread in the country—with both police and prison officials responsible for inflicting it.” Some human rights groups are of the opinion that this decrease is reflective of the influence of the army monitoring teams, which discourage the use of torture. These monitoring teams were instituted in 2000 to ensure good performance by civil departments.
ARBITRARY ARREST, DETENTION, OR EXILE
Article 10 of the Constitution of Pakistan prohibits arbitrary arrest and detention. However, the police are often accused of arbitrarily arresting and detaining citizens. There are reports that the junior police officials at Inspector level and below illegally detain suspects in order to extort money from them and often move prisoners from one police station to another if they suspect a surprise visit by higher police authorities.
2002 AMENDMENT TO THE ANTI-TERRORISM ACT-1997
The Amendment to the 1997 Anti–Terrorism Act of Pakistan (Act) allows the detention of people suspected to be terrorists for up to one year. It also allows for investigation of the accounts and property of suspects. The Act defines a terrorist act very broadly. All laws which infringe on the citizen’s liberty need to be narrowly defined, otherwise there is a possibility of their misuse by the police. The state in the post-September 11 scenario rightly feels that it needs to strengthen its security apparatus to protect its citizens from politically motivated violence. However, it should be done in such a way that due process rights are not affected and police personnel are not given a loophole to misuse their powers.
CHANGES IN THE POLICE AND ADMINISTRATIVE STRUCTURE
Pakistan is a federation with four separate provinces and one federally administered area. In the police structure each of these divisions is headed by an inspector-general of police. The smallest administrative unit is the thana, or police precinct, headed by a police inspector.
The Government of President Pervez Musharraf, introduced certain reforms into the administrative structure of the country and replaced the 1896 Police Act with the Police Ordinance 2002 (Ordinance). This Ordinance has brought about many needed changes in the century old Police Act. However, the new Police Ordinance does not fully meet the requirements of the time and has in some ways made the police stronger, especially in conjunction with the recently introduced Devolution Plan, which has brought about major administrative changes at the district level. There is much to commend in the Devolution Plan, as it is based upon the democratic principle of local participation in governance. However, the flip side of the current situation is that it leaves the police more powerful and less accountable. Interestingly, the Nazim, the political head of district government under the Devolution Plan, has little control over the police.
The Nazim has a supervisory role over the police, but lacks enforcement power. If the objective is to devolve power to the local level, then an important aspect of devolution is the maintenance of law and order, which has been denied to the elected Nazim.
A significant number of police officers in Pakistan are federal employees and are lent to the provincial governments for posting as police officers. If they are not under the elected officials of the district or the province, then their operational independence can lead to a lack of accountability. Under the new Police Ordinance, the provincial government does not have any significant say on who is to be appointed the inspector-general of police of a province. However, under the Constitution of Pakistan, law and order are provincial subjects, and the chief minister is the executive head of the provincial government.
Under Section 33 of the Police Ordinance 2002, the head of district police shall be responsible to the District Nazim for police functions; but this shall not include “administration of the district police, investigation of criminal cases and police functions relating to prosecution,” which shall rest with the police. The Nazim may visit a police station to find out if any person is under unlawful detention, and, in appropriate cases, may also direct action in accordance with law. However, the order does not state what will happen if the district police officer disobeys the orders of the Nazim, other than that the detainee can refer it to some authority without her or himself having any enforcement power.
As mentioned above, the government has introduced a new district administrative structure through its Devolution Plan. Key changes include transferring oversight of the district superintendent of police from provincially appointed district commissioners to elected district mayors. The Plan allows the district police officer to order the use of live fire on their own authority and establishes public safety commissions, which have partial oversight over the district police. The public safety commissions under this Ordinance exist at the district, provincial and federal level. The commissions are to consist of appointed members recommended by various bodies, such as the district council and the provincial government.
While the commissions has rightly transferred power to elected officials, they have also strengthened the powers of the police. The Nazims and the public safety commissions have oversight powers over the police, but they do not have any enforcement power. In an environment where the police are prone to misuse their powers, it is necessary to have mechanisms to control potential abuse. In addition, the members of the public safety commissions are restricted to a single term of three years, thereby ensuring complete turnover where no use can be made of the experience acquired by members of the last commission.
The district public safety commission’s task is to oversee complaints against the police and evaluate police performance. However, there is no concrete action that the commission can take against a recalcitrant or errant police official, except referring the matter to the provincial government or police complaint authority. Effectively, the police have no authority controlling them, except their own hierarchy. In Pakistan it is reported that police officers often protect their subordinates, irrespective of their fault. In such situations, where the police are beyond the control of both the Nazims and the provincial government, they are likely to abuse their powers.
In Pakistan, politicians have tended to interfere in purely administrative and police affairs, and it is therefore understandable that the government aims to make police immune from such interference. However, the police must be held accountable for the use of their powers, and in the attempt to provide them with operational independence, they must be ruled unaccountable. There has to be a system of effective checks and balances.
Recommendations to protect Civil Liberties against misuse of Police power
IN ANY MODERN, DEMOCRATIC SOCIETY, it is important that the people enjoy basic human dignity and the knowledge that they are protected by properly-enforced laws. It is therefore imperative that Pakistani police are brought within the realm of Pakistani law and internationally acceptable standards for police conduct. In this regard there are certain steps that must be taken to ensure that the national police use their powers for the purpose for which the constitution intended—that is, the maintenance of law and order within the ambit of the law.
1) Mandatory action should be prescribed against recalcitrant police officers. For example, in case of reported torture in a police station, a report should be registered against the station house officer, and upon the occurrence of two such cases in a subdivision, a report should be filed against the assistant superintendent of police for criminal negligence of duty.
2) Greater disciplinary and legal action should be taken against police officials who misuse their powers, so that the corrupt are weeded out of the service and the public have better confidence in the force. In addition, the general perception that police officers protect their subordinates to a fault needs to be addressed.
3) Civil society in Pakistan is small but vibrant and has already withstood an attempt to be curtailed. Under the Nawaz Sharif regime, an effort was made to ban a large number of NGOs. Civil society acts as a watch-dog on governmental action on behalf of the people and should therefore be encouraged to play a role in monitoring police excesses and accountability. In this way, civil society can act as a bulwark against police excesses.
4) There is also a need to better train the police. In this regard, refresher courses should be held for in-service officers, as they need to be kept up to date with modern methods of crime detection as well as sensitization on important issues such as human rights, women’s rights, children’s rights, the rights of minorities, etc.
5) To hold the police accountable for their actions, a better mechanism for accountability is required. This could be realized through the establishment of a special police ombudsman at the district level, who could deal exclusively with cases of police excesses. Until such a plan is fully implemented, one ombudsman may look after two or three districts. In addition, the civilian authority, that is, the provincial government and the Nazim, should have greater control over the police, since control of police is an instrument of civil governance, not something beyond its authority.
6) The proposed public safety commissions should have more effective control over the police. Their role should not be just to recommend action, but should be to effect change—that is, it should be mandatory for higher authorities to take action on the commission’s recommendation. The Nazim should be made the cosigner of the annual confidential report of the district police officers, as this would enhance the elected officials’ control over the police.
7) The provincial police need to be administratively under the provincial chief minister, as she or he is the head of the provincial government, and law and order is a provincial subject. The Executive of the province cannot be truly effective without the police under its control.
8) With regard to the use of torture during investigations, it is recommended that the interrogation rooms in the police precincts be equipped with cameras, so that the interrogatory process is taped. This would go a long way toward controlling torture as an instrument of interrogation. In addition, as in the case of Britain, this would also be good for the police, as a confession made in front of the camera would be difficult to retract.
9) Police in the West rarely wear uniforms unless on duty, and detectives also do not wear uniforms. Given that the police uniform instills fear in the Pakistan citizenry, the police should be made to wear plainclothes when not on the beat. The police should also have a code, as in the English legal system, which defines the procedure to be followed by an officer while performing various duties such as arrest, detention, and interrogation. Any violation of such a code should result in an automatic initiation of disciplinary action against the infringer. The Nazim and the concerned Public Safety Commission should be kept informed of any such proceedings.
10) In cases where torture is proved, action should not only be taken against the perpetrators, but also against the officers in charge of that precinct for criminal negligence. In addition, there is a need to establish as many forensic laboratories as possible in the country, so that the latest scientific tools are available for investigation of crimes. Regarding the general perception that the police protect their fellow officers, in cases of failure of the police to take action against an officer for misuse of power, the matter should automatically be referred to an outside administrative authority. In addition, some inquiries against police officers should be given to non-police personnel. In this regard, the district coordination officer, the head of the district bureaucracy, or the provincial government should be able to nominate a member to the inquiry committee.
ii) Police and violence
Police prominence in Pakistan
Police structure in Pakistan traces its origin into Mughal and British era. Several reforms took places during these hundreds of years. The state of Pakistan was conceived in 1947 and inherited administrative system used by the British. The policing system in Pakistan had colonial foundations and mindset, it flourished in the independent Pakistan as the elites became “neo-colonial-masters” and police failed to become an institution with an aim to serve people. Till date, police has always continued to serve those who have been in power and probably these are the people that try to give legitimacy to violent actions of police force by motivating them into such activities for personal or political gains.
Police violence may be divided into two groups according to the intensity of ferocity:
A. Most Violent form of Police Violence
1. Encounters
2. Extrajudicial killings
3. Torture
4. Illegal detentions
5. Crossfire injuries
B. Soft form of Police Violence
1. Unnecessary Stops on roads in lieu of Security Checks
2. Verbal Abuse
3. Misuse of the ‘Police’ label
A. Most Violent form of Police Violence
1. Encounters
A total of 167 encounters were recorded throughout the year, with the Punjab Police engaging in 78 firefights. Sindh followed with 85, KP with 48 and the Islamabad Capital Territory with 22 cases.
In a first, Punjab constituted less than half the total number of encounters that occurred in 2021, while Sindh also contributed to over one-third of such instances. A total of 165 instances were recorded for this year.
2. Extrajudicial killings
This category included all deaths of alleged suspects during or as a result of encounters, and in custody. Passers-by who was also killed in the crossfire during encounters have also been added to this tally.
Punjab contributed to over half the casualties recorded in 2021, with 80 different instances of which just one was a bystander. Sindh followed with 55 instances, of which five were innocents killed during the crossfire – the highest number of innocent deaths among the provinces.
Khyber Pakhtunkhwa recorded 19 extrajudicial killings, in which one was a bystander, while six including one bystander were killed in Islamabad.
A total of 217 people, eight of whom were collateral, were recorded in 2021.
3. Torture
This category, as explained earlier, refers to acts of physical violence against civilians and suspects by law enforcement personnel.
Voicepk.net collected 56 articles regarding police torture, with Punjab contributing 37, followed by Khyber Pakhtunkhwa with 11, Sindh with 6, and Islamabad and Azad Jammu and Kashmir reporting one incident each.
Eight such incidents were reported in December, the highest that year, with May and August close seconds with seven reports each. June followed with six incidents, followed by five each in April and November, four in July and September, three in February, and two each in January, March and October.
4. Illegal detentions
26 articles on alleged illegal detainments were tabulated, half of which were reported from Punjab. Sindh and Khyber Pakhtunkhwa recorded five incidents each while three articles on illegal detentions were reported from the Federal Territory.
The highest number of incidents were recorded in January, with seven articles. Four incidents each were recorded in April and May, while three were reported in October. January, February, July, September and December reported two incidents of illegal detentions each, with only one reported in November.
5. Crossfire injuries
A total of nine incidents were reported in 2021, with Punjab recording six incidents, Sindh two and Islamabad one. A total of 14 innocents were injured during exchange of fire between police and hostile suspects, six in Sindh and one in Islamabad, amounting to a total of 21 wounded civilians.
Three such incidents were reported in September in which five people were injured. On the other hand, March recorded the second highest number of incidents at just two, with six passersby injured. In October, only one incident was reported in which three civilians suffered injuries. One incident involving one injured innocent were recorded in April, July, August and December.
Soft Form of Violence
1. Unnecessary Stops on roads in lieu of Security Checks
Security situation in Pakistan has been a question mark since the war of terrorism; some more sorts of street crimes have been associated with degrading economic conditions. Such scenarios require on street surveillance which is a good way to counter minute crimes. But as per data collected, these security stops and check posts have become a source discomfort to general public and have been labeled as a form of violence where people are unnecessarily stopped in the name of security and are usually allowed to leave after having bribes and if someone does not stop, he or she is likely to be exposed to fire shots.
2. Verbal Abuse
Another form of soft violence that has been practiced frequently by Punjab Police is use of foul language that includes abuses and threats. As per respondents, this is something which can be highly associated with the police forces in Pakistan. Moreover, there are numerous live examples exhibited at each check post or police station on daily basis.
3. Misuse of the ‘Police’ label
Some of the respondents came up with another description of Police Violence, where physical use of force or physical challenge to the other person is not involved. As per an Electronic Media journalist: “Another form of corruption in which I have observed Police officials are involved is the use of terror (of power) to the poor salesmen and snatching of their products… Fruit and Vegetable stalls in markets are the main victims of such aggressions.” According to the respondents, other small scale demonstrations of use of the Police Label is observed when for instance queues are violated at any place, rash driving on roads without emergency (which at times results in vehicles to vehicle hit and run) and bad gestures and again abusive language when the Police is escorting any VIP.
Recommendations for controlling Violence
As things can never be left out alone similarly this vicious department of the society cannot be left out to erode on its own. Frequently, police are part of the problem, as opposed to be its solution. Similarly, in most cases the police officers turn out to be way too corrupt defying and disregarding all sorts of requirements of justice.
In other circumstances the nation does not trust the constabularies; but every problem has a solution. There exist some opportunities through which things or moreover department can be revamped. Following are some recommendations through which police department can be set on the road to progress.
1) FIRSTLY, the government should restrict the powers of police by enforcing the already present Article 14 of constitution which decrees that "no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law" and that no person "shall be deprived of life or liberty save in accordance with law" (GOP, 1973).
Through administering this provision police department will be considered under law and not above the eyes of law. “Criminal Procedure Code (1898), the Maintenance of Public Order Ordinance (1960), and the recently enacted Protection of Pakistan Act (2014), all contribute to a legal framework that protects the police from accountability” moreover, QUALIFIED IMMUNITY, which gives them an escape goat to misuse designated powers and no one will be questioning them. In my opinion this should be eliminated from the system as it makes the police different from all of us and it must be made sure that any person who does badly should reap the fruit of his doings.
2) SECONDLY, the police department here in Pakistan should be demilitarized. By demilitarize it means that the department must be restricted, and it should be made sure that none of the officials are using federal funds to buy equipment that are out of the scope for the department. For instance, police raid houses with heavily equipped guns, they should be restricted to baton; charge and pistols not more than that. Also, enough instruction should be given to them so that they know when and how to use such things.
3) THIRDLY, any police officer who comes across such heinous crime of brutally killing and torturing a criminal or as stated in the above examples these police officers must be prosecuted, dragged in the court of law, charge them as hard as the prosecutor can and then finally should be given punishment in accordance to what the penal code says regarding the murder/torture to death. Unless and until such actions are taken in the past cases, no police officer shall abide by misusing the powers. It’s now in the hands of the criminal justice system either it decides to feed the officials or serve the nation without any discrimination.
4) FOURTHLY, although the following recommendation should be employed on all departments but particularly in the police division. This sector should be made free from the political influence and interference. For so long politicians have started to fuel and bribe police officials and have for so long kept them as their pets. Such misdealing inhibits the common man to completely trust the police and acquire any sort of help.
5) FIFTHLY, the criminal justice system should be revamped at priority basis and should be made more responsive to the victims. In order to revamp this system a quantitative approach of statistical analysis should be adopted which will, through surveys, allow the judiciary to investigate the reasons behind the violence and the trend. Moreover, the justice system should be strong enough to held accountable officials and must not fear someone because of the position the hold in the society. If a case of brutality comes forward the justice department should compel the police authorities to provide data of the official attempting such brutality and then the trial should be carried out. If in case the justice system fails to do so a condition should be levied that the justice department shall not be receiving any sort of federal funding to run the department.
iii) Police and fundamental rights
According to John Locke,
“The state of ‘absolute freedom’ is fraught with disadvantages, inconvenience and dangers. The enjoyment of natural rights would be uncertain and constantly exposed to the invasions of others. In punishing infractions of the law each man would be a judge of his own cause and would be liable to exceed the rule of reason in avenging transgression.”
This means that in democratic societies, certain rights may have limitations placed upon them in order to uphold the constitutional themes of democracy, equality, freedom, tolerance, and social, economic and political justice.
Every human being is entitled to enjoy his or her human rights without distinction of race, colour, sex, language, religion, political or other opinion, social origin, property, birth or other status. The following are the most important characteristics of human rights:
Respect for the dignity and worth of each other;
Universality – they are equally applicable to all without discrimination;
Inalienability – no one can restrict, deny or take away the human rights of a person
(other than in specific situations permitted under the law);
Indivisibility (the fact that something is not able to be separated from something else or into different parts), interrelatedness and interdependence.
States are obliged to protect, promote and ensure the enjoyment of human rights. Most human rights are owed by states to “all people” within their territory, while certain human rights are owed by states to “particular groups of people”. The main difference between human rights and fundamental rights is territorial. Human rights are ‘universal’ and without any limitation. In contrast, fundamental rights exist within a specific legal system whereby a right is an interest recognized and protected by law.
When a right is safeguarded by a Constitutional guarantee, it is known as a ‘fundamental right’ which gets placed beyond the power of any organ of the state and neither the executive nor the legislature shall act in violation of it. Such a right cannot be taken away, suspended or restricted, unless expressly provided for in the Constitution. It has been held in the case PLD 1969 S.C. 387 that an ‘ordinary right’ on the other hand can be enlarged, abridged or destroyed by an ordinary enactment.
In Pakistan, fundamental rights have been enshrined in Chapter II and Articles 8-28 of the Constitution of Pakistan, 1973. Articles 15-20, 23 and 25 address the fundamental rights of citizens of Pakistan, while Articles 9-14, 21, 22 and 24 address the rights of a person in general.
Fundamental rights are the crown jewels of democracy, however, they may have limitations placed upon them as well.
Fundamental Rights (with Limitations) Guaranteed Under Articles 9-28 of the Constitution of Pakistan, 1973
Article 9: Security of Person
No person shall be deprived of ‘life’ or ‘liberty’.
The word deprivation means total loss, not restricted to the freedom of movement [AIR 1951 Bom. 30].
The right to life and liberty includes the right to a clean environment, rule of law and incorruptible administration of government (Commentary on the Constitution of Pakistan 1973 by M. Mahmood).
Exceptions: Save in accordance with law.
Article 10: Safeguard as to Arrest and Detention
A person must be informed of the grounds of his or her arrest and must have the right to consult and be defended by a lawyer of his or her choice.
Detained/arrested persons are to be brought before a magistrate within 24 hours and not to be detained in custody beyond the said period (except with the authority of the magistrate).
Exceptions: In case of preventive detention, a 3-month detention can be increased by another 3 months, as per the circumstances, particularly applicable in cases where a person has been acting in a manner prejudicial to the integrity of Pakistan, security of Pakistan, defense of Pakistan, or public order of Pakistan, or any part thereof.
Article 10-A: Right to Fair Trial and Due Process
For any civil or criminal charge.
Article 11: Prohibition of Slavery and Forced Labour
Slavery (forbidden).
Forced labour (prohibited).
Human trafficking (prohibited).
Child labour (prohibited under the age of 14 years and for hazardous employment).
Exception: Compulsory service for the punishment of an offence, but which shall still not be of a ‘cruel nature’ or incompatible with ‘human dignity’.
Article 12: Protection against Retrospective Punishment
Not to punish what was not punishable at the time of the act or omission.
1. No law shall authorize the punishment of a person-
a. for an act or omission that was not punishable by law at the time of the act or omission; or
b. for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
Article 13: Prohibition as to Double Jeopardy (being prosecuted twice for substantially the same crime) and Self-Incrimination (saying or doing something that shows that you are guilty of a crime)
No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he has been acquitted, nor shall he be placed in double jeopardy.
Article 14: Inviolable Right to Dignity and Privacy
[t]he dignity of man and, subject to law, the privacy of home, shall be inviolable." As a fundamental constitutional right, the right to privacy is meant to take precedence over any other inconsistent provisions of domestic law.
Article 15: Freedom of Movement
Includes the right to enter, move, reside and settle in any part of Pakistan. Exception: Subject to reasonable restrictions imposed in public interest.
Article 16: Freedom of Assembly
Includes the right to peaceful assembly without arms.
Exception: Subject to reasonable restrictions imposed by law in public interest.
Article 17: Freedom of Association
Freedom to form, join, or become a member of any association, union, or political party (whereby political parties must account for the source of their funds).
Exception: Subject to reasonable restrictions imposed in interests of the sovereignty of Pakistan, integrity of Pakistan, or public order and morality.
Article 18: Freedom of Lawful Occupation/Trade/Business/Profession
Freedom of trade, business or profession. (c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.
Exception: Subject to qualifications prescribed by law for any trade or business.
Article 19: Freedom of Speech, Expression and Press
The right to speak, to be heard, and to participate in political, artistic, and social life. It also includes the 'right to know': the right to seek, receive, and share information through any media.
Exceptions: Subject to restrictions imposed with regard to the glory of Islam, integrity of Pakistan, security of Pakistan, defence of Pakistan, friendly relations with foreign states, public order, decency, morality, contempt of court, incitement of an offence, etc.
Article 19-A: Right to Information
RTI (Right to information) is a fundamental right of every citizen of Pakistan to have the right to have access to information in all matters of public importance subject to regulation and reasonable restriction imposed by law.
Relates to public authorities and matters of public importance. Exception: Subject to reasonable restrictions imposed by law.
Article 20: Right to Practice, Profess and Propagate any Religion
Freedom to profess religion and to manage religious institutions. b. every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
Includes the right to manage, establish and maintain religious institutions, religious taxation and religious education.
Exception: Subject to restrictions as per law, public order and morality.
Article 21: Protection from Religious Taxation
No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own
Article 22: Safeguard of Religious Educational Institutions
It shall be the duty of the state to advance citizens educationally and socially.
No one shall be compelled to take part in or attend religious worship other than one’s own.
There shall be no discrimination against any community in the granting of exceptions or concessions with regard to religious institutions.
No pupil shall be refrained from getting religious education of his or her choosing.
There shall be no discrimination with regard to admission into any educational institute.
Article 23: Right to Acquire, Hold and Dispose of Property in Any Part of Pakistan
Provision as to property. Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest.
Exception: Subject to restrictions in accordance with the law and public interest.
Article 24: Protection of Property Rights
Includes protection of property rights of owners and no deprivation of property for public purposes.
Article 25: Equality of Citizens
No discrimination on the basis of age, sex, caste, creed, etc.
Exception: Affirmative action shall be allowed to facilitate women, marginalized groups and deprived classes of the society.
Article 25-A: Right to Free and Compulsory Education
The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law
Article 26: Access to Public Places without any Discrimination
There shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth.
Article 27: No Discrimination in Services
In respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth. Except where affirmative action and quotas, etc. are needed.
Article 28: Preservation of Language, Script and Culture
Any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and subject to law, establish institutions for that purpose.
The above mentioned fundamental rights can be broadly classified into civil, political, social, cultural and economic rights. A right is an interest recognized and protected by law. Every citizen of Pakistan can enjoy these rights, subject to certain limitations.
The enforcement of these fundamental rights can be approached through three mechanisms:
1. The holistic approach;
2. The particular approach, for the enforcement of specific fundamental rights; and
3. The international human rights approach, detailing conventional and extraconventional mechanisms.
2 Comments