Monthly Archives: May 2019

Human Rights Series: Right To Settle Anywhere

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Every Pakistani has the right to purchase property in any part of Pakistan. He is allowed travel to any place, and he can choose to settle down in any city of Pakistan. Article 15 of the Constitution of Pakistan, 1973 gives this right to every citizen of Pakistan.

Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

The government can make laws to prohibit or restrict movement in certain places. Similarly, it can make laws to disallow anyone from purchasing property. These restrictions must be reasonable. Reasonable is something which a man of ordinary prudence would find logical and right. For example, you can be restricted from walking into the Army Headquarters, or you can be restricted from going into a park without paying the entry fee. But the government cannot say, for example, that a Punjabi cannot go to Karachi, or that a Baloch cannot buy a property in Punjab; because this is racist and not reasonable at all.

If you find that there is a law, or government action, which violates this fundamental right of yours, you can file a petition in the court to have that law struck out (=cancelled), or to have that action rescinded (=taken back).

Human Rights Series: Torturing For Evidence

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Article 14 of the Constitution of Pakistan, 1973 protects the persons accused of any crime from torture and other inhuman practices. It states that:

No person shall be subjected to torture for the purpose of extracting evidence.

Article 14(2)

The police, rangers, NAB, FIA, and all other organizations are prohibited from beating up any person who may be involved in a crime. If they suspect that a person has committed a crime, they can collect evidence by visiting the place of offence or taking statements of witnesses. They can do every legal thing for investigation but they can not torture the accused.

This is the continuation of the basic human rights to dignity and privacy of home, which are also guaranteed by the same Article 14. More details have been provided in the previous article.

The readers should remember this rule: The police cannot, by law, force you to confess a crime. Even if they do and they make you sign a confession, it has no value in the eye of law. Because a confession can only be made to a judge. If you are tortured and forced to make a confession, you can tell the judge about it and then you will not be punished based on that confession.

Human Rights Series: Privacy Of Home

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Privacy of home is a basic human right. Islam recognizes this right, and so does the law of Pakistan in Article 14 of the Constitution of Pakistan, 1973 which makes privacy of home a fundamental right. It states that:

The dignity of man and, subject to law, the privacy of home, shall be inviolable.

Article 14(1)

Article 14(1) talks about two rights – dignity of man, and privacy of home. Here, protecting dignity of man means that no matter whether it is the goverment, the court, a private organization, or anyone else, no one can strip a man (or woman) of his dignity. These are very powerful words because they make sure that we no longer get ridiculous punishments from courts of law as one could get from a Panchayat (=jirga, illegal court). Any conduct which is unbecoming for a man’s respect is not allowed in Pakistan.

An extension of the right to dignity is privacy of home. What we do behind closed doors is none of the government’s business. Nobody can harass anyone for doing anything within his own house. The words “subject to law” preceding this right are very important. If you are doing something illegal behind closed doors, and the law allows the authorities to arrest you, then you would not have this right to protect you. Some examples of this scenario are drug dealing, domestic abuse, illegal weapons, being an Indian agent, etc. Even in those cases, the police would have to strictly follow the legal procedures e.g. getting a warrant before conducting a raid. The courts have declared time and again that police cannot raid a house if they suspect that immoral activities are being committed there.

Despite this fundamental right being available to all persons in Pakistan, we might see that somewhere someone is violating this right. In such cases, the victim can file a petition in the court for necessary directions in this regard.

Human Rights Series: Child Labor In Pakistan

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Child Labor is common in developing countries like Pakistan, but our law not only discourages it but also makes it illegal. In this regard, Article 11 of the Constitution of Pakistan, 1973 is in force which prohibits slavery, forced labor, and child labor. Here’s the relevant text from the law:

No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.

Article 11(3)

Like most of the basic human rights, this is also applicable to foreign children living in Pakistan, such as Afghan refugees. This law sets a bar of age of 14 years. Any child below this age must not be employed in any factory, mine, or other hazardous employment.

The law recognizes the importance of labor in a developing country like Pakistan. There are many mouths to feed, and refusing employment would result in bad economical situations. This is why the children above 14 years of age are permitted to work in these environments. Moreover, the children below 14 years are allowed to work in non hazardous employments such as offices.

It is, however, unfortunate that we still see children working in hazardous employments. The flaw lies in the implementation of the law which is the duty of the goverment. The High Court can also intervene and make necessary orders to restore this fundamental right of the children, but the primary duty remains with the government.

Human Rights Series: Everybody Deserves A Fair Trial

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Right to a fair trial is one of the oldest human rights in human history. The principles of justice surrounding “fair trial” are applicable worldwide. Even Islam promotes these and requires these principles to be applied whenever someone faces a trial. Article 10-A of the Constitution of Pakistan, 1973 provides this basic right to each and every person in Pakistan facing a court trial.

Roughly speaking, there are two basic principles of natural justice which should be practiced in every case:

  • No man should be a judge in his own cause. This means that the judge should be an unbiased person.
  • No man should be condemned unheard. This means that every person facing a trial should have a right to defend himself either personally or through a lawyer.

Article 10-A ensures that every person, even if he is a foreigner, gets a fair trial. This right also applies to the actions of government servants who have to use their judgement to make a decision. They also need to be ‘fair’ and impartial. Like other fundamental rights, this right cannot be violated at all. If you feel like your right has been violated, you can approach the High Court which will make necessary orders to restore your rights.