Human Rights Series: Freedom Of Association

According to Article 17 of the Constitution of Pakistan, every Pakistani has a birthright to make a political party or to join any political party of his choice. Moreover, every citizen of Pakistan can form associations or unions, such as trade union, labor union, etc.

We can see that this freedom is widely exercised by the public in one form or another. For example, many citizens are vocal supporters of their favorite political party. Almost every factory worker is part of a labor union. Almost every businessman is a member of a trade association. Lawyers have their bar associations, too. On top of that, those interested in leading the masses have registered their own political parties.

The government can impose some reasonable restrictions on the exercise of this right, keeping in view the security and well-being of Pakistan and its citizens. E.g. It can ban terrorist organizations, and it can ban rallies if there is threat of lawlessness, etc.

Human Rights Series: Right To Settle Anywhere

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.

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right of yours, you can file a petition in the court to have that law struck out (=cancelled), or to have that action rescinded (=taken back).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

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

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

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

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.

Human Rights Series: Rights After Arrest

Whenever someone is arrested in Pakistan, he has certain rights which must be made available to him. Every person, whether he is a Pakistani or not, has this protection under Article 10 of the Constitution of Pakistan, 1973. Article 10 makes it a duty of the police to do the following acts after arresting someone:

1. Tell the arrested person why he was arrested. The arrested person can demand to see his arrest warrant (if any).
2. Allow the arrested person to call his lawyer.
3. Present the arrested person in front of a Judge within 24 hours. The Judge will either release him or continue his arrest for more days.

It is crucial to know that this 24-hour rule also applies on Eid and public holidays. Police cannot tell you that tomorrow is a holiday so you'll have to stay in lockup for 2 days! There are special duty courts which are open on these holidays, and you can be produced before them. If a court is not open, police should take you to the house of a Judge but never keep you arrested for more than 24 hours.

Like every other law, this law comes with an exception. An arrested person can be denied these rights if he is arrested under a law for "preventive detention". Concisely speaking, these laws are made for arresting terrorists, spies, and other persons working against Pakistan. They can be arrested for 3 months, and after this period, they are presented before some Judges of High Court or Supreme Court (depending on the crime) who can allow extension of 3 more months or release them.

If you are a common man and feel that your fundamental rights have been violated, you can approach the court which, if convinced, will punish the police. These violations can be a big factor in a case against you, and in some instances you can be acquitted (بری ہونا) on this ground. If someone has been arrested for more than 24 hours, immediately call your lawyer. The lawyer will file an application in the court, and the court will either order the police to bring that arrested person or it will conduct a raid in the police station.

Tenancy Series: When The Tenant Annoys Neighbors

As discussed in the earlier post touching the topic of eviction, a tenant can be kicked out of the house on certain grounds. One of such grounds is causing trouble with the neighbors. Section 15(2)(v) of the Sindh Rented Premises Ordinance 1979 empowers the court to evict a tenant if he is causing nuisance. Here is the relevant extract:

The landlord can avail this section by filing an application for ejectment under Section 15 before the Rent Controller (= court). In this section, the words "such activities" include each and every activity which is causing nuisance in the neighborhood. Nuisance is an unreasonable interference with another’s use or enjoyment of land. The landlord needs to prove these three things in order to obtain an eviction order against his tenant:

• That the tenant caused an indirect interference with the enjoyment of the land of neighbors;
• That the interference was unreasonable; and
• That this interference caused damage to the neighbors.

If the court is satisfied that the tenant has indeed annoyed his neighbors and has caused them inconvenience, it will order him to vacate the premises within a specified period.

If you require our assistance in any legal matter, please call or email us at the contact link given below to discuss your issue.

Tenancy Series: Eviction of tenant

Note: The law discussed here applies to urban areas of Sindh, but other areas of Pakistan have generally similar rules.

Section 13 of the Sindh Rented Premises Ordinance 1979 (SRPO) gives immense protection to a tenant by stating that "No tenant shall be evicted from the premises in his possession except in accordance with the provisions of this Ordinance."

This means that the landlord can use only this Ordinance (law) to eject a tenant from his house/ flat. This also means that the tenant can sign any agreement with the landlord, but if the agreement provides for his ejectment using a method which is not provided in the SRPO, that agreement (to the extent of eviction) has no legal value at all!

It is a common practice in Karachi that our rent agreements say that the landlord can give one-month notice to his tenant and after that he will have to vacate the house otherwise police will take action. This is completely untrue and based on utter misinformation. The police does not take action on these illegal agreements. The police does, however, take action when a court orders a tenant to empty the house, because the court only makes such order which is in accordance with SRPO.

So how do I get rid of my tenant?
The SRPO provides many grounds (=reasons) on which you can go to the court for evicting your tenant. Following reasons are valid:

• You may show the court that you need it for your personal use or for your family.
• Or you may show that the tenant is damaging your property, or
• Causing nuisance for the neighbours, or
• He has rented out this property to someone else, or
• Breached the conditions of his agreement, or
• You want to do construction on the land.

What if I am getting better offers of rent?
This is not a valid ground for eviction. But if you think that you are not receiving rent as per the market value, you can go to the Court which will fix a "Fair Rent" as per market value. This fair rent may be more or fewer than the current rent.

We hope that this article clears up your concepts and helps you make informed decisions. So if you are having any trouble with your landlord or your tenant, or if you want to prevent any future trouble by drafting a thorough and strong rent agreement, you can contact us on the link mentioned below for discussion.

Tenancy Series: Whitewashing and necessary repairs

A tenant in an urban area of Sindh has an array of protective laws ensuring that no injustice or inconvenience is caused to him - and to the landlord. One of such laws is the Section 12 of Sindh Rented Premises Ordinance, 1979 which casts a duty upon the landlord to maintain the premises by making such repairs or white-washing as may be necessary to keep the premises in proper shape. Here is the relevant extract of the section:

Subject to the agreement, if the landlord fails to make such repairs or white-washing as may be necessary to keep the premises in proper shape, the Controller may, on application made to him by the tenant and after such inquiry as the Controller deems fit to make, direct that such repairs or whitewashing may be made by the tenant and the cost thereof may be deducted from the rent payable to the landlord.

Section 12(1), SRPO

The landlord can, however, escape this liability by writing a clause in his agreement that the repairs/ paint would be done by the tenant at his costs. But in the absence of such agreement, the landlord has to pay the money. Similarly, if the government requires the landlord to make a necessary repair but he refuses to do it, the government can directly ask the tenant to do it. The tenant will then comply and deduct its costs from the rent.

So if you want to draft a strong rent agreement, do not hesitate to contact us. Or, if you are having problems with your landlord or your tenant, call/ email us and we will work towards a remedy.