Tag Archives: Basic

Human Rights Series: Equality For Women

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Equality of all men and women is the latest hot topic in the modern world – and rightly so! Pakistan acknowledges the fact that women are equal to men and they should not be discriminated on the basis of their gender. Article 25 of the Constitution of Pakistan, 1973 provides for this fundamental right by stating that:

There shall be no discrimination on the basis of sex.

Article 25(2)

This means that in every walk of life, men and women are considered equal. Be it admissions to a University, appointment in a company or government job, entry to a place, or any other thing under the sun, the women in Pakistan have the same legal opportunity as the men in Pakistan. This is not limited to the citizens of Pakistan, but also applies to foreigners visiting this beautiful country.

Article 25 goes one step further by giving additional protection and advantage to the women by providing that:

Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

Article 25(3)

Here, the government can make special laws and rules in favor of women to protect them. Such rules may include special, women-only seats in a bus, specially allocated seats in the Parliament or government jobs, ladies-only parks (although we never see men-only parks. Hear that, feminists!), etc.

This right is absolute and without any exception. No government or other institution is allowed to violate this basic human right. If someone’s right is being violated, she should immediately file a petition in the High Court. If the court believes that the right has been violated, it will issue necessary directions to ensure that the right is fully restored.

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.

Human Rights Series: Rights After Arrest

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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.