In addition, the concept of due process coupled with the powerful instrument of judicial review by the superior courts is a part of the basic structure of Pakistan’s constitution. Brief reference to this provision may be appropriate. Article 4 declares that to enjoy the protection of law is the inalienable right of every citizen and of every other person for the time being within Pakistan and Article 199 of the constitution grants to the high courts jurisdiction to correct injustices and is expressed in Language that enlarges the jurisdiction of the court: thus opening venue for public spirited litigation, supreme court is given special jurisdiction to directly entertain petitions for the enforcement of fundamental rights if they also involve of public importance.
Pakistan is signatory to number of conventions on human rights and political rights. It has also ratified the universal declaration of human rights. Only in March 1996 it appended its signature to be united national convention on the elimination of all forms of discrimination against women. Pakistan is thus committed to honour and enforce the human rights contained in those declaration and charters.
There are also a few non-government organizations fairly active in the human rights field in Pakistan. Even the government of Pakistan has allocated a portfolio on human rights and added a ministry for it. Superior courts of Pakistan have also devised ways and means of taking up the human rights cases on priority basis.
In professing commitment to human rights Pakistan is second to none. Yet the human rights environment in Pakistan is far from being satisfactory. As a matter of fact the situation has progressively deteriorated over the years. One of the major human rights violations includes extra judicial killing, torture or coercion by the state functionaries particularly in police custody resulting in mysterious deaths.
Bonded labour and child abuse do invite occasional criticism and we read an odd statement once a while on these issues. But the practice has continued unabated and with impunity. Child employment is now accepted a norm even amongst domestic servants. The plea is that these children are lucky that they are at least fed and paid.
Child beggars are paraded at the busy crossings on the streets in most of the towns and the money they earn becomes part of the mafia’s booty which mafia takes hold of these children at the late hours of night and into the darkeners of their secret hide-outs. No one seems to be really concerned about his or her future. Children who should be active and full of hope are used, abused, and abandoned to despondency. To abuse a child is to abuse our own future right of child is the most neglected right in Pakistan. Women at least can speak and fight for their rights but these abused and discounted children have no spokes man.
Political parties of Pakistan who do acclaims their commitment to human rights and when in opposition take cover behind such rights, in reality lack conviction and suffer from double standards. Within her won ranks a worker is denied his political right and constitutional amendment No. XIV has put a constitutional seal.
Now even the public representatives cannot openly differ on vital national issues from the party line or worse from the party boss. Whenever, in power the political parties start to systematically demolish institutions that could advance or protect fundamental rights.
The all pervasive corruption of the police, which is the main instrument for enforcement of law and order, have added to the complexity an polluted the human rights environment corruption in bureaucracy, is denying the possibility of equal treatment under the law to the poor who cannot pay for his adversary.
The devil of corruption blocks the entry to administrative and social justice. The same applies to a part of judiciary. It has added inauspicious and ominous colors.
Women rights, which were acclaimed in the women’s conference by Hillary Clinton as human rights, have remained a letter in Pakistan. There has been no progress worth mentioning on women rights. In the male chauvinistic society of Pakistan very little effort has been undertaken or if any attempt has been made to remedy the wrong, it has not been able to and discrimination against women or to safeguard and protect their rights.
I am troubled at the rising incidences of rape in police custody and of gang rapes by influential sector of society. There are still cases of the killing of women on the mere allegation of harming the family or clan’s honour. I understand that the government of Pakistan is in a quandary how to fulfill the obligations under article 18 of the united nations women convention which requires the party state to submit within a year of ratification and there at least every four years, reports on the legislative, judicial administrative or other measures which they have adopted to give effect to the provisions of the said convention. A report which was due on April 11, 1977, had not been submitted till October 1998, and may well have not been submitted till to day. The only worth mentioning event in this field is the report of the commission of enquiry for women which was set up by the government in the year 1994. The report has brought into focus the areas of the deprivation of rights suffered by women. The anguish of the commission is expressed in their conclusion where the commission has urged the decision makers to give the issue of women rights the critical importance it deserves.
The attitude of our religious leaders and groups is a great hindrance in the political participation of women in Pakistan.
It is a dismal picture that out of 207 members in the national assembly there are only five women legislators, two senators out of 83 and only one out of 483 male provincial legislators. Those who demand the political rights for women are criticized as magribzada (Westernized). Thus making a fruitful dialogue on the issue is almost impossible. The rigid interpretation of Sharia has infringed on the right of an adult female to seek her partner of life by her own freewill. As Social Worker and Human Rights Activist I am entitled to say that I notice judicial indifference towards the women’s rights and to general issue concerning women. It is easy for the family members to convince a judge against a female litigation for her right by accusing her of average (Lewdness).
Religious intolerance is increasing and as a result of preaching violence by the sectarian leaders, the violence has taken the shape of terrorism resulting in the death of many innocent people. This area is becoming extremely dangerous and likely to gain uncontrolled proportion if not attended to in god time.
I can understand that the impact of my statement on some of the viewers/listeners could be that despondency band disappointment. But I believe it is also a fundamental right of every citizen to know the truth. In speaking the truth, I am fulfilling a national obligation towards the improvement environment of human rights in Pakistan.
We shall have to bridge between our profession and our deeds. There is luckily a free operating in Pakistan and the Pakistan culture is pluralist in its tone and tenor. The recent human rights development report of 1998 has brought out the discrimination that exists in the human poverty index between the industrial countries and the poor countries and has raised the issue that the developed countries must recognize that human progress can only be achieved if the countries lagging in human development are helped and cautiously supported to achieve an appropriate level of human development. These global tends should help the society of Pakistan to become aware of the need for human rights also.
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