human right

Introduction to Human Rights in Pakistan   In Pakistan, the concept of human rights is deeply intertwined with both the nation’s constitutional framework and its Islamic heritage. As a country with a rich cultural and religious diversity, Pakistan’s approach to human rights is informed by a blend of constitutional mandates, Islamic principles, and international human rights commitments. This complex tapestry shapes the legal and social landscape of human rights within the country, offering a unique perspective on their protection and promotion. Human rights in Pakistan are not just legal mandates but also integral aspects of the social fabric. The Constitution of Pakistan, alongside Islamic teachings (i.e. Muhammadan Law), provides a foundational basis for these rights, underscoring their importance in every sphere of life. The country’s commitment to international human rights norms, as evidenced by its ratification of various international treaties, further reinforces the legal and moral obligations to uphold these fundamental rights. Constitutional Provisions and Human Rights   The Constitution of Pakistan serves as the cornerstone for the protection and enforcement of human rights. It enshrines a range of fundamental rights that lay the groundwork for a just and equitable society.   Article 9 (Security of Person): Guarantees individual security, protecting against arbitrary arrest and detention. Article 10 (Safeguards as to Arrest and Detention): Ensures due process and legal safeguards in case of arrest and detention. Article 10A (Right to Fair Trial): Affirms the right to a fair trial and due process for every citizen. Article 11 (Slavery, Forced Labor, and Child Labor): Prohibits slavery, forced labor, and child labor, ensuring personal freedom and dignity. Article 12 (Protection against Retrospective Punishment): Protects against punishment under retrospective laws or actions. Article 14 (Inviolability of Dignity of Man): Upholds the dignity of every individual, prohibiting torture and inhumane treatment. Article 15 (Freedom of Movement): Ensures freedom of movement within the country for all citizens. Article 16 (Freedom of Assembly): Guarantees the right to protest and assemble peacefully without arms. Article 17 (Freedom of Association): Protects the right to form associations and unions. Article 18 (Freedom of Trade, Business, and Profession): Allows citizens to engage in any lawful trade, business, or profession. Article 19 (Freedom of Speech): Secures freedom of speech and expression, subject to reasonable restrictions for specific reasons. Article 19A (Right to Information): Grants the right to access information in matters of public importance. Article 20 (Freedom to Profess Religion and to Manage Religious Institutions): Ensures freedom to profess religion and manage religious institutions. Article 21 (Safeguard against Taxation for Purposes of any Particular Religion): Protects against taxation for supporting any particular religion. Article 22 (Safeguards as to Educational Institutions in Respect of Religion, etc.): Protects against discrimination in educational institutions on religious grounds. Article 23 (Provision as to Property): Confers the right to acquire, hold and dispose of property in any part of Pakistan. Article 24 (Protection of Property Rights): Safeguards property rights and prohibits arbitrary deprivation of property. Article 25 (Equality of Citizens): Ensures equality before the law and prohibits discrimination on grounds of sex. Article 25A (Right to Education): Mandates the state to provide free and compulsory education to children aged five to sixteen years. Article 26 (Non-discrimination in Respect of Access to Public Places): Prohibits discrimination in access to public places on various grounds. Article 27 (Safeguard against Discrimination in Services): Protects against discrimination in services and employment on the basis of race, religion, caste, sex, or place of birth. Article 28 (Preservation of Language, Script, and Culture): Allows any section of citizens with a distinct language, script, or culture to preserve and promote it.   These articles collectively form the backbone of human rights in the Constitution of Pakistan, covering a broad spectrum of civil, political, economic, and cultural rights. The Constitution not only enumerates these rights but also provides mechanisms for their enforcement, such as the High Courts’ power to enforce fundamental rights through writs. It acts as a legal framework within which all other laws and policies are formulated and interpreted, ensuring that they align with the fundamental principles of human rights.   Islamic Perspective on Human Rights   In Pakistan, where Islam is the state religion, the principles of human rights are deeply rooted in Islamic teachings and jurisprudence. This perspective is integral to understanding the country’s approach to human rights.   The Quran, Islam’s holy book, emphasizes the inherent dignity and equality of all individuals. It underscores principles such as justice (‘Adl), benevolence (Ihsan), and compassion (Rahma), which are foundational to human rights. “O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted.”(Surah Al-Hujurat, 49:13)   Integration of Islamic Teachings in Legal Framework   Islamic teachings have been integrated into Pakistan’s legal system, influencing laws and practices, especially in personal and family matters. The Muslim Family Laws Ordinance (1961) is an example, reflecting Islamic principles in the context of family law. The establishment of the Federal Shariat Court, which reviews laws to ensure they conform with Islamic injunctions, further exemplifies the integration of Islamic principles in legal processes.   Upholding Civil Rights in Pakistan   Pakistan’s legal framework, deeply rooted in both constitutional and Islamic principles, seeks to uphold various civil liberties and fundamental freedoms, though challenges in enforcement and practice persist. Freedom of Speech and Expression Article 19 of the Constitution guarantees freedom of speech and expression, but it is subject to several restrictions, including those pertaining to the glory of Islam, the integrity, security, or defense of Pakistan, or public order and morality. The digital realm, particularly social media, has become a contemporary battleground for this freedom, with laws like the Prevention of Electronic Crimes Act (2016) impacting online expression and defining some as Cybercrimes in Pakistan. Freedom of Religion and Belief Article 20 provides for freedom to profess religion and to manage