Inauguration of conference on "law as an Instrument of social justice"

INAUGURATION OF CONFERENCE ON "LAW AS AN INAUGURATION OF CONFERENCE ON "LAW AS AN INSTRUMENT OF SOCIAL JUSTICE" Address by Mr. Justice Dr. Nasim Hasan Shah, Senior Judge, Supreme Court of Pakistan and Chairman, Saarclaw Pakistan (4th February, 19931 Distinguished Delegates, Mr. Chief Minister, Ladies and Gentlemen‑‑ I feel highly honoured and greatly privileged to welcome all the distinguished delegates who come to participate in this Conference, especially our distinguished delegates from abroad. Their presence in such large numbers is a matter of the greatest statisfaction and a source of great encouragement to us all. On behalf of SAARCLAW PAKISTAN I would like to accord them a very warm welcome to Karachi and wish them "bien venu". The establishment of SAARCLAW in October, 1991, at Colombo was the result of the interest evinced by the legal community of this region in the Objectives of SAARC and of their deep desire to associate themselves in the efforts being made to secure peace, freedom, social justice and economic prosperity to the people of their region. It was also a manifestation. of their conviction that in order to realize the said objective, it was imperative that the Judges, Lawyers, Jurists and Legal Academics of South Asia should get together, join their heads and devise practical schemes for building meaningful cooperation amongst themselves. In furtherance of this object they got together in October, 1991 at Colombo and agreed to establish a body for carrying out these purposes namely, SAARCLAW. To further consolidate their association they decided upon a second get together and for this purpose Karachi was chosen. However, this was not to be, for reasons known to us all. The present Conference, though not a substitute for the said 2nd SAARCLAW Conference, has been convened by SAARCLAW PAKISTAN to provide the legal communities of this region and to their well wishers an opportunity to congregate and get together to interact and deliberate on a wide range of legal issues confronting the peoples of their region. It is only such interaction which can overcome the barriers which separate them and it is through such interaction that bridges can be built to facilitate easier and freer contact amongst them. More than 1/5th of the population of the world lives in our region. A very large majority of them are living in depressed and miserable conditions. In this context, the biggest issue is how to make justice accessible to the people, a great majority of whom are illiterate and hence ignorant about their rights. How could "law" be used as a vehicle for the amelioration of the depressed classes? The changing and ever demanding needs of the society urgently require a new method for the dispensation of justice. This can be possible only if the legal community regards itself as a branch of social service and plays a more meaningful role in alleviating the woes and miseries of their hungry, ignorant and depressed compatriots. Judges, Lawyers, Jurists and Scholars who are associated with the functioning of the legal and judicial system in their respective countries must, therefore, reflect, join their heads together and devise ways and means to ensure that the peoples of their region should, through the instrumentality of the law, get more social justice, more freedom and a more dignified life. I venture to suggest that our collective deliberations and exchange of views during the days ahead should principally be directed towards this end. Indeed this Conference can make a valuable contribution in this connection. Distinguished delegates and friends you are fully aware that law does not remain static. As social norms and values change, laws have to be recast and re‑interpreted. They do not operate in a vacuum. Law is a dynamic instrument fashioned by society for the purpose of achieving harmonious adjustment of human relations by eliminating social tensions and conflicts. If the law fails to respond to the needs of a changing society then either it will stifle the growth of the society and choke its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth. Let me emphasize that if law is to earn the respect of the people and achieve its purpose of correcting injustices and to restore social equilibrium in the society it must accord with the concept of social justice. We must realise that the world is on the ,threshold of a new era of freedom and progress. By freedom I do not mean mere political freedom but freedom from want and dependence, freedom from poverty and destitution, freedom from ignorance and illiteracy so that all the citizens should have equal opportunity for advancement to a better life. Millions of people around the world are yearning for this objective. The law cannot lag behind, it has to strive its utmost to satisfy the urges of these peoples. The need of the day is that law should be utilised in a way so that changes can be brought about in the living conditions of the people and by providing social justice to them. A law no longer focussed on maintenance of peace and order but on providing social and substantive justice. This is the role which law has to play today, the role of amelorating the lot of the deprived and of the under‑privileged. It is to achieve this role for law in our societies that we are gathered here today. During the course of the Conference we will be deliberating on a wide range of legal issues. The important issue of public interest litigation is at the top of our agenda. But several other issues also deserve very serious consideration. Thus the need sorely exists to protect the environment from pollution and degradation and to resultantly prevent the deterioration of the quality of human life. Legislative response for Environment Protection is therefore paramount. This Conference will accordingly be addressing the issues related to Environment Protection in this region. We are all also deeply conscious of the rapid changes in the global economic environment. In each of our countries radical decisions to transform our economics have been recently taken. We have removed the controls which have restricted economic activities. The Conference will deliberate on this new initiative and the encouragement provided to the people of our region to participate in the economic development process. This Conference will also focus on the issue of the protection of fundamental rights of the citizens of this region so that each one of us can fulfil political, economic and cultural aspirations freely and without any restrictions. It is also extremely important to promote legal education and to make it responsive to the needs of our societies. The problem of developing and sustaining a higher level of professional competence is one that has not received much attention. This could perhaps be resolved by programmes of continuing legal education which would help to raise the standard of profession. This Conference will provide the legal academics of our region an opportunity to share with each other their respective experience and to re‑apprise and evaluate their teaching both as to method and content. SAARCLAW Pakistan is indeed fortunate to be afforded the privilege of hosting a Conference that is devoted to the consideration of these vital issues. I trust that the interaction of ideas which will be taking place between the legal luminaries from, Bangladesh, Sri Lanka, Nepal, Australia, U.K., Netherlands and Pakistan will prove of enormous benefit not only to them but also lead to identifying practical suggestions of how law may promote social justice for our less fortunate compatriots. This unique opportunity of sharing our knowledge and experience with each other should, therefore, be directed to addressing the problem of how our laws in their content and their application can assist in minimising the woes of the people and to secure to them a more happy and a more contented life. I pray and hope that the deliberations that we are about to embark from tomorrow will throw up the right answers to the multifarious problems which the people of this region are confronting and that these answers will contribute to their satisfactory and lasting solution. With these words I have great pleasure in inaugurating this Conference on "Law as an instrument of Social Justice:" May God be with you and guide your deliberations and Bless it with success. Thank you!