HUMAN RIGHTS IN PAKISTAN

HUMAN RIGHTS IN PAKISTAN <!--[if gte mso 10]> HUMAN RIGHTS IN PAKISTAN [Concepts and History of Human Rights] By Justice Muhammad Nawaz Abbasi, Judge, Supreme Court of Pakistan IMPORTANCE OF HUMAN RIGHTS CONCEPTS Concepts in Human Rights The world has no future unless the recognition of Human Rights is guaranteed at national, regional and international levels. Human Rights are concerned with the protection and promotion of the well‑being of individuals by ensuring respect for the rights and dignity. These Human Rights have same basic features: Salient Features of Human Rights The salient features of Human Rights are: -- People inherit these rights simply because they are human and as such they are entitled to enjoy a humane and dignified life. Human Rights seek to ensure the conditions that make the life humane and enable people to live together in harmony and in mutual respect. -- Human Rights are universal, applying equally to the people all over the world. States are expected to extend equal human Rights protection to all, regardless of difference in race, colour, language, sex, nationality, social origin or even in religion. -- Additional protection may be accorded to meet the specific needs of individuals who are in a disadvantaged or vulnerable position, for instance, people of backward areas, poor communities, women, children, disabled persons, prisoners etc. -- Human Rights are broadly based upon the fundamental principles of humanity. Some rights, such as right to life, dignity of a plan, freedom from torture are absolute, meaning thereby they cannot be interfered with under any circumstances. However, for the other human rights, under exceptional circumstances, interference with their exercise may be possible in the greater interest of the Society. -- Human Rights are primarily the rights of individuals and. address directly the relationship between State and individuals. Every human being has a claim upon his State, arising as a matter of right and not as special favour or privilege. State is obligated to the greatest extent possible to satisfy the claims resulting from these rights; and ‑‑ The promotion and protection of human rights is not confined to the boundaries of States. Human rights hold every State responsible for respecting and protecting these rights. State as well as the international community have a responsibility to hold and have serious concern about the human rights across the geo political frontiers in all places and at all times. Meaning of Human Rights Human Right is an entitlement or legal claim which one has by virtue of being human. Human Rights are universal, meaning thereby that everyone is entitled to have these rights which belong to every human being. These rights are inalienable and held equally by all. The basic human rights are more important and the right to life is the most important of all the rights. The right of freedom and speech, the right to rest and leisure are of no significance if the right to life is not guaranteed. Basic human rights provide the foundation upon which the enjoyment of other human rights depend, hence, the rights which cannot be taken away or restricted, must be protected by the State at all costs. Sources of Human Rights Mainly the Human Rights emerge from three main sources: -- Religion, -- Philosophy and -- Law All the major religions have a humanist perspective which supports human rights and particularly Islam professes the concept of human rights being canvassed in the world. The concept of human rights in Islam was also recognized by the world. Plato advocates a universal standard of ethical conduct and proposed the idea of universal truths and suggested people to work for the common good. Aristotle believed that States and laws should be based on universal human rights and an individual should be a citizen of the whole universe as if it were a .single city. Aquinas further advanced the concept of human rights when he took the position that the individual alone has ultimate value. Hobbes holds that the State as an entity is designed to protect individuals and defend their natural rights to life and security. Locke and Rousseau argued that the role of the State is to secure the individual's right to property, political representation and equality before the law. Grotius was the first to conceive of international law and could offer greater protection to the citizens of the world. The first and the most 'important legal document 'on Human Rights is the Khutba Hajjatulwida, the Last Sermon of the Last Holy Prophet, Muhammad, (Peace be upon him). At International level, human rights have evolved from several sources including the efforts of three organizations that worked for the protection and promotion of human rights. These are the Red Cross, International Labour Organization and the United Nations. The human rights are based on the natural legal rights of a; person in the Society and notwithstanding the different theories, there must be a legal right of a person and such right is essentially recognized in law. Classification of Human Rights Human Rights are classified into three generations of rights. The cold war polarized the world with Western Block prioritizing which are called, "first generation" rights‑‑‑these include civil and political rights i.e., the right to life, liberty, security of person, protection against torture, right of fair trial, right of assembly and association, right of speech and movement etc. While the Socialist Block stressed the importance of "second generation" rights which includes the economic, social and cultural rights such as the right to health care, education, food, work, shelter and social security etc. The new class of human rights called "third generation" rights has emerged recently, these are collective or group rights which include the right to development, right to a healthy environment, right to peace, right to self‑determination, right to disaster relief and rights of indigenous people. History of Human Rights The concept of 'human rights' is as old as creation of mankind and this concept is rooted in protection of right of freedom of thought for which Socrates and his genius disciple Plato, struggled. Aristotle developed a new line of thinking. The great saint Buddha introduced the theory of right of self‑determination. Holy Christ fought for defending the right to think and speak freely which is the basis of human rights. The Lash Holy Prophet Muhammad (peace be upon him) profoundly professed in human values and strongly struggled for the cause of human welfare. In the modern era of human rights movements, Magna Carta (1215), Bill of Rights (1669), Habeas Corpus (1670) and Hague Convention (1899) are land marks. The struggle in human rights led to the establishment of League of Nations and after Second World War, United Nations was founded in 1945. The Universal Declaration of Human Rights 1948 was the first step towards the movement for achievement of human rights at global level followed by many other Conventions and specifically by Convention on Rights of Child proclaimed in 1990 which recognized the child rights of education, health, protection, good living, entertainment and development. The main purpose of human rights was defined therein in the following manner: 'Every individual has the right to use his intellect, skill and inspiration in order to fulfil his physical, mental, social, economic and spiritual needs to enable himself to lead a life of honour and dignity Unfortunately, the aim to lead a life with honour and dignity has not been fully achieved despite lapse of more than fifty years since the proclamation of Universal Declaration of Human Rights. Human rights violations continued at national and international level in the form of differences and bloodshed in the name of religion, caste, region, language and exploitation of poor by the rich and elites and of the poor nation by the rich and strong nations. We daily notice the cases of murder, rape, child labour, bonded labour and police atrocities. The Vienna Declaration on Human Rights 1993 upheld the universality of political, cultural, social and economic rights and emphasized the need to stop exploitation of the poor, women and children. It is pertinent, to note that the rights are always linked with duties and whenever this link breaks, the rights, disappear. The right to happiness is natural and without happiness life becomes miserable and right to equality is an important right without which happiness is not achievable. Discrimination is a source of inequality and the right of equality .demands that all human beings are born free, are equal in dignity and rights and that all are entitled to equal protection of law without any discrimination. The right to education, right to religion, right to protection and social security are the pivotal rights and it is the basic responsibility of the State to provide education to its citizens and ensure their protection from religious or social insecurity. The fair treatment and justice is the right of everyone which must be respected and protected from violation. The 56 participant States in the UN Conference held in San Francisco in 1945, focused on world peace as the basic aim and made it a part of UN Charter and later the General Assembly, in 1948, passed Universal Declaration of Human Rights which defines the fundamental rights of every individual notwithstanding the difference of race, colour, sex, religion, political party, place of birth, social status and the national identity.. The subsequent Resolutions, Declarations and Treaties of UN are based on this fundamental document. The salient features of the Universal Declaration of Human Rights, 1948 are as under:‑ ‑‑‑ All human beings are born free and are equal in dignity and rights. -- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. -- Everyone has the right to life, liberty and security of person. -- No one shall be held in slavery or servitude, -- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. -- Everyone has the right to recognition everywhere as a person before the law. -- All are equal before the law and are entitled without any discrimination to equal protection of the law. -- No one shall be subjected to arbitrary arrest, detention or exile. -- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty. -- No one shall be subjected to arbitrary interference with his privacy, family, or correspondence, nor to attack upon his honour and reputation. -- Everyone has the right, to freedom of movement and residence within the borders of each State. -- Everyone has the right to a nationality. (i) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. (ii) Marriage shall be entered into only with free and full consent of the intending spouses. (iii) The family is the natural and fundamental group unit of society and is entitled to protection by society, and the State. -- No one shall be arbitrarily deprived of his property. -- Everyone has the right to freedom of thought, conscience and religion. -- Everyone has the right to freedom of opinion and expression. -- Everyone has the right to freedom of peaceful assembly and association. -- Everyone has the right to take part in the Government of his country, directly or through freely chosen representatives. -- Everyone, as a member of society; has the right to social security. (1) Everyone has the right to, work, to free choice of employment. (2) Everyone has the right to form and to join trade unions. ‑‑ Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. ‑‑ Everyone has the right to a standard of living adequate for the health and well‑being of himself and of his family. ‑‑ Everyone has the right to education. ‑‑ Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. ‑‑ Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. ‑‑ Everyone has duties to the community in which alone the free and full development of his personality is possible. FULL TEXT OF UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1948 IS AT ANNEXE-1 The universal values of living together in a global village are also recognized as fundamental principles to protect the human rights and in the light of these principles, all States which attended Second World Human Rights Conference held in Vienna in 1993 agreed to the universality of the human rights. The abuse of religious and cultural values for the sake of social, economic and political interests or the ideologies in the name of human rights violations, may cause serious injury to the concept of human dignity and create political and ideological differences in the Society. The key points of the Vienna Conference are:‑‑ ‑‑ Unanimous agreement on universality of human rights. ‑‑ Acceptance of another dependence of cultural, economic, political and social human rights. ‑‑ Acceptance of women rights as human rights and strengthening of the instrument for protection of human rights: ‑‑ Implementation of UN High Commissioner for Human Rights. ‑‑ The UN has to act as an Organization of States between global responsibilities of national interest with the concept of respect of national sovereignty, as priority against the protection of human rights. The struggle to assert and protect the human rights for social justice has never been controversial and almost all the civilized countries of the world make sincere efforts‑ for the inviolability and dignity of man. The main object of the Universal Declaration of Human Rights, 1948 is to respect the human rights and maintain the international peace and security. The Universal Declaration of Human Rights, 1948 identifies civil and political rights including the protection against arbitrary arrest and illegal detention and torture and the right of freedom of speech, freedom of association, freedom of religion and immigration, right to vote, right to work and also recognizes the economic, social and cultural rights. The said Declaration envisages that all human beings, being born free, are equal and everyone has the right to life and liberty and that no one shall be held in slavery and subjected to torture or cruelty, inhuman and degrading treatment. This charter' also protects the rights of minorities, women, children and labourers, right of cultural identity and heritage and recognize; the right in the land, right of economic development, cogent environment and health care. Civil liberties mean enjoyment and protection of the Fundamental Rights guaranteed by the Constitution with regard to individuals as well as body of person subject to any lawful restraint. The Western World thought of civil liberties in the 18th and 19th Centuries, whereas Islam dealt with the matter fourteen hundred years ago. The recommendations of Conference on Moslem Doctrine and Human Rights in Islamic proceedings published by Ministry of Justice‑Riyadh, March 25, 1972 are most valuable to have deep insight and study. The analytical study of world religions would reveal that every religion and especially the revealed religions have provided and protected the human rights. Whenever, there was any violation of human rights in a Society, Allah Almighty sent a Messenger to curb these violations and restore the human rights in the Society. All the revealed religions professed and preached Islam which is the set of universal values determining the rights and duties of the people with justice. Dr. Aslam Khaki, Juris Consultant to Federal Shariat Court and a Muslim Scholar, in his book Readings in Human Rights defined Islam in the perspective of human rights as follow: Islam is a Devine Movement for the restoration and enforcement of human rights in Society. The Last Holy Prophet, Muhammad (peace be upon him) while advancing the concept of human rights (Haqooq-ul-Ibad) strongly forbade the violations of human rights and fought for the dignity of man and woman, by prohibiting slavery and by recognition of women s rights in property and marriage with consent. The rights were proclaimed and violations like intoxication, gambling and theft were prohibited. The Holy Prophet (peace be upon him) in his Last Sermon (Khutba‑e- Hajjatulwida) which is the First Charter of Human Rights, emphasized the very equality of mankind and declared: "There is no preference or superiority of an Arab over a non- Arab and of non‑Arab over an Arab, of white over black or black over white except on the basis of Taqwa or good conduct. " The fundamental teachings of the Last Holy Prophet (peace be upon him) in the Last Sermon (Khutba‑e‑Hajjatulwida) are as under:‑ ‑‑ No one committing a crime is responsible for it but he himself. ‑‑ The blood‑revenges of the Days of Ignorance are remitted. ‑ Usury is forbidden. ‑‑ Fear Allah concerning women. Verily you have got certain rights over your women and your women have certain rights over you. ‑‑ Listen and obey though a mangled Abyssinian slave is your Ameer. ‑‑ Verily Allah has ordained to every man the share of his inheritance. ‑‑ Your lives, your property and Your honour must be as sacred to one another as this sacred day, this sacred month, this sacred town. ‑‑ And your slaves! See that you feed them with such food as you eat yourselves: and cloth them with the clothes that you yourselves wear. ‑‑ Offer prayers five times a day; observe fast in the month of Ramadan; make pilgrimage to the House (Ka'bah): pay, readily the Zakat (poor‑rate) on your property. ‑‑ There is no superiority for an Arab over a non-Arab an for a non‑Arab over an Arab; nor for white over black over the white except in piety. FULL TEXT OF THE LAST SERMON (KHUTBA‑E‑HAJJATULWIDA) IS AT ANNEXE-II In Islam, the dignity of mankind is recognized distinction of religion, race, colour, age or gender of a humiliation of mankind is strictly prohibited and the accusation for adultery is against the dignity of women. Islam permits freedom of association and freedom of expression. The golden principle of law that a person is presumed innocent unless he is proved guilty and that burden of proving the charge is on the prosecution and not on the, accused, are the principles of Islam. Islam acknowledges the principle of law that the prosecution must prove its case through evidence beyond all reasonable doubts and the benefit of doubt, if any, must go to the accused. Similarly, the principle of audi alteram partem is found in Islam. The fundamental right of life and security is acknowledged in Islam. The right of property is admitted in Qu'ran and for the preservation of the right of privacy, entry to the house of others without permission is prohibited. The human rights (Haqooq‑ul‑Ibad) are exhaustively recognized in Islam and the foundation of theory of human rights in the modern world is based on Islamic concept of Haqooq‑ul‑Ibad. In Islam, the violation of human rights is prohibited and the curbing of violation is ordained. That is why, Jehad has been ordained to curb Fitna (terrorism) and to build peace in the society as enjoyment of peace is the fundamental right of the citizens. Islam also recognizes the concept of human rights and some of such rights, as mentioned herein below, are enforced as fundamental rights through the mandate of Quran and Sunnah: Equality of Mankind: Qur'an says: O' Men, We have created you from a male and a female and made you into nations and tribes that you might identify one another. The noblest of you in Allah's view is the most righteous of you. Allah is Wise and All‑knowing. (49/013). Dignity of Mankind: Under Verse 17:70, the Quran Says "And We have bestowed dignity upon the mankind" and it is further provided as under: Mocking: "O' Believers! Let no group mock another group, who may perhaps be better than it (the mocker). Let no women mock another women, who may perhaps be better than herself. (49/11) Defamation: Do not defame one another. (49/11) Calling by nickname: "And do not call one another by nickname". (49/11). Backbiting: "Do not backbite one another". (49/11) Freedom of Association: The Quran says that "There is no coercion in the matter of Din (religion) So would you force the people to become Muslims? (10/99) Freedom of Expression: It means that everybody has the right to express his views and Quran says: "They (pious people) conduct their affairs by mutual consultation. " (42:38) "And involve their consultation in the affairs, (3:159) Right of Presumption of Innocence The basic assumption is freedom of indebtedness and Qur'an says "Each person is responsible for his own conduct and nobody shall bear the burden of other body." Right of Defence and Opportunity of Hearing: Islam is the pioneer and promoter of this principle. Even the Satan was given the right of defence before he was condemned. Allah asked Satan: "What made you prostrate not to Adam when I commanded you? (Qur'an: 7/12). It is further provided that "There shall be a woeful punishment on the day when their own tongues, hands and feet will testify to what they did. " (Qur'an: 24; 24) " Right for Security of Life: This right has been admitted as follows: "And (in Torah The Old Testament) We decreed for them a life for life, an eye for eye, a nose for a nose, an ear for an ear, a tooth for a tooth and for wounds is retaliation". "That was why we laid down for the children of Israel that whoever killed a human being, except in retaliation or in sedition in the earth, should be deemed as though he had killed all mankind". (5:32) Right to property: It means every person has right to hold or dispose of property, which he has earned or secured through legal means. In Islam Qur'an admits this right: "Do not devour one another's property through unfair means (2:188) Right to privacy: It means a person's privacy shall not be disturbed or encroached upon. Qur'an says: "O' Believers! Do not enter the house of others until you get permission and, then wish them peace. " (24:27) ‑‑ "O' Believers! Avoid most of suspicion, for in some cases suspicion is sin. And do not spy (on one another), nor backbite one another. (49:12) The comparative study of human rights given in universal declaration of Human Rights, 1948, the concept of human rights in Islam and the rights of the people in the Constitution of the various countries of' the world, would reveal that the principle of dignity of human beings and equal right of man and woman is universally recognized and all agree that no one can be deprived of any such right on the basis of race, colour, sex, language, religion, political and social status or place of birth. Everyone has the right to life, liberty and security. Slavery and servitude in all forms is prohibited. The torture, cruelty and inhuman treatment is prohibited and everyone is equal before law and has equal protection of law without any discrimination. The right of defence and fair treatment before the Court of law, the access to justice and impartial trial before a Tribunal is right of a person who is confronted with law. The protection of privacy, family and honour under the law is right of everyone. The freedom of movement within the country and travelling outside the country, subject to law, is right of everyone. The right of nationality of a country is also right of everyone and no one shall be deprived of such right. The consent marriage, right of property, freedom of thought, opinion, expression and conscience with peaceful assembly and religion are recognized rights. Every person has equal right in the public service and being citizen of a country, is entitled to social security. Everyone has the right of work and suitable employment without any discrimination and has the right to form and join a trade union. The unemployed, sick, disabled, widow, are entitled to basic necessities of life including food, clothing, medical care and social service. Every citizen has the right of education, including technical and professional education but these rights and duties shall be subject to such limitations as are determined by law in a society. Though the human rights concept is as old as the history of human beings but unless the rights have the legal protection, their existence is meaningless. There are national and international laws and Constitutional provisions for the safeguard of human rights of men and women, children, sick, unemployed, minorities and destitutes. The law enforcing agencies and legal system in a Society have to respect and protect these rights at all levels and every State is under an obligation to enact laws for the protection of human rights. Constitutional Protections in Pakistan: The Constitution of' the Islamic Republic of Pakistan, 1973 was promulgated on 14th August, 1973. Human Rights are discussed in the Preamble and Introductory Chapter. The Chapter 1 exhaustively deals with the Fundamental Rights of the people of Pakistan and Chapter 2 thereof relates to the Principles of Policy by which the State binds itself with the principles to follow. The Preamble enunciates the following fundamental principles which describe the basis of human rights philosophy of the Constitution:‑‑ ‑‑ Sovereignty belongs to Allah Almighty alone and the authority to be exercised by the people of Pakistan within limits prescribed by Him is a sacred trust; ‑‑ The will of the people is that the State shall exercise its powers and authority through the chosen representatives of the people; ‑‑ The principles of democracy, freedom, equality, tolerance, and social justice shall be fully observed; ‑‑ Adequate measures shall be made for the minorities to profess freely and practice their religion and develop their culture; ‑‑ Fundamental rights, including equality of status and equal opportunity under the law, social economic and political justice and freedom of thought, expression, belief, faith, worship and assembly shall be guaranteed; ‑‑ Adequate measures shall be taken to safeguard the legitimate interests of minorities and backward and oppressed classes; ‑‑ Independence of judiciary shall be fully secured; ‑‑ The people may make their full contribution towards international peace and progress and happiness of humanity; ‑‑ Pakistan would be a democratic State based on Islamic principles of social justice; and ‑‑ An egalitarian society to be created through a new order. The Constitution of The Islamic Republic of Pakistan guarantees fundamental rights to the people and makes adequate provisions to secure social economic and political justice, freedom of thought, expression, belief, faith, worship and association subject to law and public morality. The rights of disadvantaged people like women, minorities; poor, backward and depressed classes have been protected. The forced labour, male and female trafficking, child marriage and child labour are prohibited and the independence of the Judiciary has been guaranteed. The welfare of the people of Pakistan has been ordained so that they may prosper and attain their rightful and honourable place amongst the nations of the world and make their full contributions towards the national and international peace, progress and happiness of humanity. In case of any violation of human rights, a citizen can invoke the Constitutional jurisdiction of the High Court and of the Supreme Court of Pakistan under Articles 199 and 184 (3) of the Constitution, respectively. Articles 9 to 28 and 29 to 40 of the Constitution of Islamic Republic of Pakistan contain the Fundamental Rights and Principles of Policy, which are described as under:‑‑ Fundamental Rights: -- Security of person, -- to arrest and detention ‑‑ Slavery, forced labour, etc. prohibited. ‑‑ Protection against retrospective punishment. ‑‑ Protection against double punishment and self‑incrimination. ‑‑ Inviolability of dignity of man, etc. ‑‑ Freedom of movement, etc. ‑‑ Freedom of assembly. ‑‑ Freedom of association. -- Freedom of trade, business or profession. -- Freedom of speech, etc. -- Freedom to profess religion and to manage religious institutions. -- Safeguard against taxation for purposes of any particular educational institutions in respect of religion, etc. -- Provision as to property. -- Protection of property rights -- Equality of citizens. -- Non‑discrimination in respect of access to public places. -- Safeguard against discrimination in services. -- Preservation of language, script and culture. Principles of Policy: -- Responsibility with respect to Principles of Policy: -- Islamic way of life. -- Promotion of local Government institutions. -- Parochial and other similar prejudices to be discouraged. -- Full participation of women in national life. -- Protection of family, etc. -- Protection of minorities. -- Promotion of social justice and eradication of social evils. -- Promotion of social and economic well‑being of the people. -- Participation of people in Armed Forces. -- Strengthening bonds with the Muslim world and promoting international peace. [Full Text of the Fundamental Rights and Principles of Policy, as enshrined in the Constitution of Islamic Republic of Pakistan, is at Annex‑III] PROTECTION OF HUMAN RIGHTS‑‑‑INTERNATIONAL POSITION Position in United States: On July 29, 1988 an‑American Court of Human Rights delivered a historic judgment. In determining that the Honduran Government was responsible for the forced disappearance of Angel Manfredo Velasquez Rodriguez in Honduras, the Court has established that:‑‑ "Individuals whose human rights are violated by Governments in the America may count on International law and Courts protect them. This is the first case in which the Court has found a state party in violation of the American Convention on Human Rights. " (HRI Reporter 12.3 (Spring/Summer, 1988). The establishment of National Human Rights Commission and Human Rights Courts for better protection of human rights and the matters incidental arid ancillary thereto, is essential in all countries. Position in England: In England, before 1947, the Crown enjoyed immunity from tortuous liability as per the maxim "King Can Do No Wrong". The liability of the Crown has been entirely changed after the passing of the Crown Proceedings Act, 1947. Position in India: Our neighboring country, India, promulgated protection of human rights laws and for this purpose National Human Rights Commission was established. The Chairperson of this Commission is a person who has been a Chief Justice of the Supreme Court. The Human Rights Courts are also to be established at the District level and the jurisdiction of the Commission and the Courts have been extended to the cases of violation of human rights. A few judgments delivered by the Indian Courts on subject are referred hereunder:‑‑ ‑‑ The driver of a Government truck was engaged in a famine relief work. An accident occurred due to the negligence of the driver in which its passenger dies. The Court held that the State was liable. (AIR 1974 SC 890). ‑‑ Habeas Corpus petition. Two persons might have been killed while in Army custody. Court awarded compensation. (AIR 1984 SC 1026). -- The petitioner was detained by police wrongfully. The Supreme Court has used the writ jurisdiction under Article 32 of the Constitution to award compensation to a victim of the State's wrongful acts. (AIR 1986 SC 494). -- Compensation to riot victims was granted by the apex Court. (AIR 1987 SC 355). ‑‑ The State is under a Constitutional obligation to compensate the victims adequately as the State failed to protect the life, liberty and property of the citizens in the communal rights (AIR 1992 J and 11). ‑‑ Compensation to rape victims by the State was ordered. (AIR 1990 SC 858). ‑‑ Article 21 of the Indian Constitution guarantees rights to life. ‑‑ The right to health and access to medical treatment has peen included in the plethora of rights brought under the ambit of Article. (AIR 1978 SC 597). One Hakim Sh. met with an accident and suffered serious injuries. When he approached the Government Hospitals, 'admission was denied on account of non‑availability of beds and finally he got himself admitted in a private hospital and thus incurred expenses. The Supreme Court admitted the petition and awarded a compensation of Rs.25,000 against the State. (AIR 1996 SC 2426). ROLE OF JUDICIARY FOR THE PROTECTION OF HUMAN RIGHTS IN PAKISTAN In Pakistan, the Superior Courts have always been vigilant to protect human rights and zealously safeguard the legal rights of the people. 'The subordinate Judiciary in Pakistan has also played a very effective role in this behalf and thus the Judiciary as a whole has remained a great source in protecting the human rights of the people. Following are some of the cases relating to the burning issues of human rights in which the Superior Courts of Pakistan have given verdicts for the protection of human rights:‑ Gang Rape.‑‑In a case in which only gang rape and the property rights of females were in particular involved, the Court also discussed various rights conferred by the Constitution and laws on female section of our society. It was observed that for the eradication of the violation of the fundamental rights as well as for their enforcement, the Court can direct the amendments in law and enactment of necessary legislation and discussed a number of Articles of the Constitution of Pakistan, 1973 in the following manner. (1993 SCMR 2001): ‑‑ Article 11 (3) provides that no child below the age of fourteen years shall be engaged in any factory or mine of any other hazardous employment. ‑‑ Equality of Citizens (Article 25). ‑‑ There shall be no discrimination on the basis of sex alone. (Article 25 (2)). ‑‑ Nothing in this Article shall prevent the State from making any special provision for the protection of women and children (Article 25 (3)) ‑‑ Article 26 relates to the non‑discrimination in respect of access to public places. ‑‑ Under Article 27, it is provided that no citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth. -- Article 34 ordains that steps shall be taken to ensure full participation of women in all spheres of national life. -- Article 35 provides that the State shall protect the marriage, the family, the mother and the child. -- Article 37 (e) "makes provision for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. -- Article 38 (a) secures the well being of the people irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employee and landlords and tenants. -- Article 38 (d) ensures the basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment.. Brick‑kiln‑‑Bonded Labour‑‑Detention. The Supreme Court of Pakistan not only protected the fundamental rights of the brick‑kiln workers but also opened new vistas of public interest litigation based on human rights in Pakistan and ever since, the Superior Courts, utilizing Constitutional provisions, have taken significant strides in the fields of human rights, environment protection and public interest litigation. In the case of Darashan Masih (PLD 1990 SC 513), the then Chief Justice of Supreme Court, on receipt of a telegram, while taking cognizance of the matter under Article 184 (3) of the Constitution, directed for the release of detenus, including women and children belonging to brick‑kiln labour of Christian community and observed as under: -- The system of Bonded labour not only in Brick‑kiln industry but in all walks of life be abolished and the labour be freed and discharged from all their obligations to render bonded labour. -- The ADVANCES and PESHGIS already made and all rights and liabilities accruing therefrom, should stand extinguished. -- Giving and receiving of all ADVANCES (PESHGIS) be stopped and made an offence punishable under the law. -- Prohibition against CHILD LABOUR should be strictly enforced inter alia, in the Brick‑kiln industry. In compliance thereto, the Government of Pakistan has promulgated the following enactment: 1. The Employment of Children Act, 1991 (V of 1991). 2. The Bonded Labour System (Abolition) Act, 1992. Environmental Pollution in Baluchistan. ‑‑The Supreme Court, having noticed a news item in a daily newspaper, that nuclear or industrial waste was to be dumped in Baluchistan which was in violation of Article 9 of‑ the Constitution ordered that, no one will apply for allotment of plot, being allotted, for dumping nuclear or industrial waste. Supreme Court further gave a guideline for allotment of plots in the area. (PLD 1994 SC 102). Irregular appointments in Government Departments. While inquiring into various complaints of violation of fundamental human rights, it has been found that _the Federal, Government, Provincial Government, Statutory Bodies and the Public Authorities have been making initial recruitments both ad hoc and regular to posts and offices without publicly and properly advertising the vacancies and at times by converting ad hoc appointments into regular appointments. The Court declared that this practice is prima facie violative of the fundamental right (Article 18 of the Constitution), guaranteeing to every citizen freedom of profession. (1993 SCMR 1124). Solitary Confinement/Torture.‑‑The Court observed that the solitary confinement obviously amounted to the torture and confession is not obtained while under such detention is not voluntary. (PLD 1978 Peshawar 38, Asfandyar Wali v. The State). Inheritance‑‑Co‑share‑‑Rights of Female.‑‑It was held that the rights of illiterate and deprived female population of the country should be protected in respect of property and inheritance as the brothers do not give share to their sisters in inheritance of their father. Further the matters relating to the contracts which do not contain enough legal safeguard and are against the public policy, were discussed. (PLD 1990 SC 1 Ghulam Ali v. Mst. Ghulam Sarwar Naqvi). Public Interest Litigation.‑‑The Supreme Court while discussing the question relating to its jurisdiction under Article 184(3) held that this Article confers jurisdiction on the Supreme Court concurrent with that of the Nigh Courts, regarding enforcement of the constitutionally guaranteed Fundamental Rights and held that the fetters of locus standi, applicable to High Courts, do not apply to the Supreme Court in this jurisdiction. In the light of this judgment, primarily the Supreme Court has made a considerable headway in the fields of human rights, environmental protection and public interest litigation in Pakistan. The Court observed that:‑‑ "The intervention of the Election Commission which is certainly not a judicial body, in the operation of political parties is, therefore, unwarranted and unreasonable restriction, violation of the fundamental right in question." It was further observed that:‑‑ In case of the violation of the fundamental rights of a class or a group of persons who are unable to seek redress from a Court the "traditional rule of locus standi " can be dispensed with and procedure available in public interest litigation can be made use of, if it is brought before the Court by the person acting bona fide: (PLD 1988 SC 416 Miss Benazir Bhutto v. Federation of Pakistan). Burden of Proof.‑‑In Suppression of Terrorist Activities (Special Courts) Act, 1975 there was a provision of law, where the burden was shifting upon the accused to prove his innocence which was disapproved by the High Court and Supreme Court of Pakistan. (1997 PCr.LJ 198). Public Interest Litigation.‑‑The public interest litigation can be initiated for judicial redress for public injury by a person not personally hurt. (PLD 1992 Karachi 54 Muntzama Committee v. Director, Kachi Abadi). Going Abroad And Getting Permission.‑‑The Supreme Court observed that the fundamental right of a citizen to proceed abroad and get a passport, to travel cannot be denied. However, undoubtedly, to travel abroad could be barred if it was shown that the applicant was going abroad to meet the enemies of the country and his foreign visit could endanger the security of the State or was against public interest. (PLD 1987 SC 504 Government of Pakistan v. Dada Amir Haider Khan). Admission in Medical Colleges on Discrimination of Sex. The Court observed that on account of mere discrimination of sex (Female), admission in medical college cannot be refused. (PLD 1990 SC 295 Shrin Munir v. Government of Punjab). Inheritance of Land By a Lady.‑‑In a case ‑relating to the inheritance of female, the Supreme Court granted leave to appeal and ordered that petitioner be provided with legal assistance through engagement of a competent counsel at State expenses. (PLD 1992 SC 811 Mst. Fazal Jehan v. Roshan Din). Liberty of Choosing Profession.‑‑The Court held that in Islam human beings are allowed liberty of choosing what is best for them. The Court suggested for amendment in West Pakistan Press and Publication Ordinance, 1963. (PLD 1988 SC 202 Federation of Pakistan v. Public at Large). Show‑Cause Notice/Hearing.‑‑The Supreme Court held that prior notice and right of hearing are basic Islamic rights of a person and observed that "cantonment" employees would stand at par with other employees in such matters and there can be no valid reason for creating any distinction between the employees. (PLD 1987 SC 304 Pakistan and others v. Public at Large). The Right of Appeal in Laws of Forces.‑‑The right of appeal under Pakistan Army Act, 1952, the Pakistan Navy Ordinance, 1961 and the Pakistan Air Force Act, 1953 was allowed. (PLD 1989 SC 6 Pakistan through Ministry of Defence v. General Public). Zina‑bil‑Jabr.‑‑In a case of Zina‑bil‑Jabr; the Supreme Court has not only decided the case but also ordered for protection of illiterate poor women in rural society and directed for promotion of social justice and eradication of the social evils in rural areas in accordance with tenets of Islam. The Supreme Court emphasized the extreme urgency in initiating social uplift programmes in rural areas. (PLD 1991 SC 412 Mst. Nasreen v. Fiaz Khan and others). Power to commute the Sentence of Death by the President.---The question before the Supreme Court was that whether Article 2‑A which was inserted by President's Order. No. 14 of 1985 in Constitution of Pakistan, 1973 and made a substantive part of the Constitution, has resulted in denuding the powers of President, of commuting the sentence of death conferred on him by Article 45 of the Constitution., The Court held that the President had no such power to commute the death sentences awarded in matters of Hudood, under Qisas and Diyat Ordinance. The power of pardon in such cases only vests with the heirs of the deceased. (PLD 1992 SC 595 Hakim Khan v. Government of Pakistan). Laws Applicable to Federally Administered Tribal Areas.‑‑ The Peshawar High Court rendered a landmark judgment in which the special criminal and civil laws applicable to the Provincially Administered Tribal Areas of the N.‑W.F.P. were declared to be violative of the Fundamental Rights (PLD 1990 Pesh. 51 Muhammad Rashid and others v. Assistant Commissioner Swat and others). Laws in Tribal Areas of Balochistan.‑‑The matter relating to discriminatory nature of the special Criminal and Civil laws applicable in the Tribal Areas of Balochistan were brought before the. High Court at Quetta and the Court declared these laws as violative of Constitution. (PLD 1991 Quetta 7 (Balochistan Bar Association v. Government of Balochistan. This judgment was later on upheld by the Supreme Court of Pakistan in the case of Government of Balochistan v. Azizullah Memon and 16 others (PLD 1993 SCS 341). Public Hanging.‑‑In the matter of public hanging of criminals sentenced to death for commission of heinous offences the Supreme Court took notice of the matter upon a telegram received from the Amnesty International and declared public hangings to be violative of human dignity by Article 14 of the Constitution as a Fundamental Right. (1994 SCMR 1028). The concept of equal rights of man and woman is not being respected and the women are still victim of gender inequalities in the Society. The violence of human rights against women, in any form through exploitation or discrimination, is manifestation of gender injustice which must be discontinued. The general justice should be developed as way of life and for proper protection of human rights, the human consciousness must be developed towards the general justice. The Superior Courts of Pakistan also took suo motu notices in number of high profile cases of human rights violations like Mirawala case (gang rape), Mianwali case of Wanni and Shaista Almani case of marriage by choice. It is due to the interference of Superior Courts coupled with the efforts of media and N.G.Os. that graph of such cases is coming down. In the past, such cases of grave human right violations were neither reported nor noticed. Awareness of rights through education and media has accelerated and eased the work of Superior Courts to check such violations therefore the role of the educators, press and media personnel and N.G.Os. has tremendously increased as they are responsible for the awareness of these rights. I would commit injustice if I do not appreciate the positive role of media in this respect. Vis‑a‑vis, the role of the Judiciary. Education in human rights is an. essential, instrument of liberation and source of awareness: The educators should take indicatives and accept the responsibility to ensure that education contributes to the promotion of equity, peace and the universal realization of human rights. The new millennium is the millennium of human rights in which the civilization of the individual as well as of the nation, would be judged on the touchstone of human rights to eradicate social and economic injustices. In this direction, the Government of Pakistan under the valiant leadership of General Pervez Musharraf, President of Pakistan, has taken effective steps towards the realization of human rights in the economic, social and political spheres and has generously and zealously protected the rights of disadvantaged classes of Society like women, children, labour and the disabled. The women seats in the National and Provincial Assemblies and in the Senate have been increased. Women have also been given sufficient representation in the local bodies. The right of peace of the people, has been protected by curbing terrorism in the country. The right to vote on attaining majority, i.e. 18 years has been recognized. The first Convention in the history of Pakistan on `Human Rights and Human Dignity' was held in 2000 and the present regime having taken effective measures in the field of human rights rendered valuable service to the people, much more to that of any other Government in the past. The conclusion is that Human Rights violations cause general unrest and lead towards greater injustice in the society as a result of which happiness in life disappears. The global order today marches towards the sustainable foundation of just development with a purpose to restore peace and prosperity to the world community. The Government of Pakistan adheres to its pioneer commitments in supporting the globalization of Human Rights and adopting appropriate initiatives for bringing peace, justice, democracy and prosperity to the nation.