PAKISTAN STUDIES NOTES-GRADE 11th & 12th

Chapter # 2 – Constitutional Development in Pakistan

2.2.13. Evaluate the Practical Implementation of These Rights in Pakistan.

The practical implementation of fundamental rights in Pakistan has been a subject of debate and scrutiny over the years. While the Constitution of Pakistan guarantees a comprehensive set of fundamental rights, including rights to life, liberty, equality, freedom of speech, and religion, among others, their effective enforcement and realization have faced numerous challenges.

1. Legal Framework: Pakistan’s Constitution provides a robust legal framework for the protection of fundamental rights. However, there have been instances where laws and practices have been inconsistent with these rights, leading to violations.
2. Judicial Activism: Pakistan’s judiciary has played a crucial role in upholding fundamental rights through suo moto actions, public interest litigation, and judicial activism. The Supreme Court, in particular, has intervened in cases of human rights abuses, ensuring accountability and redress for victims.
3. Challenges in Enforcement: Despite legal provisions, the implementation of fundamental rights faces obstacles such as corruption, lack of awareness, and bureaucratic inefficiency. Many marginalized communities, including religious minorities, women, and children, continue to experience discrimination and exploitation.
4. Freedom of Speech and Press: While the Constitution guarantees freedom of speech and press, journalists and activists often face censorship, harassment, and violence. The state’s use of restrictive laws, such as the Pakistan Electronic Crimes Act (PECA), has been criticized for stifling dissent and curbing media freedom.
5. Gender Equality: Despite constitutional guarantees of gender equality, women in Pakistan face widespread discrimination, violence, and limited access to education, healthcare, and employment opportunities. Honor killings, child marriages, and domestic abuse remain prevalent issues.
6. Minority Rights: While the constitution guarantees equal treatment of minorities, successive governments have failed to provide them with adequate security and protection. Minorities often face discrimination, persecution, and violence, undermining their rights as citizens.
7. International Obligations: Pakistan is a signatory to various international human rights treaties and conventions. However, the country’s compliance with these obligations has been inconsistent, with criticisms regarding accountability mechanisms and implementation gaps.
8. Crackdown on Political Dissent: Pakistan’s history includes instances of harsh crackdowns on political dissent, limiting the space for criticism and discourse. Enforced disappearances of activists, academics, and journalists have become commonplace, stifling freedom of expression and dissent.
9. Access to Education: Although access to education is a fundamental right, millions of children remain out of school due to poverty, bonded labor, and insufficient educational facilities. The government’s failure to ensure universal access to education reflects a gap in implementing this fundamental right.
10. Freedom of Assembly: While the constitution allows people to assemble and voice their rights, mass movements advocating for social justice are often met with repression. Authorities frequently use force to suppress peaceful protests, violating citizens’ right to assembly and expression.
11. Elimination of Slavery and Bonded Labor: Despite constitutional guarantees, instances of slavery and bonded labor persist in rural areas, particularly in Sindh and Punjab. Landlords exploit vulnerable workers, subjecting them to deplorable conditions akin to slavery.
12. Preservation of Language and Culture: Safeguards for language, script, and culture are fundamental rights, yet practical implementation remains lacking. Many local languages are at risk of extinction, with little government effort to promote or preserve them.
13. Neglect of Regional Languages: The state’s neglect of promoting and preserving regional languages is evident, as seen in the exclusion of Gilgit-Baltistan’s local language from the 2017 census. This indifference reflects a broader failure to uphold linguistic diversity and cultural rights.

Conclusion

 while Pakistan’s Constitution enshrines fundamental rights, their practical implementation faces significant challenges due to legal, social, and political factors. Addressing these challenges requires concerted efforts from the government, judiciary, civil society, and international community to ensure the protection and realization of fundamental rights for all citizens.