Is access to justice and Human Rights there in Pakistan?

The key responsibility of a state is to provide and fulfilled the security, freedom and property to its residents and by following these measures the state gives right to a person to spend their lives according to their norms. Hence, the assurance of protecting these primary rights is named as “fundamental rights”. On the other hand, justice is providing weightage on scales by declaring right as right and wrong as wrong. Moreover, justice and human rights goes hand in hand when an individual is not having freedom to his/her right or when he/she wrongly utilizes their rights. And here, justice plays its part by giving equal treatments by providing the freedom and punishing the wrong acts. Most significantly, access to justice reflects on the awareness of these fundamental rights that plays an important role in making the country more disciplined and positive.

Fundamental Rights in the Constitution of Pakistan:

In Pakistan, the model of human rights and its protection is known to give freedom and confidentiality to an individual because its foundation is based upon Islamic principles, dictated by prophet Muhammad (PBUH) who accentuates on giving self-respect to manhood deprived of any difference of race, faith, age, color or sex. The constitution of Pakistan 1973 guaranteed these Fundamental Rights to a Pakistani citizen in Articles depicting the right to life and liberty, slavery being Forbidden, protection against Retrospective Punishment, double Punishment & self-Incrimination, Freedom of Movement, Speech and Religion, Etc., and Equality of Citizens. Starting with the right to life and liberty is followed by Article-4 and 9 that provides security and freedom to live as a citizen. Then, slavery being declared as illicit and forbidden in Article-11, denying the subjugation and all types of constrained work to any individual. Further, Article-12 offers protection against retrospective punishments for wrongful deeds being unpunishable, when committed. For double Punishment & self-Incrimination, the Article -13 free an individual from punishment for similar offense more than once and accused cannot be compelled by witness. Moreover, the Article-15 gives freedom of movement to its citizens to move and live unreservedly throughout the country, whereas the Article-19 gives citizens to have freedom of speech and expression. Also, under article- 20 the constitution guarantees freedom of religion and its choice. Most importantly, Article-25 reflects upon the Islamic principles to give equal protection to all the citizens regardless of the gender. It emphasizes more on ensuring protection to women and children.

Prevalence of justice while having access to Fundamental rights:

It’s important to consider that people should be aware of their rights and how to utilize them to avail justice. The lack of rights and justice takes place due to certain differences in class, race, religion or society. Previously in Pakistan, the awareness of rights was an anti- Islamic phenomenon and having more of its belonging to western culture which is really a myth. However, the awareness is increasing among the urban citizens of the country, and they are utilizing their voices to achieve their opportunity to avail justice. Further, this can be seen in the triple-murder case of umm -e – Rubab family, when on January 17, 2018, Rubab’s father, uncle and grandfather were shot dead in front of DSP Police office. It was found that the murders belong to PPP Sindh assembly Sardar Chandio and Burhan Chandio. Rubab after fighting her case aided her to get her demanded justice by the court and got the suspect Murtaza Chandio arrested in the district police on February 19 ,2021. On September 12, 2021, the court also held charge against Sardar Chandio and Burhan Chandio. Thus, this example depicts the power of fundamental rights and it also shine lights upon the wisdom it held in an individual like Rubab to fight for 3 years and at last tasting her win to get justice.

In conclusion, we can oversee the future of Pakistani citizens getting more awareness and justice for their rights and thus, showcasing the positive image of Pakistan.