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12. A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973
- Author:
- Naveed Ahmed
- Publication Date:
- 07-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Political Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- In general sense the right is considered that source by using that a person is being entitled for all obligation intended to other persons as per the approved limitation of law. The legal right after its recognition takes power for its enforceability from the Constitution. Therefore, in order to alter a legal right, it needs amendments in the Constitution by legislature. The philosophy of human rights is as old as the establishment of mankind. The right to life is considered as the most important and basic human right and is the foundation of all other rights guaranteed by the Constitution. However, where there is right there is always some obligation to enjoy that right. The right of equality demands that all the people have same rights and self-respect as they are born as free and entitle for equal protection as per the Constitution without any discrimination. Generally, human rights are deliberated as a matter of right other than special favor and privilege and must be accepted with full regard not being constrained to the territorial limitations. Therefore, the focus of this study is to critically analyze the most important fundamental rights and how seriously the judiciary of Pakistan perceives these rights in the context of Constitution of Pakistan, 1973. The study may provide an opportunity to build a bridge between the judiciary and the executive for the proper implementation of fundamental rights in Pakistan.
- Topic:
- Human Rights, Constitution, and Judiciary
- Political Geography:
- Pakistan and South Asia
13. Identity Crisis and Rights in Trouble: Transgenders in Islamic Republic of Pakistan
- Author:
- Muhammad Mumtaz Ali Khan
- Publication Date:
- 07-2021
- Content Type:
- Journal Article
- Journal:
- Journal of Political Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- Transgenders have been facing grim situations since ages and in Pakistan since its inception. They have been murdered, raped, sexually abused, physically victimized, and discriminated in all fields of life. In wake of their grievances Supreme Court of Pakistan has laid down a milestone whereby they are recognised as subduct of human rights and allowed them to be a part of mainstream of society. However, at institutional level in Pakistan, whether it relates to education, health, or any other domain, it needs severe scrutiny for the implementation of the rights given to transgenders. Moreover, society as a whole, needs a big transition and drastic change of behaviours to be receptive and inclusive, so that the complexes faced by the transgenders through centuries be redressed and cured.
- Topic:
- Human Rights, Constitution, Transgender, and Gender Minorities
- Political Geography:
- Pakistan and South Asia
14. Challenge of Statelessness—The Indian Response
- Author:
- V. Suryanarayan
- Publication Date:
- 12-2020
- Content Type:
- Working Paper
- Institution:
- India International Centre (IIC)
- Abstract:
- There are stateless people all around the globe. The problem is very acute in the Asia–Pacific region. The United Nations High Commissioner for Refugees (UNHCR) estimates that there are 10 million stateless persons across the world. A stateless child is born every ten minutes. What does it mean to be a stateless person? It means you have no identity, you have no nationality. You are not recognised as a citizen of any country. As UNHCR has rightly pointed out, ‘Often they are excluded from cradle to grave— being denied a legal identity when they are born, access to education, health care, marriage and job opportunities during their life time and even the dignity of an official burial and a death certificate.’ Over one-third of the world’s stateless are children
- Topic:
- Human Rights, Refugees, Constitution, Citizenship, History, and Stateless Population
- Political Geography:
- South Asia and India
15. Parliamentary Oversight of Constitutional Bodies in the Maldives
- Author:
- Alexandra Brown, Erica Shein, and Katherine Ellena
- Publication Date:
- 12-2020
- Content Type:
- Working Paper
- Institution:
- International Foundation for Electoral Systems (IFES)
- Abstract:
- After decades of power centralized in the executive, the Maldives’ 2008 Constitution introduced separation of powers and created “independent institutions to monitor the three branches of power and safeguard human rights.” The Election Commission, Anti-Corruption Commission and other independent institutions must have sufficient autonomy to operate effectively and carry out their mandates without susceptibility to undue influence. However, they are not immune from corruption, poor leadership or partisan behavior, and still require oversight to ensure accountability. Finding the correct balance between accountability and autonomy can be challenging, but it is essential to ensure that the institutions appropriately fulfill their mandates. In response to a request from Parliament, the International Foundation for Electoral Systems (IFES) conducted an extensive literature review, analyzed comparative practices and consulted stakeholders to develop a set of recommendations for effective parliamentary oversight of independent institutions. The resulting paper, Parliamentary Oversight of Constitutional Bodies in the Maldives, explores how parliamentary tools and mechanisms can be effectively tailored to provide the appropriate level of oversight. The paper has recommendations and lessons that are broadly applicable outside the Maldivian context, and helped inspire the development of IFES’ Autonomy and Accountability Framework. Because constitutional bodies have a unique role to play in bolstering good governance, any improvement to their performance will improve the quality of democracy as a whole and help prevent corruption, improve service delivery and increase transparency and rule of law. IFES’ Autonomy and Accountability Framework helps countries achieve this in practice.
- Topic:
- Elections, Democracy, Constitution, Transparency, Autonomy, and Parliamentarism
- Political Geography:
- South Asia, Asia, and Maldives
16. The Legal Regime and Political Economy of Land Rights Of Scheduled Tribes in the Scheduled Areas of India
- Author:
- Namita Wahi and Ankit Bhatia
- Publication Date:
- 03-2018
- Content Type:
- Special Report
- Institution:
- Centre for Policy Research, India
- Abstract:
- Context: India holds the unique distinction of being both the world's largest constitutional democracy and also one of its fastest growing economies. Critical to the process of India's economic development is state acquisition of land for infrastructure and industrial development. Creating a legal framework that ensures equitable and efficient acquisition of land by the state, through processes that are socially inclusive and politically feasible, has proved challenging. While the Indian Constitution guarantees property rights to all, it enshrines special protections for land rights of ‘Scheduled Tribes’, vis-a-vis the state and other communities, in geographically demarcated tribal majority areas known as ‘Scheduled Areas’ under the Fifth and Sixth Schedules of the Constitution. The currently designated Fifth Scheduled areas are in the states of Andhra Pradesh, Telangana, Gujarat, Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Maharashtra, Orissa, and Rajasthan. The currently designated Sixth Schedule areas are in the north-eastern states of Assam, Meghalaya, Tripura, and Mizoram. The Scheduled Tribes (STs) or adivasis consist of a number of heterogeneous tribal groups that have historically self-identified and been identified by the British colonial and independent Indian states, as lying outside the mainstream of Hindu society, partly because of their ’distinctive culture and way of life as a group’, and partly because of their ‘geographical isolation’. Currently, there are 750 tribes in 26 states and 6 union territories of India. The Constitution guarantees special protections for land rights of Scheduled Tribes in Scheduled areas because land is not only the most important source of tribal livelihoods, but it is also central to their community identity, history and culture. Many non-Scheduled area states have also created legal protections for protecting land rights of tribals. However, CPR Land Rights Initiative research shows that despite these special protections, Scheduled Tribes remain one of the most vulnerable, most impoverished, and most displaced of all groups in India. 47.1% of all STs in rural areas are below the poverty line as compared to 33.8% for the national average, whereas 28.8% of all STs in urban areas are below the poverty line as compared to 20.9% for the national average. Inspite of being the only group with constitutional protections for their land rights, 9.4 % of STs are landless compared to 7.4% for the national average. While STs constitute only 8.6% of the total population, it is estimated that they constitute 40% of all people who have been displaced during the period 1951 to 1990, some more than once, due to the construction of dams, mines, industrial development, and the creation of wildlife parks and sanctuaries. Only 24.7% of ST population that was displaced during this period was rehabilitated. Therefore, it is clear that these groups have disproportionately borne the burden of economic development. Why is this so? The CPR Land Rights Initiative report on ‘The legal and political economy of land rights of Scheduled Tribes in the Scheduled Areas of India’, offers some preliminary answers to these questions. Through a review of constitutional provisions, laws, and policies, governing the rights of Scheduled Tribes and the administration of Scheduled Areas, and the financial and administrative structures that effectuate these protections, the Report delineates a conflicting regime of protective and displacing laws, as well as conflicting policy narratives underlying these laws which facilitate the displacement of Scheduled Tribes and their corresponding landlessness. The Report also contains extensive primary data on the current mapping of Scheduled areas, and the current distribution of dams, forests, and mining activity, in the Scheduled areas. Key findings: Extent of geographical area, and distribution of forests, dams, and mining activity in Scheduled Areas: The Report establishes for the first time that as much as 13% of India’s geographical area is in the Scheduled Areas. Further, the Report finds that both the concentration of forest cover, and the concentration of dams, is significantly higher in Scheduled area districts (a little over two and a half times) as compared to non-Scheduled area districts. Finally, we find that 90% of all mineral wealth generated in India comes from states that have Scheduled Areas. Fragmented constitutional protections for Scheduled Tribes: The Report concludes that despite the centrality of land to the identity, economy, and culture of the Scheduled Tribes, the constitutional protections for Scheduled Tribes and Scheduled Areas are fragmented and contradictory. The creation of these fragmented protections was in turn a product of two factors. First, even at the time of drafting of the Constitution, many tribal communities were no longer located within the geographically isolated scheduled areas, while many non-tribal communities were resident there, some for several generations. The Constitution makers created safeguards both for tribal people resident in Scheduled areas and those that were residing outside Scheduled Areas, but these fragmented protections failed to fully safeguard the rights of STs. Second, they arose from an inherent contradiction in creating geographically protected areas for Scheduled Tribes, while at the same time imposing no restrictions on the movement of tribals outside those areas, or on the movement of non tribals to those areas. This enabled more dominant non-tribal communities to settle in scheduled areas and in practice displace STs. Special constitutional and legal protections for ST land rights negated by contrary laws: The Report concludes that special constitutional and legal protections for land rights of STs have been diluted by a contrary legal framework comprised of forests, mining, and land acquisition laws. While state land alienation prohibition laws prohibit transfer of land from tribals to non tribals, there is no prohibition on the state acquiring land in Scheduled Areas for its own purposes in the exercise of its power of eminent domain or assertion of its rights over forestland. State led lawfully sanctioned development in the form of dams, mines, industrial development, and wildlife parks and sanctuaries, has historically been the biggest displacer of STs. This is corroborated by data on the intensity of dams and mining activity in the Scheduled Areas as outlined in the Report. Fundamental contradictions between ‘identity based isolation’ and ‘development through integration’ policy narratives of the British and Indian states: The Report finds a fundamental contradiction between two narratives that have characterised the policies of the British colonial state and the independent Indian state. The first narrative, that the Report calls the ‘identity based isolation’ narrative, identifies the tribals as a ‘distinctive group outside mainstream Hindu society’ both in terms of their ‘cultural traits’ and ‘geographical isolation’, and argues that they are keen to preserve their distinctiveness and their isolation. The second narrative called the ‘development through integration’ narrative identifies the tribal way of life as backward, compared to mainstream Indian population and seeks to improve their economic and social indicators to ‘integrate’ or ‘assimilate’ them with the mainstream population. The Report concludes that while both the ‘identity based isolation’ and ‘development through integration’ narratives, characterised the drafting of constitutional protections for STs, post-independence policy making was guided primarily by the latter. STs have however, rejected the ‘development through integration’ narrative as paternalistic and patronising, alleging that it fails to capture their aspirations to ‘develop according to their own genius.’ Meagre financial allocations for ST welfare: Translating policy and legal protections into reality needs financial resources. Even though the Constitution envisages a centralised framework for the administration of tribal areas under the aegis of the President and Governors of states, the responsibility of financing the costs of progressive change increasingly vests with the states. The Report computes significant shortfalls in Planning Commission recommended financial allocations made by both central and state governments in Scheduled area states under the tribal sub plan. Misguided expenditure of allocated funds compounds the problem of shortfall of funds for tribal development.
- Topic:
- Political Economy, Law, Economies, Constitution, Ethnicity, and Land Rights
- Political Geography:
- South Asia, India, and Asia
17. Military and Democracy: Conflict Resolution in Reference with Constitutional and Political Development of Pakistan
- Author:
- Iqra Khalil and Naveed Ahmed
- Publication Date:
- 01-2017
- Content Type:
- Journal Article
- Journal:
- South Asian Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- A strong army plays an important role for the defense and security of any country. Without a strong army, no country can survive smoothly. Unfortunately, in Pakistan, army remained dominant in the political and constitutional development since independence because of some loopholes in the political and constitutional system. Consequently, Pakistan had to face various military coups. In British India, Army neither tried to overrule the Constitutional and political decisions taken by the Government, nor took over the country and the same rule was followed by the Indian army after independence which ultimately strengthens their political institutions. Whereas Pakistan has to face various successful as well as unsuccessful coups which not only derail the political institutions but also destabilizes the social, economic and legal systems of the country. The purpose of this article is to critically analyze the role of army in the political and Constitutional development of Pakistan especially the role of courts in validation of the different coups imposed by military dictators. This article deals with the recent constitutional amendments and judgments delivered by superior courts and to look how far the judiciary can go to stop further military intervention in the political affairs of Pakistan?
- Topic:
- Conflict Resolution, Democratization, Development, Politics, Military Affairs, and Constitution
- Political Geography:
- Pakistan, South Asia, and Punjab
18. Mapping Dilutions in a Central Law
- Author:
- Kanchi Kohli and Debayan Gupta
- Publication Date:
- 09-2017
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
- Topic:
- Security, Constitution, Land Law, and Legislation
- Political Geography:
- South Asia, India, and Asia
19. Constitution, Citizenship and Governance
- Publication Date:
- 04-2017
- Content Type:
- Policy Brief
- Institution:
- Pak Institute for Peace Studies (PIPS)
- Abstract:
- This brief summarizes the findings of the fifth working group’s meeting on Counter-Violent Extremism (CVE). The meeting explored to what extent is extremism linked to the provision of constitutional rights and physical services provided by the state. Focus was made of how the concept of citizenship is absorbed by people, and how governance is carried out on the ground.
- Topic:
- Security, Terrorism, Governance, Violent Extremism, Constitution, Citizenship, and Countering Violent Extremism
- Political Geography:
- Pakistan and South Asia
20. Early Happiness Policy as a Government Mission of Bhutan: A Survey of the Bhutanese Unwritten Constitution from 1619 to 1729
- Author:
- Michael Givel and Laura Figueroa
- Publication Date:
- 09-2014
- Content Type:
- Journal Article
- Journal:
- Journal of Bhutan Studies
- Institution:
- Centre for Bhutan & GNH Studies (CBS)
- Abstract:
- Modern Gross National Happiness in Bhutan contains nine domains including: standard of living, good governance, time use and balance, community vitality, cultural diversity and resilience, ecosystem diversity and resilience, health of the population, education, and psychological wellbeing which address modern policy issues. The nine domains also balance material and spiritual concerns in a holistic manner. However, were the nine domains related to happiness policy before and after Bhutan became a nation? The unwritten constitution of early Bhutan, includes Nga Chudruma of 1619, the Tsa Yig Chenmo of 1629, the first Legal Code of 1652, and updated Legal Code of 1729. Happiness policy in early Bhutan promoted a view of a wise ruler providing governmental support so citizens may become enlightened due to Mahayana Buddhism. Happiness policy in Bhutan has evolved from an early Buddhist focus to a range of factors that maintain Mahayana Buddhist traditions balanced with modern societal requirements.
- Topic:
- History, Governance, Constitution, Buddhism, and Gross National Happiness (GNH)
- Political Geography:
- South Asia and Bhutan