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1. Freedom of Expression and Justiciability in Pakistan

Author:
H.S. Sharif and Jafar Riaz Kataria
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
Topic:
Human Rights, Governance, Culture, Freedom of Expression, and Rule of Law
Political Geography:
Pakistan, South Asia, and Punjab

2. Regulating Civil Society in Pakistan

Author:
Tahira Jabeen
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Since the introduction of the Policy for Regulation of INGOs in Pakistan, 2015 and the draft Regulation of Foreign Contribution Act 2013-15 (RFCA),the state-civil society relationship in Pakistan has been once again in jeopardy. This paper examines the issue of regulating civil society organizations in Pakistan, considering the unique composition of Pakistani civil society, its role, and the existing legal framework while drawing on examples from the region. Based on the analysis, it is recommended that due to the importance of associational life in the development and democratization of Pakistan, civic organizations should be regulated in the light of the constitutional provisions, which consider rights to association as basic human rights.
Topic:
Civil Society, Human Rights, Non-Governmental Organization, Regulation, and State
Political Geography:
Pakistan, South Asia, and Punjab

3. Diagnosing the First Democratic Regime in Afghanistan: Human Rights Perspective

Author:
Satnam Singh Deol and Amandeep Kaur Sandhu
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
Topic:
Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, and Violence
Political Geography:
Pakistan, Afghanistan, South Asia, Central Asia, and Punjab

4. Kashmir and Global Powers

Author:
Amjad Abbas Khan, Sardar Sajid Mehmood, and Mehboob Alam
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Kashmir is generally visualized by the global powers with Indian and Pakistani perspective rather than a humanitarian issue. No doubt it is a bone of contention between two countries but cannot be declared as a simple bilateral conflict because of multi-dimensional nature. Kashmiri people have been struggling for their birth right, the right of self-determination since 1948, in the light of UN Security Council‟s resolutions. This paper highlights responsibilities and the role played by global powers in the resolution of longstanding issue of Asian Sub-continent according to the UN Security Council resolutions for peace and prosperity of the region.
Topic:
Human Rights, United Nations, Bilateral Relations, Territorial Disputes, Self Determination, and Conflict
Political Geography:
Pakistan, South Asia, India, Kashmir, and Punjab

5. Governing Abuse of Free Speech during Elections in Pakistan

Author:
Aman Ullah Malik
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
Topic:
Human Rights, Elections, Freedom of Expression, Legislation, and Hate Speech
Political Geography:
Pakistan, South Asia, and Punjab

6. Compatibility between Islam and Democracy

Author:
Khalid Manzoor Butt and Naeema Siddiqui
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The word 'Islamic Republic' is debatable among scholars as what meaning and role the word 'Islam' adds to the republic is still not agreed upon. Therefore, there is a need for resolving this ambiguity by explicitly defining and explaining the meaning and role of Islam in an Islamic Republic. Pakistan, too, is an Islamic Republic, which got the name 'Islamic Republic of Pakistan' for the first time in the constitution of 1956. This study intends to comprehend the mentioned issue by highlighting the similarities and differences between democracy and Islamic system of governance. In this qualitative study, iterative analysis of semi-structured interviews of ten doctorate scholars is carried out. The study comes across primary contradictions between the two systems and gives a way out for a system having characteristics of both Islam and democracy.
Topic:
Human Rights, Islam, Religion, History, Governance, Democracy, and State
Political Geography:
Pakistan, South Asia, and Punjab

7. State of Human Rights in India: A Case Study of Muslim Minority Oppression

Author:
Abdul Majid
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
India adopted a democratic parliamentary constitution in January 1950. This constitution enumerates all fundamental civil and political rights irrespective of religion, caste, language or region. However, in practice these rights are denied to religious minorities and low caste and out caste Hindus called Dalits. The Muslims being the largest religious minority have faced more discrimination than any other minority. Their religious cultural identity has been under pressure and they are underrepresented in the parliament or state assembly. The rise of Hindu revivalist movements under the BJP has made the Muslims more vulnerable to Hindu extremism and intolerance. Pakistan has raised the issue of India’s atrocities in Kashmiri at the international level. It supports the Kashmiri struggle for political and civil rights and their right to decide on their own about their political future. The UN and the international community must restrain India from resorting to “state terrorism in Kashmir”.
Topic:
Human Rights, Religion, United Nations, Territorial Disputes, and Self Determination
Political Geography:
Pakistan, South Asia, India, Punjab, and Jammu and Kashmir

8. Position of Women in Iran: An Analysis of Pre and Post Islamic Revolution 1979

Author:
Sadia Rafique and Khalid Manzoor Butt
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Socio, economic and political involvement of women as half of the total populace is important to reinforce society and state. In every sphere of life, women have been found under-represented one way or the other. The women of Iran are not exempted from this. This paper evaluates women‟s position in two different periods in the history of Iran, i.e., during the rule of the Pahlavi Dynasty, and during the period of the post Islamic Republic. The objective of the paper is, first, to highlight the treatment meted out to women in Iran and shed light on various spheres of social life while comparing the two periods. Secondly, to examine factors that have affected the position of women in Iran
Topic:
Gender Issues, Human Rights, Islam, History, Governance, Women, and Inequality
Political Geography:
Iran, Middle East, and Asia

9. Human (In)Security in South Asia

Author:
Farhan Navid Yousaf
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
South Asia hosts almost a quarter of the world‟s population. Despite achieving consistent economic growth, the region is marked by dense poverty and human deprivation. In this article, I discuss the issue of human security and argue that governments of the region need to focus on burgeoning nontraditional security threats to promote well-being of the people and improve the quality of their lives by investing resources in human development and implementing the constitutional provisions needed to protect fundamental human rights and dignity. In order to address political-economic-social-cultural disparities and achieve prosperity, the onus is far more on the countries themselves to prioritize the human security agenda through mutual collaboration.
Topic:
Security, Human Rights, Poverty, Regional Cooperation, Inequality, and Economy
Political Geography:
Pakistan, South Asia, and Punjab

10. KASHMIR: A Conflict between India and Pakistan

Author:
Abdul Majid and Mahboob Hussain
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Kashmir is the oldest and the most serious dispute between Pakistan and India. Various efforts at the bilateral and multilateral levels could not resolve this problem. The two countries have fought hot and cold wars which undermined their bilateral relations. India’s efforts to strengthen its control of Kashmir by use of force have always been questioned by Pakistan that supports Kashmiri demand for right self determination under the UN Resolution of 1948-49. This paper analysis the origins of the Kashmir dispute, its influence on Indo-Pakistan relations, and the prospects for its resolution.
Topic:
Security, Human Rights, United Nations, and Territorial Disputes
Political Geography:
Pakistan, South Asia, India, and Kashmir