DISSERTATION ON HUMAN RIGHTS/ WOMEN’S RIGHTS WITH SPECIAL REFERENCE TO PAKISTAN.
A COMPARATIVE STUDY
Presented by:
Muhammad Tariq Ali
LLM Session 2007-08
Roll No. M-13337
Presented to:
Supervisor / Professor Barrister
Mr. Khurram Saleem Baig
Dean Faculty of Law
UNIVERSITY OF SOUTH ASIA
LAHORE, PAKISTAN
Dissertation on Human Rights / Women’s Rights with Special Reference to Pakistan.
SYNOPSIS
Chapter # / Subject / Page1. / Introduction to Human Rights / 1-17
2. / UNO Declaration for Human Rights / 18-23
3. / UNO Women’s Rights Declaration / 24-38
4. / Women’s Rights Study with Special Reference to Pakistan / 39-60
5. / Women’s Right Violation in Pakistan / 61-96
6. /
Protection of Women (Criminal Laws Amendment) Act, 2006
/ 97-1147. / Recommendations / 115-117
8. / Conclusion / 118-123
9. / Leading Cases / 124-127
10. / Bibliography / 128-129
CERTIFICATE
Certified that LLM dissertation on the topic “Human Rights/Women’s Rights with Special Reference to Pakistan” (A Comparative Study) by Mr. Muhammad Tariq, LLM Session 2007-08 Roll No, M-13337 has been approved.
Prof. Barrister
Khurram Saleem Baig
Dean Faculty of Law
University of South Asia, Lahore
DEDICATION
To My Mother
Mrs. Zohra Jabeen a great symbol of love and affection. She is so courageous and motivator for me all the times so kind and humble. I gain knowledge and wisdom of life from her.
AND
My Father
Ch. Akbar Ali (Late) who was the most kind and humble that teaches me a lesson of greatness. His prayer always helps me in every field of my life.
ACKNOWLEDGEMENTS
The writing of this thesis is an Adventure and Pleasure for me as a student of law. This research work give me a lot of opportunity to extent my wisdom and knowledge on comparative studies.
In this adventure I have learnt a lot from some outstanding people. Barrister Khurram Saleem Baig has instructed me and also being my supervisor gave me valuable advices which lead me to complete my task.
I am really grateful to my teachers at department of law of University of South Asia.
In this era the whole world has become a global village. United Nations especially worked for the protection of Human Rights and Feminists are working for the protection of Women Rights. For this purpose the media is working a lot. So, I decided to meet the task and work upon the comparative study of Women Rights with special reference to Pakistan.
As Islam has protected the rights of women no other society and religion can.
The classical Islamic literature already has a firm ground to justify Human Rights for every Human being, regardless of his Colour, Race, Caste, Religion, Sex, Language, Culture and Class.
Finally the rights as preserved by the Islam are concrete for the development of society for peaceful family life and to civilize the culture. It is need of the time to follow and implement the real sense of these rights for the peace and prosperity of the society.
Thanks all the persons who helped me to complete this dissertation. Thanks Almighty Allah who is so kind and merciful.With the help of God given capabilities I am able to complete this thesis.
Ch M Tariq Ali Goheer
Advocate High Court
Chapter No.1
INTRODUCTION TO HUMAN RIGHTS
Origin, Evolution and Growth of Human Rights
Meaning of Human Rights
“Human rights” means the rights relating to life,liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in Pakistan.1
Concept of Human Rights old one
The concept of Human Rights, embodying the minimum rights of an individual verses his-own State, is as old as political philosophy.
Concept of Human Rights is as old as ancient doctrine of natural rights' founded on natural law, nonetheless, the expression of “Human Rights” is of recent origin, emerging after the end of the second world war.
History of Human Rights:
For centuries past, women all over the world have not only, been denied full justice, social, economic and political but as a "weaker sex" they have been used, abused, exploited and, then discarded to lead immoral, street vagrant and destitute life till their death. Although they constitute about half the total population and have contributed and sacrificed not less than men in the national freedom struggles atany point of time but they have been deprived of their due shares in various arenas of activities and have been' subjected to inhuman and humiliating wrongs from birth to death for no sin. The general though unfortunate impression has ever since, been that women are sub-human species, an object of contempt and ridicule, a commodity for barter, an expendable asset and a plaything for mere sexual enjoyment. The ancient Judo-Christian Society regarded women as ".a scorpion ever ready to sting", and pagan Arab saw in her the devil's whip. The Indian regarded women social evil to be burnt at pyre of her husband. Nowadays, However, women have broken their ill-social shackles and are ready to face the contemporary challenges without any help and hesitation and, consequently, March 8, is formally observed and celebrated in several countries, including India, as a mark of integrated achievements towards the equality of rights, status and dignity of women and their equal participation in economic, social and cultural development in contemporary world scenario.2
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1. SeeProtection of Human Rights Act, 1993, Section 2(d).
2. See. 1999 Criminal Law Journal (Journal Section) at p. 17.
Women constitute about one-half of the global population, but they are placed at various disadvantageous positions due to gender difference and bias. They have been the victims of violence and exploitation by the male dominated society all over the world. Ours is at tradition-bound society where women have been socially, economically, physically, psychologically and sexually exploited from time immemorial, sometimes in the name of religion, sometimes on the pretext of writings, in the scriptures and sometimes by the social sanctions. The concept of equality between male and female was almost unknown to us before the enactment of the Constitution of Pakistan.
Of course, the Preamble of the Constitution, which is, the supreme law of the land, seeks to secure to its citizens including women folk, justice-social, economic' and political, liberty of thought, expression, belief, faith and worship, equality of status and opportunity, and promote fraternity assuring the dignity of the individual.1 History is a mute witness to the most inhuman suffering that man has inflicted on man.2
A man's right to his liberty is the most sacred right for him and therefore, it should not be restrained without the sanction of law. A fruitful and meaningful life presupposes full of dignity, honour, health and welfare, in the modern philosophy. The treatment of human being which offends human dignity, imposes avoidable torture and reduces the man to the level of beast' would certainly be arbitrary and is impossible as a code of human conduct in all religions.3
Justice P.N. Bhagvati, Supreme Court of India in the "Seminar on Human Rights" organised by I.L.A. Allahabad submitted in his inaugural address that protection of rights of man was deeply inserted in the Babylonian Laws,, Assyrian Laws, Hittiti Laws and Dharm of Vedic Time in India. Description of protection right was widely and wisely discussed by Plato, Greek and Roman Philosophers. Their discussion were based on religious foundation. Right to Vote, Right to Trade, Right of access to justice to their citizen etc., were given by City of State of Greece.
King John of England granted Magna Carta to the English baron on June 15, 1215 that their privileges will not be encroached and hammered. The Importance of Magna Carta’s resulted into confirmation by Parliament in the year 1216-17 during the period of John's Son, Henry III, the confirmation was done in the year 1297 and was modified by Edward I. Parliamentary superiority was formed in 1689 by the petition of Rights and Bill of Rights over the Crown and rule of law in England were controlled by documentary authority. Declarations and constitutional branches' of many States are supported by the expression “fundamental right”.
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1. See 1999 Cri LJ (Journal Section) at p. 1.
2. See 1999 (1) ALT (Journal Section) at 11.
3. See 1999 (1) ALT (Journal Section) at 11.
The declaration of Independence of Thirteen United States of America in 1776. The Virginia Bill of Rights, 1776, the Constitution of the United States of 1787 with amendments in 1789, 1865, 1869 and 1919 incorporated with right of man. In 1789 the French declaration of the Rights of Man of 1789 enlighten other country and accelerated to add provisions in their laws for the Protection of Human Rights.
It was the golden rays of sun enlightening the world of Nineteenth Century to human being to know about Human Right they possess. Worth of human personality began to be realized.
The resultant of Human Right Movement was experienced by human being after the World War II. During the war whole humanitism was shocked due to heinous crimes
What are Human Rights?
Every human being is entitled to certain “Natural Rights” by virtue of his being a member of human society. These rights are called “Human Rights”.
Human rights are those minimal rights which every individual must have against the State or other public authority by virtue of his being a `member of human family, irrespective of any other consideration.
When Human Rights are guaranteed by a written Constitution they are called Fundamental Rights' because a written constitution is the fundamental law of a State.
Human Rights are not created by any legislation. They assume the position of natural rights as rightly defined by the United Nations in Human Rights Questions and Answers 1987.
Human Rights are those rights which are inherent in nature and without which we cannot live as human beings. Human rights and fundamental freedoms allow us to fully develop, our intelligence, our dealings and our conceive and to satisfy our spiritual and other things.
Fundamental rights are the name for what have been traditionally known as Natural Rights.
The first documentary use of the expression Human Rights
The first documentary useof the expression `Human Rights' is to be found is the charter of United Nations, which was adopted (after the Second World War) at San Francisco on June 25,1945 and ratified by a majority of its signatories in October that year.The preamble of the charter declared its object “to reaffirm faith in fundamental Human Rights”
Whether Universal Declaration of Human Rights, 1948 is a binding instrument?
No. U.N. Charter is not a binding instrument. The first concrete step of formulating the various human rights was taken by the U.N. General Assembly by adopting the Universal Declaration of Human Rights in 1948.
After all, the Universal Declaration operated merely as a statement of ideals, which was not of the nature of a legally binding covenant and had no machinery for its enforcement.
Whether these deficiencies were rectified?
Yes. To rectify these deficiencies, two covenants were adopted by the U.N. General Assembly in December, 1966 for the observance of human rights;
- The Covenant on Civil and Political Rights
- The Covenant on Economic, Social and Cultural Rights.
While the former formulated legally enforceable rights of the individual, the later was addressed to the States to implement them by legislation.
Meaning of International Covenants
“International Covenants” means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966.1
When these covenants came in to force?
These two covenants came in to force in December, 1976, after the requisite number of member States (35) ratified them. Many other States have ratified the covenants subsequently, numbering 69 at the end of 1981.
Are these covenants binding?
These covenants are, legally binding on the ratifying States. Though the covenant itself is not part of the domestic law of the ratifying State, the rights embodied in the relevant legislation are ensured and enforceable through the domestic courts.committed against the humanity and human rights was perished. The History witnessed silently tyranny and complete lawlessness of Nazi leaders of Germany. Human values and dignities and morality were barbarously negated.
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1. See. Protection of. Human Rights Act, 1993, Section 2(f)
Rights to the people became the need of hour to be established for international peace and security. President Franklin D. Roosevelt on January 6, 1941 reflected in the Proclamation of Four Freedom and mentioned as (1) Freedom of Speech, (2) Freedom of religion, (3)Freedom from want, (4) Freedom from Fear.Declaration of President carries weight he said “Freedom means the Supremacy of Human Rights every where our support goes to those who struggle to gain those rights or keep them”.
Human Rights in Islam
Islam is a religion of Justice, Equity and Peace. Hazrat Mohammad (PBUH) disliked arrogance and pride. He said that an Arab was not superior to non-Arab or a white to black. He believed that all were the sons of Adam. No one was superior to another on the basis of caste, colour or creed. For him, the standard of superiority was piety. He united the scattered tribes and nations who felt pride in serving the humanity. Brotherhood became the way of their life1.
Before the advent of Islam women were treated in very inhuman manner. Most of the girls was burned or buried alive in their childhood. Islam emphasized the equality of rights of men and women. Hazrat Mohammad (PBUH) gave women the right of inheritance in property and wealth.
Before Islam the Arabs used force to settle their disputes. Hazrat Mohammad (PBUH) introduced judicial procedure to check crudity and injustice. Judges were appointed to settle individual or party matters. In short laws were made for the promotion of an ideal family and social set up. For the first time in history the savage Arabs were introduced the rule of politeness and civilized manners.
It were these reforms, which brought an Islamic revolution in the life of the Arabs. These reformers laid the foundation of a new nation and a new Islamic society, which was tolerant in spirit and humane by heart.
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1. The last message of the Holy Prophet (PBUH)
Equality in Spiritual Rights under Shari’ah Law
The first primary source of the Sharia’s law Qur’an provided clear out evidence the women is completely equal with men in the sight of God in terms of her rights and responsibilities and women have the same human spiritual nature.
The Quran states,’ O mankind! Reverence your Guardian – Lord, Who created you from the single person (nafsin-waahidah), created, of like nature, his mate, and from them two scattered (like seeds) countless man and women-reverence Allah through whom you demand your mutual (rights), and reverences the wombs(that bore you): for Allah ever watches over you....,1 Both men and women alike are recipients of the ‘divine breath,’ because they are created with the same human spiritual nature. Indeed, as the Qur’an states, Allah originated them both from a single person or ‘one soul’ (nafsin-waahidah). All has invested both genders with inherent dignity and has made men and wome, collectively, the trustees of Allah on earth. According to Qur’an woman is not blamed for Adam’s mistake for eating from the forbidden tree. On the contrary the Qur’an describes Adam and Eve as equally responsible for their sin in the garden, never singling out Eve for blame. In one verse in fact Adam especially was blamed.2 Men and women have the same religious duties and responsibilities. Each human being shall face the consequences of his or her deeds. The Qur’an states that,’ every soul will be (held) in pledge for its deeds.3
Standard for Superiority
The primary source of Shari’ah law, the Qur’an and the Sunnah are quite clear about the issue of claimed superiority or inferiority of any human male or female. The superiority of human according to Qur’anic verse is, “O mankind! We created you from a single (pair) of a male and female, and made you into nations and tribes, that you may know each other. Verily the most honored of you in the sight of Allah is (one who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things)4
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- The Holy Qur’an, 4:1
- The Holy Qur’an, at 20:121
- ibid, at 74:38; 4:124; 16:97
- ibid, at 49:13
There are very important few observations about this verse, which may be helpful in tracing the foundation spiritual and human equality before Allah. It begins by addressing not only Muslims but also the whole of mankind (inas), irrespective of their gender and their national or religious backgrounds. As such, it is a universal declaration to all human beings. It states that there is only one Creator of all humanity. As such there is no room for arguments of superiority based on one are having been created by a superior or chosen people. Nor is there any basis for a caste system based on some having been created in a way, which is different from others or is superior such as Jews and Brahman in Hinduism1. As Prophet Muhammad explained, “you all belong to Adam, and Adam was created from dust’’ In the process of human reproduction there is no superiority or inferiority, kings and paupers, males and females are created from what the Qur’an describes as ‘despised fluid.’ The verse states that all human beings are created, in the Arabic words [min thakarin wa-untha] which can be translated literally as male and female. Each component of the pair is as necessary and as important as the other and hence is equal to him or her. The wording of this verse has been commonly translated as ‘from a (single pair of) male and a female,’ referring to Adam and Eve. This serves as a reminder to all mankind that they belong to the same family, with one common set of parents. Variations in gender, languages and ethnic backgrounds, and by implication, religious claims, do not provide any basis for superiority or inferiority. The final thing, which mentioned in this verse, is the most significant and relevant to the topic at hand is the clear categorical statement that the most honored person in the sight of Allah is the one who is most pious and righteous. This prevents any other basis for superiority including gender.