Human rights and national security

As CJP said, we need, most of all, an increase in range of human rights in Pakistan rather than any reduction in this.


Editorial April 12, 2014
Chief Justice Tassaduq Hussain Jillani presiding over the full court reference on the eve of retirement Justice Khilji Arif Hussain. PHOTO: PID

In his address at the reference held for Justice Khilji Arif Hussain, who has reached superannuation, Chief Justice Tassaduq Hussain Jillani spoke with feeling about the human rights situation in the country, the lack of tolerance, the hatred that had made its way into society and the need to improve the situation for people everywhere. His words were apt ones, given the issues we currently face, and it is in many ways encouraging to know that the chief justice is so acutely aware of this.

Recent remarks and judgments delivered by the apex court have also reflected the same attitude — with suo-motu notice quickly taken of cases involving the abuse of women or threats to minority groups. This certainly helps secure their place in society to, at least, some degree, and dissuades the perpetration of other such crimes.

As the chief justice emphasised, the upholding of the Constitution was the key tool to upholding order in the country and protecting the rights of people. In this context, he also brought up the critical issue of laws, calling for the legislative process to go ahead, but for this to be designed with the intention of securing the safety of people.

The words are especially relevant in view of the controversy we have raging over the Pakistan Protection Ordinance, being widely protested by opposition parties, which are now putting up an effort to block it in the Senate. The law, which has already made its way through the National Assembly, permits security agencies to arrest persons on the basis of “credible information” but does not quite lay down how solid this information should be or how abuse can be prevented. The period of appeal, set for 15 days, is also being questioned with opponents of this controversial legislation arguing that it is too brief to allow families to approach the courts.

Such laws in so many ways add to the dismal state of human rights that we face. With thousands of people still missing in Balochistan, the concern is that the new law will only encourage others to be picked up, further adding to what is a dark picture in terms of rights. This is something that is a cause for much anxiety.

As the chief justice said, we need, most of all, an increase in the range of human rights in the country rather than any reduction in this. All wings of the state need to work together for this purpose so that the effort can be an effective one.

It is absolutely true that we need to battle militancy and terrorism. The government has put this forward as the justification for the PPO. But we must remember that taking away rights from people, even when this is officially done, sets a terrible precedent and adds to the general anarchy in the country. We cannot afford this.

What is most important is that our existing laws intended to protect people be upheld and applied in a forceful and effective manner. If this were to happen, many of the problems we currently face would vanish. Militancy cannot, for example, be tackled by setting up new laws. It needs a broader approach and this is also true of all other rights with awareness, education, an opportunity for people playing a part. The lack of this is the reason for our fearful security situation.

This is something the government needs to take careful measurement of. Chief Justice Jillani has pointed out some facts that are highly justified. As a man with much legal experience as well as an overall view of human life, as seen through the eyes of those who sit on benches with a constant stream of people passing before them, it would be sensible to pay attention to what he has said. This could go a long way in improving the security nightmare we currently face and setting up some means to improve the situation for the sake of everyone in the country.

Published in The Express Tribune, April 13th, 2014.

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