People are often advised to dream big, and that is exactly what the Sindh Assembly did when it passed an unprecedented number of bills into law during the calendar year of 2021. However, the fruits of this unsurpassed level of legislative activity remain a pipe dream for the people of the province as they are yet to receive any benefits.
According to the official record, the provincial assembly, from January to December, 2021, passed an impressive 29 bills. A standout example is that female farmers were given representation in water management for the first time in Sindh’s history.
The Sindh Water Management (Amendment) Bill was passed in the assembly in January 2021, almost a year ago. It enabled women to take part in the management of irrigation water, removal of drainage and flood management. As matters stand, though, the law is yet to be implemented in letter and spirit.
The Child Protection Authority Act was amended for a third time in the assembly on April 23, giving the chief minister powers to appoint any member of the protection authority as its chairperson. This went against the past practice of having it run by the social welfare department minister.
As trends of kidnapping, killings, sexual assault and other kind of abuses continue to rise, the authority has failed to establish child protection units on the district level. “The social welfare department officials are working on an adhoc basis and dealing with children cases in a few areas. The government is yet to set up the number of units mentioned in the law,” Kashif Bajeer, a child rights activist told The Express Tribune.
Given the pendency of a large number of cases that continue to pile up for years, the assembly passed a law to establish special courts for child protection in April 2021.
The preamble of the law states that “For the purpose of speedy justice, the government shall, in consultation with High Court of Sindh, notify the special court in each district for child protection. The existing court of civil judge, assistant session judge [is] to be nominated for this purpose. The courts, on taking cognizance of any case, shall proceed with the trial from day-to-day, deciding the case within 120 days.”
According to officials privy to the development, the law is still confined to paper and not a single court has been selected for this purpose.
The fate of another law that made headlines throughout the country also hangs in balance. The Sindh Protection of Journalists and Other Media Practitioners Act was passed unanimously in June. The law ensures that journalists and other members of the media can practice independently, impartially and without any fear of their safety or their right to freedom of expression. Again, though, the rules are yet to be finalised.
“Every other day, we hear reports of journalists being intimidated, threatened, beaten, abducted, harassed and [even] killed. We appreciate the provincial government for creating such an extraordinary law with consultation of media workers, but delaying tactics on the implementation side has worried us,” says Mazhar Abbas, a senior journalist.
Read More: Sindh Assembly struggles to pass legislations
Similarly, the law to control narcotics was passed to enable stricter punishment, ranging from minor to the death penalty, but this business flourishes in every nook and cranny of the province. “There will be prohibition on manufacturing, selling, processing, extracting, preparation, purchasing, or delivery of psychotropic substances, controlled substances or narcotic drugs. Whoever contravenes the provisions of different sections of this law shall be punished with imprisonment which may extend to three years, but not less than six months. There will be death or imprisonment and a [monetary] fine which may be up to Rs1 million, if the quantity of narcotic drug or psychotropic substance exceeds the limit specified in the law,” the bill, passed by the assembly almost a year ago, says.
Among other laws passed in 2021, which are now catching dust due to lack of implementation, include the Sindh Reproductive Healthcare Rights Act to promote reproductive rights in the province, the Sindh Prisons and Corrections Services Act to bring reforms in the management, control and security of prisons and correctional facilities as well as custody and welfare of prisoners , the Sindh Institute of Music and Performing Arts Act 2021, the Sindh Employees Social Security (Amendment) Act, 2021 and the Sindh Seized and Freezed facilities (hospitals and dispensaries) act etc.
Human rights activist Iqbal Detho stresses that the lack of implementation defeats the actual purpose and efforts put into any law. “I have been part of the consultation process on various bills. It really surprises me when dozens of laws, created to be implemented, are stored inside cupboards,” he says.
The rights activist adds that those bills, which are in the best interests of the government and other lawmakers, are taken into account without any delay. “Almost every year, the bill about salaries, perks and privileges of MPAs is passed and implemented instantly, but many laws passed, some even a decade ago, are in limbo,” he continues.
Detho urges the government to give priority to public interest legislation over its own gains.
Sindh Minister for Parliamentary Affairs, Excise and Taxation Mukesh Kumar Chawla, in contrast to the claims of several key stakeholders, claims that his is the only province in Pakistan which has enacted the most laws and implemented the same.
“We realise that there are some issues over the implementation of bills due to multiple reasons, but, with the passage of time, all things will be sorted out,” he said. The minister concludes that it is the assembly’s responsibility to make the law and the government has to implement it. “We are on it,” he assures.
However, as another year passes, Sindh’s masses lie in wait for their basic rights to health, education, infrastructure and sanitation. Only after this, can they hope realise the dream of prosperity, opportunity and happiness.
Published in The Express Tribune, December 30th, 2021.
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