Know your rights: Rights of neighbours
Since people approach political activists to resolve a neighbourhood crisis, the law has become outdated.
Since people approach political activists to resolve a neighbourhood crisis, the law has become outdated. PHOTO: FILE
KARACHI:
Living in a large metropolis, it is very easy to ignore the rights of residents in various situations. The Express Tribune digs deep into the rights our Constitution grants to neighbours and the laws that help protect us in different circumstances.
As a neighbour in the city, one has the right to get natural air, sunlight and water without any disruption. Other rights include privacy within the four walls of your house, no noise, air or visual pollution, the freedom of movement, the right of way, etc.
Laws
Civic bodies and agencies are bound to protect these rights under the laws, governed by different articles of the Constitution of 1973 relating to fundamental rights. Over the decades, various laws have been enacted that include the Pakistan Penal Code, the Code of Criminal Procedure, the Loud Speaker Act, the Easement Act, the Town and Building Control Regulations and the Local Governments Act that protect the rights of neighbours.
These laws are also covered under Islamic jurisprudence, since there are various verses in the Holy Quran as well as Hadiths relating to the rights of neighbours.
Examples
So a neighbour in any part of the city can seek to redress their grievances that may arise due to the commission or omission by a person who lives next door. One such example is a decision given by the Sindh High Court (SHC) in 2009 in a constitutional petition filed by residents of the Defence Housing Authority against the owner of a neighbouring restaurant for playing music loudly.
The judges held that playing loudspeakers and sound amplifiers without prior permission from the competent authorities is a cognisable offence under Section 5 of West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance, 1965. The local administration was ordered to ensure a ban.
In another case, the SHC judges had barred the authorities from constructing a memorial at a private person’s land in remembrance of the victims of the twin blasts in Karachi that had targeted the homecoming convoy of former prime minister Benazir Bhutto on October 18, 2007.
Lack of knowledge
Despite the presence of these laws, a majority of the people are ignorant about their rights. This means violations occur regularly when public roads and streets are closed for wedding functions, high-rise buildings are constructed in the middle of residential areas, and mandatory open spaces in buildings are covered, depriving residents of their right to air and sunlight.
Another reason why rights of neighbours are blatantly violated is due to corruption in the offices of regulatory bodies and delays in the justice system. By the time a litigant wins a case, the illegal constructions are already finished.
According to rough estimates, there are a large number of such cases pending adjudication in the subordinate judiciary across the province, including a large number in Karachi.
Parallel system
Given that civic regulatory bodies do little to correct things, where do millions of residents go to redress their problems? There exists a parallel system - the unit and sector offices of political groups, jirgas and panchayats - that tackles these problems in exchange for political loyalty.
According to a lawyer, bad governance and a slow judicial system has provided room for such parallel systems to replace them. Since people approach political activists or feudal landlords to resolve a neighbourhood crisis, the law has become outdated and has been unable to develop into a comprehensive one that deals with the problems of the present times.
The law of Torts that provides for punishment to the offender of citizens’ right in the shape of compensation could not be developed any further over the decades, said one lawyer. Similar is the case of the Easement Act, 1882.
Published in The Express Tribune, May 21st, 2014.
Living in a large metropolis, it is very easy to ignore the rights of residents in various situations. The Express Tribune digs deep into the rights our Constitution grants to neighbours and the laws that help protect us in different circumstances.
As a neighbour in the city, one has the right to get natural air, sunlight and water without any disruption. Other rights include privacy within the four walls of your house, no noise, air or visual pollution, the freedom of movement, the right of way, etc.
Laws
Civic bodies and agencies are bound to protect these rights under the laws, governed by different articles of the Constitution of 1973 relating to fundamental rights. Over the decades, various laws have been enacted that include the Pakistan Penal Code, the Code of Criminal Procedure, the Loud Speaker Act, the Easement Act, the Town and Building Control Regulations and the Local Governments Act that protect the rights of neighbours.
These laws are also covered under Islamic jurisprudence, since there are various verses in the Holy Quran as well as Hadiths relating to the rights of neighbours.
Examples
So a neighbour in any part of the city can seek to redress their grievances that may arise due to the commission or omission by a person who lives next door. One such example is a decision given by the Sindh High Court (SHC) in 2009 in a constitutional petition filed by residents of the Defence Housing Authority against the owner of a neighbouring restaurant for playing music loudly.
The judges held that playing loudspeakers and sound amplifiers without prior permission from the competent authorities is a cognisable offence under Section 5 of West Pakistan Regulation and Control of Loud Speakers and Sound Amplifiers Ordinance, 1965. The local administration was ordered to ensure a ban.
In another case, the SHC judges had barred the authorities from constructing a memorial at a private person’s land in remembrance of the victims of the twin blasts in Karachi that had targeted the homecoming convoy of former prime minister Benazir Bhutto on October 18, 2007.
Lack of knowledge
Despite the presence of these laws, a majority of the people are ignorant about their rights. This means violations occur regularly when public roads and streets are closed for wedding functions, high-rise buildings are constructed in the middle of residential areas, and mandatory open spaces in buildings are covered, depriving residents of their right to air and sunlight.
Another reason why rights of neighbours are blatantly violated is due to corruption in the offices of regulatory bodies and delays in the justice system. By the time a litigant wins a case, the illegal constructions are already finished.
According to rough estimates, there are a large number of such cases pending adjudication in the subordinate judiciary across the province, including a large number in Karachi.
Parallel system
Given that civic regulatory bodies do little to correct things, where do millions of residents go to redress their problems? There exists a parallel system - the unit and sector offices of political groups, jirgas and panchayats - that tackles these problems in exchange for political loyalty.
According to a lawyer, bad governance and a slow judicial system has provided room for such parallel systems to replace them. Since people approach political activists or feudal landlords to resolve a neighbourhood crisis, the law has become outdated and has been unable to develop into a comprehensive one that deals with the problems of the present times.
The law of Torts that provides for punishment to the offender of citizens’ right in the shape of compensation could not be developed any further over the decades, said one lawyer. Similar is the case of the Easement Act, 1882.
Published in The Express Tribune, May 21st, 2014.