This article is the first in a two part series which looks at pre-partition and post partition events that led up to Pakistan being declared an Islamic republic. Read part two here. ~ Saturday, 29 February 2020, will mark the 64th anniversary of the day when Pakistan was formally declared an Islamic republic. However, was Pakistan always destined to be a Muslim state? This was one of the critical questions faced by Pakistan’s founders and the subsequent leadership soon after the country’s independence in 1947. The question, however, was not new. Ever since the Muslim League’s Lahore Resolution of 1940 and Jinnah’s ...Read Full Post
On January 30, the Khyber-Pakhtunkhwa (K-P) Bar Council conditionally called off a 23 day long strike being held in protest against an amendment to the Civil Procedure Code 1908 along with the enactment of a provincial anti-narcotics law. The strike was called off after the government deferred the proposed amendment through the K-P Civil Law Amendment Ordinance, 2020 till April 15. This decision, albeit a welcome one for the lawyers, should be enough to cause alarm for those who hold the parliamentary process in high esteem. One such individual who is concerned at the government’s constant promulgation of ordinances is Member National Assembly (MNA) ...Read Full Post
They say an artist uses lies to tell the truth. Pakistani politicians, or may be politicians in general, use the truth to tell a lie. Prime Minister of Pakistan Imran Khan recently tweeted, questioning politicians on why they find being on the Exit Control List (ECL) so upsetting. He was responding to the critique over placing Pakistan Peoples Party (PPP) politicians’ names on the ECL. Why are some of our lawmakers so scared of the ECL? Why are they so keen to go abroad? There is so much work to be done by politicians in & for Pak – the land ...Read Full Post
The Constitution of Pakistan has, via Article 25A, made it mandatory for the government to provide free education to all citizens who cannot afford to go to school otherwise. However, implementation of this clause has never been enforced in letter or spirit, allowing the private sector to take advantage of the growing gap between private and public schools. Now, be it rich or poor, people from all strata of society are sending their children to private schools irrespective of the teaching standard of such schools. Operating a school has become one of the most profitable businesses in the country, and ...Read Full Post
With July fast approaching, election fever is at a peak. The selection of the interim prime minister is dominating the news cycle, rallies are being held regularly, and parties have begun advertising their policies. But the question remains: have the structural problems pertaining to electoral quality been addressed? They are wide and ever perpetuating; a lack of voter turnout, the gender parity in the turnout, non-coerced voting for women, representation in turnout from all areas of the federation, including the Federally Administered Tribal Areas (FATA), and the question of escaping the seduction of dynasty politics. Keeping this plethora of electoral issues ...Read Full Post
Shaadi (marriage) is perhaps the most cherished tradition in Pakistani culture, a gathering of levity and simultaneous importance and an event which many deem to be the most significant in their lives. For women in Pakistan, the latter is often the case since marriage bounds them to a contract that is deliberately created to disadvantage them. The institution of marriage has been weaponised by the male-dominated religious lobby in Pakistan to systematically disenfranchise women into a life that is decided by their significant other. The most integral part of this system is the nikkahnama (marriage certificate). For many married couples, the nikkahnama is at best an afterthought in the marriage festivities, ...Read Full Post
Was Nawaz Sharif dishonest by virtue of not declaring something he could not know he was supposed to declare?
On July 28th, a three member special bench of the Supreme Court announced their judgment. This judgment was followed by a final order of the five-member larger bench, in the infamous Panama Papers case. Nawaz Sharif, the recently ousted prime minister of Pakistan, was declared dishonest and was disqualified from being a member of the National Assembly under Article 62(1)f of the Constitution. The judgment was always politically controversial even before it was authored and announced. Unfortunately, it has also become a legal controversy at the centre of which lies the all mighty and all powerful Article 62(1)(f). The late General Ziaul Haq, in his attempted ...Read Full Post
Anti-honour killing and acid attacks bills: More laws to be buried in the graveyard of good intentions?
This past week, the Sindh Assembly passed two laws against honour killing and acid attacks. It is a commendable initiative and the first such act against honour killings in all four provinces and territories. The laws are adequately severe with stipulations such as no blood money is allowed to be granted, acid attacks are unbailable offences and suggesting that the capital offence may be given to those killing in the name of honour. Furthermore, they are reflective of a humanistic mind-set and the architects of it will have to do far more than merely draft it and push it through the red tape of senates and assemblies to receive accolades ...Read Full Post
A few days ago, a blog published on this website argued that the proposed 24th amendment by the government was the correct political and legal step in the current environment. Firstly, the author claimed that due to the exceptionally high stakes in the current Panama leaks proceedings, it is necessary that Prime Minister Nawaz Sharif is allowed a chance to appeal in the case of an unfavourable decision. Secondly, it was asserted that the 24th amendment, all political considerations aside, was a legal necessity to ensure that the requirements of justice and a fair trial were guaranteed. I respectfully disagree on both accounts. It is pertinent ...Read Full Post
My foot got stuck in the sewage, and closing my eyes I half prayed that it doesn’t consist of human waste. The groan from a friend watching from across the road, though, was enough to warrant a shudder from me. I had slipped and now was standing, ankle deep, in two days’ worth of rain water and human sewage. The terrifying part regarding this story is the repeated variation of this occurrence. My favourite part (yes, there was one) about these streets though, was covering our heads and making our way down the road to the rairiwala, the man who ...Read Full Post