Stories about constitution

The broken and tormented Kinzas and Tayyabas of Pakistan, waiting for a train that never comes

If you live in Pakistan, you must have frequently come across a very young child accompanying an elite family, looking like they don’t belong. What differentiates the child from the ‘elite’ family is the fact that while they dress modestly enough to not look poor and become a source of embarrassment for the family, they are also not dressed extravagantly, so there remains a marked difference highlighting who is the master and who is the servant.  This has become a trend in Pakistan, where you see children accompanying adult individuals and carrying either their bags or their babies for them. Apparently, this shows their ...

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Jibran Nasir 1 – 0 Religious intolerance

Over the course of last two weeks, Mohammad Jibran Nasir, an independent politician, has faced a thorough degree of inquiry regarding his beliefs about Ahmadis in Pakistan, and the legitimacy of them calling themselves “Muslim”. For his refusal to curse them – a condition set by a corner meeting attendee at the promise of a vote – he has been accused, publicly, of being a blasphemer. Being an army brat, I am largely reluctant to voice my opinion on matters that are rather political. Our conditioning, generally, is such that we maintain consistency in following disciplined lines of action – ...

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I run a private school in Islamabad, and here’s the truth behind summer school fees

Those who are all daggers against private schools and are celebrating the Islamabad High Court’s decision to stop private schools from charging a summer fee, can stop reading because a private school owner is writing this blog. But then again, it might be worthwhile for you to hear the other side’s perspective too. I find myself to be a very small player in the private school industry. A newbie, who perhaps four years ago might have been bashing private schools from the other side too. Today, I am here not to make a case for myself but for the Citys, Roots, ...

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In a country of abysmal women rights, will the Transgender Protection Act prove to be fruitful?

Last week, the National Assembly (NA) enacted a law to protect the rights of the transgender community. Called the Transgender Persons (Protection of Rights) Act 2018, its main provisions validate transgender identity and expression and seek to provide transgender men and women the rights they had under the country’s Constitution but never enjoyed. The act spells these rights out explicitly so there remains no doubt of their full citizenship. The definition of “transgender persons” is thoughtfully crafted to include intersex, eunuch or a “transgender man or woman, khawaja sira or any person whose gender identity and/or gender expression differs from ...

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Is suo motu action the only way to get justice in a country like Pakistan?

The concept of justice is the bedrock of Islam and the Constitution of the Islamic Republic of Pakistan. In this regard, the recent suo motu actions taken by the Chief Justice of Pakistan (CJP), Mian Saqib Nisar, should be greatly applauded for the simple reason that he stood up for justice. The power to take suo motu action stems from Article 184(3) of the Constitution regarding original jurisdiction of the Supreme Court which states as follows: “Without prejudice to the provisions of Article 199, the Supreme Court shall, if it considers that a question of public importance with reference to the enforcement of any of the Fundamental Rights ...

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Dear Muhammad Zubair, the credit for Karachi operation goes to General Raheel Sharif, not Nawaz Sharif

Sindh Governor Muhammad Zubair Umar recently amazed everyone by claiming (with a straight face), “The credit for Karachi’s operation goes 100 per cent to Prime Minister Nawaz Sharif”. Really, Mr Zubair? Do you know that the number of times Nawaz Sharif has visited Karachi during the past four years is much less than his visits to London and other foreign cities? In fact, during his present stint in power, he has been more concerned with the beautification of Lahore and the Panama leaks verdict during the past one year. We know, of course, that in the corporate world one has to be a boot ...

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Let us return to March 23, 1940, and start over, Pakistan

On March 23, 1940, the All-India Muslim League adopted a historic resolution in the city of Lahore. This resolution has since come to be known as the Pakistan Resolution as it became the forerunner to the formal demand for an independent nation state for the Muslims of India. The following is an extract that provides the essence of this resolution: “Resolved that it is the considered view of this session of the All-India Muslim League that no constitutional plan would be workable in this country or acceptable to Muslims unless it is designed on the following basic principle, namely, that geographically ...

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What standards of justice should military courts in Pakistan adhere to?

Pakistan has been fighting an existential war against terrorists who have killed and maimed our people through vile acts of violence. The failure of the state to bring to justice and prosecute these terrorists through routine legal procedure led to the passing of the 21st Amendment to the constitution. The 21st Amendment paved the way for military courts to try individuals who either claim to be or are known to be part of a terrorist organisation using the name of religion or sect. The 21st Amendment was upheld by the Supreme Court of Pakistan in a landmark judgment last year. It ...

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The transgender community doesn’t need Rs200 million, it needs a change in mind-set

The Khyber Pakhtunkhwa (K-P) government allocated Rs200 million for the transgender community while announcing their provincial budget. Thank you, your effort is much appreciated. But the main question is; will Rs200 million be the solution to the on-going problems they face? Is it going to remove the social stigma attached to them? How about passing a law against those individuals who treat transgender people with utmost scorn and brutality? Most importantly, how long will it take you to give them their due rights as equal citizens of Pakistan? Back in 2012, the Supreme Court of Pakistan issued a judgment stating transgender individuals ...

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Why triple talaq needs to be abolished

Following petitions by Muslim women in the Supreme Court, there has been an on-going debate about triple talaq (divorce) and the need for its abolition. The dominant views on the issue are either by the likes of the All India Muslim Personal Law Board or the Muslim women themselves. It signifies two extreme positions; continuation of status quo versus voices for reform and gender justice. This article is an attempt to put forward our position based on the lived realities of women as a Muslim womens’ organisation that strives for justice and equality. Triple talaq should be abolished because it is un-Quranic; goes against the spirit of the ...

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