Breaking the Silence: The Fight for Life and Liberty in Pakistan

According to Robert C. Maynard, “Human rights rest on human dignity. The dignity of man is an ideal worth fighting for and worth dying for."

Knowing your rights is crucial for every citizen to ensure a fair and just society. The 1973 Constitution of Pakistan guarantees fundamental rights to all its citizens, aimed at promoting equality, freedom, and justice. Understanding these rights not only empowers individuals but also fosters a culture of respect and accountability. This article will delve into the right to life and liberty (Article 9) under the 1973 Constitution, highlighting the challenges in its implementation and suggesting a way forward.

Article 9 of the 1973 Constitution ensures that no person shall be deprived of life or liberty except in accordance with the law. This fundamental right is the cornerstone of all other rights, ensuring the protection and dignity of every citizen.

Despite the constitutional guarantee, the right to life and liberty faces significant challenges in Pakistan. Arbitrary detentions and extrajudicial killings remain pressing concerns. For instance, the case of Naqeebullah Mehsud, a young man killed in a staged police encounter in 2018, drew national and international condemnation. Such incidents highlight the gap between constitutional provisions and their enforcement.

Freedom from arbitrary detention is another critical aspect of this right. However, reports from organizations like Human Rights Watch and Amnesty International indicate that enforced disappearances are a persistent issue in Pakistan, particularly in Balochistan and Khyber Pakhtunkhwa. Families of the disappeared face immense hardship, often without any recourse to justice.

One poignant example is the case of the Pashtun Tahafuz Movement (PTM), which has brought attention to the extrajudicial killings and enforced disappearances of Pashtun people. The movement has faced severe repression, with its leaders being arbitrarily detained and protests being violently dispersed. This situation underscores the urgent need for reform and accountability within the law enforcement agencies.

Furthermore, the plight of missing persons in Pakistan, such as the case of Idris Khattak, a human rights defender who was forcibly disappeared and later charged under the Official Secrets Act, reflects the misuse of legal provisions to curb dissent and intimidate activists.

To improve the human rights situation, especially concerning the right to life and liberty, several bold steps need to be taken by the government and individuals. Strengthening institutions by enhancing the capacity, transparency, and accountability of judicial and law enforcement bodies is mandatory. Media, including social media, can play a vital role by spreading public awareness campaigns about constitutional rights, empowering citizens to demand their rights and hold authorities accountable.

Educational systems should include comprehensive human rights education, making the constitution a compulsory part of the curriculum. Effective mechanisms must be established to ensure that constitutional rights are actively protected and enforced, including setting up independent human rights commissions and watchdog organizations.

Special measures should be taken to protect vulnerable groups, such as women, children, and religious minorities, through legislation addressing gender-based violence and discrimination and ensuring equal access to justice for all citizens. Technology can play a crucial role in monitoring human rights abuses and promoting transparency, with e-governance platforms making it easier for citizens to report violations and access information.

Knowing your rights as a citizen of Pakistan is the first step towards ensuring justice and equality in society. The 1973 Constitution provides a robust framework for protecting these rights, but effective implementation remains a challenge. By strengthening institutions, promoting awareness, ensuring enforcement, and protecting vulnerable groups, Pakistan can make significant strides in improving its human rights record and enhance the confidence of the people in their institutions, such as parliament and judiciary.

Remember, technology cannot replace a teacher, but a teacher with technology can replace a teacher without technology. Similarly, laws alone cannot protect rights, but an informed and proactive citizenry can ensure that these rights are upheld and respected. 

As John F. Kennedy aptly stated, 

"The rights of every man are diminished when the rights of one man are threatened."