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Begin New Search Topic Human Rights Political Geography South Asia Content Type Journal Article Publishing Institution Department of Political Science, University of the Punjab

1. National Security: An Exception of Freedom of Speech

Author:
Aman Ullah and Akram Badshah
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The real autonomy would not be possible if people were not capable to express their thoughts, compose their opinions, or linked with those who might discuss their feelings and thoughts. It is also an essential right in a free society to be liberally allowed to participate in the welfare of society. The equilibrium should be maintained by imposing realistic restrictions which may be levied under the law when the right to Freedom of Speech comes in clash with rights of other individuals which can help the democratic state to preserve the basic right of Freedom of Speech at an admissible level. The basic purpose of this article is to explore the scope and extent of “protection of national security” an exception of Freedom of Speech in the light of national and international instruments.
Topic:
Human Rights, National Security, Freedom of Expression, Free Speech, and Debates
Political Geography:
Pakistan and South Asia

2. Defamatory Statements in Recent Political Landscape and Freedom of Speech

Author:
Aman Ullah and Akram Badshah
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
It is an internationally recognized principle that the prerogative to speak freely is a preliminary human right of the utmost importance. It is a fundamental democratic principle which plays a key role in strengthening other human rights. Concurrently, it is widely accepted that this right is not absolute and the legislature may impose restrictions on it, according to law, for the welfare of the people. The unbridled license may not be given to any person for publishing defamatory material, either libel or slander, which defames the dignity and reputation of others on the plea of the prerogative to speak freely. The prerogative to speak freely must be proportionated against other fundamental rights and constitutional principles. The basic purpose of this article is to explore the “defamatory statement” which harms the reputation of others in the light of UDHR, ICCPR and the Constitution of Pakistan, particularly in the recent political landscape.
Topic:
Human Rights, Politics, Freedom of Expression, Free Speech, and Defamation
Political Geography:
Pakistan and South Asia

3. A Critical Analysis of Fundamental Rights Under the Constitution of Pakistan, 1973

Author:
Naveed Ahmed
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
In general sense the right is considered that source by using that a person is being entitled for all obligation intended to other persons as per the approved limitation of law. The legal right after its recognition takes power for its enforceability from the Constitution. Therefore, in order to alter a legal right, it needs amendments in the Constitution by legislature. The philosophy of human rights is as old as the establishment of mankind. The right to life is considered as the most important and basic human right and is the foundation of all other rights guaranteed by the Constitution. However, where there is right there is always some obligation to enjoy that right. The right of equality demands that all the people have same rights and self-respect as they are born as free and entitle for equal protection as per the Constitution without any discrimination. Generally, human rights are deliberated as a matter of right other than special favor and privilege and must be accepted with full regard not being constrained to the territorial limitations. Therefore, the focus of this study is to critically analyze the most important fundamental rights and how seriously the judiciary of Pakistan perceives these rights in the context of Constitution of Pakistan, 1973. The study may provide an opportunity to build a bridge between the judiciary and the executive for the proper implementation of fundamental rights in Pakistan.
Topic:
Human Rights, Constitution, and Judiciary
Political Geography:
Pakistan and South Asia

4. Identity Crisis and Rights in Trouble: Transgenders in Islamic Republic of Pakistan

Author:
Muhammad Mumtaz Ali Khan
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Transgenders have been facing grim situations since ages and in Pakistan since its inception. They have been murdered, raped, sexually abused, physically victimized, and discriminated in all fields of life. In wake of their grievances Supreme Court of Pakistan has laid down a milestone whereby they are recognised as subduct of human rights and allowed them to be a part of mainstream of society. However, at institutional level in Pakistan, whether it relates to education, health, or any other domain, it needs severe scrutiny for the implementation of the rights given to transgenders. Moreover, society as a whole, needs a big transition and drastic change of behaviours to be receptive and inclusive, so that the complexes faced by the transgenders through centuries be redressed and cured.
Topic:
Human Rights, Constitution, Transgender, and Gender Minorities
Political Geography:
Pakistan and South Asia

5. Freedom of Expression and Justiciability in Pakistan

Author:
H.S. Sharif and Jafar Riaz Kataria
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper would discuss freedom of expression and restrictions on the freedom with particular reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR). The question whether the freedom of expression claims are justiciable or not, in third world countries like Pakistan and how it helps in the advancement of rule of law and good governance would be explored. The focus would be on the cultural relativism narrative developed ever since the adoption of the Universal Declaration of Human Rights (UDHR). The claims of „Universalism‟ associated with human rights especially freedom of expression would be criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of expression and the rights of minorities in Pakistan would be discussed with a special mention of proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for the protection and advancement of the freedom of expression guarantee would be discussed.
Topic:
Human Rights, Governance, Culture, Freedom of Expression, and Rule of Law
Political Geography:
Pakistan, South Asia, and Punjab

6. Regulating Civil Society in Pakistan

Author:
Tahira Jabeen
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Since the introduction of the Policy for Regulation of INGOs in Pakistan, 2015 and the draft Regulation of Foreign Contribution Act 2013-15 (RFCA),the state-civil society relationship in Pakistan has been once again in jeopardy. This paper examines the issue of regulating civil society organizations in Pakistan, considering the unique composition of Pakistani civil society, its role, and the existing legal framework while drawing on examples from the region. Based on the analysis, it is recommended that due to the importance of associational life in the development and democratization of Pakistan, civic organizations should be regulated in the light of the constitutional provisions, which consider rights to association as basic human rights.
Topic:
Civil Society, Human Rights, Non-Governmental Organization, Regulation, and State
Political Geography:
Pakistan, South Asia, and Punjab

7. The Indo-Pak Rivalry and the Kashmir Issue: A Historical Analysis in the Security Context of the South Asia

Author:
Syed Shahbaz Hussain, Ghulam Mustafa, Muhammad Imran, and Adnan Nawaz
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The Kashmir issue is a primary source of resentment between India and Pakistan. It is considered the oldest issue on the schedule of the Security Council yet to be resolved. This divisive issue remained unsolved and has become the nuclear flashpoint. The peace of the South Asian region is severely contingent upon the peaceful resolution of the Kashmir dispute. It is not only the pivot of bitterness in the bilateral relation of India and Pakistan, it also a continuous threat to the regional peace in South Asia. This study critically assesses and evaluated the issue in the perspective of historical facts and current context regarding Kashmir. Chronological data presented and describe that the Kashmir issue has deteriorated the fragile security of South Asian region and remained a continuous threat of nuclear escalation in the region. Kashmir issue has severe implications for populace of Kashmir as well as for the region
Topic:
Conflict Prevention, Security, Human Rights, and Territorial Disputes
Political Geography:
Pakistan, South Asia, India, and Kashmir

8. Diagnosing the First Democratic Regime in Afghanistan: Human Rights Perspective

Author:
Satnam Singh Deol and Amandeep Kaur Sandhu
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
Topic:
Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, and Violence
Political Geography:
Pakistan, Afghanistan, South Asia, Central Asia, and Punjab

9. Kashmir and Global Powers

Author:
Amjad Abbas Khan, Sardar Sajid Mehmood, and Mehboob Alam
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Kashmir is generally visualized by the global powers with Indian and Pakistani perspective rather than a humanitarian issue. No doubt it is a bone of contention between two countries but cannot be declared as a simple bilateral conflict because of multi-dimensional nature. Kashmiri people have been struggling for their birth right, the right of self-determination since 1948, in the light of UN Security Council‟s resolutions. This paper highlights responsibilities and the role played by global powers in the resolution of longstanding issue of Asian Sub-continent according to the UN Security Council resolutions for peace and prosperity of the region.
Topic:
Human Rights, United Nations, Bilateral Relations, Territorial Disputes, Self Determination, and Conflict
Political Geography:
Pakistan, South Asia, India, Kashmir, and Punjab

10. Governing Abuse of Free Speech during Elections in Pakistan

Author:
Aman Ullah Malik
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
Topic:
Human Rights, Elections, Freedom of Expression, Legislation, and Hate Speech
Political Geography:
Pakistan, South Asia, and Punjab

11. Compatibility between Islam and Democracy

Author:
Khalid Manzoor Butt and Naeema Siddiqui
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The word 'Islamic Republic' is debatable among scholars as what meaning and role the word 'Islam' adds to the republic is still not agreed upon. Therefore, there is a need for resolving this ambiguity by explicitly defining and explaining the meaning and role of Islam in an Islamic Republic. Pakistan, too, is an Islamic Republic, which got the name 'Islamic Republic of Pakistan' for the first time in the constitution of 1956. This study intends to comprehend the mentioned issue by highlighting the similarities and differences between democracy and Islamic system of governance. In this qualitative study, iterative analysis of semi-structured interviews of ten doctorate scholars is carried out. The study comes across primary contradictions between the two systems and gives a way out for a system having characteristics of both Islam and democracy.
Topic:
Human Rights, Islam, Religion, History, Governance, Democracy, and State
Political Geography:
Pakistan, South Asia, and Punjab

12. State of Human Rights in India: A Case Study of Muslim Minority Oppression

Author:
Abdul Majid
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
India adopted a democratic parliamentary constitution in January 1950. This constitution enumerates all fundamental civil and political rights irrespective of religion, caste, language or region. However, in practice these rights are denied to religious minorities and low caste and out caste Hindus called Dalits. The Muslims being the largest religious minority have faced more discrimination than any other minority. Their religious cultural identity has been under pressure and they are underrepresented in the parliament or state assembly. The rise of Hindu revivalist movements under the BJP has made the Muslims more vulnerable to Hindu extremism and intolerance. Pakistan has raised the issue of India’s atrocities in Kashmiri at the international level. It supports the Kashmiri struggle for political and civil rights and their right to decide on their own about their political future. The UN and the international community must restrain India from resorting to “state terrorism in Kashmir”.
Topic:
Human Rights, Religion, United Nations, Territorial Disputes, and Self Determination
Political Geography:
Pakistan, South Asia, India, Punjab, and Jammu and Kashmir

13. Human (In)Security in South Asia

Author:
Farhan Navid Yousaf
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
South Asia hosts almost a quarter of the world‟s population. Despite achieving consistent economic growth, the region is marked by dense poverty and human deprivation. In this article, I discuss the issue of human security and argue that governments of the region need to focus on burgeoning nontraditional security threats to promote well-being of the people and improve the quality of their lives by investing resources in human development and implementing the constitutional provisions needed to protect fundamental human rights and dignity. In order to address political-economic-social-cultural disparities and achieve prosperity, the onus is far more on the countries themselves to prioritize the human security agenda through mutual collaboration.
Topic:
Security, Human Rights, Poverty, Regional Cooperation, Inequality, and Economy
Political Geography:
Pakistan, South Asia, and Punjab

14. Dynamics of India’s Contemporary Domestic Security Challenges

Author:
A. Z. Hilali
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
India’s immense diversity is unique with its pluralism based on myriad ethnic communities, cultures, religious identities and tribes. Since independence, the country failed to produce one single dominant nation’s concept because identities have not yet forged a common national outlook and its ethnic, religious, and cultural identities remains strong and quite distinctive. Moreover, the Indian federal structure seems to be failed to accommodate the expectations of diverse communities and socio-political cultures. Consequently, the federation is asymmetric with the separatist movements in many parts of the country specifically violent movements in Kashmir, Nagaland, Assam, Manipur and Mezoland which have severely challenged the country’s sovereignty. Furthermore, the insurgencies in Northeast of India and violent movements of Naxalites and Maoist have also challenged India’s territorial integrity. In the same manner the Dalits (Harijan) and minorities (Christians and Muslims), are the victims of superior Hindu caste and Hindu chauvinism. Hence it is perceived that India has lost sight of vital constitutional spirit of secularism and federalism. Further, the worst internal security situation lies on India’s unfair, unbalanced and discriminatory policies with the communities and especially with its judicial system. Nonetheless, it has proved that various socio-economic and political imperatives are not fulfilled by the ruling elites or society. Thus, ethno-religiousideological fault lines, which exist in India, have to be managed with a sense of fairness and transparent federal policies and there is no need to use forces to suppress people. In this context, India requires peaceful and development manual at the national level in order to stabilize all section of society. Without a coordinate approach, the domestic security threats will lead the country to the worst situation.
Topic:
Human Rights, Violent Extremism, Separatism, Justice, Secularism, and Federalism
Political Geography:
South Asia and India

15. Media Representation of Women, Children and Minority Rights: Pakistani Public Response

Author:
Noshina Saleem, Mian Ahmad Hanan, and Arooj Arshad
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This paper focuses on the media impact on the discourse of women, children and minority rights within the context of Pakistan while also studying the difference in response generated by Males and females consumers with a sample of 455 adults taken from different private and public institutes of Pakistan. Correlational research design was employed for this research and data was collected through indigenous questionnaire. Pearson Product Moment Correlation was used to find out the relationship between the study variables. Moreover, Multiple Hierarchical regression analysis was conducted to study whether the promotion of women, children and minority rights was predicted by Media. Also moderating effect of gender was studied by conducted a SEM using path analysis through AMOS. The findings of the study revealed that awareness about women, children and minority rights was significantly predicted by mass media, controlling for the effects of demographic variables. Moreover, the results of the moderation analysis revealed the significant interaction effect of gender and media with minority. The findings highlighted that Pakistani media effectively performs its responsibilities by better providing factual information for citizens and empowerment for the disenfranchised among other roles. So, that the media consumers in Pakistan have to platforms that enable various segments of society to voice their political concerns and demands.
Topic:
Human Rights, Mass Media, Public Opinion, Minorities, Children, and Women
Political Geography:
Pakistan and South Asia

16. KASHMIR: A Conflict between India and Pakistan

Author:
Abdul Majid and Mahboob Hussain
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Kashmir is the oldest and the most serious dispute between Pakistan and India. Various efforts at the bilateral and multilateral levels could not resolve this problem. The two countries have fought hot and cold wars which undermined their bilateral relations. India’s efforts to strengthen its control of Kashmir by use of force have always been questioned by Pakistan that supports Kashmiri demand for right self determination under the UN Resolution of 1948-49. This paper analysis the origins of the Kashmir dispute, its influence on Indo-Pakistan relations, and the prospects for its resolution.
Topic:
Security, Human Rights, United Nations, and Territorial Disputes
Political Geography:
Pakistan, South Asia, India, and Kashmir

17. Challenges and Opportunities of Globalization for the Development of Human Rights in Pakistan 2010-2014

Author:
Azhar Rashid and Muhammad Arshad Watoo
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
Globalization is a growing phenomenon in the contemporary times when man has become modern in its thinking, actions and evaluation. Growing awareness regarding human rights is not only bringing human into mainstream affairs being major stakeholders indirectly but also greater expectations. This reality of preservation of human rights has brought the issue into legislation to make it law as a written part of the constitution at national, regional and global level in almost all spheres. Consequently, assurance of human fundamental rights is ground reality and written part of all the constitutions of the world. Globalization has transformed the world into a global village where there are commonalities of the cultures, exchange of ideas and free economic approaches are struggling to bring consensus among the world society to protect and preserve the human rights against any violation. World has divided into two blocks global north and global south based on their economic and political capacities. Globalization phenomenon was started by global north so it augurs well for the advancement of their interests while South is less benefited because of having underdeveloped status and weaker rule of law, social, economic and political condition. There are disparities of resources between both the blocks that are why south is suffering and north is maintaining status quo. State like Pakistan being the part and parcel of global south is facing economic and political hurdles where there is no provision of basic human requirements like food, health, education, employment and socio-economic stability. Globalization is north-centered phenomenon and more beneficial for them as compare to south. Globalization has positives and negatives. On one side it is providing awareness about the human rights violations while on other side it seems unable to protect human rights violations. Human rights violation scale is growing in Pakistan where there is nationalistic economy that is anti-thesis of the globalization and free market economy of north. Moreover, weak socio-economic and political conditions in Pakistan causing deprivations and grievance are growing where a specific chunk of society is violating all norms and rules of human rights by using their economic power and social status. In comparison to internationalization of economies under the umbrella of globalization, limited weightage is given to Pakistani exports in international market as compare to exports that proves very costly with the emergence of issue balance of payment that causes severe economic implications on Pakistan economy where social and political sector already going downwards and lacking to provide basic needs of life and fundamental rights. Labor issues and forced labor menace is growing in Pakistan where there are less facilities and larger number of labor and phenomenon of brain drain is growing. Globalization is impacting Pakistan more in a negative way and less in positive way. In this phase of initial years of second decade of twenty first century, human rights violation has decreased due to constitutional protection, media campaigns, role of NGO’s but still long way to go ahead to curb the menace.
Topic:
Development, Globalization, Human Rights, and Labor Issues
Political Geography:
Pakistan, South Asia, and Punjab