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2. 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
3. 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
4. Stable Regime, Historiography and Truth Commissions: A Case Study of Pashtun Tahafuz Movement of Pakistan
- Author:
- Farhat Taj
- Publication Date:
- 12-2021
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- This article discusses the Pashtun Tahafuz Movement's (PTM) demand for establishing a Truth and Reconciliation Commission (TRC) to facilitate the right to truth of victims of the war on terror in Pakistan. It highlights the tension among the right to truth, geopolitical considerations, and historiography in pursuit of transitional justice under a stable regime. It argues that Pakistan is not likely to establish a TRC due to its geopolitical considerations vis-a-vis Afghanistan. It, however, also underscores that PTM as a pressure group could contribute greatly to realising several human rights based right claims of the war victims, if it disengages itself from the anti-Pakistan Afghan diaspora
- Topic:
- Human Rights, Transitional Justice, War on Terror, Pashtun, Pashtun Tahafuz Movement (PTM), and Truth and Reconciliation
- Political Geography:
- Pakistan and South Asia
5. Women's Rights and Democratic Transitions: A Comparative Study of Pakistan, Chile, and South Africa
- Author:
- Abida Bano
- Publication Date:
- 12-2021
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- Democratization provides women an opportunity to represent their interests/issues effectively. Institutional change of democratic transition proves women's movement's best chance to push for gender-sensitive policy outcomes. This case study critically examines three selected democratic transitions' workings and assesses the cross-cases variation in women's gendered outcomes (South Africa, Chile, and Pakistan). The research questions state as "how and why did women's movements perform differently in achieving gendered policy outcomes in the democratic transitions?” Engaging comparative framework and the qualitative approach, the study shows that the socio-political context, historical legacies, and party alliances have played vital role in varying gendered outcomes.
- Topic:
- Democratization, Gender Issues, Human Rights, Social Movement, Women, and Collective Action
- Political Geography:
- Pakistan, Africa, South Asia, South Africa, South America, and Chile
6. 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
7. 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
8. 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
9. Pakistan’s Commitment to Human Rights: A Probe into the Question of Ratification of the Rome Statute of International Criminal Court
- Author:
- Mazhar Ali Khan
- Publication Date:
- 12-2019
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- The question of ratification of the Rome Statute of International Criminal Court is one of the most debated questions in public international law. Because it involves strict commitment to human rights many states often see it as a hurdle to their national interests. Nevertheless a number of states have ratified the statute except a few. Pakistan is one of those states that have not ratified the Rome Statute even though it has been a party to various other treaties on human rights. This article focuses on the question why Pakistan did not ratify the statute? The article also provides recommendations how the ratification can be made possible.
- Topic:
- Human Rights, International Law, Islamic State, International Community, International Criminal Court (ICC), Rome Statute, and Universal Jurisdiction
- Political Geography:
- Pakistan, South Asia, and Global Focus
10. Operation Zarb-e-Azb, IDPs, and the Life in Camps
- Author:
- Sajad Rasool and Zahid Anwar
- Publication Date:
- 12-2019
- Content Type:
- Journal Article
- Journal:
- Review of Human Rights
- Institution:
- Society of Social Science Academics (SSSA)
- Abstract:
- This article focuses on internal displacement of the tribal people from North Waziristan Agency in the wake of military operation called Zarb-e-Azb. It takes Abharam Maslow’s model of hierarch of needs for analyzing the life of IDPs in camps. We argue that the institutions responsible for taking care of the camps tried their best to cope with the situation nevertheless, keeping in view Maslow’s model of hierarchy of needs, the IDPs faced difficulties to overcome their biological and psychological trauma.
- Topic:
- Human Rights, Displacement, and Trauma
- Political Geography:
- Pakistan, Afghanistan, and South Asia
11. 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
12. 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
13. Kashmir: A Case for Self-Determination
- Author:
- Hafsa Kanjwal
- Publication Date:
- 09-2019
- Content Type:
- Journal Article
- Journal:
- Brown Journal of World Affairs
- Institution:
- Brown Journal of World Affairs
- Abstract:
- On 5 August 2019, the Indian government unilaterally changed the legal status of the state of Jammu and Kashmir, undermining its own constitutional process and completely annexing a territory that remains disputed in the in- ternational arena. In a statement to the Indian parliament, the Indian Home Minister announced the abrogation of Kashmir’s special status enshrined in Article 370 of the Indian constitution, as well as the bifurcation of the state into two Union Territories to be directly governed by the central government. Since then, the government has placed Indian-occupied Kashmir on lockdown.1 Despite restrictions on the movement of reporters and human rights observers and a clampdown on communication infrastructure (including the internet and some phone services), there have been reports of widespread human rights abuses including extrajudicial detentions (including of minors), torture, sexual violence, and lack of access to basic medical and healthcare services.2 The BJP-led government of Prime Minister Narendra Modi has justified its actions by claiming that Kashmir’s development and progress was stunted under Article 370, a provision in the Indian constitution that gave the state some autonomy. Moreover, the government asserted that the region needed to be fully integrated into the Indian state in order to prosper. It also argued that this move would curb what it deems “terrorism,” a long-standing movement for political self-determination in Kashmir.3
- Topic:
- Human Rights, Territorial Disputes, Conflict, and Self-Determination
- Political Geography:
- South Asia, India, Kashmir, and Jammu and Kashmir