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Begin New Search Topic Human Rights Political Geography South Asia Content Type Journal Article

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. Civil Society & Political Transformations (Harvard Journal of Middle Eastern Politics and Policy, Fall 2021)

Author:
Ghazi Ghazi
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
Eleven years after the 2011 Arab Spring, feelings of transformation and change still reverberate throughout the region. The Spring 2022 edition, Civil Society and Political Transformations, seeks to illuminate how civil society organizations operate in the region and their effects on political transformations.
Topic:
Civil Society, Education, Human Rights, Migration, Politics, Race, History, Reform, Women, Constitution, Arab Spring, Syrian War, Recep Tayyip Erdoğan, Baath Party, and Peacebuilding
Political Geography:
Afghanistan, Iraq, South Asia, Turkey, Middle East, Israel, Libya, Yemen, Palestine, North Africa, Syria, Jordan, Morocco, and United Arab Emirates

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. 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

9. 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

10. 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