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RIGHTS OF WOMEN
RIGHTS OF WOMEN IN CONSTITUTION OF PAKISTAN
Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights which are to be available to all citizens, women as well as men wherever they may be, as well as all people temporarily or permanently in Pakistan. However, the freedoms guaranteed can be curtailed or taken away by the government on the grounds of the sovereignty or integrity of Pakistan, maintenance of public order, public morality. BUT these restrictions can be challenged in the superior courts - see What to do if your Rights have been Violated below. The executive is bound to implement these rights while the judiciary is bound to take notice of any violations and provide redress on individual complaints or take notice of its own (called ‘suo moto’ notice) of any gross violations of a collective right. For example, the Supreme Court has recently taken suo moto notice of the killings in Karachi.
The basis of fundamental rights is laid out in Article 4, which states that it is the inalienable right (i.e., can never be taken away) of individuals (citizens wherever they may be as well as individuals currently in Pakistan) to enjoy the protection of law and be treated in accordance with law. It also guarantees the protection of life, liberty, body, reputation & property of an individual.
Fundamental Rights in the Constitution
In this chart, rather than going in numerical order as they appear in the Constitution, we have grouped Fundamental Rights according to the issues they deal with.
Topic
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Rights
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Fundamental
Rights are
Supreme:Article 8 |
any law or custom or usage having force of law inconsistent with Fundamental Rights shall be void
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Right to Life &
Liberty:
Articles 9, 10, 12 & 13
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- No
person can be deprived
of life or liberty, save
in accordance with
law
- On
arrest or detention in
custody, person is to be
told grounds for such
action & has the right
to consult and be
defended by l egal
practitioner of
his/her choice.
-
Arrested person is to be
produced before the
Magistrate within 24
hours of arrest.
- Any
detention beyond this
period without the
Magistrate’s
authority is
illegal.(Exceptions:
people taken into
preventive detention.
However, there is
also a specified
procedure for such
detention.)
- A
person cannot be
punished for an act
which was legally not
a crime at the time of
its occurrence
- No
punishment other than
that prescribed in law
at the time of
occurrence
- For
one crime/offence the
accused cannot be
punished twice
- The
accused cannot be forced
to give witness
against
herself/himself
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Prohibition of
Slavery &
Forced Labour:
Article 11 |
- Slavery, all forms of forced labour and trafficking of
human beings are prohibited
- No child under 14 can work in a factory or a mine or
any other hazardous employment.
(Exceptions: prisoners and any duty for public service
required by law.
but compulsory service cannot be cruel or
incompatible with human dignity)
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Dignity of Man
and Privacy of
Home:Article 14 |
- Guarantees privacy of home and forbids torture for
the purpose of extraction of evidence
- Police or any other state agency can enter a home
only after obtaining lawful authority (in writing,
naming person & purpose of entry - e.g., arrest or
recovery of stolen goods)
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Basic Freedoms:
Articles 15, 16,
17, 18 & 19 |
- Every citizen is free to: move, live and settle in any
part of the country, and also has the right to a
passport and to travel abroad
- Every citizen has the right to assemble peacefully
(Exceptions: these can be restricted by law in the
public interest)
- Every citizen has the right to: join an
association/union; freedom of speech and expression;
freedom of the Press is guaranteed
(Exceptions: can be restricted by law on grounds of
sovereignty& integrity of Pakistan, public order or
morality; government servant cannot be member of a
political party)
- Every citizen, subject to qualifications can enter a
trade, business or profession of his/her choice
(Exceptions: regulations of trade & commerce can be
made by the government)
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Religious
Freedom &
Safeguards:
Articles 20, 21 & 22
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Every citizen has the right to believe, practice and propagate their religion.
Every religious denomination/sect has the right to establish, maintain and manage its religious institutions
No person can be compelled to pay any special tax to be spent on the propagation or maintenance of a particular religion or religious institution other than his/her own
No person attending any educational institution can be required to attend religious ceremonies, worship or receive education of a religion other than his/her own.
No discrimination against any community in grant of tax exemption or concessions for religious institutions
No discrimination in admission to educational institutions receiving public funds on grounds of race, religion, caste or place of birth (Exceptions: quota system is permissible for advancement of any socially or educationally backward class of citizens)
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Property Rights:
Articles 23 & 24
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- Every citizen is allowed to own, sell his/her property
in any part of the country
- No person can be deprived of her/his property
compulsorily. If property, land is needed in public
interest, then the government has to give reasonable
compensation to the owner.
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Guarantees of
Equality & Non-
Discrimination:
Articles 25, 26 &
27 |
- All citizens are equal before law and are entitled to
equal protection of law
- There shall be no discrimination on the basis of sex
alone
(Exceptions: the state can make special provisions for the protection of women and children)
- No discrimination on any basis in access to public
places, except those specifically reserved for religious
purposes (Exceptions: the state can make special
provisions for women and children)
- no person otherwise qualified can be discriminated
against in the matter of employment on the basis of
race, religion, caste, sex,. residence or place of birth
(Exceptions: specific services can be reserved for
members of either sex if such posts/services require
duties which cannot be adequately performed by the
members of other sex, e.g. Lady Health Visitor)
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Article 32
Article 34
Article 35
Article 37(e)
Article 38(a)
Article 38(d)
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In addition to the Fundamental Rights described in the table above, the Constitution also lists several ‘Principles of Policy’. The government is to make policies accordingly, which the government, all public institutions and all government servants are expected to uphold. A number of the Principles of Policy specifically relate to women:
- special representation shall be given to women in local government institutions (i.e., local bodies).
- steps shall be taken to ensure full participation of women in all spheres of national life.
- the State shall protect marriage, the family, the mother and the child.
make sure women are not employed in vocations unsuited to their sex, and that working women get maternity benefits.
- secure well-being of the people, irrespective of sex.
- provide basic necessities of life, irrespective of sex.
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