Fundamental Rights Mian Ali Haider L.L.B., L.L.M. (Cum Laude) U.K.

Significance/ Characteristic:- Fundamental Rights for Pakistanis are aimed at overturning the inequities of past social practices. Guarantee that all citizens can and will lead their life's in peace as long as they live in Pakistan. Essential for development. Democracy gave rise to various freedoms in the form of Fundamental Rights. Helps prevention of gross violation of Human Rights.

Fundamental Rights Right to freedom Right to constitutional remedies Cultural and Educational rights Right to freedom of religion Right against exploitation Right to freedom Right to equality

Constitution of Islamic Republic of Pakistan 1973 The 1973 Constitution of Islamic Republic of Pakistan 1973 contains Fundamental Rights and Principles of Policies which give basic rights to citizens. Some of the Articles pertaining to Human Dignity & Respect given in Constitution of Pakistan are as follows:- Security of persons: No person shall be deprived of life or liberty.

Constitution of Islamic Republic of Pakistan 1973 The 1973 Constitution of Islamic Republic of Pakistan 1973 contains Fundamental Rights and Principles of Policies which give basic rights to citizens. Some of the Articles pertaining to Human Dignity & Respect given in Constitution of Pakistan are as follows:- Safeguards as to arrest and detention: No person who is arrested shall be detained in custody without being informed, of the grounds for such arrest Nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.

Constitution of Islamic Republic of Pakistan 1973 Slavery, forced labor, etc., prohibited: Slavery is forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.

Constitution of Islamic Republic of Pakistan 1973 Sacredness of Dignity of Man, etc.: The dignity of man and, subject to law, the privacy of home, shall be firm.

Constitution of Islamic Republic of Pakistan 1973 Freedom of Movement, etc.: Every citizen shall have the right to remain in, and subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

Constitution of Islamic Republic of Pakistan 1973 Freedom of Assembly: Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

Constitution of Islamic Republic of Pakistan 1973 Freedom of Association: Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of (sovereignty or integrity of Pakistan, public order or morality.)

Constitution of Islamic Republic of Pakistan 1973 Freedom of Trade, Business or Profession: Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.

Constitution of Islamic Republic of Pakistan 1973 Freedom of Speech, etc: Every citizen shall have the right to freedom of speech and expression, and there shall be freedom to the Press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defense or Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of Court.

Fundamental Rights Fundamental Rights are incorporated from Aricle 08 to 40 in the First Chapter of the 1973 Constitution Rights are the basic facilities which we need for our growth.These are the claims of individual recognised by the society and enforced by the State. The existence of Democracy can’t be imagined without Fundamental Rights in Pakistan because Rights are the pillars of Democracy

Why do we call these Rights Fundamental? These Rights are incorporated in the First Chapter of the Constitution of Pakistan. They afford a basis for the development of an Individual. The people and officials of Pakistan are ought to enjoy these rights.

Nature of Rights Fundamental rights are equal for all. Rights are justiciable – Fundamental rights are not absolute. They limit the authority of the central and state governments. Fundamental rights distinguish between citizens and foreign nationals. They can be suspended during emergency. Parliament can amend Fundamental rights.

Right to Equality Equality before law, provides that «the state shall not deny to any person equality befor law or the equal protection of law within the territory of Pakistan ». Prohibilition of Descrimination, Equality of opportunity Abolition of untouchability Abolition of titles

Right to Freedom Freedom of speech and expression Freedom of Press – has been inserted according to which the press has been given the power to publish an account of the proceedings of the Pakistan’s Parliament and states legislatures. Right to information is linked to the freedom of speech and expression granted in the constitution. Freedom to assemble peacefully without Arms. Freedom to form associations and unions. Freedom to move freely throughout the territory of Pakistan. Freedom to reside and settle in any part of the territory of Pakistan. Freedom to practise any profession or to carry on any occupation,trade or business. Protection in respect of conviction of an offence Article-20 Protection of life and personal liberty Article-21 Right to education Article-21 A Protection against arrest and detention against certain cases Article-22

Right to Religious Freedom Article 25 to 28

Right to religious freedom, Article-25 to 28 Freedom to profess any religion, Freedom to manage religious affairs,

Cultural and educational rights Article 29 to 30

Cultural and educational rights,Article Protection against interest of minorities, Freedom to get admission in educational institutions, Right to minorities to establish educational institutions No discrimination while giving grants

Right to Constitutional Remedies. Article-32

Critical Evaluation of Fundamental Rights Public Opinion

Critical evaluation of fundamental rights No rights outside the constitution Too many limitations Preventive Detention and Fundamental rights Rights can be suspended during emergency Absence of Economic rights Vague and complex language Supremacy of Parliament over Fundamental Rights Special concessions for minorities and backward classes are against the Principle of Equality.

Importance of Human Rights Foundation of democracy Check on the arbitrariness of the Government Create proper conditions for the development of Men Foundation of Rule of law Establishment of Secular state Protection of the interests of the minorities Reconciliation between individual interests and social interests.