پاکستان میں بنیادی حقوق کیا ہیں؟ | What Are Fundamental Rights in Pakistan?

What Are Fundamental Rights in Pakistan? A Detailed Overview

Description: Explores Articles 8–28 of the Constitution, detailing rights like freedom of speech, religion, and equality, with examples of judicial enforcement.

Keywords: fundamental rights Pakistan, constitutional rights, freedom of speech Pakistan, human rights law

Introduction: What Are Fundamental Rights?

Fundamental rights are the cornerstone of any democratic society. In Pakistan, these rights are guaranteed under Articles 8 to 28 of the Constitution of the Islamic Republic of Pakistan, 1973. These rights act as safeguards for the freedom and dignity of individuals and ensure that the State cannot act arbitrarily or unjustly against its citizens.

Whether it's freedom of speech, right to education, equality before law, or freedom of religion, these rights shape the relationship between the citizen and the State.

This article will offer an in-depth understanding of these rights, supported by real-life judicial examples, citizen implications, and constitutional interpretations.

Understanding the Scope of Fundamental Rights (Articles 8 to 28)

Article 8 – Laws Inconsistent with Fundamental Rights to be Void

This article sets the tone for the rest. It declares that any law, custom, or usage that violates fundamental rights is void to the extent of its inconsistency.

✅ Judicial Enforcement Example:
In Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416), the Supreme Court held that any legislation inconsistent with constitutional rights could be struck down.

Key Fundamental Rights in Pakistan

1. Security of Person – Article 9

“No person shall be deprived of life or liberty save in accordance with law.”

✔ Explanation: This right protects every citizen from illegal arrest, detention, or custodial torture.

🔎 Case Example: In the Shehla Zia v. WAPDA case (PLD 1994 SC 693), the court interpreted “life” to include the right to clean environment.

2. Safeguards as to Arrest and Detention – Article 10

Protects individuals from arbitrary detention and ensures that every detained person must be informed of reasons and provided legal assistance.

Also provides for preventive detention under certain conditions.

🔍 Note: Preventive detention is allowed only under strict legal scrutiny and cannot be indefinite.

3. Right to Fair Trial – Article 10-A

Added by the 18th Amendment, this guarantees every person the right to a fair trial and due process before any court or tribunal.

🔎 Case Law: Mubeen-us-Salam v. Federation of Pakistan (PLD 2006 SC 602) emphasized that justice must not only be done but also be seen to be done.

4. Freedom of Movement – Article 15

Citizens have the right to move freely throughout Pakistan, live in any part, or go abroad.

❗ Exceptions: The State can impose restrictions in public interest or for security purposes.

5. Freedom of Assembly – Article 16

The Constitution guarantees the right to assemble peacefully without arms.

✔️ This is crucial for protests, political rallies, and social movements.

🔎 Judicial Insight: In Imran Khan v. District Coordination Officer Islamabad (2014), the Islamabad High Court ruled that peaceful protest is a constitutional right but must not disrupt public order.

6. Freedom of Association – Article 17

Every citizen has the right to form associations or unions, including political parties.

🛑 However, any association that is prejudicial to Pakistan’s sovereignty or integrity can be banned.

7. Freedom of Speech – Article 19

This guarantees freedom of speech and expression, including the freedom of the press, subject to reasonable restrictions on:

Glory of Islam
Security of Pakistan
Public order
Morality or decency
Contempt of court

📰 Real Example: PEMRA often restricts certain TV programs under this article’s exceptions. Courts have occasionally stepped in to balance press freedom and state security.

8. Right to Information – Article 19-A

Added through the 18th Amendment, this grants every citizen the right to access information in all matters of public importance.

🧾 This is the foundation of transparency and accountability in governance.

🗂 Practical Use: Citizens can demand information from government departments, and refusal can be challenged in the Information Commission or courts.

9. Freedom of Religion – Article 20

Every citizen has the right to profess, practice and propagate religion, and every religious denomination can establish and maintain religious institutions.

🕌 Important Note: This applies equally to Muslims, Hindus, Christians, Sikhs, and others.

🔎 Judicial Observation: Courts have stressed that this freedom is not absolute and can be regulated for public order and morality.

10. Rights of Minorities – Article 22

This ensures religious freedom in educational institutions, prohibiting forced religious instruction for minority students.

📚 Example: A Christian student cannot be forced to attend Islamiat classes in school.

11. Equality of Citizens – Article 25

“All citizens are equal before law and are entitled to equal protection of law.”

👩‍⚖️ This includes gender equality, non-discrimination, and equal access to justice.

👩‍🎓 Article 25-A also makes education free and compulsory for all children between 5–16 years.

🔎 Judicial Example: Asma Jilani v. Government of Punjab (PLD 1972 SC 139) was a landmark case establishing rule of law and equality as foundational principles.

12. Non-discrimination in Public Employment – Article 27

This prohibits discrimination in government employment based on race, religion, caste, sex, residence, or place of birth, except in cases of quota for backward areas.

13. Protection of Property Rights – Article 24

No one shall be deprived of property except by law and for a public purpose, with compensation.

🏡 Example: Government can acquire land for building roads or schools, but must pay market value compensation.

14. Protection Against Double Jeopardy and Self-Incrimination – Article 13

This article protects individuals from being tried twice for the same offence and from being forced to confess against themselves.

🔍 Relevance: Essential for ensuring fair criminal trials.

15. Protection of Dignity and Privacy – Article 14

“The dignity of man and, subject to law, the privacy of home, shall be inviolable.”

🚪 This right protects citizens against unlawful surveillance, raids, and defamation.

🔎 Landmark Interpretation: In the Shehla Zia case, the court included environmental rights under the dignity of man.

Suspension of Fundamental Rights: Martial Law & Emergency

During states of emergency, certain fundamental rights can be suspended under Article 232 and 233, such as during war, natural disaster, or martial law.

📌 Historical Context: Rights were suspended during the Musharraf Emergency (2007) and Zia-ul-Haq’s martial law.

Judicial Enforcement of Fundamental Rights

Citizens whose rights are violated can approach High Courts under Article 199 or the Supreme Court under Article 184(3) through:

Writ of Habeas Corpus (unlawful detention)
Writ of Mandamus (to compel public authority)
Writ of Certiorari (judicial review)
Writ of Prohibition (to stop unlawful acts)

✅ Important Cases

Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416)
→ Upheld political participation and freedom of association.
Shehla Zia v. WAPDA (PLD 1994 SC 693)
→ Right to clean environment included in Article 9.
Miss Asma Jilani v. Government of Punjab (PLD 1972 SC 139)
→ Declared martial law illegal and emphasized supremacy of the Constitution.

Common Challenges in Enforcing Fundamental Rights

Despite constitutional guarantees, several practical barriers persist:

Lack of legal awareness among citizens.
Delayed justice due to backlogged courts.
State overreach under the garb of national security.
Misuse of blasphemy laws leading to suppression of minorities.

How Citizens Can Protect Their Fundamental Rights

Know your rights under Articles 8–28.
Approach courts for violation using free legal aid (NGOs, pro bono).
Use RTI laws under Article 19-A to demand transparency.
Report discrimination to relevant Human Rights Commissions.

Conclusion: Why Fundamental Rights Matter

Fundamental rights are not mere formalities but enforceable entitlements of every Pakistani. They ensure that the State remains answerable to its people and uphold dignity, liberty, and justice.

Whether you’re a student, worker, journalist, or citizen – knowing your rights is the first step towards a strong democracy.

🧠 Remember: A right unknown is a right denied.

FAQs About Fundamental Rights in Pakistan

Q1: Can fundamental rights be taken away by Parliament?
❌ No, any law inconsistent with fundamental rights is void under Article 8.

Q2: Are foreigners entitled to fundamental rights in Pakistan?
✅ Some rights like fair trial, dignity, and life extend to all persons, not just citizens.

Q3: What to do if my fundamental right is violated?
🧾 You can file a writ petition in High Court under Article 199 or Supreme Court under 184(3).

Q4: Can the press be banned under Article 19?
📰 No, but reasonable restrictions can be imposed for security, morality, or religion.

Q5: Are minority rights protected in Pakistan?
✅ Yes, Articles 20–22 ensure freedom of religion, worship, and education for minorities.

پاکستان میں بنیادی حقوق کیا ہیں؟ | What Are Fundamental Rights in Pakistan?