Cover
Half Title
Title Page
Copyright Page
Contents
Introduction
Part I
Chapter 1: The Law and Economy of Human Rights in Pakistan
I. Governance and Institutions in Economics versus Human Rights
II. Building a Consensus in Economics versus Human Rights
III. Macro versus Micro Analysis in Economics and Human Rights
IV. Measurement in Economics versus Human Rights
V. Teleology in Economics versus Human Rights
VI. Conclusion and Recommendations
Notes
Chapter 2: The Plight of Minority Rights in Pakistan
Introduction
It Was Not All That Bad in the Good Old Days
What Happened to Quaid’s Vision? The Repression of Minority Rights
Blasphemy Laws
Use of Derogatory Remarks, Etc., In Respect of the Holy Prophet:
Forced Conversions and Forced Marriages
Discrimination and Persecution of Minorities
Sectarianism and the Issue of Shia Minority Communities in Pakistan
Conclusions
Notes
Chapter 3: Poverty, Bonded Labor, and Unaccountable Supply Chains: The Case of Brick Kiln Workers in Pakistan
I. Introduction
II. Defining Bonded Labor
III. The Brick-Making Supply Chain
Land Acquisition and Recruitment of Workers
Raw Material Sourcing
Production of Bricks
Sale and Retailing
End Use
IV. Concluding Remarks
Notes
Chapter 4: Pakistan’s Constitution and the Right to Health
Introduction
How to Interpret Health-Related Issues under the Right to Life?
Judicial Interpretation of the Right to Health under the Right to Life
How Did the Columbian Constitutional Court Help to Establish the Protection of Health as a Right?
The Scope of Interpreting the Right to Health under the Right to Life in Pakistan
Government of Sindh versus Secretary Health Department 2020 SCMR 1
Aamir Lutuf Ali Zardari versus Province of Sindh 2019 CLC 224
Asghar Laghari versus Federation of Pakistan 2018 CLD 424
Messer GETZ Pharma versus Federation of Pakistan PLD 2017 Sindh 157
The Limitations of Interpreting the Right to Health as an Entitlement under the Right to Life in Pakistan
Conclusion
Notes
Part II: Part II
Chapter 5: Crime and Punishment in Pakistan
Introduction
1. Origins of Quisas and Diyat
2. The Quisas and Diyat Ordinance of 1990
3. Misuse and Exploitation
Shahzeb Khan58
Samia Shahid63
Raymond Davis65
4. Honor Killings
5. The Anti-Terrorism Court
6. Whither Justice?
7. Evaluation of the Ordinance
8. Conclusion
Notes
Chapter 6: The Legal Status of Ahmadis in Pakistan
The Ahmadis
Theology
Ahmadis and Pakistan
1974 Amendment and the 1985 Amendment Order
1984 Ordinance
Passports and National Identity Cards
The Electoral Question
Fundamental Rights and Legislative Restrictions
Objectives Resolution and Article 20 of the Pakistani Constitution
Case Law on Religious Freedom and Ahmadis
Noncitizens
Notes
Chapter 7: Honor Crimes in Pakistan: A Human Rights Critique of Swara Practice
Introduction
The Role of the Jirga in Dispensing Justice
The Frontier
The Politics of Legal Pluralism in Pakistan
Islamization’ of Legal Framework
Justice through the Pakhtun Jirga
The Intertwining of Islamic, State, and Tribal Customary Law: The Status of Women in the Pakhtun Belt
The Role of Pakhtunwali in Perpetuating Gender Inequality: The Comparative Analysis of Law, Religion, and Custom
Walwar
Xhag
Tor
The Denial of Rights: Access to Justice for Pakhtun Women
The Dark Side of Pakhtunwali: The Practice of Swara in Northwestern Pakistan
Human Rights Critique
The Legal and Religious Status of Swara
Fundamental Rights Enshrined in the Constitution and Swara
State Laws Addressing Swara
The Position of Swara in Islam
Human Rights Interventions
Samar Minallah’s Battle against Swara
Community Appraisal and Motivation Programme (CAMP): Using Jirga to Reform Jirga
Case 1
Case 2
Case 3
Conclusion
Recommendations
Glossary
Notes
References
Chapter 8: Taking Children’s Rights Seriously: Is Pakistan Ready?
Children’s Rights under CRC
Children’s Rights in the Context of Pakistan’s Constitutional and Legal System
The Other Side of Silence: Tayyaba Case in Context
Conclusion
Notes
Part III: Part III
Chapter 9: Pakistan’s Death Penalty Law1
Introduction
International Norms and Practices
Religion and Culture
Two Prominent Death Penalty Crimes
Terrorism
Blasphemy
Conclusion
Notes
Chapter 10: Enforced Disappearances in Pakistan: A Tool of Terror?
Introduction
Enforced Disappearance: A Global Perspective
Enforced Disappearances in Pakistan: Overview
“Short-Term Disappearances”
National Legal Framework
Role of the Judiciary
Commission of Inquiry on Enforced Disappearances
Performance of the COIED
Failure to Ensure Accountability
International Legal Framework
Human Rights Committee
Committee against Torture
UN Working Group on Enforced and Involuntary Disappearances
Other Commitments
No End in Sight?
Notes
Chapter 11: The Use of Special Criminal Courts and Tribunals in Pakistan
Introduction
Fundamental Rights
Special Courts and Tribunals
Constitutionally Sanctioned Parallel Adjudicating Bodies
Civilian Jurisdiction of Military Courts in Pakistan
Special Court Constituted for Musharraf’s Treason Case
NAB and NAB Courts
Conclusion
Notes
Chapter 12: The Pakistani Judiciary and the Suo Motu Jurisdiction
Introduction
The Taciturn Trio
Tassaduq H. Jillani
Nasirul Mulk
Anwar Zaheer Jamali
Conclusion
The Maverick: Saqib Nisar
The Sherriff: Asif Saeed Khosa
The Future of the Court
Notes
Index
About the Contributors