Showing posts with label 18th Amendment. Show all posts
Showing posts with label 18th Amendment. Show all posts

Tuesday, June 8, 2010

“Objectives Resolution of 1949 misused intentionally”

Express Tribune, Pakistan
Pakistan
“Objectives Resolution of 1949 misused intentionally”
June 08, 2010

PML-N Chief Nawaz Sharif
The Supreme Court adjourned the 18th amendment hearing till tomorrow.

Chief Justice Iftikhar Muhammad Chaudhry said that the Objectives Resolution of 1949 has been misused in the Constitution of 1973.

He said this during today’s hearing of petitions filed against the 18th amendment.

The chief justice said that in the past, parliaments in Pakistan have used legislation to render the Supreme Court’s decisions ineffective. He said the constitution has always been intentionally misused.

Senior lawyer Abdul Hafeez Pirzada sought a copy of the 1973 Constitution from the attorney general during the court proceedings today.

The attorney general assured about the provision of a parliamentary record of debate in the Supreme Court.

The hearing was adjourned till tomorrow.

Sunday, May 2, 2010

Not the voice of the creator

---Dily Dawn, Pakistan
 
Not the voice of the creator
  By Ardeshir Cowasjee
  Sunday, 02 May, 2010

We inhabit a land where death no longer diminishes us, where those that hand it out do so with impunity, with no fear or trepidation.

Day after dreary day it goes on — a professor, a woman, shot and killed in a rickshaw in Quetta, four policemen blown up in Peshawar, five ‘activists’ shot dead in Karachi, and more, much more.

This land has a helmsman of little consequence and the sub-leadership is habitually frugal with the truth, always hoping that lies will sustain them. The future is hardly exhilarating, and we heedlessly plod on. We are not even told the truth when the latest political ‘triumph’ is bandied about, we are told about the 18th Amendment to the constitution, to many a non-event, to others an affront to democracy, and to those who brought it about a means to survive the parliamentary term extended to them.

The latest amendment has not restored the original 1973 constitution — those that claim that it has cannot be that ignorant, so they are resorting to mendacity in aid of expediency. The constitution is left, post-amendment, with vestiges of the 17th Amendment of military dictator Gen Pervez Musharraf, and with its greatest polluter, the 8th Amendment of military dictator Gen Ziaul Haq, littering its pages.

That being so, credit must be given where due — and due it is as far as one insertion is concerned, though the piece of legislation into which one word was restored should never have come into being. Part of the 8th Amendment was the inclusion into the constitution of the Objectives Resolution by Article 2(A) reproducing it in the annex and making it a substantive part of the constitution — and this notwithstanding the fact that the Objectives Resolution already formed its preamble.

There was one glaring difference in preamble and annex — why and how it came about has never been explained but it must be assumed that it was a mala fide exercise. One principle enunciated in the resolution pertains to the minorities: “Wherein adequate provisions shall be made for the minorities freely to profess and practise their religions and develop their cultures.” Such is recorded in the preamble. But in the annex the word ‘freely’ was omitted, thus altering the entire spirit of the provision. The missing word has now been re-inserted by the 18th Amendment — so on that score, well done!

The Objectives Resolution, legislation which would never have been permitted by the founder maker of this country, Mohammad Ali Jinnah, came into being in March 1949, a mere six months after his death when his loyal lieutenants succumbed to the pressures of the religious right which sought to impose its will on a country, the formation of which it had either opposed or stood by silently while the Muslim League struggled. It negated all that Jinnah had stood for, if we are to take as our guideline his famed address to the constituent assembly of Aug 11, 1947, when he declared that faith, caste or creed were to be put aside and all were to be equal citizens of one country, and, most importantly, that religion was not the business of the state.

The most ominous words spoken that March day when the resolution was passed by the constituent assembly were spoken by Hindu citizen of Pakistan, Sri Chattopadhyay, who represented 25 per cent of the then East Pakistan population.

“I do not consider myself as a member of the minority community. I consider myself as one of seven crores of Pakistanis. Let me retain that privilege.”

“I sadly remind myself of the great words of the Quaid-i-Azam that in state affairs the Hindu will cease to be a Hindu; the Muslim shall cease to be a Muslim. But alas, so soon after his demise what you do is that you virtually declare a state religion.”

“You could not get over the old world way of thinking. What I hear in this resolution is not the voice of the great creator of Pakistan — the Quaid-i-Azam, nor even that of the prime minister of Pakistan, the honourable Mr Liaquat Ali Khan but of the ulemas of the land.”

“This resolution in its present form epitomises that spirit of reaction. That spirit will not remain confined to the precincts of this house. It will send its waves to the countryside as well. I have been passing sleepless nights pondering what shall I now tell my people whom I have so long been advising to stick to the land of their birth.”

“And on the top of this all, by this resolution you condemn them to a perpetual state of inferiority. A thick curtain is drawn against all rays of hope, all prospects of an honourable life. After this what advice shall I tender? What heart can I have to persuade the people to maintain a stout heart?”

The waves indeed swept through the country, the first manifestations of intolerance, bigotry and their accompanying violence coming in 1953 with the anti-Ahmadi riots in Punjab. The rot grew and was given full impetus in 1977 when socialist democrat Zulfikar Ali Bhutto (who throughout his life showed few signs of fanatic zealotry) miserably surrendered to the mullah fraternity in the hope that he could cling on to a fast disappearing power seat. From then on, with the advent of Gen Ziaul Haq and his particular brand of religion, the descent has been swift.

Those who followed either exhibited little will to stem the rot or were hand in glove with the forces of darkness, the enemies of tolerance. Jinnah’s Pakistan has virtually ceased to exist, but there are still some who hope it has not yet been interred for ever.

arfc@cyber.net.pk

©2010 DAWN Media Group. All rights reserved
URL : www.dawn.com/wps/wcm/connect/...he-voice-of-the-creator-250-hh-05

Sunday, April 25, 2010

Blasphemy Law haunts minorities even after 18th Amendment

The News International - Pakistan
Thursday, April 22, 2010 | National
Blasphemy Law haunts minorities even after 18th Amendment

Thursday, April 22, 2010
By our correspondent

Karachi

The legacy of Zia Ul Haq continues to haunt the minorities in Pakistan as the 18th Amendment failed to do away with the controversial Blasphemy Law.

Representatives of minority communities have expressed concern over the government’s silence towards the repealing of the law.

Patron of the Pakistan Hindu Council, Ramesh Kumar told The News that he had met with top government officials, including Chairman Parliamentary Committee on Constitutional Reforms, Senator Raza Rabbani regarding amendments to the blasphemy law but failed to get any response.

“The law has greatly been misused against all the minority communities living in the country. There is a dire need to amend the law. I also made some suggestions regarding the selection procedure of the parliamentarians representing the minorities. However, this request, like its former, was also ignored.” Kumar suggested that parliamentarians should be nominated by public votes and not by party nomination.

Representing the Christian community, the secretary general of All Pakistan Minorities Alliance, Michael Javed, said that the government officials had promised on several occasions that amendments would be made but all these ended up in smoke. “It seems that the state has forgotten the outrageous Gojra incident in which seven people were burnt alive and more than 40 houses were torched. Due to the Blasphemy Law, hundreds of innocent people have been killed and several others are languishing in jails on the pretext of false cases.”

Moreover, the government’s decision to allocate four reserved seats in the Senate for the minorities is just a deceptive picture as the ones who would be sitting on the chairs would be representing their respective political parties and not the masses, he added.

A minority rights advocate, Elvis Steven, stated that the sentiment of the community has also been hurt over the exclusion of minorities in the constitutional committee for the 18th Amendment Bill. “Neither any amendment was not made to laws pertaining to minorities nor was any minority leader was taken into consultation for the reforms”.

“The Blasphemy Law has become a dead noose for us,” said Sardar Ramesh, of the Sikh community, a community which has no representation in the government or in the opposition. He said that no follower of any religion could even think of defaming or desecrating another religion and the death sentence punishment for the law should be abolished.

However, the most vulnerable minority community is the Ahmedis who continue to face discrimination and violence in the light of the law.

A report titled ‘State of Human Rights in 2009’ by the Human Rights Commission of Pakistan displays a bleak picture of the minorities. Last year, a total of 41 complaints regarding Blasphemy Law were registered by the police, out of which some 37 Ahmedis were booked under the law. Around five Ahmedi citizens were murdered in target killings.

“The law is exploited and our people are the worst sufferers. Everyday we are issued death threats but remain silent for fear of our lives. Until and unless the government repeals the discriminatory law, the minority communities won’t be able to breathe freely,” said an Ahmedi leader.

URL: www.thenews.com.pk/daily_detail.asp?id=235325
 
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