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

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.

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

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  1. Fundamental RightsMian Ali HaiderL.L.B., L.L.M. (Cum Laude) U.K.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.)

  10. 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.

  11. 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.

  12. FundamentalRights 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

  13. Why do we call theseRightsFundamental? • TheseRights are incorporated in the First Chapter of the Constitution of Pakistan. • Theyafford a basis for the development of an Individual. • The people and officials of Pakistan are ought to enjoytheserights.

  14. Nature of Rights • Fundamentalrights are equal for all. • Rights are justiciable – • Fundamentalrights are not absolute. • Theylimit the authority of the central and state governments. • Fundamentalrightsdistinguishbetweencitizens and foreignnationals. • Theycanbesuspendedduring emergency. • ParliamentcanamendFundamentalrights.

  15. Right to Equality • Equalitybeforelaw, providesthat «the state shall not deny to anypersonequalitybeforlaw or the equal protection of lawwithin the territory of Pakistan ». • Prohibilition of Descrimination, • Equality of opportunity • Abolition of untouchability • Abolition of titles

  16. Right to Freedom • Freedom of speech and expression • Freedom of Press – has been insertedaccording to which the press has been given the power to publish an account of the proceedings of the Pakistan’sParliament and states legislatures. • Right to information islinked to the freedom of speech and expression granted in the constitution. • Freedom to assemble peacefullywithoutArms. • Freedom to form associations and unions. • Freedom to move freelythroughout the territory of Pakistan. • Freedom to reside and settle in any part of the territory of Pakistan. • Freedom to practiseany profession or to carry on anyoccupation,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 againstarrest and detentionagainst certain cases Article-22

  17. Right to Religious Freedom Article 25 to 28

  18. Right to religiousfreedom, Article-25 to 28 • Freedom to professany religion, • Freedom to manage religiousaffairs,

  19. Cultural and educational rights Article 29 to 30

  20. Cultural and educationalrights,Article • Protection againstinterest of minorities, • Freedom to get admission in educational institutions, • Right to minorities to establisheducational institutions • No discrimination whilegivinggrants

  21. Right to Constitutional Remedies. Article-32

  22. Critical Evaluation of Fundamental Rights Public Opinion

  23. Criticalevaluation of fundamentalrights • No rightsoutside the constitution • Toomany limitations • PreventiveDetention and Fundamentalrights • Rightscanbesuspendedduring emergency • Absence of Economicrights • Vague and complexlanguage • Supremacy of Parliament over FundamentalRights • Special concessions for minorities and backward classes are against the Principle of Equality.

  24. Importance of Human Rights • Foundation of democracy • Check on the arbitrariness of the Government • Createproper conditions for the development of Men • Foundation of Rule of law • Establishment of Secular state • Protection of the interests of the minorities • Reconciliationbetweenindividualinterests and social interests.

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