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Faculty of Computing and Information
Technology, University of the Punjab
Subject: Pakistan Studies
Topic: Violation of Law and Order Submitted by: Tayyaba Anwar BITF22M509 Manahil Kamran BITF22M514 Eman Shahbaz BITF22M516 Muhammad Hassan BITF22M522 (Leader) SafiUllah BITF22M526 Abdullah Butt BITF22M536 Submitted to: Mr. Ijaz Submission date: 28-03-2023 Violation of Law and Order Violation of Law is defined as the act of doing something that a law or rule forbids (a severe legal unlawful act).
Factors of Violation of Law and order
Terrorism is one of the biggest factors contributing to violations of law and order in Pakistan. Throughout the past 20 years, Pakistan has had a number of terrorist attacks, including attacks on schools, markets, government buildings, and places of worship. As a result of this attack, thousands of lives were lost, and the economy was completely destroyed. The groups of terrorists that carried out these acts are well-organized, well-resourced, and connected to outside parties. Sectarian violence is also a factor contributing to violations of law and order in Pakistan. A variety of ethnic and religious groups make up the population of the nation. This diversity frequently caused sectarian conflicts, leading to the destruction of property and the loss of life. Extremist religious ideas and intolerance on the part of other groups frequently serve as fuel for sectarian conflict. Another major factor contributing to the violation of law and order in Pakistan is organized crime. Drug trafficking, illegal immigration, and money laundering are all prevalent in the country. The networks of organized crime are well-established and have connections to both domestic and foreign parties. The operations of these networks have badly affected the economy of the country and resulted in deaths. Bribery victimization also contributes in the violation of law and order in Pakistan. In our country, small- scale bribery is common. To get the help from the police, more over half of Pakistanis have paid a bribe and a quarter of Pakistanis have paid bribes to process official permits. Corruption in institutions is also one of the main factors contributing to the violation of law and order in Pakistan. In Pakistan, a huge percentage of authorities are engaged in corrupt activities. People believe that the police are the most corrupt officials, while they believe that judges and magistrates are the least corrupt. Another reason is that the number of laws is increasing but is being poorly executed. The country and society have suffered a lot. Individuals now have a propensity to break the law. Protection of rights and maintaining peace are impossible in environments where the law is not respected.
How law and order is affected by constitution
Pakistan has struggled to maintain law and order, and the country's constitution has played an important role in shaping the situation. This essay examines how constitutional violations of law and order are affected in Pakistan and examines some of the factors that contribute to this problem. One of the main ways the constitution is violated in Pakistan is its suspension. The military has suspended the constitution several times in the country's history, leading to the establishment of authoritarian regimes and the suppression of political dissent. During his reign, human rights were regularly violated and his political opponents were harassed and arrested. Another fundamental violation of his is the restriction of freedom of expression and assembly. The government has used blasphemy laws and other laws to silence dissidents and punish those who criticize the state or its institutions. Minority groups such as Christians and Ahmadis are particularly exposed to such laws and often face discrimination and persecution. Corruption is also a serious problem in Pakistan and is closely linked to violations of law and order. Governments and their institutions are often accused of engaging in corruption, undermining confidence in the judicial system and undermining the rule of law. Corrupt officials and politicians are protected by the state and are rarely held accountable for their actions. This has created a culture of impunity that undermines efforts to maintain domestic law and order. Human rights violations such as extrajudicial killings and enforced disappearances are also prevalent in Pakistan. Terrorism suspects and their supporters are often tortured, arbitrarily arrested and executed in violation of their constitutional rights to due process and a fair trial. The government has been accused of using these tactics to suppress political dissent and target minority groups.
Violation of law after the establishment of Pakistan
First Crises Faced by the Pakistan was the death of Quaid e Azam. Some people started conspiracies to become the leader of the nation. Then the murder of LIAQUAT ALI KHAN who was the first prime minister of Pakistan, he was close to Jinnah. during his rule religious parties begin to take control over Pakistan. He introduces the objective resolution in assembly but not accepted but the same was enforce by the ruler GENERAL ZIA UL HAQ. Absence of second row leadership, hegemonic role of democracy and delaying of native constitution was the reasons of starting of lawlessness. Failure of the first Parliament: Seven prime ministers come in 7 years. Also come a 1day prime minister AYUB KHAN. As said by the Mughal Ruler Aurangzeb:
“Power has no Relationship.”
Martial Law: It was implemented in 1958. The military took over the control by violating the constitution, destroying the democratic system in the country, killing senior politicians, citizens and journalists. Constitution of 1954: Parliament was dissolved on 24 th October 1954 by governor General Ghulam Muhammad before the bill could be submitted to the house of Representatives for approval. Constitution of 1956: This provides parliamentary government with all the powers to the prime minister. This was formed by the puppets of the foreigners. It was formed in 9 years and implemented for 2 years and 11 months. Constitution of 1958: On 7th October 1958 the constitution demolished and martial law started. Constitution of 1962: It was enforced on June 8,1962. Ayyub Khan’s Action against Elective body discrimination: They are the public servants Ayyub Khan in 1959 passed elected bodies disqualification and also under EBDO he targeted the east Pakistan politicians while leave the Muslim league. Almost 6000 persons, half were disqualified under ARTICLE 5 of EBDO of east Pakistan. In 1971 breakdown of Pakistan. Even sheikh Mujeeb Ur Rehman wanted rule all over the Pakistan. Defaming of Character of Fatima Jinnah: The common Bengali people don’t wanted Ayyub Khan to be the ruler of Pakistan. So, the requested FATIMA JINNAH to come forward and participate in the elections. However, the restricted the people that they can’t give vote to Fatima Jinnah and use the religion that how can a woman be the ruler of country also defamed her through the Drama Masi Mehri by comparing Fatima with the character she took this to heart and as a result AYUB khan got 90% votes and Fatima Jinnah 10%. These are the list of violation just after the formation of Pakistan.
Corruption at Court Level in Pakistan
According to the National Corruption Survey conducted by Transparency International in 2002 and in 2006, the three most corrupt government agencies were the police, the political sector, and the judiciary. 100 percent of the people who had any type of contact with the police are confronted with corruption. safarish and rishwat in Pakistan is not required for doing only something illegal or dishonest; almost nothing functions without it, and it is also required for doing and getting rightful and legal services. The basic problem in my opinion is not rishwat but safarish. Safarish is the most ‘normal’ and ‘natural’ way of doing legal and illegal things in Pakistan. A person who does not do safarish of his relative or does not do safarish for his relatives is generally considered an arrogant person. Members of a baradari supports each other against the members of other baradari. One big problem at the courts is delay. All people who are related to criminal justice like the lawyers, judges, police etc. all are responsible for the delay. It is not only judges, lawyers and police that are corrupt. All those who are affiliated with courts or have anything to do with the courts work either after charging money or having been approached by friends, relatives or influential people. Laws are not same or laws are applied by keeping in mind the position of people involved. The official justice system theoretically follows the ideals of equality. Same laws for all and all are equal before law. I say corruption is paid to achieve the ‘justice according to the status of the parties involved’ which is traditional system.
Violation of Laws by Government Officers
Violation of law by government officers, however they are at high post or at low post, is the major problem in our country. National Accountability Bureau (NAB) has been entrusted with the obligation to create mass level awareness against corruption, take measures for prevention of corruption, and enforce law against those engaged in corruption and corrupt practices. It was established by Pervaiz Musharraf in 1999 But unfortunately NAB has lost its purpose. It has failed to play its role for the betterment of the country. Our NAB officers lack the capacity to finish an investigation, unable to keep the check and balance of money. It has failed to do the justice in every field. According to the current state of affairs in Pakistan, the NAB is only acting on the orders of the current government, which is aware that it is acting incorrectly. The NAB's only goal these days is to arrest our former Prime Minister Imran Khan. Every department established in a country is intended to promote prosperity and development, but the presence of corrupt individuals in certain departments makes them vulnerable to operation. Similarly, to Nazim and Naib Nazim, who are in charge of implementing government strategies in the country, corruption is embedded in them. If they are given orders to build a school on a specific plot of land and are given money to do so. They will spend the money on themselves. All of our government's institutions appear to be working together for the betterment of our country, but they are only interested in themselves. Thousands of cases of corruption have been filed, but no one has been held accountable.
Implementing of Law and Order in Pakistan
Pakistan, like any other country, requires a functional and effective legal framework to make sure that the Constitution, law, and order are implemented fairly. However, corruption and dishonesty pose significant challenges to this implementation. Every country has its own way of dealing with the problems such as implementation of law and order. For Pakistan here are ten solutions to address this problem: 1. Educate the masses: One of the most effective ways to combat corruption is by educating people about their rights and responsibilities. Education will enable people to understand the value of transparency and accountability. 2. Promote transparency and accountability: Transparency and accountability must be promoted across all sectors of society. This means ensuring that public institutions and officials are transparent in their activities and accountable for their actions. 3. Strengthen the judiciary: The judiciary should be strengthened by ensuring that the appointments are based on merit and not influenced by political or personal interests. The justice system must be impartial and free from corruption. 4. Provide legal aid: Access to legal aid should be provided to all citizens, especially those who cannot afford it. This will ensure that justice is served equally to all, regardless of their financial status. 5. Enhance law enforcement agencies: Law enforcement agencies must be trained and equipped to deal with corruption and other criminal activities effectively. Specialized units can be created to investigate and prosecute corruption cases. 6. Encourage whistleblowing: Whistleblowers should be encouraged to report corruption and other illegal activities. There should be effective protection mechanisms in place to safeguard whistleblowers from retaliation. 7. Implement anti-corruption policies: Strong anti-corruption policies must be implemented and enforced across all sectors of society. These policies should include measures to prevent, detect, and punish corruption. 8. Digitalize public services: The digitalization of public services will reduce the need for physical contact and thereby minimize opportunities for corruption. This will also improve the efficiency and transparency of public services. 9. Increase public awareness: The public must be made aware of the detrimental effects of corruption on society. This can be done through media campaigns, public awareness programs, and other communication channels. 10. Strengthen civil society: Civil society organizations can play a significant role in promoting transparency and accountability. These organizations should be encouraged and supported to monitor and report corrupt practices.
In summary, violations of law and order in Pakistan go hand in hand with
manipulation of the constitution by those in power. Constitutional suspensions, restrictions on freedom of expression and assembly, corruption and human rights violations all contribute to the problem. To improve the situation, Pakistan needs to strengthen its institutions and ensure that its constitution is upheld and enforced. This requires political will and a commitment to human rights and the rule of law. References Ahmad, Saghir (1977). Class and Power in a Punjabi Village. Lahore: Punjabi Adbi Markaz. Chaudhary, M. Azam (2006) The place of Customary law in Pakistani Legal Culture. In: Journal of Asian Civilizations, vol. XXIX, no. 2, 114-141, 2006. Chaudhary, M. Azam (1999) Justice in Practice: Legal ethnography of a Pakistani Punjabi Village. Karachi: Oxford University Press. Ali, S. (2016). The Blasphemy Law in Pakistan: Controversies and Injustices. Journal of Muslim Minority Affairs, 36(2), 229-242. Khan, A. (2017). Human Rights in Pakistan: A Systemic Failure. Commonwealth & Comparative Politics, 55(4), 444-462. Zaidi, S. A. (2017). State Building in Pakistan: The Role of the Military. International Affairs, 93(6), 1409-1429. Constitution of Pakistan. (1990) Constitution of Pakistan. Islamabad: Federal Shariat Academy. Law Reform Commission. (1959). The report of the Law Reform Commission 1958- 59. Karachi: Government of Pakistan Ministry of Law. Moore, Erin (1993) Gender, Power, and Legal Pluralism: Rajastan, India. In: American Anthropologist, 20.3, 1993. 1970. The report of the Law Reform Commission 1967-70. Karachi: Government of Pakistan Ministry of Law and Parliamentary Affairs (Law Division) Karachi.