Lawyers as Scientists
Laws combatting social evils can only work if they are made by understanding the social reasons behind these issues and not by slapping on harsher punishments. Doing so in a perpetual cycle while expecting different results is simply following the route that defines insanity. We can do better.
Putting the Media on Trial
In a week filled with ludicrous decision-making by the PTI, its decision to establish “media courts” is perhaps the most ominous. One purpose of the courts, as given by Dr Firdous Ashiq Awan, was to curb “unnecessary criticism” of government officials by the media in the name of free speech. From its very inception, this proposal lacks any use of grey matter by the Cabinet. According to Fahd Husain, in his column on Sunday, it seems like a close associate of the Prime Minister took some criticism from a television host a bit too personally. Therefore, prompting a decision of the Cabinet on the issue.
What is Article 149 really about?
Karachi deserves better than being embroiled in a perpetual tug of war between the federal and provincial governments. Karachi’s people put up with rampant crime, non-existent waste management, inept policing, poor infrastructure and chaos when it rains on a daily basis. Hoping for change but slowly losing optimism. However, Federal Minister for Law Farogh Naseem thinks he has found the solution to these problems in the Constitution’s Article 149 (4). But the federal minister is wrong.
Constitutional Hardball
The most beloved tactic in the populist playbook is the exercise of legitimate powers to achieve undemocratic objectives. Dangerous, because legitimate means are used to attain illegitimate outcomes. A form of maneuvering that in 2004 was referred to by Harvard Law Professor, Mark Tushnet, as “constitutional hardball”.
Kashmir, Pakistan, and the World
No crystal ball is needed to see what will soon occur in India: once the Modi government restores some semblance of normalcy to the valley, the uprising will begin. Violence will spiral out of control; it will touch and reignite old prejudices between Hindu and Muslim in an India that grows more polarised under a man who must divide in order to rule. ‘National security’ will be used as an excuse to round up dissidents and critics who will be gleefully prosecuted on trumped-up charges under the amended ‘Unlawful Activities (Prevention) Act’ with its more expansive definition of ‘terrorist’ allowing the government to designate any individual as a terrorist without due process. The spokes of tyranny are oiled and ready.
The Saffron Noose
But the true way to kill the soul of the Kashmiri people is through an idea imported from Israel. What my friend and columnist Asad Rahim Khan calls the “West Bank formula”. It is by taking the valley away from the Kashmiri people. With Article 35A gone, Modi is now free to populate Kashmir with Hindu settlers, achieving his goal of changing the demographic identity of the valley from majority Muslim to majority Hindu. The influx of settlers would not only destroy the valley’s identity, but also the valley’s natural beauty.
Aftermath: Reform the Senate
Making members of the Senate directly elected by the people will also make the argument for removing the secret ballot stronger. Because then, the people, the demos in democracy, have a right to know how their elected representatives are voting. That is a far better reason to do away with the secret ballot than the reasons being given by the opposition currently.
No Promises
One of the most recognised characteristics of the law is its responsibility to protect contractual promises. Intertwined with this aspect of the rule of law is a country’s economic growth. Build a legal system that provides sanctity to contractual relations, and you will see an upward surge in economic prosperity. Adam Smith had similar ideas in the “Wealth of nations”. In an oft-quoted paragraph, he writes that commerce seldom flourishes in states where “the faith of contracts is not supported by law”.
A Wolf Among Sheep
It is hard to feel optimistic about human rights in Pakistan when a person alleged to have violated another human being’s dignity with reckless abandon is anointed to safeguard those rights. It is like asking wolves to draft a charter on the rights of sheep.
Edhi Sahib
It is not possible for someone to replace Edhi Sahib, but it is possible for people to emulate his mission. Our country must make sure that tomorrow’s children learn about Edhi as one of this nation’s greatest heroes. Parents can change the course of this country’s future just like how Edhi’s mother changed the course of his by giving him two paisas every day. One for himself and one for someone in need. Through this simple act, this great woman helped foster one of the greatest philanthropists in the world. There is no reason Pakistan cannot produce more like him.
We Are Not Free
A country will never value free speech just because it exists in the constitution. Free speech must be developed as a culture. It must start from childhood when children ask their parents and teachers uncomfortable questions. Only when the next generation sees people debating and talking about multiple different views, without punishment, will this culture develop.
On China
When an autocratic state becomes an economic superpower, it gains a certain amount of immunity from the international legal regime. But China is on another level. With so much of the world’s economy now dependent on China’s technology sector, it is hard to criticise China for even the powerful United States. So if China wants to be repressive, there is little anyone can do to stop it.
Myth of the Saviour
Our democratic values as a country are regressing instead of evolving. The systems we admire are telling in this regard. We admire China, Turkey, and Saudi Arabia — all regimes built around the myth of a modernising autocrat. In a country like Pakistan, the system of constitutional democracy cannot be taken for granted. However, given mass poverty, lack of food, water, housing, and security, vast swathes of Pakistan’s population don’t really care about arguments for long-term democratic growth if top-down power can ease their pain in a flash.
No Country for Old Men
The old men are scattering like dust in the wind, the political landscape of Pakistan is changing. Pakistan’s political future will now be shaped by Imran, Bilawal and Maryam. All three have to think about the narratives they must build in order to survive.
I Dissent
The concept of dissent helps in the creation of what legal historian Melvin Urofsky calls ‘constitutional dialogue’ – a healthy debate regarding matters fundamental to our Constitution. And this is important. Because we barely debate the constitution. We view it through binary lenses. Dissents can help us cast away our tunnel vision and see the nuance that it holds, benefiting not just our present but our future too.
Modi’s India
Yet, in handing power over to Modi to tackle the elite, the dynastic heirs, the scary Muslim threat, India is losing its decency. By re-electing Modi, the once secular, vibrant, India is transforming into an unrecognisable bastion of Hindu superiority. Where government-sanctioned committees sit down to try and prove that Hindu scripture is fact, and that India was a nation solely for Hindus. Indian Muslims know where things are heading. As Asaduddin Owaisi, the leader of the All-India Majlis-e-Ittehadul Muslimeen, told Reuters, “The government wants Muslims to live in India as second-class citizens.”
Bolton’s War
History has a strange way of repeating itself. Perhaps that is why people should be more careful about learning from it. Not so long ago, we had another inept president of the United States and a warmonger pulling his strings from behind the scenes. The Bush-Cheney team that tore down Iraq over fictional weapons of mass destruction. Cheney, like Bolton, thought the only way forward for Iraq was through regime change. He, too, didn’t mind bending the rules (or firebombing them) to achieve his goals.
Regulatory Capture
No meaningful legal reform can come from a system so poisoned from the roots. A system that has discarded legal ethics for greed and power. To a great extent we have only ourselves to blame, for we do not raise our voice when lawyers turn into thugs in suits. We watch videos of lawyers assaulting police, judges and civilians but do nothing to hold the bar associations and councils responsible for taking no action.
A Presidential System?
There is an obsession in Pakistan, a persistent hope, that a prophetic figure will swoop down at some point and singlehandedly solve all our problems. Perhaps it has something to do with the way our country came into being. A charismatic leader who, against all odds, carved out a nation for us. Pakistan’s population is frequently found dwelling over the question: what would Pakistan have looked like if Jinnah had lived longer? But dwelling on the past has never been a good recipe for fixing the problems of the present.
Reshuffle
If Imran Khan wants to retain the trust of his supporters, he must be open about why this reshuffle was deemed necessary. That doesn’t mean tweeting out cricketing analogies regarding batting orders. He owes the people better. People voted for Asad Umar; they deserve to hear from the Prime Minister himself why unelected individuals are now calling the shots over their daily lives. Imran Khan promised us a more transparent decision-making process on his part, we need to see it. The PTI’s supporters deserve to know why loyalists from the PPP and the PML-Q are being awarded key positions in government.