A Monopoly Problem
Today the world recognises that economic power wielded by monopolistic corporations must be resisted through state intervention. A monopoly by itself may not be evil, but the abuse of monopoly power often is. The necessity for control gave birth to what we call competition or antitrust law.
The Trial of Donald J. Trump
From an objective lens, it is clear that Trump should be removed from office. However, we cannot lose sight of the fact that the Senate is controlled by Republicans led by Mitch McConnell. McConnel did not mince words in indicating his intent to protect Trump, whatever the cost. This would of course mean violating his oath as a Senator, but that hardly seems to matter in a polarised Congress
A Matter of Principle
In Pakistan, it is hard to say what principles guide the big three political parties of our country. Their core manifestos seem to change rapidly according to what needs to be done to stay in power a bit longer, often sacrificing the greater good of the country for a larger share in the political pie.
Making Politics Work
To make our politics work, to make sure that our people come to trust this process rather than the dictatorship model, we must implement the Constitution’s guarantee of local governments. To be sure, in order to implement these steps our elected parliamentarians would have to give up their own power. They would have to put the interests of the people before their own. Yet, our politicians should note that if they fail to make these changes then we will be left with a broken political system in which people will lose trust day by day.
The Verdict
Whether or not the former dictator will be punished is irrelevant. What is relevant is the symbolic precedent that has been established. For even though posterity may not remember paragraph 66, it will remember that on December 17, 2019, this nation, after prolonged experiments with dictatorship, decided that the use of force to override our constitutional values was treason.
Who Guards the Guardians?
I belong to the legal fraternity. Anywhere else in the world this would be a source of pride. In Pakistan, it is a source of shame. Here, members of the legal fraternity attack hospitals and justify their actions by referring to a childish video of a doctor mocking them. Here, egos are fragile. Here, those who are supposed to guard the law are above it.
In a Just World
This isn’t a just world, but the people who blame the victims of criminal actions still seem to be living in a utopia. That would be fine as long as that sort of thinking did no harm. Unfortunately, it gives rise to victim blaming, and because of that, we must dispel it from the minds of people.
Absolute Discretion
The rule of law is an ideal, but it is an ideal we should be striving for rather than moving away from. Our institutions do not seem to view the law as supreme rather they view the law as an unnecessary hurdle. An impractical quagmire of technicality that gets in the way. If we allow for this thinking then it leads to those in power believing that they are above the law. That is a state we must avoid at all costs.
A Case for Student Unions
Student unions can help Pakistan achieve something that it drastically needs: a development of a culture of democracy. Let students practise democracy and the workings of politics in the days when they are developing their identity. Let them learn the value of the vote. Let them learn the compromise and diplomacy that are essential qualities of leadership. As many commentators have argued, the death of student unions has resulted in a lack of good political leadership in the country. These laboratories of democracy must be reinstated.
Misdirection
For over a year, we have seen the drama of PTI versus Nawaz Sharif unfold. This has happened at the cost of the federal government getting anything of substance done. With Parliament deadlocked, the PTI must understand that it is in their best interest to extend an olive branch to the opposition. Otherwise it cannot move forward and confront the broader issues plaguing the country. They can rest assured that Nawaz Sharif is disqualified for life, his cases are ongoing, and he has been found guilty by a court of law. The PTI has made its point about corruption. If Nawaz Sharif does not return then he loses face.
Shadow of the Coloniser
This country’s struggle with colonialism did not end in 1947. Because the coloniser left its shadow looming over our legal system. Until we take out the legacy of the coloniser from our laws, from our Constitution, we will forever be held back from allowing our own people from achieving true freedom — freedom from the fear that one day the State may deem it “necessary” to suspend their rights.
Understanding Pakistan’s Sexual Harassment Law
This article is part of a series which will try to answer several questions surrounding the law on sexual harassment in Pakistan. The aim is to allow people to understand what the legal regime on this issue is, how it works, and what needs to change.
The Politics of Cruelty
Once upon a time, Nawaz Sharif thought he too would always remain in power. He even thought about bestowing the title of “Amir al Muminin” upon himself. But his downfall came at the hands of Pervaiz Musharraf. Then, fairly recently, the PML-N once again seemed unstoppable. Enjoying a majority in Parliament with little realistic opposition, it seemed the PML-N was here to stay for a long time. However, the PTI ascended, and today the familiar faces of the PML-N are all in prison. The history of this country shows that power can be lost very quickly in an unstable democracy like ours.
This Country Needs Feminism
To dispel myths and stereotypes regarding women crafted over centuries requires a powerful social movement. In a country like ours where women are covertly filmed in universities and blackmailed, that movement is needed more than ever. That movement is feminism, and this country needs it.
Faith Through Force
Forced conversions are after all a part and parcel of the massive economic inequality that religious minorities face in Sindh and all over Pakistan. With many of them working under bonded labour — South Asia’s version of slavery — the abuse they are liable to suffer is extremely high. They are at the complete mercy of those they work for who freely give them up for forced conversions and marriage. The families of victims have no wealth, no influence, no power through which they can obtain justice. Try getting the police to do anything when you have none of those three.
For the Love of Our Children
The Government of Punjab has to work towards curbing the underlying causes behind sexual abuse. Once it happens, it changes the life of the children involved — that is, if they survive at all. So far, we have only been reactive, not proactive.
Hypocrisy or Change?
We ask the world to step in to save Muslims in India, but we also want ambivalence from the world towards how minorities are treated in Pakistan. Last year, when America added Pakistan to a list of serial violators of religious freedom, our reaction was quite similar to India’s – shameless denial. Minorities are free in Pakistan, we said, much like India is saying now. But just like India’s claim today, our claim rings hollow.
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.