Secure Pakistan: does the constitution ensure total human equality?

Author: Air Marshal (r) Masood Akhtar

I am sorry Sirs, there is very little equality if at all, in Pakistan! My simple two cents on the PM/CJ altercation on the MNS departure to the UK. There never was nor is any semblance of equality in our country. Be it individuals, institutions, races, colours, casts or beliefs; our environment is full of inequalities and consequent contradictions and problems. The fact that no country or nation can be secure, stable, prosperous or even become a truly Islamic state without this essential ingredient of democracy would be an understatement. Words from the PM and then by the honourable CJ Supreme Court about the equality of humans are in order, but throw up many a question.

Should there be more equal individuals and groups in Pakistan based on status, money or authority? Can there be inequality based on institutions? Should there be inequality as per one’s beliefs? Can there be inequality because of gender? Should there be inequality based on age? The facts on the ground are that people in Pakistan are de facto unequal and have been treated as such (every day) by systems and institutions, but more importantly by law.

Everyone in Pakistan had been going on merrily (especially, the powerful and the rich) and lived happily ever after with this inequality, till the world threw in a joker–the 24/7 omnipresent, vibrant and globalised print and electronic media. Today, no one can stop the flow of information in the world. Good, bad or ugly, both comments by two of our premier personalities would have drawn immediate response on the net and in social media. Rest assured, some comments would have been outright derogatory. The good or the bad is that neither can do much about it. The more they try to control this beast or response, the more these will react and spread with exactly the opposite effects. And like it or not, all such inputs will mould public opinion, more often than not, against the honourable CJ and PM and their institutions and people. This will end up making us all very insecure.

Unfortunately, some, if not most, of our presidents, PMs and CJs have left their jobs with sullied reputations

What is to be done? The constitution has answers.

Article four of the Objectives Resolution (now a part of the constitution) said, “WHEREIN, the principles of democracy, freedom, equality, tolerance and social justice (DFETS) as enunciated by Islam, should be fully observed.” The emphasis is on “…should be fully observed.” This makes it a directive article. This means that the framers have not left any choice with anyone, especially the rulers and the institutions. It is suggested that this article makes it mandatory for the politicians and the bureaucracy, to fully observe all five values to secure the people and the state.

Till now, we have ignored this article with its five MUST values. Leave alone executing this, almost no one even knows about the existence of this very useful part of the constitution. Let us face it that because of this ill-knowledge (or selective amnesia), we neither have a true democracy, nor freedom, nor EQUALITY, nor tolerance, nor social justice, especially for the poor and the weak. Taking extreme examples of late Zainab and Farishta, the system nicely and properly denied the entire DFETS paradigm to them. One happened in the PML (N) tenure, the other in the PTI administration. Most, unfortunately, none from the governments took note till the Yahud o Nasara-enabled globalised media (that we love to hate) made a lot of noise. Only then the administrations were forced into a response.

Similar incidents took place almost in all governments since 1947. During the Musharraf government, “The Nation” wrote an op-ed on March 10, 2010, about the plight of Sonia Naz who was repeatedly abused by Inspector Jamshed Chishti of Faisalabad Police on the orders of SP Khalid Abdullah only because she had managed to visit the National Assembly in Islamabad and spoke with the people, who might have had the power to help her get her husband released. Instead of helping her, the honourable law-makers accused her of unlawfully entering the Assembly building (istehqaq majrooh ho gaya) and handed her over to Faisalabad police. “Sonia said that the rape incidents were her punishment for questioning her husband’s arrest and making efforts for his release.” Some relief came to Sonia only after the noise on the media and protests by the civil society members.

Both our premier appointment holders should take heart and support from the Founding Fathers’ Vision (FFV) documents. Chronologically, be it Meesaq-e-Madinah, the Last Sermon, Allahabad Address, the 11th August Address, or the Objectives Resolution, all call for total human equality.

If the honourable CJ takes cognizance and a suo-motu on Article 4, it will start to solve some problems if not all. It will also present an opportunity to establish Pakistan’s basic structure. Some constitutional questions could be: Should democracy be unadulterated and be of the people, by the people and for the people? Does freedom mean liberty of thought, belief and religion? Does equality mean Total Human Equality or is it qualified by the binds of the constitution? Is tolerance something general between humans or extends to one between religions, institutions, casts and creeds? Does social justice mean for all human beings in front of law or also for education, health and education?

Unfortunately, some, if not most, of our presidents, PMs and CJs have left their jobs with sullied reputations. People have generally not stood by them when they needed their support in adversity. Some are bewildered that in their times, they gave them motorways, hospitals and colleges, and yet, if and when, they were deposed by military dictators, the people of Pakistan did not side with them. Making such infrastructure was easier. More difficult was to give them the very abstract DFETS and identify with the people as per Article 4. They truly did not identify with the electorate when in government. Thus, the people didn’t identify with them in their tough times. Leaders in secure nations do just the opposite. No wonder that even Nixons and Clintons are held in high esteem despite their follies and escapades, when in power. We should all beware, all will retire one day and become ordinary.

P.S. The honourable CJ should ask the PM and all politicians that in addition to providing judicial resources, they should arrange the society in terms of great values of equality, liberty and fraternity. The aim should be to inspire and create a cohesive, unified and homogeneous populace with no polarisation and exclusion as the highest national ideals. This will, in turn, reduce the clash and the consequent ligations, thereby, reducing the load on the judiciary.

The writer is a retired Air Marshal and has worked on National Security Policy and Counter-Insurgency/ Terrorism Policies

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