Our system of justice is based on the rule of law, which is, in fact, enshrined in our constitution through the Charter of Rights and Freedoms. Law applies to everyone – no one is above the law. And the law must be applied the same regardless of race, gender, status or any other consideration. If nobody is above the law, then fair trials are the only way to prevent miscarriages of justice and are an essential part for a just society. Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process in Pakistan. It also makes societies safer and stronger. Without fair trials, victims can have no confidence that justice will be done however without fair trials, trust in government and the rule of law collapse.
The concept of right to a fair trial is not new in Pakistan and even across the globe; it has long been recognised by the international community as a basic human right. Despite this, it’s a right that is being abused in countries across the globe with devastating human and social consequences. However, Pakistan during 18th amendment in 2010 included 10-A right to fair trial, despite the incorporation of the right to a fair trial in the constitution of Pakistan, till date its realization does not meet the standard originally envisioned under the declaration.
If we talk about the Province Sindh then the use of torture and ill treatment is widespread. It is carried out in every police station even in the investigation of petty crimes. Interrogation amounts to nothing more than the use of torture an ill treatment. In all the institutions of justice there is widespread incompetence and inefficiency due to the poor quality of officers at all levels. This is the result of the government’s failure to adequately fund the justice process. Illegal arrests and illegal detentions are common. Denial of the right to life by way of widespread use of enforced disappearances is rife. Maintenance of illegal centres as torture chambers and detention centres is well known. A fair trial is denied due to enormous delays without adjudication. The poor cannot afford the cost of litigation and therefore they are victimised at all levels of the judicial process. Extra judicial killings, custodial torture, enforced disappearances and arbitrary arrests are all actions of a dysfunctional judicial system in Sindh. Each day thousands of lives are lost due to illegal state action, honour related crimes, violence against women, militancy and attacks on religious and ethnic minorities.
Rural women in Sindh have been facing a lot of social, economic, political, institutional and above all cultural challenges to fulfil their right to fair trial
However, among other rights one area where women in Pakistan have really suffered is the denial of the right to fair trial to most of women, if they knock at the doors of judicial system for attainment of their other basic rights.Rural women in Sindh have been facing a lot of social, economic, political, institutional and above all cultural challenges to fulfil their right to fair trial. Socially, culturally if fundamental rights of women are violated like right to freedom of expression, movement, association, education, and inheritance and so on then she cannot realise these rights because she does not have adequate access to fair trial. As access to justice, including fair trial, in cumbersome legal structures of Pakistan, requires having handsome financial resources.
On the other side Non-Muslims do not have the same rights that Muslims can enjoy and women may be equal to men in theory but not so in practice. For example, men and women have equal rights as voters but women in many areas of Sindh are still fighting for their right to cast ballots. They aren’t allowed to go outside and take part in electoral process, however a jirga decides whether they will be allowed or not.
A recent human rights report statisticsays that more than 70% of women in police custody report physical or sexual abuse at the hands of officials. In many cases it has also been discovered that women are detained for several days in police lock-ups without registering a First Investigation Report (FIR) or produced before the judicial magistrate within the 24-hour period stipulated by law. Police officials deliberately often file inaccurate FIRs or delay the registration of FIRs altogether to have sexual favours and to extort bribes from generally powerless females.
I personally think that the justice system is hypocritical and elitist. It punishes the poor and marginalized, who are often involved in petty crimes, while allowing those with money to get away with heinous crimes. Strict compliance and enforcement of laws and accountability across the board is needed. Investigation needs to be compliant of the rule of law and due process.
The writer is a social and political activist based in Lahore. He has done his Maters and MPhil in Communication Studies