Daily Times

“Laws are spider webs through which the big flies pass and the little ones get caught”– Honoré de Balzac

The interesting thing about legislation is that those who understand its significance are the ones who actually observe the law while those who do not blatantly flout it without any fear of prosecution. In the words of Hilary Mantel: “When you are writing laws you are testing words to find their utmost power. Like spells, they have to make things happen in the real world, and like spells, they only work if people believe in them.”

Here in Pakistan, a few issues continually rise to the fore. One, laws are made in a foreign language not understood by the majority of the population. Two, laws, especially those that pertain to everyday life (sales tax, income tax etc) are cumbersomely worded. Three, laws are understandably violated by those who do not know English as well as those who do but are sufficiently rich and powerful enough to escape accountability. Four, only the economically weak and those without connections are apprehended and prosecuted; since ignorance of law is no excuse for breaking said law.

A cursory glance at Pakistan’s traffic might better explain how this works. After all, the shabbiest of vehicles (mainly motorcycles) are stopped, searched and fined for the minutest of offences as they are easily stoppable. By contrast, an expensive land cruiser is allowed to whiz past a red light and no policeman attempts to stop it or even give chase. When traffic wardens were newly-inducted in the Punjab, there was a short period of discipline combined with effective enforcement of rules. Yet just as things began to run smoothly — all this vanished largely into thin air.

Similarly, the public is supposed to abide by the law when it comes to paying customs duty, sales tax on goods and services, income tax, federal excise duty and property tax. However, many of these statutes, pertaining to everyday life, are so technical that they remain mostly incomprehensible unless professional advice is sought. Besides, due to the rapidly evolving nature of these laws, it becomes difficult for even experts to keep track of developments. This is because by the time disputes are settled before the courts many amendments have usually been made. One can only wonder at the ingenuity of the legislature that appears hellbent upon promulgating laws but does so without doing its homework. Consequently, when anomalies and impracticalities come to light, massive changes are sought which defy the sensibility of certainty. One almost admires the genius of violators who effectively manage to circumvent provisions; much to the dismay of the legislature and enforcement bodies. Perhaps ancient Chinese philosopher Lao Tzu was not wrong when he said: “The more law and order are made prominent, the more thieves and robbers there will be.”

A look at Pakistan’s traffic might help. After all, the shabbiest of vehicles are routinely fined for the minutest of offences. While expensive land cruisers are allowed to whiz past a red light

Undoubtedly, we are living in an advanced era in which societies are regulated at both local and international levels. All individuals, whether they realise it or not, are tightly encased in layer upon layer of moral and statutory regulations and any deviation risks peril. Now, if these laws are of such extraordinary importance and vital for a peaceful society, should they not be written in accessible language(s), as emphasised in Article 251 of the Constitution which provides for English to be replaced by Urdu and by provincial languages where necessary.

When parliaments of civilised democratic countries legislate, the process is a long drawn out one. Matters are thoroughly researched, backed up by essential data, highly debated, feedback of stakeholders is presented and, depending on the outcome, the law is either scrapped or promulgated while honouring public expectations as well as government concerns. In her paper, “Ten tips for transitioning to legal writing”, prominent American lawyer Danielle Pineres succinctly describes the process: “Research, pre-write, draft, research again, think, re-organise, re-write, revise, proofread and finally — do it all over again after you have received feedback.”

Thus, legislative exercise is no joke and requires tremendous efforts on the part of lawmakers. It can be likened to designing and manufacturing a motor vehicle which calls for meticulous attention to details while guaranteeing the comfort and safety of passengers. The amount of input that goes into creating a hi-tech object cannot be measured by a non-technical person. Likewise, legislation, too, demands a professional approach and cannot be left to the whims of those who know nothing beyond strictly guarding their own privileges and that of their loyalists. When this happens, the broader public interest is usually ignored and the end result is unrest and resistance to laws.

The writer, lawyer and author, is an Adjunct Faculty at Lahore University of Management Sciences (LUMS) and tweets @huzaimabukhari