Tag Archives: India

The menace within

Pakistan was created to tolerate all people regardless of their race, religion, ethnicity and gender. However, in order to achieve this ideal, and this is palpable from recents events, our country has not matched neighbouring India in building our state institutions as a democratic nation. But this was because Pakistan was caught off guard when treachery struck us and “they”, the Indians, had “Joe”. So we might have an excuse.

Sadly, the military has dispossessed the Pakistanis of Mr Jinnah’s legacy of freedom. In that way Pakistan is still wedded to the vestiges of imperialism. In India, however, Pandit Nehru (or “Joe”) expeditiously settled the country’s constitution, whereas in Pakistan the seeds evil were sown when the venal Muhammed Munir CJ appeased his military masters by murdering democracy in its nascency. Munir upheld Ghulam Muhammed’s dissolution of the legislature in 1954 (for the Constituent Assembly’s failure to produce a constitution within a reasonable timescale) and in doing so he legitimised perpetual tyranny and violence in Pakistan.

I will not expand too much upon what Munir CJ did but he affirmed dictatorship – for example, in Dosso v The State, he used Professor Hans Kelsen’s theory of “pure revolution” to legitimise Ayub’s 1958 military coup d’état. Kelsen, of course, was truly repulsed by this and disowned what Munir falsely attributed to him. Continue reading

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Defending Arundhati Roy

By having made the statement that “Kashmir is not an integral part of India”, the acclaimed Indian novelist and human rights activist Arundhati Roy has angered the Indian government yet again. Earlier on by championing the Naxalite insurgency and by casting doubt on Pakistan’s alleged involvement in the 2008 Mumbai attacks she had made herself unpopular with Indian nationalists and Hindu extremists alike.

But this time the outspoken and brilliant lady might really be in some real trouble as the long arms of the law (i.e. qanoon kay lambay haath) will aim to charge her with sedition as set out in section 124A of India’s Penal Code 1860. If found guilty Roy could be sentenced to a life’s term in prison.

Just to be really Eurocentric, and also because of the fact the Convention is a “living instrument” to be followed universally, Article 10 of the European Convention on Human Rights and Fundamental Freedoms 1950 sets out a person’s right to free speech as:

“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.”

Moreover, the constitution of the world’s largest democracy is far from silent on the rights which Roy enjoys and it is worthwhile setting them out fully so that we can defend her in cyberspace. In the Constitution of India 1950 “fundamental rights” are enumerated in Articles 12-35. More specifically Article 19 establishes that: Continue reading

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