An experiment that has completely failed, the vision of great leaders is futile for the nation for which it was separated from India. Once it was dreamt that nation would be on parity with its big brother India but the present picture is devastating. The nation is harbouring death squads, leaders of the nation turn into a vendor of delusion, on the world map the nation is now undoubtedly recognised as a heaven for terrorists, the conundrum on the Kashmir, the recent failure on weather war and a goof-up reports, the creeping failures, the recent development is the shocking and utterly unreasonable step from the legislatures of the nation and there is not an iota of doubt that democracy is just a misnomer that is not anymore existing in the nation. The nation about which I am talking is now clear to you, it is the Islamic Republic of Pakistan which is a democratic setup atleast as per the constitution of Pakistan but on the ground, it is a failed experiment. The latest development that will give you goosebumps is regarding the step of Pakistani legislatures and a clear violation of International law norms and basic human rights envisaged under Article 19 of UDHR.
A TOOL TO CURB FREE SPEECH: SHATTERING DEMOCRACY IN PAKISTAN
If you think people not responding to your WhatsApp messages and leaving you with blue ticks is an offence, think again. There are people in Pakistan who believe that making memes should be made illegal and criticism should be a criminal offence. If your mind thinking what about the right to free speech and expression don’t worry about it Pakistani legislatures tried every single attempt to curb it. Pakistan’s new bill criminalizes military criticism with two-year imprisonment coupled with a fine of five thousand Pakistani Rupees. The proposed bill already approved and passed by a panel of national assembly-the lower house of the country’s parliament. By approving this bill, the national assembly panel has approved the amendment in the country’s Penal Code and Criminal Procedure Code 198, sanctioning punishment to those who ridicule armed forces through intended criticism. Criminal Law Amendment Bill, 2020 proposes to amend Section 500 of the Pakistani Penal Code (PPC) which envisaged the punishment for defamation. As per the report, the amendment proposes “punishment for international ridiculing of the armed forces etc. Whosoever intentionally ridicules, brings into disrepute or defames the armed forces of Pakistan or a member thereof, shall be guilty of an offence punishable with imprisonment for a term which may extend to two years, or a fine which may extend to five hundred thousand rupees or both.”
The legislation will curb free speech and even constructive criticism against the army by anyone. It is a major question that is unanswered by legislators as to how they will define what will come under intentional criticism and what will not? It is again to be decided by the sole discretion of concerned authority that can lead to abuse of powers.
THE UNREASONABLE REASONING: WHY PROPOSED AMENDMENT IS UNACCEPTABLE
The proposed amendment has faced criticism in Pakistan itself by the opposition leaders. But, the reasoning tabled by the legislature presenting the bill was completely unreasonable and against the rule of law if we need a comparative aspect to analyze the law. The law is fundamentally a gross error and a step by the legislatures to completely curb down the criticism against the military in any way even if it’s a constructive one.
As per the constitution of Pakistan Article 19 already covered the freedom of speech etc. and the instant subject matter is already covered in the aforesaid article. Article 19 is a fundamental right and such rights cannot be taken by the government except is some conditions laid under the Article. Already, the aspect is covered under the Article and hence the proposed criminal amendment bill is futile. The key to catch here is that in the present time there is no law and any issue arises on the said aspect the discretion is on the judiciary to interpret Article 19 but if the proposed amendment comes into effect, then the criticism of the army is a crime and it curbs freedom of speech which violates Article 19 of the constitution as it is not a reasonable exception provided therein in Article 19. The ridiculous step of legislature once again a cause of mockery and high trolling of Pakistan in their won country as well as in the global arena. The law is for the society and not supposed to against the society but there is an exception which is Pakistan as in past also we have seen some absurd and shocking developments.
The proposed amendment is also violating the International law norms and conventions as it is violating the Universal Declaration of Human Rights Article 19 that envisaged the concept of Freedom of speech and expression The only contention to justify the proposed amendment is that it is a reasonable exception to Article 19 of Constitution of Pakistan but the case is it is not the reasonable one. So here, what legislatures have done simply forcing their justification to uphold their will over the choice of the people of Pakistan. Pakistan is known for this democratic setup has witness arrest in past when the military coup was there in the nation so it is not a very abnormal step but it is an unacceptable and unfavourable step of the current regime of the nation. But what the people can do there, simply nothing if you raise the voice you will be killed or if you survive then you need to exile from there. Simply it is a life without freedom but the nation portrayed itself as a life full of freedom. There is an urgent need to ponder upon it.
One of the basic universal human rights is freedom of speech and expression that is available to all of us. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. The newest development in Pakistan is completely a shocking one but these abnormal things are normal in Pakistan. A Parliamentarian from the ruling party in Pakistan introduced legislation that would punish criticisms of the military in the country. With the advent of the new development in Pakistan, it is clear that the democratic setup in-country is just a rubber stamp but the actual power vests in the hand of the Army. According to the report, the bill is proposed to prevent hatred and disrespectful behaviour against the armed forces. It is pertinent to note here that already military in Pakistan has accused of different allegations against everyone who worked opposite to their interest. According to the 2020 World Press Freedom Index, the country ranked 144 out of 180. Pakistan’s military has been accused of pursuing journalists and other members of Pakistan’s civil society who are thought to be acting against them in any way. Reporters Sans Frontieres (RSF), the international organization that publishes the annual World Press Freedom Index (WPFI), commented on the state of press freedom in Pakistan and the role played by the country’s military in curtailing it. RSF noted, “[t]he influence of this military ‘establishment,’ which cannot stand independent journalism, has increased dramatically since Imran Khan became prime minister in July 2018.” Different instances depict where the country stands in terms of freedom to free speech and why the proposed law is just unreasonable. The murder of journalist Daniel Pearl, the killing of activist Karima Baloch, turned Balochistan into the land of missing people and a hotspot for every plausible crime ranging from murder, extortion to rape and many more instances. The list is continuous and so long if I need to put it up but the crux is that behind all this the reason for murders is directly or indirectly has a nexus with raising the voice against atrocities of the Pakistani military. The new legislation is a tool for adding more fuel and ammunition legally in the hands of the Pakistani Army. It is already too strong in the Pakistani setup.
FINAL WORDS
In summation, the proposed amendment is new ammunition in hands of the Army to curb down the expression, voices, dissents and even constructive criticism by anyone including journalists as well. It needs to be noted that the only justification given by the legislature behind this amendment is to curb down the incidents of defamation against the armed force but is for curbing down the right to free speech. This amendment would make it illegal to ask reasonable questions about the military’s alleged involvement in civilian affairs, which is important in Pakistan because the threat of the democratic project being derailed is still present. The proposed amendment is already heavily criticised in Pakistan as the Minister of the ruling party indirectly passed a criticism as “Absolutely ridiculous to criminalise criticism.’
The finality as if the bill converts into law will depend on the subject to approval by the National Assembly and the Senate (upper house of the Parliament). If it gets passed by the upper house then once again free speech gets curbed by the red tape in Pakistan and the seldom exercised right will just turn into a new misnomer in the nation. Parliament must ensure that this bill is either abandoned or dismissed in the interests of democracy. It is imperative that civil societies across the globe are vigilant in defending the freedom of expression. This is necessary for the enhancement of people’s lives and the creation and maintenance of strong, healthy democratic societies. But in Pakistan all these are just words, it is a hub of global terrorism as proved by UN report.
