Side-effect

by Harris Khalique

There is something good in what is happening in Pakistan. While elite-dominated state institutions are playing a chess game with each other, and where pawns don’t work they try bishops and rocks to reach out to the ranks of their adversaries, they keep telling the spectators that the game is being played according to the rules of the game. In this case, the rules being the Constitution of Pakistan, the supreme law of the land. And supreme law of the land it should remain, however weak or confusing some of its parts may be. It is and should always be only the prerogative of the legitimately elected parliament to revise, amend and improve it. Or at some stage in future a new constitution is written and endorsed by a constituent assembly as some of us feel who believe in the redefinition of the state of Pakistan, a people-centred economy, full provincial autonomy and realisation of rights of nationalities, inclusion of women and non-Muslims in the mainstream and creation of a modern, rational and educated society.

But the good thing is that the Constitution is being referred to, and nobody has the gall to say anymore like Gen Ziaul Haq that the Constitution is nothing but a disposable piece of paper. In the past couple of years, Articles 2, 6, 19, 58, 62, 63, 177, 243, 246, 247, 248, etc. have been either invoked, referred to or discussed in parliament, courts of law, legal fraternity, intelligentsia, print and electronic media and political party meetings. Those from the left continue to object to the Objectives Resolution being made the substantive part of the Constitution by Gen Ziaul Haq in 1985.

When he restored the disposable piece of paper in his own words, he got the word ‘freely’ removed from the clause in the original draft of the Objectives Resolution where religious minorities were given the right to practise and profess their faiths. There are other articles as well introduced by the dictator which are considered discriminatory and draconian for women and non-Muslim Pakistanis particularly relating to evidence, hudood and blasphemy. All said and done, it is parliament which should look into getting rid of such articles and clauses that create an inherent bias in the Constitution.

But there is an article seldom mentioned by those in positions of influence and authority, neither those who claim to be people’s representatives nor those who consider it sacrosanct to observe the Constitution in letter and spirit. That is Article 38. I have mentioned it before also but when a third of the country is malnourished, half of the children of school-going age are seen and treated as street urchins, young girls kept as maids by the affluent are either starved or burnt alive by their employers, there is a need to remind the state of Pakistan and its sovereign parliament of this article. It is a commitment of those who govern to the citizens of this country.

The space I use is insufficient to quote the full text but part (a) of the article says, “The state shall secure the wellbeing of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing concentration of wealth and means of production in the hands of a few to the detriment of general interest…” Part (d) ensures the provision of basic necessities of life including food, clothing, housing, education and medical relief. Let’s see who discusses Article 38, the courts or parliament.

The writer is a poet and advises national and international institutions on governance and public policy issues.