Pakistani law students and law graduates report to JURIST about events in the country that impact the legal system. Abu Bakar Khan is a final year law student at the Faculty of Law, Punjab University. He applies for this posting from Lahore.
Lahore hosted the 5th Asma Jahangir Conference entitled “The People’s Mission: Safeguarding Civil Rights in South Asia” over the weekend of April 27 and 28. The event attracted a diverse group of participants, including Supreme Court and High Court judges, legal experts, politicians, human rights activists, journalists, and ambassadors from various countries. The conference covered a wide range of topics, from justice, law and freedom to fundamental rights, press freedom and gender equality. Discussions also delved into local issues such as state dynamics, climate change, and election issues, among others. The event, attended by representatives from a variety of sectors, provided a platform for discussion that reflected the voices of their respective communities.
Established in 2018, shortly after the passing of Pakistani human rights lawyer and social activist Asma Jahangir, the annual conference perpetuates her legacy of courage and conviction. Asma earned her nickname “The Voice of the Voiceless” through her relentless pursuit of her ideals of justice and democracy. She raised her voice loud and clear against Pakistan’s political, social, economic and legal deficiencies and abuses of power.
Her activism began at the age of 18, when she challenged her father’s wrongful imprisonment under martial law in the landmark case, Miss Asma Jilani v. Government of Punjab. Finally, in 1972, the Supreme Court concluded that Yahya Khan (reigned 1969-1971) had usurped power by unfair means and declared his martial law regime illegal. In 1978, two years after graduating from Punjab University, she founded AGHS, Pakistan’s first women’s law firm. In 1981, Asma Jahangir played an important role in the establishment of the Women’s Action Forum, aimed at defending women’s rights. He later co-founded the Human Rights Commission of Pakistan (HRCP) in 1986, a powerful platform that spotlights the plight of marginalized groups such as ethnic and religious minorities, women, children, and political dissidents. The committee was used as a At the same time, Ms. Jahangir, along with her AGHS colleagues, transformed the organization into a pioneering legal aid center, providing critical support to people affected by unjust laws and social injustice. This includes supporting cases involving unjust laws and social injustice, supporting women accused of moral crimes, defending religious minorities, and supporting forced laborers.
Alongside her legal and advocacy work, Asma Jahangir has written two books: Hudood Ordinances: Divine Sanction? Children of the Lesser God examines the negative impact of General Zia’s implementation of Islamic criminal law on marginalized groups and sheds light on the plight of child prisoners in Pakistan’s prisons. Asma served as the United Nations Special Rapporteur from 1998 until his death, playing a pivotal role in addressing global human rights issues. In the mid-1980s, Asma Jahangir Zia emerged as a prominent critic of General al-Haq’s Islamist regime. This period demonstrated significant opposition to Zia’s authoritarian rule, resulting in Zia’s handpicked unelected parliament, the Majlis-e-Shura, passing a resolution accusing her of blasphemy and calling for her execution. The allegations are based on statements allegedly made by Jahangir during a Women’s Action Forum (WAF) rally. WAF recordings refuted Asma’s supposed statements even as General Zia set up a committee to investigate the accusations.
In 1990, Asma Jahangir successfully represented Darshan Masih in a landmark slave labor case (Darshan Masih v. State, PLD 1990 SC 513). The court’s ruling recognized the exploitative nature of the brick kiln system as forced labor, making it clear that slave laborers could seek legal recourse through informal means such as telegrams. This pivotal case laid the foundation for the enactment of the Slave Labor Abolition Act of 1992.
In 1995, Asma Jahangir bravely defended 12-year-olds Salamat Masih and Rehmat Masih, who were sentenced to death for blasphemy by a court. Despite facing threats and attacks for her own advocacy, she appealed her conviction to the Lahore High Court. Asma was attacked for pursuing her case, but undeterred, she acquitted both defendants. Tragically, the judge who presided over the case, Arif Iqbal Bhatti, was later assassinated in his courtroom at the Lahore High Court. The case was then appealed to the Supreme Court, which granted the defendant bail. (Salamat Mansha Masih vs. State, PLD 2022 SC 751).
In 1996, 22-year-old Saima Waheed’s courageous decision to marry a man of her own choice sparked a legal battle that reverberated across Pakistan. Faced with her rejection and fear for her life, she fled from her home. In response, her father filed a writ of habeas corpus, arguing that Saima’s marriage without the consent of her guardian (wali) was invalid under Islamic law. Asma Jahangir took charge of Saima’s case, navigating the difficult legal process and ultimately obtaining a judgment in Saima’s favor in the Lahore High Court, recognizing her marriage. Subsequently, the Supreme Court’s judgment in Hafiz Abdul Waheed v. Asma Jehangir (PLD 2004 SC 219) established that women over the age of 18 can marry without the need for parental consent, and This was a landmark decision in the protection of rights. come.
In 1999, Asma Jahangir took on the case of Saima Sarwar, a woman who sought refuge at Dastak (a home run women’s shelter founded by Asma) after separating from her husband and seeking a divorce. Tragically, Mr Sarwar was subsequently murdered in Mr Jahangir’s office in an honor killing, highlighting the immense risks involved in taking on these types of cases in Pakistan. Furthermore, Jahangir challenged the arbitrary arrest and search of vagrants by the Punjab Police under the outdated Punjab Vagrancy Ordinance, 1958. She argued that Pakistan, as a welfare state, was not fulfilling its obligations to provide education, healthcare and employment opportunities to its citizens. Therefore, harsh restrictions imposed on the poor and needy are unjust. The Lahore High Court rejected her petition, but directed the administration to distinguish between professional begging and necessity begging, and guided the application of detention on an individual basis.
In addition, Mr. Jahangir successfully intervened in child custody matters, securing custody of the mother’s minor male child in accordance with Islamic law after the father had illegally usurped the mother’s custody for many years. In October 2010, amid mounting pressure on her lawyers, she made history as the first female president of the Supreme Court Bar Association. Throughout her career, Asma kept a close eye on Pakistan’s political situation and resolutely pursued institutional reforms to protect human rights. In her final speech, delivered just two days before her death, Jahangir spoke passionately to young Pashtuns gathered in Islamabad about their agitation over extrajudicial killings and enforced disappearances.
The Asma Jahangir Conference in Lahore honors her enduring legacy of courage, advocacy, and unwavering dedication to justice. From his revolutionary legal successes to his courageous defense of the underprivileged, Asma’s Jahangir’s legacy lives on, motivating future generations to fight for civil rights and democratic principles across South Asia and beyond. is given.
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