uman rights occupy central significance in a constitution, i.e., the social contract between the state and its citizens. The state, possessing enormous capacity and monopoly of violence, cannot infringe upon the rights of the citizens.

The development of the concept of human rights spans several millennia. The United Nations Universal Declaration of Human Rights was a landmark in the long history of human efforts for collective consciousness. It stated that “inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” The idea of human rights has evolved to the present state across time periods, cultures and regions; and many theorists and activists have contributed to its evolution.

The US Declaration of Independence stated three basic ideas: (1) God made all men equal and gave them the basic rights of life, liberty and the pursuit of happiness; (2) the main business of the government is to protect these rights; (3) if a government tries to withhold these rights, the people are free to revolt and set up a new government. If we analyse these postulates, it is not difficult to point out that the framers of the declaration segregated women from men and, arguably, did not include the black people in the category of men. A long struggle had to be undertaken to bring these black men to a par with the white men. Likewise, women have struggled long to get their rights.

Articulated in her celebrated book A Vindication of the Rights of Women (1792), Mary Wollstonecraft (1759-1797) argued that the misery of women was due primarily to the faulty education they received, an education designed in such a way by men that it turned women into alluring mistresses. She argued that “by training women to value pleasure and to delight in the trivial attentions and courtesies bestowed by men, society stunts the human development of women.” The indelible contribution of Mary will remain etched in the history of human rights.

Martin Luther King Jr (1929-1968), in his famous Letter from Birmingham Jail which was published in his book Why We Can’t Wait (1964), explained that blacks in America had waited for more than three centuries to gain basic human rights and should wait no longer. He drew a distinction between just and unjust laws: just laws should be obeyed while unjust laws were not binding because they contradicted moral laws and debased human beings by denying their human rights.

In his insightful treatise, A Theory of Justice (1971), John Rawls (1921-2002) contended that the specific laws and practices in a society were just “if they result from basic principles that are themselves just.” He stipulated two principles: first, each person should have the maximum basic liberty (such as freedom of speech, the right to vote, and freedom from arbitrary arrest) compatible with a similar liberty for the others; second, social and economic inequalities should be regulated in a manner likely to work to everyone’s advantage and provision of equality of opportunity. Further, the second principle cannot be employed if it violates the first.

The operational aspect of the enforcement of fundamental rights has been a weak side throughout the history of Pakistan. The impunity of the violators has increased with the passage of time, creating a sorry state of affairs with regard to the country’s position in international rankings dealing with the protection of individual freedoms.

Muslim theorist, Al Farabi (870-950 AD), proposed a theory of “mutual renunciation of rights,” which argues that a constitution is an agreement between individuals (citizens) and the state and no one should infringe upon the rights of the other. Fundamental freedoms are the basic political liberties essential in a democracy. They, in general terms, require that an individual can act, think, be or do without interference from the government unless a law says otherwise.

Furthermore, in Pakistan, there cannot be a legislation in contravention of the fundamental rights or freedoms as enunciated in the constitution.

While responding to the question, “What is freedom?” Tahir Kamran—the leading Pakistani historian and academic — argued that “freedom is the most important value for the individual as well as communities and nations.” With the only exception of Thomas Hobbes, all classical thinkers, including John Locke, Karl Marx, Immanuel Kant and John Stuart Mill, have yearned to safeguard individuals from the control, surveillance, repression and subjugation mechanisms of the state.

The Constitution of Pakistan’s Articles 8-28 deal with the subject of fundamental rights. It says in Article 8 that any law, custom or usage having the authority of law, in so far as it is inconsistent with rights conferred by the constitution, shall be deemed to be void ab initio. These articles cover a range of rights from security of person and safeguards as to arrest and detention to slavery (forced labour) and freedom of trade, business and profession. The constitution also protects freedoms of expression and professing one’s religion and managing religious institutions. The constitution also guarantees right to information and non-discrimination in respect of access to public places as well as the individual’s right to preserve their language, script and culture.

The operational aspect of the enforcement of fundamental rights has been a weak side throughout the history of Pakistan. The impunity of the violators has increased with the passage of time, creating a sorry state of affairs with regard to the country’s position in international rankings dealing with the protection of individual freedoms. The country has also not fared well in the area of freedom of the press. There has been news, for instance, of frequent muzzling of voices in favour of missing persons and political dissent.

According to the Reporters without Borders Index, Pakistan was recently ranked 150 out of 180 countries on press freedom. Although it is unprecedented, it does not include the level of self-censorship. Journalists continue to be harassed and hounded.

Pakistan has experienced long tenures of dictators, reversed every time to the default position of democratic restoration. Most of the democratic downslide has taken place during the dictatorial regimes presided over by military leaders. Resultantly, the tradition of expression of dissent has waned in the country and people do not come out in large numbers to protest a breach of their fundamental rights. The degrading human rights situation is a prime concern of the citizens of Pakistan.

The writer heads the History Department at University of Sargodha. He has worked as a research fellow at Royal Holloway College, University of London. He can be reached at abrar.zahoor@hotmail.com. His X handle: @AbrarZahoor1