Constitution - Articles 11 to 20

Constitution of Pakistan

These articles fall under Chapter 1 of Constitution of Pakistan

Chapter 1 lists the Fundamental Rights of Citizens of Pakistan and all articles from 8 to 28 are in this category

11- Slavery, forced labour prohibited
12- Protection against retrospective punishment
13- Protection against double punishment and self incrimination
14- Inviolability of dignity of man
15- Freedom of movement
16- Freedom of assembly
17- Freedom of association
18- Freedom of trade, business or profession
19- Freedom of speech
20- Freedom to profess religion

Article 11 - Slavery, Forced Labour, etc., Prohibited

(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service

(a) by any person undergoing punishment for an offence against any law; or

(b) required by any law for public purpose:

Provided that no compulsory service shall be of a cruel nature or incompatible with human dignity.

Article 12 - Protection Against Retrospective Punishment

(1) No law shall authorize the punishment of a person

(a) for an act or omission that was not punishable by law at the time of the act or omission; or

(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.

Article 13 - Protection Against Double Punishment and Self Incrimination

No person—

(a) shall be prosecuted or punished for the same offence more than once; or

(b) shall, when accused of an offence, be compelled to be a witness against himself.

Article 14 - Inviolability of Dignity of Man, etc.

(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

Article 15 - Freedom of Movement, etc.

15. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof.

Article 16 - Freedom of Assembly

Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

Article 17 - Freedom of Association

(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan or public order and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan [or public order], the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.

(3) Every political party shall account for the source of its funds in accordance with law.

(4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.

Article 18 - Freedom of Trade, Business or Profession

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business:

Provided that nothing in this Article shall prevent—

(a) the regulation of any trade or profession by a licensing system; or

(b) the regulation of trade, commerce or industry in the interest of free competition therein; or

(c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

Article 19 - Freedom of speech, etc.

Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, commission of or incitement to an offence.

Article 20 - Freedom to Profess Religion and To Manage Religious Institutions

Subject to law, public order and morality,—

(a) every citizen shall have the right to profess, practice and propagate his religion; and

(b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.

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10 Comments »

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    Pakistani constitution is useless, not worth the paper it is written on. When do we ever get these rights?

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  2. taimurdar Says:
    July 3rd, 2008 at 6:44 am
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    ARTICLE 20 - interesting………

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  3. taimurdar Says:
    July 3rd, 2008 at 7:11 am
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    And you people are talking about eliminating the SHARIAT imposing people in their region!

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    @taimurdar
    Would you define Shariat? I am sure its not the theology that illiterate mullahs and fanatics use for their own supremacy. Islam is against using force and they make one or other excuse to use it. Islam wants to educate men and women and they dont want it since its against their jahil culture. They desreve sever punishment for bringing bad name to us and our religion.

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    i am skeptical about article 20 if that is really in place

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    Re: @taimurdar

    Do you not see the contradiction in the phrase, “Imposing Shariah”?

    If Islam requires that your intentions are far more important than the actions and the words. That if you help someone just for show or pray only to impress the crowd, your prayers and all your good deeds are meaningless in the eyes of God. Why then would God want to impose or force upon you his laws? Doesn’t God say that if he wanted everyone to be Muslim and a certain way, he could have simply done that.

    Islam is the true religion and a true religion is perfect and does not need to be forced on others. Forcing Islam even on the Muslims will make its followers push back. What good is Shariah if it can only be followed if under the threat of violence. Do you think Allah wants to force you to believe in his laws? If that were the case then intentions would have no meaning in Islam. But the fact remains that Islam is all about what is in your heart not what’s on the outside. Praying five times a day at gun point will not earn you a place in Jannah, nor will it save the bearded Taliban pointing the gun at you.

    Our constitution is an excellent document. The first chapter deals with the fundamental rights and it is similar to the Bill of Rights in the US Constitution.

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    Does Article 20 (a) afford the right to a previously mulim citizen to profess him/herself non muslim without fear of retribution?

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    The Constitution of Pakistan guarantees freedom to profess religious beliefs and manage religious institutions (Article 20), protection of minorities and safeguard of their legitimate interests and rights. (Article 36) and safeguard against discrimination in the services (Article 27). However, in complete contradiction, the article 41 (2) states, “A person is not qualified for election of president of Pakistan unless he is a Muslim.” Through the amendments effected in 1985, the articles 51 (2A) and 106 (3) pronounce: “The minorities have been granted separate electorates for the national assembly: 10 seats in a house of 217 and 23 seats for all four provincial assemblies of 483 total strength.” The Law of Evidence, promulgated under the Zia rule does not accept a non-Muslim as a full witness (two non-Muslim witnesses equal one Muslim). A non-Muslim cannot perform as a judge in a suit brought under Islamic laws. The discrimination that has been codified in the law is besides the discrimination and marginalisation that the minorities face at the hands of society. Christians, Hindus, Parsis and Ahmedis are routinely subjected to discrimination one way or the other.

    Taken from: Stop demonising the minorities
    http://www.thepost.com.pk/vis.aspx

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    These FUNDAMENTAL RIGHTS are not for the common people, but for very high govt functionaries, like the President / PM etc, & for landed classes awarded STATE LANDS & TITLES.

    Those State Lands & Titles were awarded for various to the NATIVES, for their
    ‘ SERVICES ‘ to the British Crown, during their, over-200 years British rule over the Indian sub-continent.

    Their ‘ Services ‘ included SPYING, FIGHTING in a WAR, whether Singularly or Collectively; for BUYING OVER THE LOYALTIES, of the anti-British people, so on & so forth.

    These people were given titles, such as MIr Sahibs ( remember Mir Jaffer & Mir Sadiq, of Bengal ? ) Khan Bahudar Sahibs, ( remember,K.B. Ali Cooli Khan of the N.W.F.P ? ) Sardar Sahibs of Balochistan, Pir Sahibs of Sindh ?

    Some times, apart & sometimes along with the titles, these great NATIVES
    were awarded state lands, AS FAR AS EYES COULD SEE., or villages uopn villages, SURELY, NOT FROM THE POCKETS OF THE BRITISH RULERS.

    Remember, Pir Pagara’s interview in ‘ Nawa-i-Waqt ‘ a local Urdu newspaper,
    in which he quoted a letter written by ‘ Sardar ‘ Shaukat Hayat, ( the CM of Congress Govt in Punjab, in mid 30 ’s, ) to Winston Churchill, the PM of England, asking what will happen to such ‘ DOGS , like himself, & to other
    ‘ Most Humble Obedient Servants ‘ in the future muslim country of ‘ Pakistan ‘ when Indian Congress leaders, like Sardar Patel & Jawaher Lal Nehru, were
    crying hoarse, that once India gained Independence,they will take back ‘ such’
    state lands & titles from the ‘ natives. ‘

    PM, Winston Churchill was quoted, by Pir Pagara, to have replied back, that nobody should worry on such an account, because in the ‘ Land of the Pure ‘
    which the British have intended to make, or the country called ‘ Pakistan ‘
    IT WILL BE ENSURED, THAT NO LANDS ARE TAKEN BACK, ( or nobody to be touched ) NOR ANY TAXES TO BE COLLECTED FROM THEM !

    So if a BLOODY REVOLUTION has to come, it has to wipe off such privileged
    classes, ; ONLY & ONLY THEN, THE COMMONERS will come to the fore,& THEN & ONLY THEN,CAN THEY DEMAND FUNDAMENTAL RIGHTS !

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    Remember latest music score ‘ Hum Dekhain Gae ‘ ? Phir Loag Dekhain Gae, Ke Kia Hashar Barpa Hota Hae Oon Qom Ke Thaikae Daron Ka ?

    Since i am from N.W.F.P, I know somewhat about the life story of COOLI Khan, ( once really a Cooli, a porter ; ) later his name was converted to KULI Khan. ( It’s no harm whether he once worked as a porter or whatever ; ) but the fact remains that to make a better living, he accepted the ‘ services ‘ of the British intelligence Servive.

    He used to SPY for the British & against the Pathans & Agahans, The British have written very lovingly about his ‘ exploits ‘ especially when he helped in rescuing a British girl kidnapped by the tribals as a revenge for a wrong done by the British on those tribals. An urdu film was also made on the subject, in Pakistan, way back in early 60 ’s.

    She was the daughter of a British official then serving in the N.W.F.P,& after negotiations through Cooli Khan, she was left un-harmed. During her captivity, she was very well looked after, like the Talibans did , to the British woman journalist, after catching her in a burqah. So much so, that everybody knows that she was so much impressed by the Talibans, that she converted to Islam, on her own.

    I wrongly wrote his name as Ali cooli, as above,. I am sorry for the error.His name was something else, but he came to be known as Cooli Khan. He had three sons ( as much that I know , ) namely Aslam Khan Khattak & Yusaf khan Khattak, later both Muslim League Politicans.

    The third was Habibullah Khan khattak ; who joined the army & rose later to the rank of Lt :General. His son Ali kuli, also joined the army, was a
    course-mate of Pervez Musharaf in P.M.A Kakul ,& where he stayed only for six months ; & being an outstanding cadet, he was selected for remainder training of two years, at British Military Academy, at Sanhurst, England. he also rose to the rank of a Lt ; General.

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