| 29 May 2004 | Saturday | 09 Rabi-us-Saani 1425 |
Hudood and blasphemy laws
Punjab industrial policy
Road users' agony
Powers of tax ombudsman
US incursions into Pakistan
Unjustified invasions
Injustice to teachers
Bomb blasts
Roshan Khan
Entrance test
Strange ethics
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This refers to the article "Shifting social paradigms" (February 9) and the letter "Cost of disregarding social customs "(May 27) by Ameer Buksh Bhutto. Mr Bhutto emphasizes that "laws crystallize and emerge out of cultural norms and customs" and that "laws cannot dictate social change".
The problem at hand is that there is no one society in Pakistan or for that matter in Sindh. Not only is there a stark contrast between urban and rural Sindh, but even in the urban areas there is a great difference between what is considered acceptable from locality to locality.
One would not expect what is considered to be normal in Karachi's Orangi to hold in Defence. The problem is that our laws have emerged from the cultural norms and customs of some of the people, but unfortunately not all of them.
Tribal customs were never practised by those living in urban British India or in Mughal India for that matter. For most urban Pakistanis, a jirga, a sardar, tribal loyalty, etc, are antiquated notions: something found in history books rather than modern society.
The same held true of their grand parents. So what does the government do when the rural society's norms appear to be centuries behind its urban contemporary? Should the writ of urban law 'callously machete [its] way through historical, traditional values with reckless abandon' or should it leave the rural areas to catch up in its own time? It appears to me that some customs have been unaffected even through 1,200 years of Islamic influence.
Should we wait some more? Should we codify a dual system, allowing tribal customs to prevail in matters concerning the tribal people? In that case what happens if an individual belonging to a tribe decides to appeal to a court instead? Hand him or her back to the tribe? What happens if an urban citizen happens to raise the ire of someone from a tribe? Do I have to submit myself before an authority I do not recognize?
Mr Bhutto is sympathetic to the so-called 'feudals', who are being constantly attacked in the press. So, why is it that the much maligned sardars, most of whom are western-educated, have been unable to wield their considerable influence and convince their tribesman to accept that times have changed and to abandon the jirga system? Why not abandon the old system if the new one is better? The tribes in Arabia could abandon not only their old ways, values and customs but their religion and their gods. Is it too much to ask for people who live in a country to follow its laws whether they like them or not?
Mr Bhutto is right when he says that murder has always been a crime in Pakistan and that we do not need to pass special laws for the protection of women. He is also right when he says that "the only way to get rid of the jirga system is to revamp and revitalize the administrative, judicial and law-enforcement system".
However, since most of the sardars sit in our provincial and national legislatures, it seems peculiar to me that this state of affairs still continues. How can they sit on two bodies that are antithetical in nature? How can they promote the administrative, judicial and law-enforcement system and still maintain the tribal system?
Mr Bhutto writes of the Mahar and Almani tribesman collecting in Ghotki. Why haven't the leaders of these tribes told their people to lay down their arms and to submit themselves to the law of the land? Why is it that if the law authorities were to try to arrest the leaders involved in the fighting, they would fail? Why have the sardars been unable to prove 'drawing-room philosophers' like me wrong by implementing imaginative solutions to these problems rather than carrying on with centuries-old customs?
Mr Bhutto is right when he suggests that education is the way to progress. Unfortunately, that isn't going to happen soon either. How many lives will be lost until this social evolution takes place and tribal customs catch up with those of their urban contemporaries?
MUEED PEERBHOY
Kingston, Ontario, Canada
Hudood and blasphemy laws
President General Pervez Musharraf is reported to have said: "The nation should not shy away from examining the Hudood Ordinance (sic) by scholars, lawyers and legislators within the teachings of the Holy Quran."
He went on to say that the Blasphemy Law needed to be looked into so that justice was done and it was not misused to victimize the innocent (Dawn report, May 16). The president pointed out that "they are man-made laws" (Dawn report, May 25).
No sane person would dare say that justice should not be done or that any law whatsoever should be allowed to be misused. Nor is a re-examination of laws be considered wrong.
However, it is an unsavoury truth that a small vocal section in our country, which is more interested in the outright repeal of these laws, has been attacking them in such nasty a way and meddling in such vitriolic propaganda as to render their discussion on purely objective grounds a virtual impossibility. This group has driven many people to believe, in reaction, that even a slight would mean a move towards de-Islamization and secularization.
In such an atmosphere of suspicion and distrust, any re-examination of the Hudood ordinances or the Blasphemy Law is bound to prove not only counter-productive but is sure to worsen the situation. It should be recognized that:
1. Hudood, as such, and the provision of blasphemy both are an integral part of Islam and they are not man-made.
2. The sole purpose of a re-examination should be to bring the Hudood Ordinances into total conformity with the provisions of the Holy Quran and Sunnah wherever they happen to violate them. With regard to the Blasphemy Law, ways and means should be considered for their effective and judicious implementation.
3. Recommending measures that may directly or indirectly, explicitly or implicitly, render these laws ineffective, inoperative, infructuous should not be permitted.
DR FAZLUR RAHMAN
Director, Islamic Guidance Trust, Karachi
Punjab industrial policy
The recent statement of the Punjab minister of industries about the Industrial Policy 2002 is misleading. In fact, it is a slap in the face of the labour class.
The industrial policy is meant for the industrialists of Punjab. It is against all norms of social justice as well as ILO conventions. In the name of non-intrusion and investment, it has violated the rights of labour. First, it has stopped the labour department from inspecting factories, thus giving a free hand to the industrialists to violate labour laws.
Second, this policy is a hindrance in the way of speedy justice. Aggrieved workers are forced to lodge individual complaints in a court of law. Poor workers cannot face the rigours of court proceedings for long.
It also belies the fact that previously the labour department was responsible for reimbursing the unpaid dues of aggrieved workers to the tune of thousands of rupees regularly, obviously through conciliatory means.
Third, the failure of this policy can be gauged from the fact that 95 per cent of the industrialists of Punjab have yet not returned the declaration form even after a lapse of one year.
This is despite millions having been spent by the government on advertising and coaxing the industrialists into supplying the required information. Both national and international organizations are crying hoarse against the Industrial Policy 2002, but our industrialist 'think-tank' of Punjab has flatly refused to listen.
We appeal to President Pervez Musharraf and the political parties to come forward and save the oppressed and exploited workers of Punjab from this injustice.
ADEEL
Lahore
Road users' agony
Through your esteemed newspaper I would like to draw the attention of the Karachi city administration and other relevant agencies to dilapidated road condition and unauthorized occupation of footpaths in Khokhrapar (Malir Extension) and Saudabad.
Reconstruction of the main double Khokhrapar-Saudabad section started about four months ago. One section is closed permanently in the name of reconstruction. The other single track has been converted into a double track (making use of the doctrine of necessity).
The present conditions are so unsafe that two buses coming from the opposite direction have to work hard to pass by each other so as to avoid rubbing each other.
Suffering does not end here. Shopkeepers along the roadsides with the blessing of the town administration have extended their shops on to footpaths, thus forcing pedestrians to walk on the road. On top of that, all the earth-moving machinery brought to the site is idle.
The recently-constructed footpaths in the area have blocked all the entrances leading to houses. Such a mindset shows that our town planners have assumed that there will never be a need for an emergency vehicle to get to the houses.
There is another road linking the post office to the Khokhrapar police station. The shopkeepers along this road have brought their stuff on to the footpath. And their working platforms have been fixed on the road.
Motorcar mechanics along the roadside have parked the hulks of vehicles, occupying the area permanently. Laxity shown by the town administration has disturbed the normal flow of traffic to the great inconveniences of the pedestrians. Is there any agency which could correct this situation?
One hopes that those entrusted with the responsibility of serving the area would do their job properly. They are paid for this.
MOHAMMAD SHAFIQUE KHAN
Karachi
Powers of tax ombudsman
As a (salaried) taxpayer and as someone who greatly values any initiatives towards making the bureaucracy accountable to the citizens, I was happy to read Taxpayer's letter on the above subject (May 23).
I fully agree that the creation of the federal tax ombudsman (FTO) in 2000 was a step in the direction of making less-than-careful CBR officers accountable to an independent body representing the interests of taxpayers.
In addition to disposing of 4,000 cases since its inception, the FTO has played a pivotal role in tax refund matters. I was, however, dismayed by what 'Taxpayer' has reported as curtailment of FTO's original powers and jurisdiction.
I agree that the imperative for the CBR is maximizing tax revenue, but that should not be at the expense of oversight over the ways and means adopted by it to achieve that objective.
My perception is that for some reason, the FTO chooses to remain in low profile; if it was created to provide a mechanism for taxpayers to seek redressal and relief, that fact should be as widely known as possible.
Is it that the FTO lacks resources, or does it feel discouraged to come out fully into wide public knowledge due to outdated paradigms obtaining among those who apparently enjoy clout with the powers that be?
SYED MUMTAZ SAEED
Karachi
US incursions into Pakistan
US Deputy Secretary of State Richard Armitage has apologized for incursions of US troops into Pakistan's territory (denied by US spokesman in Kabul) and assured that such incidents will not happen again.
The incursions have followed oft-repeated statements by Wolfowitz, Christina Rocca, Khalilzad and Lt-Gen David W. Barno, the commanding general of the Combined Forces Command in Afghanistan, demanding that Pakistan should take effective steps to eliminate members of Al Qaeda.
In US perception, there is apathy on our part to deal with them. This needs to be corrected as primarily it is in our own national interest to eliminate them from our territory.
It just so happens that in this case ours and US national interests converge. Each time an incursion occurs, we have to find a 'probable cause' to placate our own citizens. This is an apologetic approach and we must give it up. We must take appropriate steps in accordance with international law to stop recurrence.
Armitage's remarks that the incursions were accidental are unsustainable for two reasons. First, they have followed the rhetoric that "you do more or we will". The intent of incursion is there in this threat.
Second, US troops are equipped with the latest navigational aids and led by Afghan soldiers who are fully familiar with the area. It is inconceivable that they can go astray and accidentally cross into Pakistan.
America's perceptions are tinted by its world view of terrorism and jihad. To it, every Muslim foreigner living in the tribal area is an alien and a terrorist. We also tend to blindly follow this definition and start hunting them.
The 'aliens' are kinsmen to our tribesmen. For this reason, the Lashkars do not find any aliens in their area. The Lashkars formed on the orders of the administration in any case are ineffective as they are not convinced of the genuineness of the mission assigned to them.
On the other hand, the Lashkars formed by local jirgas to punish violators of tribal laws and customs proceed with a missionary zeal and are most effective. Under pressure from official Lashkars, the aliens if any melt away into the rugged terrain on either side of the border and reappear when the pressure dissipates.
We need to correct the US perception and educate them about the ground realities and tribal sensitivities. Fighting terrorists in such an inhospitable terrain is easier said than done.
A distinction has to be made between terrorists and naturalized peaceful jihadis of yesteryear who are now permanently absorbed in the tribal society. A different strategy is required to deal with them.
Separate rules for registration should be devised for them and the task of registration left to the tribal sardars who should also be made responsible for keeping an eye on their activities and who should be held accountable for their misconduct.
These registers should be made available to the administration when required. Confrontation must be avoided and a conciliatory approach adopted in our dealings with the tribesmen.
We should also ask Washington for state-of-the-art radar detection systems, satellite location systems and gunship helicopters.
S.M.H.BOKHARI
Rawalpindi
Unjustified invasions
It is an irony of fate that a so-called superpower is going all out to terrorize the entire mankind. The American invasion of Afghanistan and Iraq could never be justified.
Rogues, liars and killers are out to bully the poor nations of the Muslim world. After inflicting heavy destruction and brutal mass killing on Iraq, which is still going on, US Secretary of State Colin Powell has confessed that the information fed to the UN Security Council concerning the weapons there was fake.
An adventure based on lies has now been exposed but the leadership of the US and its allies is still boasting of its so-called "human liberation" operation.
I always draw a line between American citizens and their stubborn rulers. I want to appeal to the good nature to think without bias about how America is being depicted to the world by their arrogant president, his lieutenants Rumsfeld, Powell, Rice, etc., and a handful of powerful Zionists. America's superiority complex will lead it to great humiliation.
It is high time the Americans realized the sentiments prevailing throughout the world and contained their expansionist rulers.
HAFIZ M. IDREES
Lahore
Injustice to teachers
I started teaching at a private school in Multan in August 2003. Now I have been asked to quit without any prior notice. My appointment letter clearly states that in such a case the school management is liable to pay the employee 60 days' pay, but my employers have refused to pay me the dues.
Similar practices may be prevalent in many private schools. Will someone in authority stop such exploitation?
MASOOMA HALAI
Multan Cantt
Bomb blasts
Terrorism is ruling Pakistan; every other day we have a bomb blast, a firing incident or some other type of terrorism. The latest incident took place on Wednesday when two car-bomb blasts rocked Karachi, leaving one person dead and 34 others injured and creating panic and fear in the city.
Every time an act of terrorism occurs, General Musharraf and his people pledge that they will do everything possible to check the growing incidence of terrorism, but I believe that this is talking for the sake of talking.
We, Pakistanis, need help; certainly I do not want to live a life of fear, worrying about my family and myself.
FAWWAD SHAFI
Karachi
Roshan Khan
You will be sad to learn that squash legend Roshan Khan is lying unconscious in a hospital in Karachi. During my visit to the hospital, it gave me immense pain to see such a giant of a person on the squash court reduced to such an unhappy state.
I cherish the warm memories of getting to know the great man quite well during the mid-1970s when I was secretary of PN Fleet Club, Karachi. Then the young Jehangir Khan and his brother Torsum Khan were being groomed by their illustrious father.
The subsequent international fame attained by both brothers for themselves and their country with their brilliant performance on the squash court is known to everyone who is interested in the game.
After a hard coaching session, Roshan Khan would come to my office to share a cup of tea and chain-smoke the strong brand of cigarette he preferred. We would then proceed to the billiard room where the grandmaster of squash would thrill me with his superb billiard strokes.
Unknown to many he was an accomplished billiard player but never took up the game professionally. His love for Pakistan was so strong that he declined many lucrative offers to work abroad.
I am sure that all his fans and well-wishers would join me in praying for his early recovery and wishing him a long and healthy life.
M.A. SABZWARI
Karachi
Entrance test
The Punjab government authorized the University of Health Sciences to take the entrance test for admission to medical colleges in 2001. For unknown reasons the chief minister has now authorized the University of Engineering and Technology to hold the test.
At the same time he said that the government would abolish the entrance test gradually as it was an undue burden on students. He admitted that the entrance test condition was playing havoc with the students, specially those belonging to the rural area and southern, who are much less used to such mass testing.
It is unjust to judge a student's 12 years of studies on the basis of a single test, and it should be abolished forthwith rather than gradually.
HUMERA EJAZ
Qila Didar Singh
Strange ethics
It is barbaric to decapitate someone with a knife but civilized to do the same with laser-guided bombs.
JAVED KHAN
Haripur Hazra
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