| July 12, 2006 | Wednesday | Jumadi-ul-Sani 15, 1427 |
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State legislation and religion
Freedom to abuse
Security for army officers
The unkindest cut of all
UN’s top job
Sharing of oil revenues
Violating dignity
Precious Iraqi lives
Searching for a friend
Punjab crime wave
Zizou’s exit
MR Tahir Mirza’s articles ‘A new constitution?’(June 30) and ‘Study in temporising’ (July 7) can be looked at from another angle. The 1973 Constituent/ National Assembly comprised a minority of leftover members from the 1969 elections. Those elections were held in a country of nearly 150 million people, with two national languages and a completely different geography, with the Bay of Bengal and the Arabian Sea touching its shores.
The votes were guided by rivalries, conflicts and controversies between East and West Pakistan. Actually they were elections of another country, in another time. An assembly of leftovers from these elections cannot be recognised, without fresh elections. The Constitution that the so-called elected members put their signatures to in 1973 was perhaps a good one, but void, legally.
We may give legitimacy to the 1973 Constitution by accepting it as a document created by wise men from all the four provinces who honestly and after a thorough deliberation, with a spirit of cooperation and dedication, reached a consensus on how we would govern ourselves.
The authors had no doubt taken part in an election earlier in 1969 but that would be irrelevant. It would be somewhat like the Constitution of the United States, which was put together by the founding fathers. The parliament, i.e., the Congress (House of Representatives and Senate) came later.
Amendments to our Constitution, of course, are a different issue. They were bulldozed through, one way or the other by the concocted assemblies, specially the ‘non-party’ type, which came into existence by devious means. The first elections acceptable to the people, in fact, took place after the crash of the PAF C-130 aeroplane at Bahawalpur. Hence Hudood laws, blasphemy laws, the Eighth Amendment et al should be scrapped completely.
We should also let God decide who is a Muslim and who is not. Half measures like amendments and alterations won’t do. We would thus revert to the original 1973 Constitution which seems to be the popular demand (without, of course, dates specified by vested interests) and to borrow from the Quaid-i-Azam’s words, get rid of the ‘moth-eaten’ version that has evolved since 1973, to date.
We could make it a little more difficult to amend and to keep us from getting derailed again, the first speech of the Quaid-i-Azam to the Constituent Assembly of Pakistan could be made part of the permeable.
CAPT. S. AFAQ RIZVI
Karachi
‘CII told to propose changes in Hudood law’, says the headliner in Dawn (July 2). The Council of Islamic Ideology was cautioned to take along all schools of thought while preparing the amendments, after which the amended law will be enforced through a presidential ordinance.
In other words, under political power exigency, the ruling apologists dare not ‘repeal’ it. How it is that the government has arrogated the right of legislating ‘religion’ into state laws which will make compliance mandatory, trampling all human rights, disregarding Divine Command — Verse 2:256 “Let there be no compulsion in religion.”
Is it only Islam or other religions in Pakistan will also be so legislated and put on the statutes. Christianity: Prophet Jesus Christ has laid down the principle that remains fundamental to the Christian thought: “Render unto Caesar the things which are Caesar’s and into God the things which are God’s.”
It is well-known and documented that Pakistan has to be a secular state. In a multi-religion, pluralist society, religion under political authority intrudes, intercedes and ignores ‘human rights’. Theocracy, therefore, is not an option. Democracy is not compatible with hard-core Islam as witnessed during despicable Taliban regime in Afghanistan and, next door in the NWFP, attempting legislating religion via the Hasba Bill.
Why should a ‘Muslim’, who follows Islam according to his faith and Fiqh, just like his forefathers did, succumb to the cocktail from “all school of thoughts” under government legislation.
How can ‘Pakistan today’ be portrayed anything other than a ‘virulent theocracy’ where religion has become ‘business of the state, and institutionalised — the federal ministry of religious affairs, the Council of Islamic Ideology, the Shariat courts, the Islamic madressahs with seven years of religious teaching, incubating ‘suicide bombers’. The profusion of ‘religion TV coverage’ — some 24 channels — for hours, hijacks individual introspection, analysis, discretion, and urge for inquisitiveness of true knowledge.
The Supreme Court already has unambiguously decreed: “State cannot enforce any religious obligation stipulated by Islam that interfered with private life, personal thoughts, individual beliefs, freedom of assembly, liberty, dignity and privacy of a citizen”.
It is common knowledge all Islamic laws legislated, under ill-conceived religious fervour, tend to flagrantly abuse human rights, identified by the Supreme Court, have been rendered ultra vires and void in its application. State must remove, from statutes, all ‘religious laws’ legislated by the federation or provinces. Amendments carried out by politician, mutilating the Constitution, must be deleted if not compliant with democratic norms.
Our Constitution does require minor but necessary additions and alterations as under:
1) The prefix ‘Islamic’ be dropped from ‘Islamic State of Pakistan’. How many Islamic State worth mentioning do we have in the so-called Muslim Ummah? Bangladesh dropped immediately on separation.
2) Mr Jinnah’s speech of August 11, 1948: “... make no mistake Pakistan is not a theocracy ..., after traditional ‘Hamd’ and ‘Munajat’, be added as preamble to the Constitution.
3) Insert, “Federal or Provincial Legislators shall make no law respecting an establishment of religion, or prohibit the free exercise thereof.”
Parliamentary government does not suit the country — it is too expensive. Total salaries, travel, office, telephone, electricity, etc., calculated by a USA-based Pakistani, equals to Rs32 million per year per MNA, for the pleasant exercise of thumping the table and walkouts from the assembly. Presidential federal governance could be the solution.
M.A.Baqi
Karachi
THIS refers to the rejoinder by Jennifer Farrell (July 7) to the article ‘Freedom to abuse’ by Andleeb Abbas. I agree with Ms Farrell that the paragraph about ‘American exceptionism’ that dragged in sports as examples was irrelevant and wrong and had nothing to do with the writer’s political points being made in the article.
As noted by the correspondent, the Americans have developed or concentrated on baseball, basketball, football and ice hockey, etc., instead of cricket, field hockey or soccer for cultural reasons. It is unfair for the writer to say that this is because they can’t come up to the international standards of these other games. This is also refuted by their excellence in swimming, running, boxing and tennis, among others.
Ms Abbas has gone out too far in her criticism of the US. In fact, it was embarrassing to apprehend how any American reading that article would tend to believe that the Pakistanis are a prejudiced and unreasonable lot, which is not true. Like the other Muslims of the world we may be justifiably angry at the Bush administration’s blatantly pro-Israel and anti-Muslim policies but that should not make us hostile towards all Americans who are by and large open-minded, friendly and reasonable people. We should try to befriend, rather than alienate them. While commenting on foreign countries we must be particularly responsible and rational since it can affect our relationships.
When ordinary Americans and Pakistanis interact, they realise they have much more in common than had been imagined, as this correspondent has seen for himself. The California-based Pakistani American analyst, Athar Osama, too, had pointed out as much in his essay, ‘A case for a new partnership’ (Dawn, May 22):
“(But) when it comes to people-to-people contacts between Pakistanis and Americans, there is little hostility and much affinity. If the recent experiences of American aid workers supporting earthquake relief in Pakistan suggest anything, it is that Pakistan and the United States have a lot to work with at the people-to-people level.”
Ms Farrell may wish to contact him at his e-mail address given therein: athar.osama @gmail.com. In any case, one would assure her that most Pakistanis are very hospitable, friendly, generous and, as was observed by President Nixon (Dawn, June 30, 2005), ‘straightforward’ folks.
One also hopes that her husband doing business in Karachi would be able to experience this first-hand and succeed in his venture as well. Karachi may not be as clean and beautiful as the Farrells’ hometown of San Francisco, but it is a ‘loving people’s city,’ as stated by the outgoing Sri Lankan consul-general, Ms Manel de Silva (Dawn, July 7). Mr Farrell could form friendships that he may cherish later.
KHALID NAQSHBANDI
Karachi
THIS is in response to Brig (retd) A. Qayum Sher’s letter. I think the obvious reality is that for the last 50 years the army has been the sometimes popular and sometimes unpopular rulers of our country. Today most army lieutenants seem to think that they are the equivalent of the local ‘thanedar’ and are, therefore, both above the law. Most army majors seem to think and act like the local warlords, while most army colonels seem to think and act like the mayor of whichever city they live in.
To me the most fascinating bit about listening to several senior army officers during personal meetings is that they seem to think that everything in Pakistan is going absolutely fine. They believe that Pakistan is now a prosperous country and that they, the army, are the ‘organisation’ that has done all this.
The other day a friend of mine witnessed an incident which is another example of how well placed the army really is. The governor of a certain province was visiting the local corps commander at the corps commander’s office. The governor arrived well before the appointed time and was waiting to be called in when the corps commander’s administration officer told him that the corps commander only has half an hour to meet him and the governor must ensure that the time restriction is followed.
Given the above scenario, I would argue that any officer in the Pakistan army should be given full security and proper escort. Otherwise he is in danger of being given a lesson in reality from one of the civilians of our country.
OVERSEAS PAKISTANI
Surrey, UK
MR Anwar Mooraj’s article ‘The unkindest cut of all’ (July 3) on unrestrained slaughter of trees was quite instructive. Fact is that people living in cities have become quite conscious of the myriad advantages of trees. They know that a tree is nature’s gift for mankind; not only trees keep the atmosphere clean and healthy but the most vital fact is that mature trees add to local humidity through transpiration and thus ensure rainfall. In the water cycle, moisture evaporates into the atmosphere, forming rain clouds before being precipitated as rain back onto the forest. Forests, therefore, play a vital role in regulating regional climate by providing the base for continuity of water cycles. These conifer forests also play a critical role in climate regulation by absorbing carbon dioxide, a gas believed to be partially responsible for global warming.
The keen interest shown by conscientious city dwellers particularly by inviting attention of the apex court for stopping the pillage of the Murree hills forests and Lahore Canal trees is inestimable.
However, imagine the vast tracts of forests in the countryside that have suffered devastation at the hands of ruthless ‘humans’. In Sindh not very long ago on both banks of the River Indus there were thick forests spread over from Kashmore to Karachi. These forests were not only the main source of monsoon rain but served as a safety valve against annual floods beyond protective dykes. The fertility of soil in these forests was proverbial; it provided livelihood to millions having permanent abode there. These woodlands were sanctuaries of varieties of wildlife, flora and fauna, and a great source of fresh milk, honey and by-products.
With the passage of time these forests have been destroyed by influential landlords who got virgin lands leased to their family members on government rates as Katcha in perpetuity. The forest department, whose primary function is to protect these natural woodlands, either remained a silent spectator or collaborated with the predators in total deforestation. Now the state of affairs is that right from Kashmor down to Karachi, except for small patches, no forest worth mention is left and the grabbed invaluable lands are now in the possession of influential as ‘ketties’ in their names.
The change we experience in the rainfall pattern, which has declined considerably for the past one decade, is mainly on account of deforestation of Indus banks for which responsibility exclusively lies with those who were supposed to preserve it. Unfortunately, this depredation continued for years unhindered under the patronage of those who were paid to protect it. While a tree falls in Karachi and Lahore or Murree hills, it gets immediate notice of authorities but entire forests of Sindh, that underwent continued onslaught and became extinct now, disappeared without being detected.
Although slaughter of even a single tree is an act most reprehensible but the massacre of entire forest, without an iota of exaggeration, is a sin unpardonable under any cannon of law and religion. I request the relevant authorities to take immediate notice of depleting river forests and fix responsibility on those who rendered unimaginable damage to the ecology, besides immediate and indiscriminate cancelling of leases of forest lands in the national interest for re-afforestation. I also look forward to the apex court for attention on this issue of national importance in right earnest.
DR ALI AKBAR M. DHKAN
Karachi
APROPOS of Mr Shamshad Ahmad Khan’s article ‘Power games and UN’s top job’ , I find pertinent to submit, however idealistic, that to save from destruction any civilisation or culture that exists here today, world leadership will have to learn to discipline itself to consistently, and all pervasively, go by the standard of merit, and merit alone.
If Asia, notwithstanding its unmanageable disunity as Mr Shamshad Ahmad tells us, can produce someone like Mme Mary Robinson, then by all means let Asia have its missed turn.
If not, do not risk pushing the asymmetric Asian cart too far for it will only go to destroy the already tenuous chance of making the UN a prestigious body promoting a world order of justice, peace and tranquillity by upholding the ideals of the UN charter.
Disregarding the need of the hour for the objective assessment of the new incumbent in terms of relative calibre, world renown, experience and proven dedication to the purposes of the UN and capacity to do the job duly analysed would be dangerous, particularly to the Third World.
M.J. AS’AD
Karachi
IN his article “For sectarian amity in Iraq” (June 14), Mr Najmuddin Sheikh takes up the issue of oil revenues’ sharing in Iraq. Article 109 of Iraq constitution should set all qualms aside. It states that oil and gas revenues’ distribution will be done “in a fair manner in proportion to the population distribution in all parts of the country.”
It is a matter of distribution and not one of handing dole to any population segment. There is, therefore, no reason for discord amongst Iraq’s sectarian and ethnic population segments on this score as erroneously portrayed by Mr Sheikh.
DR MAHNAZ FATIMA
Karachi
APROPOS of the incident involving the ISI and Brig (retd) Muhammad Taj, who is a recipient of Sitara-i-Jurat (SJ) and twice decorated officer of the Pakistan army who retired as a brigadier, I should like to emphasise that the SJ is the second highest military award of Pakistan, the highest being the Nishan-i-Haider. Just as there is no significance attached to ISI’s roughing up of civilians, no concern was shown when the agency’s manhandled a war hero.
Thank God they do not have access to the Nishan-i-Haider recipients and their dignity is safe.
ANAS A. KHAN
Edmonton, Canada
THIS is with reference to the news item entitled ‘London police warn of more bombings’ (July 8). The Queen of England and her whole nation stood in silence to remember the 52 innocent lives lost due to terror bombings a year ago. The whole world grieved with them.
Let us also not forget the 52 innocent Iraqis civilians who lose their lives every week of every year since 2003. After all, an innocent Iraqi life is as precious as any other.
SYED SAULAT SHERE
Fredericksburg, USA
I AM writing to your esteemed daily to request you to help me locate my childhood friend who migrated to Lahore, Pakistan, in early 1947. His name is Mohammad Mukhtar Ahmed Khan, son of Mr Vilayat Mohammad Khan.
In Lucknow they resided at a locality named Modern Houses. We studied together in Lucknow at Boys Anglo-Bengali High School, and later at Lucknow Christian College. He should be in his late 70s. My contact details are available through Dawn.
HARIHAR NATH SINHA
New Delhi, India
YOUR editorial ‘Punjab crime wave’ (July 8) states that “the state of affairs calls for meaningful action on the part of top administration, but none has been forthcoming.” This is a partisan statement.
The Punjab chief minister has been trying to make structural changes in the functioning of the police with handsome financial support. In the 2006-07 budget an allocation of Rs20 billion has been earmarked to revamp the functioning of the police. Besides, a separate prosecution department has been established. Crime-free society is always the ideal. The recent initiatives by the Punjab CM can prove successful if the police high-ups can convert this challenge into an opportunity.
RANA IJAZ MAHMOOD
Layyah
MILLIONS around the world watched Zinedine Zidane leave the field for possibly the last time in his illustrious international career after being sent off. His actions were more surprising than his dismissal. I believe FIFA should conduct a probe into what led Zizou, arguably one of the greatest players of his generation, to behave the way he did. And like physical abuse verbal abuse too should be penalised.
M. S. TAUHEED
Karachi
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