Abrogation of humanitarian: while hope for a swale

Abrogation of humanitarian: while hope for a swale

Once again Bharatiya Janata party (BJP) and vicious Indians flamed the Kashmir valley by abolishment of article 370 and article 35-A, which facilitates Indian occupied Kashmir inhabitants with significant autonomy and freedom of law enforcement in their region. New domicile allows people outside of Kashmir to become permanent residents of Kashmir, and government may appoint any outsider who is fit for the job by abolishing special statues of IJK’s people. Brutality and genocide in IJK has proved that people of Pakistan and India belong to a different ideology, are two different nations having different civilizations, and under same constitution will end up with gigantic destruction.

Article 35-A, to ensure the sovereignty of the state prohibits outsiders from buying land, attain educational scholarships, government jobs and any permanent residence in Jammu Kashmir. It is now smudging as BJP government floods people to Indian occupied Kashmir region and implements unconstitutional changes to achieve Hindu majority in Muslim majority areas.

People of Indian occupied Kashmir were already living under poverty line and now current pandemic has hit the indigents dually in curfew. They are confronting inevitable economic and social disasters, while BJP Government is finding new ways in graceless circumstances to occupy Jammu region by enforcing new domicile law and imposing strict curfew. Indian Government not only suppressed Kashmiri’s doctors for having concerns over hospital’s poor infrastructure and non-availability of essentials but also curbed individual’s efforts to control pandemic. Article 370 executed in 1994, which gives IJK people autonomy in administration and law enforcement is now rattling with last stab. This shows a clear violation of UNSC on Kashmir resolution. In 1948, it was India who first called united nation over Kashmir dispute resolution. United nation should play its unbiased role for Kashmir indigents as it’s the clear violation of customary international humanitarian law according to which: “states must not transfer or deport parts of their own civilian population into a territory they occupy.” The current dispute requires international response as it is not a bilateral issue.

Pakistan is continuously putting its efforts to update international community against brutality and massacre of Indian government towards people of Indian occupied Kashmir at various social and international institutional platforms. Prime Minister Imran khan strongly condemned the BJP government’s racist illegal attempts to change the demographics of Indian occupied Kashmir and recognized it as a clear violation of the 4th Geneva convention. Pakistan foreign office spokesperson Ms. Ayesha Farooqi, at the united nation Security Council pointed out China’s movement and stressed that Kashmir issue is an international dispute that should be settled down through continuous pressure on Indian government to end human rights violation and ceasefire.

Across the world, some western states keep India as a potential supplier for their economic benefits and are denying the racial killing and illegal constitutional changes held by Indian government. On the other side, many countries like China and Turkey are supporting Pakistan’s concerns over violation of human rights and are observing international dispute on ground realities. It is time that United nation should play its part to stop violation and genocide of Modi’s government and must settle the territorial dispute before it is too late. The demographic transformation of the region from Majority Muslim to Majority Hindu must be stopped otherwise dispute will have devastating negative impacts on the resources and people of this region.

Justice Faez Isa case – Is judges remarks fair?

Judiciary in Pakistan have remained frequently under scanner due to various controversial decisions and scandals. Power and money are said to be used to bend the law. Despondency of our system is, that laws are either not implemented or implemented selectively.

The problem once again surfaced when a presidential reference under article 209 was filed against Supreme Court judge Qazi Faez Isa accusing him of concealing properties in UK allegedly held in the name of his spouse and children. On the basis of reference, SJC (supreme judicial council) started proceedings under chairmanship of former chief justice of Pakistan Asif Saeed Khosa. As per the reference, Justice Isa purchased three properties in London on lease but didn’t disclose the same in his financial statement. Justice Isa refuted the allegation and maintains that he cannot be made accountable for the assets of his children. Justice Isa has stated that allegations against him are baseless as his children are not minors nor have they been so, for quite a while and neither his spouse nor his children are his dependents. Moreover, he mentioned that Section 116 (1) (b) of the Income Tax Ordinance 2001 is not a penal provision.”

However, as per opinion of legal experts, it was essential for the judge to disclose such assets as there was a close relationship between the judge and his spouse. Moreover, a senior lawyer on condition of anonymity said that justice Isa has intentionally politicize the case due to his legal position and to attract support from leftist in order to pressurize the supreme judicial council.

Resultantly, opposition and legal fraternity have opposed the reference. Asma Jahangir group and Hamid khan group has opposed government complaint against Isa. PBC (Pakistan Bar council) held protest against the reference and legal powers opposed the reference declaring it an attack on independent judges.

In the latest hearing, remarks of supreme judicial council bench judges have put questions over the court process. Moreover, judges remarks on how government has been able to acquire the details of justice Faez Isa property has also irk the public and legal fraternity.

The focus of supreme judicial council should have been on main accusation as to why the judge conceal his close family property rather than questioning the legality of ARU (Asset Recovery Unit). Cases such as Justice Faez Isa are a litmus test for the impartiality and fairness of the courts. The honorable supreme judicial council judges should refrain from any such remarks and should focus on deciding the case on merit. Decision and conduct of such cases are of great importance as it will shape public opinion about the fairness of Pakistan justice system. In reality, the supremacy of the constitution and its implementation on basis of unbiasedness is the only way for the justice system to achieve its apex.

Pashtun culture and traditions resides in the hearts of its people

Khyber Pakhtunkhwa (KP) is a cradle of ancient civilization, imbue with traditional attire, delicious cuisine and chords. Pashtun belongs to a large Eastern Iranian Ethnic group who uses Pashto as a native language and live their lives according to a code known as Pashtunwali. Pashtuns are divided into four major tribes i.e Sarbani, Bettani, Karlani and Gharghashti. They mostly reside in north and north eastern part of Pakistan.

Pashtunwali code is a collection of various principles which dictates the life of any Pashtun family. It mainly includes “Melmastia” (Hospitality), “Nanawatai” (Forgiveness or asylum), “Badal” (Revenge), “Turah” (Bravery), “Sabat” (loyalty) and “Nang” (honor). “Melmastia” is a key component of Pashtunwali which guarantees hospitality and protection to all visitors regardless of their race, religion and creed. Another principle of Pashtunwali is “Nanawatai” in which protection is offered to all those who seek or request it, irrespective of affiliation or enmity. Pashtunwali other elements such as “Turah”, “Sabat” and “Ghairat” assures loyalty to friends, family and community. Pashtunwali code relevance even in modern times is a true reflection of Pashtuns civilized nature and culture.

Pashtuns has a distinct system known as Hujra which serves as a state council for the tribe. The Hujra tradition not only ensures councils on different contentious issues but also serve as a grooming center for future generations. Hujra tradition ensures blending of youth with old generation where variety of issues including political, social and religious matters are discussed and deliberated upon. Male guests are normally entertained in Hujra thus also serving as guest house (Mehman Khana).

Pashtun traditional attire is a beautiful blend of Partoog-Korteh (Shalwar kameez), Pakul (Pashtun Hat) and long Pakhtun Frocks. Pashtun men wear Partoog-korteh with pakul on their heads and women wear long traditional embroidered frocks. Pashtun women loves to wear traditional shawls that highlights culture of different Pashtun regions.

Personification of Pashtun culture cannot be termed complete without “Pashtun music and dance”. Rubab a Pashtun musical instrument is a soul of Pashtun music and an important element of their festivals. Pashtun music mostly includes classical ghazals using Rubab, sitar, tabla and flute. Pashtun cultural dances are story tellers and are different for each tribe. Traditional dances like Attan, Khattak, Mahsud, Waziri express Pashtun cultural traditions or community history through metaphorical statements expressed in music and dance.

Food is another important part of Pashtun culture which displays the richness of its culture. Pashtun traditional food is all about relish of meat; Chapli kebab, Kabli pulao, Dumba karahi and lamb tikka are some of the famous dishes which are enjoyed not only in KP but also in other regions of Pakistan.

Despite introduction of modern laws and regulation, Pashtuns still rely on various traditional codes of conduct in their societal dealings. These codes not only dispense speedy justice but also ensures respect of various Pashtun values. However, these beautiful Pashtun traditions are losing its glare in modern generation of Pashtuns due to massive urbanization and introduction of modern education. Future Pashtun generation needs to embrace these traditions viz a viz embracing modernity in order to keep these traditions alive and stay connected to their ancestral roots.