Human Rights Defenders in the Clutches of Draconian Laws – Curtailment of Constitutional Rights in Pakistan

Abstract

Human rights defenders (HRDs) work like frontline warriors. They upheld the falling democracies and the rule of law at the cost of their own fundamental freedoms and protection. In Pakistan, HRDs are subjected to extra-judicial killings, torture, forced disappearances, data retention, mass surveillance, and court martial amid the civilian governments and military coup d’état. Despite of ratifying international treaties for the protection and promotion of human rights, domestic laws of Pakistan are unable to address the grievances of HRDs. Prevention of Electronic Crimes Act, Army Act and the Official Secrets Acts are weaponised against Constitutional freedoms and protections available to HRDs in Pakistan. This study examines the restrictive cum draconian nature and consequences of domestic laws, along with newly passed amendments in the same, on the rights and freedoms of HRDs e.g., right to fair trial, security, privacy and freedom of expression etc. The study identifies an unreasonable approach of the legislature and security agencies towards security of the State that have unreasonably curbed fundamental rights of HRDs. Meanwhile the Superior Courts evaluated and criticised State practices from time to time. Lastly, the study extends recommendations for the legislature to bring these draconian laws in conformity with the Constitutional guarantees.