Islamabad Law Review

An Overview of Bancassurance / Bancatakaful: Pakistani Regulations in the Framework of International Model Law

Kiran Yasmeen — 2024-11-07

Using a bank’s customer base to promote insurance products is known as bancassurance. It is a promising channel for selling insurance products around the world. However, in Pakistan, SECP has received numerous reports of mis-selling cases. Therefore, this paper has analyzed bancassurance products and mainly covers the regulatory policy challenges and suggestions to adopt best practices in Pakistan. The paper identifies the best practices in countries like UK, and India as cross-country comparison. The objectives of this study are to investigate widely practiced bancassurance models, examine the issues and the problems related to the practice of bancassurance products in Pakistan that potentially affects its customers. This study examines the implementation of bancassurance and its actors, which include banks, the distribution channel, insurance services, financial services, and service quality. Customers choose bancassurance because of their relationship and trust with the bank, particularly the local bank branch. Another critical component that can considerably enhance this system is digitization. Adopting current technologies and digitalization can improve customer accessibility and enhance sales of this product. This study was carried out using a qualitative technique. This study recommends the possible improvements in existing legal and regulatory framework in the light of international best practices.

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

Zoya Chaudary — 2024-11-07

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.

Conflicting Salient Features of the Constitution

Ghufran Ahmed — 2024-11-07

The Constitution of the Islamic Republic of Pakistan, 1973 has various salient features including its democratic character and the Islamic colour. It is reflected by the conferment of certain fundamental rights, and their enforcement mechanism by the Supreme Court and the High Courts exercising powers under articles 184(3) and 199 respectively. Likewise, the Federal Shariat Court under article 203D may declare a law void if the same is repugnant to the injunctions of Islam. Thus, a law to be valid must neither be inconsistent with the fundamental rights nor repugnant to the injunctions of Islam. Any singular declaration of inconsistency with the fundamental rights is not sufficient for the validity of that law so long as that law does not pass the test of repugnancy with the injunctions of Islam. Nonetheless, on the basis of article 189 and article 203G read with other provisions of chapter 3A both the Supreme Court as well as the FSC have held that the decision of the either court is binding on the other. Consequently, they have shown reluctance to determine the fate of a law on the touchstone of the other test if one of the tests has been validly passed.

Limitations for Domestic Jurisdiction of States in the Post-UN International Legal Order: An ICL Perspective

Mazhar Ali Khan — 2024-11-07

Domestic jurisdiction or state sovereignty are the notions closely associated with the political and legal existence of state. In legal sense, domestic jurisdiction is referred to the state internal authority to legislate, adjudicate and execute the laws. On the contrary, sovereignty is used in a broader context covering both internal as well as external affairs of the state. Some scholar argues that the shift in the paradigm of public international law such as the contemporary regime on human rights law and international criminal law carries restrictive implications for domestic jurisdiction of states. In this context, this work evaluates the abstract notions of domestic jurisdiction and state sovereignty under the contemporary international law. It briefly analyzes the legal basis of sovereignty in historical context. What are limits of domestic jurisdiction under the post-UN international legal order is the question which this work tends to examine. The article mainly focuses on evaluation of the notion of domestic jurisdiction from the perspective of international criminal law especially the jurisdictional overlap between international organs and national courts. Lastly, it is concluded that the concept of domestic jurisdiction is not without limitations in the post-UN international legal order.

Analysis of Anti-Sexual Harassment Legislation in Pakistan Under International Human Rights Law Obligations

Khawaja Muhammad Ali Butt — 2024-11-07

This article delves into the evolution of anti-sexual harassment legislation in Pakistan by its international human rights law commitments. Recognizing sexual harassment as a pervasive issue in our society, particularly within the workplace, the study elucidates its role in fostering a hostile environment while simultaneously violating fundamental human rights and perpetuating gender discrimination. Applying a human rights-based perspective, the analysis situates sexual harassment within the broader context of victims' economic and social rights and underscores its interconnectedness with global imperatives such as international harmony, defense, and economic development. The primary objective is to comprehensively examine the trajectory of anti-sexual harassment legislation in Pakistan. It critically evaluates the legislation's effectiveness in addressing the multifaceted challenges posed by sexual harassment and its impact on the victims' rights, economic well-being, and social standing. Employing a qualitative methodology, the research draws on an extensive review of legislative texts, case law, and scholarly articles. The study concludes by affirming the necessity for Pakistan to uphold its international human rights law obligations in combating sexual harassment effectively. The findings of this research offer valuable insights for policymakers, legal practitioners, and advocacy groups committed to fostering a fair and just society.

The Role of Election and Election Commission of Pakistan in the Development of Democracy in Pakistan

Muhammad Imran — 2024-11-07

Democracy is the best government system in the world. In this system, the peoples are independent to choose their own representatives and therefore it is called representative government as opposed to the dictatorship wherein no one is allowed to elect their governments – the voice of the people is suppressed. In the third world either democracy is not flourish at par with the developed world, or it is time and again derailed by the military dictators particularly in Pakistan. Since, in democracy, the representatives are elected by the peoples through elections; therefore, the fair, impartial and transparent election is the most important aspect in developing the democracy. The Part VIII having two Chapters and spanning Articles from 213 to 226 of the Constitution 1973 entrusts the task to Election Commission of Pakistan to conduct fair, impartial, and transparent elections in the country. Apart from Constitutional and Election Act 2017 provisions; the superior courts in Pakistan have pronounced a plethora of cases wherein the ECP is declared duty-bound to conduct elections fairly, impartially, and transparently. Unfortunately, the ECP has failed in discharging its duty.