The document discusses the importance of rule of law and the challenges to establishing it in Pakistan. It outlines several key requirements for rule of law to prevail, including equality, accountability, access to basic facilities, a strong judicial system, meritocracy, and independent law enforcement. However, in Pakistan, factors like inequality, weak accountability, poor access to facilities, feudalism, and weak institutions have made rule of law an impractical myth. To establish rule of law, the document argues Pakistan must promote equality, accountability, access to basic needs, meritocracy, strengthen judicial and law enforcement systems, and reform policies and institutions.
Original Description:
Will rule of law always be an impracticable myth in our country.
Original Title
Will Rule of Law Always Be an Impracticable Myth in Our Country
The document discusses the importance of rule of law and the challenges to establishing it in Pakistan. It outlines several key requirements for rule of law to prevail, including equality, accountability, access to basic facilities, a strong judicial system, meritocracy, and independent law enforcement. However, in Pakistan, factors like inequality, weak accountability, poor access to facilities, feudalism, and weak institutions have made rule of law an impractical myth. To establish rule of law, the document argues Pakistan must promote equality, accountability, access to basic needs, meritocracy, strengthen judicial and law enforcement systems, and reform policies and institutions.
The document discusses the importance of rule of law and the challenges to establishing it in Pakistan. It outlines several key requirements for rule of law to prevail, including equality, accountability, access to basic facilities, a strong judicial system, meritocracy, and independent law enforcement. However, in Pakistan, factors like inequality, weak accountability, poor access to facilities, feudalism, and weak institutions have made rule of law an impractical myth. To establish rule of law, the document argues Pakistan must promote equality, accountability, access to basic needs, meritocracy, strengthen judicial and law enforcement systems, and reform policies and institutions.
Will rule of law always be an impracticable myth in our country?
( css-2018)
Outline
1. Introduction
Life without rule of law is tantamount to the life of jungle, where a mighty rule by his power and his principles and weak serves the mighty because of fear.
2. Basic needs for rule of law to prevail:
Equality Accountability and transparency Provision of basic facilities to masses Strong judicial system Culture of meritocracy Strong and independent law enforcement bodies 3. Situation in Pakistan: grim owing to following factors Inequality Weak-cum-selective accountability Weak judicial system, to some extent Lack of provision of basic facilities to masses Feudalism and nepotism Weak law enforcing bodies and laws 4. Suggestions to make rule of law prevail Promote equality Effective accountability Provision of basic facilities Promote culture of meritocracy Strong judicial system Independent and well equipped law enforcement bodies 5. Conclusion Without bringing change in the lives of masses, in the institutions and in the governing policies, rule of law will be an impracticable myth. Life without rule of law is tantamount to the life of jungle, where a mighty rule by his might and his own principles, and weak serves the mighty because of fear of getting in trouble. Rule of law is necessary for peaceful life, a life free from troubles and chaos. Law works as an instrument of controlling harmful and aggressive animals by them in the zoo. Where, their instincts, that stimulate them to become aggressive, can be controlled. In life of anarchy, people become self-centered, they try to achieve their aims, either legal or illegal, at any cost, by putting others lives at stake. For this reason rule of law is necessary. For rule of law to prevail, some basic needs are discussed below. People will follow the rule of law, if they are provided with equal opportunities, irrespective of any differences of cast, creed or gender, promoted to have their say in legal matters and granted with freedom of expression. Furthermore, accountability is the necessary for rule of law to prevail. Selective accountability affects the rule of law because it weakens the institutions by allowing them to mismanage the public resources and opt to corrupt practices. Similarly, provision of basic facilities to masses is must for the existence of rule of law, because it hampers the masses from resorting illegal practices to meet their demands. Basic facilities include food, cloths, shelter, education and health facilities. Moreover, a strong judicial system plays a key role in making rule of law effective. Judicial system will be strong if it is free from political influence. Timely and equitable dispensation of justice increases the faith of masses in the rule of law. Ultimately, the move towards the law rather tackling legal problems by own. Further, the culture of meritocracy gives the aid to rule of law. Because it wards off the ills of feudalism and nepotism, and Increases the equal opportunities for masses irrespective of their status. Moreover, strong and independent law enforcement bodies are need of the hour for rule of law to prevail. They play very key role in maintaining law and order by countering domestic violence, intra-governmental and intra-civilian conflicts, terrorism and extremism. Develop the sense of security among masses. Looking at the above aspects, it seems that situation of rule of law is grim in Pakistan. Growing inequality, in the form of gender discrimination has aggravated the problems for rule of law to prevail. Gender based violence is rampant, women has been denied from the privileges as compared to men. Situation looks like as privileged is getting more privileges. Furthermore, weak-cum-selective accountability has made institutions weaker. Thus, resulting in, mismanagement of public resources, rampant corruption, increasing fiscal deficit, increasing debt and ultimately poverty. Moreover, lengthy litigation procedures and political influence has weakened the judicial system, to some extent, and resulted in the establishment of Alternate Dispute Resolution courts. This weakness has hampered the effectiveness of rule of law. In the result, perpetrators escape the rule of law by their high-handed approaches and poor have to pay price. In the end, people resort to sort out their legal matters by their own. Such situations pave the way for the heinous crimes like honor killings, which are rampant in our country. Furthermore, inefficiency of government to provide basic facilities like eatable food, potable water, shelter, quality education and health facilities to masses has developed mistrust towards the government among them. They try meet their demands by their own, at any cost. Thus, domestic violence and extremism is increasing. Likewise, feudalism and nepotism has hampered the countries progress and affected the rule of law. This culture of favoritism has affected the rights of people and resulted in increasing distrust of masses to towards education Under such circumstances rule of law cannot exist. For rule of law to prevail, the first step is to promote equality, regardless of differences and discriminations. Women’s participation in workforce should be promoted and culture of conservatism should be ended. The second step is to make accountability affective and for all, by establishing effective check and balance mechanism. By doing so, institutions will get stronger and mismanagement of resources and corruption can be hampered. The third step is the provision of basic facilities to masses. This, in the result, will develop sense of respect among the masses towards the law and they try to promote national interest rather resorting to illegal practices to meet their needs. The fourth step is to promote culture of meritocracy. Opportunities must be provided to everyone on the basis of their talent, not on the basis of their status. Ultimately, this develops the interest among the masses towards education. As education is the panacea to all socials ills. The fifth step is to build a strong judicial system; a system free from political influence, that dispense justice equitably and timely because, it is said that justice delayed is justice denied. The last but not least is the making law enforcement bodies independent, especially from political influence, and well equipped and well trained with contemporary needs. In nutshell, without bringing change in the live of masses, in the institutions and in the governing policies, rule of law will be an impracticable myth in our country. It is appropriate to quote, Adolf Hitler said, “if you do not like a rule, just follow it, reach on the top and change the rule.