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FUNDAMENTAL RIGHTS

AND DUTIES:

Rights and Duties


Constitution was enacted by the Constituent Assembly and

came into effect on 14 August 1973.


It declares Pakistan to be a sovereign,
Islamic, democratic republic, assuring its citizens
of justice, equality, and liberty, and endeavors to
promote fraternity among them.

Rights:

Defined as the basic human rights of all citizens.


Defined in Article 4 of the Constitution, apply irrespective of

race, place of birth, religion, caste, creed or gender.


According to the constitution, every citizen has certain
rights, known as the Fundamental Rights of a citizen, and
the constitution guarantees every citizen of those.
Different types of rights:
Moral rights: based on moral values of society,
Legal rights: These rights are recognized by state,
Civil rights: essential for the civilized life
Political rights: necessary for political development.

Duties:

Fundamental Duties of the citizens mentioned in Article 5

and 6 of the Constitution.


Development of constitutional rights in pakistan was
inspired by Quran/Sunnah as well as historical documents
such as England's Bill of Rights, the United States Bill of
Rights and France's Declaration of the Rights of Man.
Different types of duties:
Legal duties(a citizen is bound to follow and not observing

results in punishment)
Moral and social duties (Even though one is not bound by law
to observe but as good citizen we are expected to observe.

Fundamental Rights:
The Right to Equality.
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
Equality before law and equal protection of law
Prohibition of discrimination on grounds only of religion,

race, caste, sex or place of birth.


Equality of opportunity in matters of public employment

Fundamental Duties:
To abide by the Constitution and respect the ideals and

Institutions.
To respect the National Flag and the National Anthem.
To realize and follow the essential ideals of secularism,
democracy and non-violence.
To preserve the culture and heritage.
To protect the Sovereignty, Unity and Integrity of the
nation.
To safeguard the public property.
To defend the country even at the cost of our life.
To protect natural resources.
To avoid Dowry, Gambling, and other Social evils.
To strive towards excellence in the respective spheres of
activities of the individuals.

Right to Freedom:
It guarantees the citizens of Pakistan the following

fundamentals freedoms:Freedom of Speech and Expression


Freedom of Assembly
Freedom of form Associations
Freedom of Movement
Freedom of Residence and Settlement
Freedom of Profession, Occupation, Trade and Business

Protection in respect of conviction for offences


Protection of life and personal liberty
Protection against arrest and detention in certain cases

Cultural and Educational Rights:


Protection of interests of minorities
Right of minorities to establish and administer

educational institutions

Right to Constitutional Remedies:

The right to move the Supreme Court in case of their

violation
Forms of Writ check
Habeas Corpus :- Equality before law and equal
protection of law

Fundamental duties:
Duties of citizens :
It shall be the duty of every citizen:
(a)to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity
of the Pakistan;
(d) to defend the country and render national service when
called upon to do so;

Continue
(e)to value and preserve the rich heritage of our
composite culture;
(f) to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
(g) to develop the scientific temper, humanism and the
spirit of inquiry and reform;
(h) to safeguard public property and to abjure violence;
(i) to strive towards excellence in all spheres of individual
and collective activity, so that the nation constantly rises
to higher levels of endeavor and achievement.

Duties of citizen :

To safeguard the unification of the country and the unity of

all its nationalities;


To abide by the Constitution and the law, keep State
secrets, protect public property, observe labor discipline
and public order and respect social ethics;
To safeguard the security, honor and interests of the
Islamic Republic of Pakistan;
To defend the motherland, resist aggression, perform
military service and join the militia in accordance with the
law;
To pay taxes in accordance with the law;
To practice family planning.

Rights of individual under the


constitution
To enjoy the protection of law and to be treated in
accordance with law is the inalienable rights of every
citizen, wherever he may be, and of every other person
for the time being within Pakistan.
No action detrimental to the life, liberty, body, reputation
or property of any person shall be taken except in
accordance with law.
No person shall be prevented from or be hindered in
doing that which is not prohibited by law and. No person
shall be compelled to do that which that the law does not
require him to do.

Duties of individual under the


constitution
Constitution of Pakistan, 1973 contains two basic duties
of the citizens They are:
Loyalty to the Republic is the basic duties of every citizen.
Obedience to the constitution and law is the inviolable
obligation of every citizen, wherever he may be as well of
ever other person for the time being within Pakistan.
This provision requires that a citizen of Pakistan should
obey the law not only within the territories of Pakistan, but
also anywhere in the world, in case he goes abroad.
Further, a similar obligation is imposed upon all aliens
who are for the time being within Pakistan.

Nature of fundamental rights


The very conception of a fundamental rights is that it
being a rights guaranteed by the constitution cannot be
taken away by the law and it is not only technically
inartistic but a fraud on the citizens for the makers of a
constitution to say that a rights is fundamental but that it
may be taken away by the law. If this argument is
sound, it would follow that the legislature may today
indirect the profession of Islam by the citizen because
the rights to profess, practice and propagate religion is
under the Article as much subject to law as the rights to
establish, maintain and manage religious intuition.

Fundamental Rights in Pakistan


Fundamental Rights are enshrined in the Constitution
of Islamic Republic of Pakistan. Chapter 1 of the
Constitution contains articles about the fundamental
rights. Articles 8 to 28 of the constitution deals with the
all fundamental rights provided to the citizens of
Pakistan. Followings are the fundamental rights
guaranteed to the citizens of Pakistan under
constitution.

Fundamental Rights in Pakistan


No person shall be deprived of life or liberty, save in accordance with law (article 9)
Safeguard as to arrest and detention. All arrested person must be informed of

grounds of their arrest, they have right to consult and defended by lawyer of their
choice.
Right of fair trial under article 10A
All citizens shall have right to have access to information in all matters of public
importance under article 19A.

Security of person (Art. 9)

Safeguards as to arrest and detention (Art. 10)

Right to fair trial (Art. 10A)

Freedom of movement (Art. 15)

Freedom of association (Art. 17)

Freedom of speech (Art. 19)

Freedom to profess religion (Art. 20)

Protection of property rights (Art. 24)

Equality of all citizens (Art. 25)

Right to education (Art. 25A)

Constitutional duties
Under Article 5 of the Constitution, a citizen has two

basic duties: (1) Loyalty to the State and (2)


Obedience to the Constitution.
While the first is listed as a duty of every citizen, the
second extends, beyond the citizens of Pakistan
(regardless of whether they are inside or outside
Pakistani territory), to any individual residing within
the countrys territory for the time being.

LESSON FROM LAST SERMON OF


PROPHET MUHAMMAD (PBUH)
The farewell address of Prophet Muhammad was
indeed addressed to all humankind at all times and for
all generations. It encompasses many aspects of life
(general and specific).
He laid down the foundation of morality, chastity,
modesty, justice,
equality, brotherhood,
and
accountability. He abolished economic exploitation,
human enslavement, paganism, transgression,
international law and all systems that contradict with
the system of Allah (God).

Lesson from Last Sermon of Prophet PBUH


Universality of the Speech
The Prophet directed his Speech to all humankind. He used the term O
People seven times. In the farewell address, the Prophet did not use the
terminology O Muslims or O Believer).
The prophet intention was to address all people regardless their religions,
colours or times (his time or any time after him until the day of Judgement).
The Prophets message was and still is to every person every where in the
world
In Surah Saba in the Quran Allah Says:
We have not sent you but as a universal (Messenger) to mankind, giving them
glad tidings, and warning them (against sin), but most understand not. (34:28)
In his address, the Prophet addressed several issues:
Freedom to all
Sanctity of life, wealth and property
Equality of all races
Justice in front of the law and in front of God
Womens rights and obligations
Exploitation and Monopoly
Rights of others

Khutba Hajjatul Wida is the first ever


charter of human rights
. We can say that it is a comprehensive course of social life. Following points of this Khutba are very important for

human rights.
1.Equality of Mankind
2.Unity of Mankind
3.End to age of darkness and ignorance
4.Muslim brotherhood
5.Peace
6.Inviolability of life and property
7.Abolition of Interest
8.Tolerance and Moderation
9.Charity
10.Payment of debt
11.Justice
12.Fair play in commercial dealings
13.Rights of women
14.Kindness towards slaves
15.Kindness
16.Issue of descent
17.Obedience of Ameer

Summary of Last Sermon of Prophet


PBUH
One can heed words of wisdom and guidelines from the last sermon
(khutbah) of the prophet (SAWS). His sermons emphasized on the
following:
Sacredness of a Muslims life and property
The importance of propagating this message to all others (A Muslims
responsibility thus does not end by following the religion)
A reminder that everyone is fully accountable for their deeds and Allah
(God) will take every person into account. If everyone heeded to this
fact alone, the world would be a much better place today.
Hurt no one so that no one may hurt you. These words of the prophet
are self explanatory.

Universal Declaration
of Human Rights

Definition
Rights: claims against the state
Human Rights: Belong to all humans, regardless of

race, colour, sex, language, religion, political or other


opinion, national or social origin, property, birth or
other status (Art. 2, UDHR)

WHAT ARE
HUMAN
RIGHTS?
Human
rights are the rights and freedoms that we all have.

Some human rights are based on our physical needs.

The right to life. To food. To shelter.

Other human rights protect us.

The right to be free from torture, cruel treatment and abuse.

Human rights are also there to ensure we develop to our fullest potential.

The right to education. To work. To participate in your community.

Everybody has human rights. It doesn't matter who you are, where you come from, what

language you speak or what religion you belong to. You have a duty to respect the rights of
others, just as they have a duty to respect yours. Nobody can take your rights away.

WHERE DO RIGHTS COME FROM?


Human rights are based on the values of:
Dignity
Justice
Respect
Equality
Human rights were officially recognized as values by the world

when the United Nations was set up.

Historical Roots
The establishment of the International Committee of the
Red Cross, the 1864 Lieber Code and the first of the
Geneva Conventions in 1864 laid the foundations of
International humanitarian law, to be further developed
following the two World wars
The League of Nations, 1919, - negotiations over the
Treaty of Versailles following the end of World War I.
At the 1945 Yalta Conference, the Allied Powers agreed to
create a new body to supplant the League's role; this
was to be the United Nations.

WHAT IS THE UNITED NATIONS?


The United Nations (UN) is an international organization that was established in
1945, the year the Second World War ended.
Its founders hoped it would be able to prevent catastrophes like the
Holocaust from happening in the future, and help to build a safer, fairer
world for people everywhere.
Therefore, the UNs three main aims are:
Protect human rights
Secure international peace
Eliminate poverty
In 1948, the UN adopted the Universal Declaration of Human Rights.

THE UNIVERSAL
DECLARATION OF HUMAN
RIGHTS
The United Nations Universal
Declaration of Human Rights (UDHR)
is the most famous human rights
agreement in the world.
It contains 30 human rights, each of
which corresponds to particular
human need.
According to the UDHR,
you have the right to:

Universal Declaration of Human Rights, 1948: no one shall be held in


slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms. Excerpts from The International Bill of Rights, Fact Sheet #2, UN
Centre for Human Rights. The adoption of the Universal Declaration of Human
Rights in 1948 "was the first occasion on which the organized community of
nations ... made a Declaration of human rights and fundamental freedoms...." .
It has thirty articles which state that:
1. We Are All Born Free & Equal. We are all born free. We all have our own
thoughts and ideas. We should all be treated in the same way.
2. Dont Discriminate. These rights belong to everybody, whatever our
differences.
3. The Right to Life. We all have the right to life, and to live in freedom and
safety.
4. No Slavery. Nobody has any right to make us a slave. We cannot make
anyone our slave.
5. No Torture. Nobody has any right to hurt us or to torture us.
6. You Have Rights No Matter Where You Go. I am a person just like you!
7. Were All Equal Before the Law. The law is the same for everyone. It must
treat us all fairly.
.

8. Your Human Rights Are Protected by Law. We can all ask for the law to help us
when we are not treated fairly.
9. No Unfair Detainment. Nobody has the right to put us in prison without good
reason and keep us there, or to send us away from our country.
10. The Right to Trial. If we are put on trial this should be in public. The people who
try us should not let anyone tell them what to do.
11. Were Always Innocent Till Proven Guilty. Nobody should be blamed for doing
something until it is proven. When people say we did a bad thing we have the right to
show it is not true.
12. The Right to Privacy. Nobody should try to harm our good name. Nobody has
the right to come into our home, open our letters, or bother us or our family without a
good reason.
13. Freedom to Move. We all have the right to go where we want in our own country
and to travel as we wish.
14. The Right to Seek a Safe Place to Live. If we are frightened of being badly
treated in our own country, we all have the right to run away to another country to be
safe.
15. Right to a Nationality. We all have the right to belong to a country
16. Marriage and Family. Every grown-up has the right to marry and have a family if
they want to. Men and women have the same rights when they are married, and
when they are separated.
17. The Right to Your Own Things. Everyone has the right to own things or share
them. Nobody should take our things from us without a good reason.

18. Freedom of Thought. We all have the right to believe in what we want
to believe, to have a religion, or to change it if we want.
19. Freedom of Expression. We all have the right to make up our own
minds, to think what we like, to say what we think, and to share our ideas
with other people.
20. The Right to Public Assembly. We all have the right to meet our
friends and to work together in peace to defend our rights. Nobody can make
us join a group if we dont want to.
21. The Right to Democracy. We all have the right to take part in the
government of our country. Every grown-up should be allowed to choose
their own leaders.
22. Social Security. We all have the right to affordable housing, medicine,
education, and childcare, enough money to live on and medical help if we
are ill or old.
23. Workers Rights. Every grown-up has the right to do a job, to a fair
wage for their work, and to join a trade union.
24. The Right to Play. We all have the right to rest from work and to relax.
25. Food and Shelter for All. We all have the right to a good life. Mothers
and children, people who are old, unemployed or disabled, and all people
have the right to be cared for.

26. The Right to Education. Education is a right. Primary school should be


free. We should learn about the United Nations and how to get on with others.
Our parents can choose what we learn.
27. Copyright. Copyright is a special law that protects ones own artistic
creations and writings; others cannot make copies without permission. We all
have the right to our own way of life and to enjoy the good things that art,
science and learning bring.
28. A Fair and Free World. There must be proper order so we can all enjoy
rights and freedoms in our own country and all over the world.
29. Responsibility. We have a duty to other people, and we should protect
their rights and freedoms.
30. No One Can Take Away Your Human Rights.

EXTRA TOPICS

LEARNING ABOUT
RIGHTS AND DUTIES

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