TOPIC: FUNDAMENTAL Constitutional Law-III

RIGHTS Instructor: Sana Afzal

 INTRODUCTION TO HUMAN RIGHTS,
CONSTITUTIONAL RIGHTS AND
FUNDAMENTAL RIGHTS When a right is
safeguarded by a
Constitutional
The main difference
guarantee, it is known
between human rights
Every human being is entitled to enjoy his or her as a ‘fundamental
and fundamental
human rights without distinction of race, color, sex, right’ which gets
rights is territorial.
language, religion, political or other opinion, social placed beyond the
Human rights are
origin, property, birth or other status. power of any organ
‘universal’ and
of the state and
without any
neither the executive
limitation. In
nor the legislature
States are obliged to protect, promote and ensure contrast, fundamental
shall act in violation
the enjoyment of human rights. Most human rights rights exist within a
of it. Such a right
are owed by states to “all people” within their specific legal system
cannot be taken away,
territory, while certain human rights are owed by whereby a right is an
suspended or
states to “particular groups of people”. interest recognized
restricted, unless
and protected by law.
expressly provided
for in the
RELEVANT ARTICLES

Fundamental Rights (with

Limitations) Guaranteed Under
Articles 9-28 of the Constitution
of Pakistan, 1973.

In Pakistan, fundamental rights have been enshrined in

Chapter II and Articles 8-28 of the Constitution of Pakistan,
1973. Articles 15-20, 23 and 25 address the fundamental
rights of citizens of Pakistan, while Articles 9-14, 21, 22 and
24 address the rights of a person in general.
ARTICLE 9: SECURITY OF
PERSON
No person shall be deprived of ‘life’ or ‘liberty’.
The word deprivation means total loss, not restricted to the freedom of movement
[AIR 1951 Bom. 30].
The right to life and liberty includes the right to a clean environment, rule of law and
incorruptible administration of government (Commentary on the Constitution of
Pakistan 1973 by M. Mahmood).
Exceptions: Save in accordance with law.
ARTICLE 10: SAFEGUARD AS
TO ARREST AND DETENTION
A person must be informed of the grounds of his or her arrest and must have the
right to consult and be defended by a lawyer of his or her choice.
Detained/arrested persons are to be brought before a magistrate within 24 hours and
not to be detained in custody beyond the said period (except with the authority of the
magistrate).
Exceptions: In case of preventive detention, a 3-month detention can be increased by
another 3 months, as per the circumstances, particularly applicable in cases where a
person has been acting in a manner prejudicial to the integrity of Pakistan, security
of Pakistan, defence of Pakistan, or public order of Pakistan, or any part thereof.
ARTICLE 10-A: RIGHT TO FAIR
TRIAL AND DUE PROCESS
For any civil or criminal charge.
ARTICLE 11: PROHIBITION OF
SLAVERY AND FORCED
LABOR
Slavery (forbidden).
Forced labor (prohibited).
Human trafficking (prohibited).
Child labor (prohibited under the age of 14 years and for hazardous employment).
Exception: Compulsory service for the punishment of an offence, but which shall
still not be of a ‘cruel nature’ or incompatible with ‘human dignity’.
ARTICLE 12: PROTECTION
AGAINST RETROSPECTIVE
PUNISHMENT