| Case ID |
0ac2c88e-d7e1-4a68-aad0-6d68f1b65e76 |
| Body |
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| Case Number |
Human Rights Case No. 1 of 1992 |
| Decision Date |
Mar 22, 1993 |
| Hearing Date |
|
| Decision |
The Supreme Court emphasized the enforcement of fundamental rights in the context of human rights violations, particularly concerning issues like gang rape and property rights of females. The Court held that the Constitution provides a comprehensive framework for the interpretation and enforcement of fundamental rights, enabling the judiciary to take necessary actions. The judgment underlined the necessity for legislative reforms to enhance protections for women and ensure the enforcement of their rights. The Court directed the government to take administrative measures and suggested specific legislative amendments to address the shortcomings in existing laws related to gang rape and women's rights, including provisions for allowing female victims to testify in a more private setting to protect their dignity. |
| Summary |
This landmark case, decided by the Supreme Court of Pakistan, addressed critical issues surrounding human rights and the enforcement of fundamental rights within the constitutional framework. The Court examined the provisions of the Constitution, particularly Articles 2A, 4, 184(3), and 199, to underscore the judiciary's role in safeguarding the rights of individuals, especially women facing violence and discrimination. The decision highlighted the necessity of judicial intervention in public interest matters, particularly regarding heinous crimes such as gang rape. The Court proposed significant reforms, including enhancing penalties for gang rape offenders and ensuring that female victims could give evidence without facing public scrutiny. The judgment serves as a vital reference for future legal interpretations related to human rights and women's rights in Pakistan, emphasizing the importance of legislative action to align with constitutional mandates. Keywords include 'Human Rights', 'Fundamental Rights', 'Supreme Court of Pakistan', 'Gang Rape', 'Women's Rights', 'Legislative Reforms', 'Constitution of Pakistan'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
ABDUL QADEER CHAUDHRY,
MUHAMMAD AFZAL LONE,
SAEEDUZZAMAN SIDDIQUI,
WALI MUHAMMAD KHAN
|
| Lawyers |
Muhammad Sardar Khan, Advocate General, N.W.F.P.,
Raja M. Afsar, Advocate General, Balochistan,
Irfan Qadir, Addl.A.G., Punjab,
Abdul Ghafoor Mangi, AddlA. G., Sindh
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1993 SLD 839,
1993 SCMR 2001
|
| Other Citations |
PLD 1990 SC 513,
PLD 1988 SC 416
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
2A,
4,
184(3),
199
|