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Monday 7 December 2015

Rewriting Article 19

Pakistan got its first constitution, nine years after independence, on March 23, 1956. This constitution guaranteed the right to freedom of expression under Article 8. The freedom of press was not mentioned here. This constitution was based on the Government of India Act of 1935 and was abrogated by the military regime of Field Marshal Ayub Khan in 1958.

The new constitution, promulgated in 1962, guaranteed the right to freedom of expression under Article 6, but it too failed to provide for the right to freedom of press. The constitution of 1962 was soon abrogated by the military regime of General Yahya Khan and after his regime fell, the democratically elected government of Zulfikar Ali Bhutto set about formulating yet another constitution for Pakistan — a task which was completed in 1973. It was a ‘consensus Constitution’ — all parties concerned seemed satisfied. The Constitution of 1973 guaranteed the right to freedom of speech and expression under Article 19 and it also guaranteed the right to freedom of press.

Article 19 of The Constitution of Pakistan: Freedom of speech, etc.
“Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.”

If I have to re-write article 19, I would write it by knowing the circumstances that we are living in age of new media. The original Article 19 is not implementing on new media, we can say it’s a flaw in it and there must be some amendment.

Re-Writing Article 19: Freedom of Speech
All citizen of Pakistan shall be free to express opinions and ideas on any platform without being punished for doing so. There shall be freedom of press, in which they can write and published their opinions. There is a reasonable restrictions imposed by the Islamic laws in the interest of glory of Islam, which is implemented only on Muslims that any Muslim found or guilty in the act of blaspheming Islam will be taken as an offence.

Explanation:

Citizens may speak their mind, put their ideas or opinions in writing, get published, post them over the Internet, or express as they feel in any manner possible, this includes the right to seek, receive and impart information, ideas or opinions in any form which may be available.  Glory of Islam is only implemented on Muslim by the Islamic laws that any Muslim found or guilty in the act of blaspheming Islam shall be taken as a crime.  

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