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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