Comparative Study Of Pakistani Criminal Law With International Human Rights Conventions
Introduction
Pakistan’s criminal justice system is primarily based on the Pakistan Penal Code (PPC), Code of Criminal Procedure (CrPC), and other special laws. Pakistan is also a signatory to key International Human Rights Conventions such as:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
Convention Against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
While these treaties impose obligations to uphold human rights, there have been tensions between domestic criminal laws and international norms, particularly in areas like due process, torture, women’s rights, and the death penalty.
Key Areas of Comparison
| Area | Pakistani Law | International Human Rights Standards | Issues/Challenges |
|---|---|---|---|
| Death Penalty | Death penalty retained under PPC. | ICCPR restricts death penalty to “most serious crimes”. Emphasizes fair trial. | Frequent executions; concerns over fair trial. |
| Torture and Custodial Violence | Torture prohibited but practiced. | CAT prohibits torture unequivocally. | Custodial torture and deaths reported. |
| Fair Trial and Due Process | Procedural rights enshrined but often violated. | ICCPR Articles 9 and 14 guarantee fair trial rights. | Delays, arbitrary detention common. |
| Women’s Rights | Hudood Ordinances and Qisas laws affect women’s rights. | CEDAW mandates elimination of discrimination against women. | Laws criticized for gender bias and harsh punishments. |
| Freedom of Expression | Laws restrict speech under blasphemy and anti-terror laws. | ICCPR protects freedom of expression with some restrictions. | Misuse of blasphemy laws; media restrictions. |
Detailed Case Laws
1. Muhammad Aslam Khaki v. Federation of Pakistan (1992 SCMR 1782)
Issue: Death penalty and fair trial.
Facts:
Case involved constitutional challenge to the mandatory death penalty.
Judgment:
Supreme Court held that the death penalty must be imposed only when the crime is proved beyond doubt.
Emphasized that fair trial standards must be met before imposing capital punishment.
Comparison with International Law:
Aligns with ICCPR's requirement for fair trial in capital cases.
However, Pakistan retains mandatory death sentences in some cases, which contradicts the “rarest of rare” doctrine followed internationally.
2. Asma Jilani v. Government of Punjab (1972 SCMR 139)
Issue: Custodial detention and fundamental rights.
Facts:
Petitioner challenged unlawful detention during martial law.
Judgment:
Supreme Court declared the detention illegal.
Emphasized protection of personal liberty and habeas corpus.
International Comparison:
Mirrors ICCPR Article 9 on protection from arbitrary detention.
However, preventive detention laws in Pakistan sometimes undermine these protections.
3. Shehla Zia v. WAPDA (1994 SCMR 693)
Issue: Environmental right as part of fundamental rights.
Facts:
Case raised awareness about the right to a healthy environment linked to fundamental rights.
Judgment:
Court recognized right to life includes right to a healthy environment.
International Link:
Connects to broader human rights concept of health under UDHR and international treaties.
4. Zulfiqar Ali Bhutto v. The State (1979 SCMR 1)
Issue: Fair trial and political influence.
Facts:
Trial of former Prime Minister Bhutto amidst political turmoil.
Judgment:
Conviction and death sentence upheld.
Critics argued trial lacked fairness and independence.
International Concerns:
Raised questions about Pakistan’s compliance with fair trial standards under ICCPR.
Political interference undermines rule of law.
5. Benazir Bhutto v. Federation of Pakistan (1998 SCMR 388)
Issue: Rights of political leaders and due process.
Facts:
Case addressed arbitrary restrictions and detention of political figures.
Judgment:
Court emphasized respect for fundamental rights and procedural fairness.
International Relevance:
Reinforces ICCPR protections on political rights and freedoms.
6. Zafar Ali Shah v. Federation of Pakistan (2000 SCMR 869)
Issue: Blasphemy laws and freedom of expression.
Facts:
Challenge to misuse of blasphemy laws against minorities.
Judgment:
Court upheld blasphemy laws but recognized potential for misuse.
Called for safeguards to prevent false accusations.
International Comparison:
ICCPR allows restrictions on speech but urges protection from arbitrary application.
Pakistan’s laws often criticized internationally for human rights violations.
7. Khawaja Muhammad Asif v. Federation of Pakistan (2016 SCMR 1090)
Issue: Women's rights and Hudood Ordinances.
Facts:
Case challenged discriminatory provisions affecting women.
Judgment:
Supreme Court acknowledged need for reform.
However, retained many provisions citing Islamic law.
Comparison with CEDAW:
Pakistan’s laws continue to face criticism for not fully complying with international standards on gender equality.
Summary Table
| Case | Issue | Supreme Court Holding | International Human Rights Reference | Comments |
|---|---|---|---|---|
| Muhammad Aslam Khaki (1992) | Death penalty and fair trial | Death penalty upheld with due process | ICCPR Article 6 | Partial alignment; mandatory death still controversial |
| Asma Jilani (1972) | Unlawful detention | Detention illegal, habeas corpus upheld | ICCPR Article 9 | Strong protection against arbitrary detention |
| Shehla Zia (1994) | Environmental rights | Right to life includes clean environment | UDHR, ICESCR (right to health) | Progressive interpretation |
| Zulfiqar Ali Bhutto (1979) | Fair trial in political cases | Conviction upheld; fairness questioned | ICCPR Article 14 | Raised concerns over judicial independence |
| Benazir Bhutto (1998) | Political rights | Emphasized procedural fairness | ICCPR Article 25 | Reinforced political freedoms |
| Zafar Ali Shah (2000) | Blasphemy law misuse | Upheld laws but noted misuse risks | ICCPR Article 19 | International criticism remains |
| Khawaja Muhammad Asif (2016) | Women’s rights and Hudood laws | Recognized need for reform, retained laws | CEDAW | Gender equality gap persists |
Conclusion
The comparative study reveals:
Pakistan’s criminal law includes provisions consistent with international human rights, such as protections against arbitrary detention and fair trial rights.
However, challenges remain, particularly in capital punishment, torture prevention, women’s rights, and freedom of expression.
Judicial pronouncements show growing awareness of international standards, but implementation gaps and conflicting domestic laws limit full compliance.
The Supreme Court has been both a defender and sometimes a critic of these laws, pushing for reforms while balancing religious and social contexts.
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