Breach of Promise: Human Rights and Rule of Law in Pakistan

As the scope and meaning of fundamental rights are growing with the advancing world, the first thing one should do is to understand what fundamental rights actually are, who can claim it and is it served equally for all irrespective of their caste, color, sex, religion and language? This paper employs a doctrinal legal analysis to define fundamental rights and assess, through a review of key constitutional articles and international conventions of whether these rights are served to all people without discrimination in Pakistan. To make it more understandable, it specifically highlights the Pakistan’s constitution that gives the fundamental rights and other International Human rights related laws such as UDHR 1948, International covenant on civil and political rights, international covenant on economic, social and cultural rights, Convention on the elimination of all forms of racial discrimination, Convention on the elimination of all forms of discrimination against women, Convention against torture and Convention on the rights of children. It discusses in detail how article 10, Right to free trial, Article 16 Right to assembly, and article 19, freedom of speech is violated throughout the country by state’ institutions, making the entire country more vulnerable against the state’s backed persecution.

Imprisoning Haji Nauroz khan and his death in prison thereafter, abducting Mahrang Baloch’s father, Sameen Baloch’s father and many others, and uncertainty of most of them being alive underpins the fact that these injustices have been there right after few years of independence of Pakistan till today. This paper also employs a descriptive and analytical study method to highlight some of the journalists who have become victims for their dissent opinions and criticisms against the state’s policies. Among them were Arshad Sharif, who has been brutally killed in Kenya and Imran Riaz khan, who has been abducted. It also discusses political victimization of politicians by starting groundless litigations against them, using it as a tool to suppress the opponents. To make it more material, it highlights the case of former Prime minister of Pakistan Imran Ahmed Khan Niazi, who has been detained and is not being given the right to fair trial as per Constitution. 26^th and 27^th amendments to the constitution of Pakistan and its negative impacts on the independence of judiciary, destroying the concept of separation of power and principle of check and balance are some of the main points that this paper endeavors to explain. It also comes up with a solution to these issues by stressing on making sure the presence of rule of law.

Keywords: Constitution. Fundamental Rights. Independence.  Judiciary. Article 10&16. Abduction.

1.Introduction

One of the most fundamental principles of international law is that each and every individual, as well as a government, has the duty to respect universal human rights. Human rights are sometimes called fundamental rights, basic rights and natural rights. Fundamental or basic rights, according to Agarwal H., are those which must not be taken away by any legislation or any act of government, and which are often set out in the constitution. As natural rights, they are seen as belonging to men and women by their very nature. Human rights are not created by any legislation; they take their birth with the birth of human beings. These are the intangible characteristics which every human being possesses irrespective of their color, sex, race, religion, gender, and caste. Although these must not be violated in order to have human beings evolved and progressed, these have been persistently violated since the origin of human beings on this earth and whosoever gained power have always trampled upon these rights in some or the other way. By and large, there are human rights violations across the world, and Pakistan has, of course, an immense number of cases of Human rights violation. The origins of fundamental rights in Pakistan are inevitably linked to the country’s turbulent constitutional history, colonial legacies, and Islamic Jurisprudence. “Objectives Resolution” 1949 was the first decisive step, which formally established the philosophical foundation for a rights framework by declaring that sovereignty belongs to Allah but is delegated to the state to be exercised within “limits prescribed by Him”.

Human rights violations such as enforced disappearance, especially in Baluchistan, violation of political rights and persecution of journalists are increasingly becoming a normal trend in Pakistan. Silencing the voice of the families of the victims of enforced disappeared persons in Baluchistan are becoming the root cause for the hatred with which Pakistan is looked at by notable numbers of people of Baluchistan. Suppression of Political dissents, on the other hand, is sowing seeds of hostility and radicalization. Depriving people of their right to fair trial as is enshrined under article 10 of Constitution of Pakistan 1973 is becoming a normal practice with each passing day, making the common people more vulnerable against the alleged state backed abductions and failure of the judicial mechanism for restoring the rule of law, coupled with continued strives to paralyze the judiciary bringing amendments such as 26^th and 27^th amendments , have put the independence of judiciary and the rule of law under severe strain. This research study is an endeavor to discuss and analyze the critical human rights situation in Pakistan by highlighting multiple cases that involve violation of fundamental rights and also provides a roadmap for ensuring independence of the judiciary, which is a legitimate and true custodian of fundamental rights.

 2.Objective of Research

The main objectives of this research study are as follows:

• To identify, discuss and analyze the human rights abuses such as right to fair trial, right to assembly, freedom of speech, and other political rights as are enshrined in the constitution of Pakistan,1973 by highlighting selected cases involving deprivation of fundamental rights and the level of persecution that the victims endure.
• To explain the brief history of the inclusions of fundamental rights in the statutes of Pakistan since Independence and to shed light on what Islamic Sharia law and international human rights law say about fundamental rights.
• To Identify the loopholes in the judicial system and how 26^th and 27^th amendments have contributed their roles to bring the judiciary under the executive, breaking the principle of separation of powers and the consequences arising therefrom.
• To provide a roadmap for an independent and effective judiciary which is the custodian or guardian of fundamental rights, providing the environment in which it can function independently.

3. Research Questions

1: While considering the diverse population structure, how has the human rights situation in Pakistan been disturbed since its inception in 1947? Do objective resolutions of 1949 and subsequent constitutions and amendments in it provide fundamental rights and what are the international human rights laws of which Pakistan is signatory?

2: How does the lack of rule of law in Pakistan lead to gross violations of fundamental rights by law enforcement agencies, especially in Baluchistan and Khaybar Pakhtoon Khuan (KPK)? And in what specific ways are the rights of Baluchistan’s people, including the right to fair trial (Article 10) and right to assembly (Article 16), being violated through enforced disappearances and state brutality against activists like Mahrang Baloch and Sammi Deen Baloch?

3: How is the freedom of speech (Article 19) violated through the persecution and targeting of journalists (Arshad Shareef, Imran Riaz Khan) and political opponents (Imran Khan) by state institutions?

4: How have the 26^th and 27^th Amendments to the Constitution caused the collapse of the judicial system by violating the separation of powers and removing the Supreme Court’s Suo motu power under Article 184(3) and the constitution of a separate Constitutional court for Constitutional matters? What steps need to be taken to ensure the supremacy of the rule of law, repeal the 26th and 27^th Amendments, and prevent the continued silencing of dissent which could motivate youth to join terrorist organizations?

4.Novelty of the research

This study is an endeavor to identify or point out the violation of human rights of different factions of Pakistani society i.e. ordinary citizens, politicians, journalists, and even judges of the courts and the consequential alarming gap being created between the state and its subjects, among different institutions of the state. It explores in depth the suffering people, especially Baloch go through due to the enforced disappearances of their loved ones and deprivation of right to fair trial as envisaged under article 9 of the constitution of Pakistan1973.It also identifies the victimization of politicians and journalists for their dissent views and an abysmal level of condition of judicial independence that undermines the public confidence of public in justice system. In the, it recommends solutions for the supremacy of law and how objections of families of enforced disappeared persons should be entertained, so that they could breathe the sigh of hope.

5.Limitation

This paper analyses the prevailing alleged violation of human rights through constitutional lens and international laws, though it acknowledges the lack of empirical data. It discusses article 9 and 16 of Constitution of Pakistan that ensure right to fair trial and right to assembly, respectively. It relies on statutory analysis supported by credible national and international news reports. Furthermore, rapidly evolving human rights situation in Pakistan means some analysis may become outdated, necessitating ongoing research to capture dynamic further developments. These limitations underscore the need for future socio-legal studies.

6.Research Methodology

This paper adopts a qualitative method of study in order to describe and analyze the long-lasting critical situation of human rights in Pakistan, and the analysis in this paper is based on independently chosen sources that are relevant to the topic. It traces the disturbing human rights situation in Pakistan from its inception in 1947, outlining the fundamental rights promised in domestic laws (Objective Resolution, Constitution of 1956, Constitution of 1973) and international agreements (UDHR 1948, ICCPR, ICESCR, etc.).This paper also pens down the consistent crackdown and brutality by the state, focusing on enforced disappearances, the denial of the right to fair trial (Article 10), and the suppression of the right to assembly (Article 16), using examples like Nawab Nauroz Khan Baluch, Mahrang Baloch, and Sammi Deen Baloch.

It further documents the worsening situation regarding the denial of freedom of speech and expression (Article 19) through specific examples of journalists (Arshad Shareef, Imran Riaz Khan) and a major political figure (Imran Khan). It examines the role of the lack of rule of law and the collapse of the judicial system following the 26^th and 27^th Amendments, specifically regarding the separation of power and the Supreme Court’s powers. It concludes with the necessary steps to restore the supremacy of the rule of law, specifically recommending the repeal of the 26th Amendment and emphasizing institutional function within jurisdiction to avoid internal security threats.

7. Literature Review / Legal and Historical Context

Existing literature on human rights abuses in Pakistan reveals that Pakistan has had a very disturbing situation of human rights since its inception when it finally got emancipation from the British Empire as well as from Hindu dominated society back in 1947.To understand this dilemma, one has to first get to know of the composition of Pakistan and the kind of diversity it has regarding the type of people living in it. As per the 7^th Population and Housing Consus-2023, Pakistan is a country of 241.5 million people by 2023 of which around 97% are Muslims and 3% are Minorities. In Muslims, 76% are Sunni Muslims and 19.9% are Shia Muslims. 1.6% and 1.3% are the percentages of Christians and Hindus respectively and the rest of other minorities contribute 0.4% of population to the total population of the country. When the objective resolution was passed on March 12, 1949 by the constituent assembly, every citizen of Pakistan was given all the fundamental rights including Right to freedom of speech, Right to expression and thought, Right to religion, Right to choose their representative to represent them on national and international forums, Right to assembly, Right of association, trade and travel, Right to fair trial, equality before law and Right to social, cultural and economic opportunities. Provisions were specially incorporated to protect the rights of Minorities.

All the abovementioned fundamental rights were made a substantive part of the constitution of 1956 which was lauded by both east and west Pakistan. Same rights were first denied by the constitution 1962, however due to the strong outrages shown by the masses and human rights defenders, the government had to incorporate it through the first amendment in the constitution in 1965. Similarly, Ahmed, I. (1976) pens down that when the Martial law was finally lifted and general elections were held all across Pakistan and a democratic government was, for the first time in the history of Pakistan, formed, they embarked on a journey to give a new constitution which would give all due rights to the people of Pakistan which were actually aimed for by the founders Pakistan. Besides these domestic laws wherein it is promised to provide all the fundamental rights to the citizens of Pakistan, as per Research Society of International Law, Pakistan the international law bench book for Pakistan judiciary asserts that Pakistan is also the signatory of multiple international laws or declarations which focus mainly on fundamental rights to be observed primarily by the all the states who are signatories of it.

Some of the international laws which Pakistan is signatory of includes, Universal Declaration of Human Rights 1948 adopted by the United Nations which set out the fundamental rights to be universally protected. International covenant on civil and political rights which stresses the parties to respect the civil and political rights such as, right to life, speech and religion. Another International law of which Pakistan is signatory is international covenant on economic, social and cultural rights aims to ensure the right to education, health and adequate standard of living. Convention on the elimination of all forms of racial discrimination, Convention on the elimination of all forms of discrimination against women, Convention against torture, and Convention on the rights children. Sayyid Abul Ala Maududi (1976), details the fundamental rights of every human being, which are envisaged by sharia and Pakistan has incorporated the Sharia laws in its legal system. Sharia law underscores human rights such as the right to life, for all human beings regardless of his religion, sex, race, color, and language, as a human being. Rights of women, slaves, and prisoners of war are also envisioned by Islam.

8. Findings and Analysis

8.1. Lack of Rule of Law and Violations in Baluchistan

What Pakistan as a state lacks is rule of law or lack of democratic values. There are an immense number of cases of gross violation of fundamental rights by the authorities across the country, especially in Baluchistan and Khyber Pakhtunkhwa. Baluchistan is the largest province of Pakistan in terms of geographical area, almost 43% of the total area of the country is covered by this province and it has a huge quantity of natural resources such as gas, oil and minerals etc. However, the population of this province is 14.9 million. Which is least one compared to the other three provinces, Pakistan Bureau of Statistics, 2023.Majority of the Balochis have had different perspectives regarding their standing as a province which have been never appreciated by the central government. From Nawab Nauroz Khan Baluch, as Baloch I. ,(1987) mentions, who was first made agreed to come out of mountains for dialogue with the state, then  imprisoning him along with his son and nephews in 1958 by then Pakistan Martial Law Administrator, and eventually, his death in prison in 1964, to Mahrang Baloch who also has been detained under section 3 of maintenance of Public order 1960, despite the bail being granted by the court, for raising voice against enforced disappearances of Baluch people by the law enforcement agencies without showing any arrest warrant issued by competent authorities that leads to the violation of Article 10 of Constitution of Pakistan 1973 which assures the right to fair trial and safeguards as to the arrest and detention which is undermined by the law enforcement agencies while detaining people, Amnesty International,2025.

People of Baluchistan have been going through such persecution and brutality by the state for years now. Hundreds of people, especially youth from Baluchistan, are abducted and their locations are kept unknown to their families and legal pleaders. They are not produced before the competent authorities which is clearly violation of article 10 of the Constitution of Pakistan. When the families through their legal pleaders apply for the issuance of writ- Habeas corpus- in order to have the abducted one produced before the court by respective authority. Firstly, the courts get hesitant to entertain the case and if it is, somehow, heard by some upright and brave judges, their orders are not complied with: rather, they are blackmailed by kidnapping their loved ones and by threatening their family members, and eventually they have to withdraw themselves from the case. Former justice Athar Minallah of Supreme Court of Pakistan had disclosed the challenges judges faced when state did not cooperate which compromised judicial effectiveness in enforced disappearance, Dawn, 2025. Baloch Yekjehti Committee, a human rights movement, was created by Doctor Mahrang Baloch in 2018 in response to alleged state human rights abuses in Baluchistan. This is mainly led by Mahrang Baluch who is human right activist and doctor by profession and whose father, Abdul Gaffar Langove, was abducted in 2009 and his tortured and blood riddled body was found after 3 years in Lesbela. Her brother was also abducted in 2017 that fueled her activism against Enforced Disappearance in Baluchistan.

Ever since then, Dr. Mahrang has been organizing rallies and conducting protests against these human rights abuses in Baluchistan. However, the amount of brutality and persecution they have to face whenever they come out on the streets against the violations of these rights, are unimaginable, Arab News,2025. In other words, the right to assembly, which is embodied in the constitution of Pakistan under article 16, is often denied by the authorities. Dr. Mahrang Baloch had been nominated for Nobel Peace Prize award for her unremitting struggle against injustice in Baluchistan, The Tribune,2025. She was also one of those whose name had been included in Time Magazine 100 Next and invited to attend the Time Magazine Event, however, when she arrived at Jinnah International Airport Karachi for departure to attend the event, she was not allowed to travel by authorities due to her name being included in the security list, Dawn,2024. She was, subsequently, abducted and her whereabouts remained unknown for a few months and eventually, she was produced before Anti-Terrorism Court, Quetta, on July 8,2025, The Tribune, 2025.

Similarly, Sammi Deen Baloch, a student of journalism at Institute of Business Administration which is one of the best universities in Pakistan, had also been detained for protesting against enforced disappearance on the streets of Karachi under section 3 of Maintenance of Public Order 1960 but due to public pressure, she was granted bail after few days of arrest, The News International,2025. Her father, Doctor Deen Muhammad Baloch, was also forcibly disappeared on June 28,2009, ever since then, he had not been released, Dawn, 2025.In one of her interviews with Asad Ali Tour, she discloses an emotional shared moment between her and Dr. Mahrang Baloch, stating I often tell Mahrang with a desirous way” Mahrang! You are lucky that you have got to go to your father’s graveyard, can cry, and share with him what you are going through, but I cannot do that because I don’t even know whether my father is alive or dead”. There are immense cases of Baloch people of enforced disappearance followed by the deprivation of their right to fair trial as per article 10 and right to assembly in accordance with the article 16 of constitution of Pakistan.

8.2. Suppression of Freedom of Speech and Political Persecution

Furthermore, article 19 of Universal Declaration of Human rights 1948 and Constitution of Pakistan both stress on freedom of speech which empowers every citizen of Pakistan to express their thoughts without having any fear of being unjustly prosecuted. Unfortunately, when it comes to implementation, it badly fails. The situation of Khyber Pakhtunkhwa, Punjab and Sindh are also worsening day by day regarding Human rights violations by the authorities. It would not be wrong to say that there is no section in the society left unthreatened by the state or its institutions, be it journalist fraternity, Business community, politicians and their families, poets, writers, sports men, actors, media and most importantly, common citizens of Pakistan. Among them is Arshad Shareef, an investigative journalist, who was brutally killed in Kenya in the month of October,2022.

While he was in Pakistan, he was allegedly threatened with killing and stripping off his clothes after his relation with the military went strained, Aljazeera,2022. He was also forcibly fired from his job just because he had his own opinion regarding the status quo. His house was broken into multiple times as well as his vehicle was followed by the agencies. Consequently, he had to write letters to the then President of Pakistan Doctor Arif Alvi and then chief justice of Pakistan Umar Ata Bandiyal against the forged first information report (FIR) lodged against him by unknown persons, JournalismPakistan.com,2022. He first flew to Dubai and when the Dubai authorities were also pressured by Pakistani authorities for his extradition, they, instead of extraditing him, asked him to leave the territory. Arshad Shareef was forcibly compelled to go to Kenya as he had only a Kenyan visa at the time. He was, on reaching Kenya and after a few weeks, was shot on his head and killed while travelling to his residence at night in Kajiado, Kenya, Reporters Without Border. His mother accused senior Pakistani intelligence officers of their involvement in the murder, including the then Army chief and head of ISI for the targeted, planned and calculated murder. On application of his mother, a commission was formed by the federal government, however, no breakthrough came out of this up till now. She also approached supreme court of Pakistan for justice for her son but all her efforts were in vain as the supreme court refrained from adjudicating this case since it would hurt those in power and those who were accused by Arshad Shareef’s mother for the killing of her son, Zaman S.2024. Imran Riaz Khan, a journalist, analyst and youtuber, is another living instance of being victimized and unjustly persecuted by the authorities for speaking out against the government and military. He was arrested from the Sialkot Airport by Police and released but soon after his release, he was abducted by unknown persons for approximately more than 4 months, Hussain A,2023.

After his release from abduction, he told via his YouTube channel about the level of brutality he was subjected to and the kind of mental trouble he had to go through during the period of his abduction News,2025. Unfortunately, neither supreme nor high courts dared to inquire about the people who abducted and harmed him both physically and mentally. There are a number of cases of other journalists, political workers and other civilians who have been facing similar brutalities and illegal prosecutions by authorities. Imran Khan is another political victim who has been jailed since August 5, 2023 on, allegedly, frivolous and groundless cases. He is the former captain of Pakistan Cricket team who won World Cup 1992 under his leadership. He has also been the Prime minister of Pakistan from 2018 to 2021. He has been working as a philanthropist and established Pakistan’s largest cancer Hospital, Shaukat Khanum Memorial Hospital, where 75% of its patients get treatments free of cost. He was the Chancellor of Bradford university in 2005, Business Standard.

He was arrested in August 2023 from his house in Lahore for allegedly selling gifts worth more than 140 million that he received during his tenure as prime minister. 186 cases have been filed against him all over Pakistan right after his removal from the prime minister’s seat. Hearings of his cases are conducted in prison as he is not allowed to be produced before any court by those who have the de facto power. Sometimes, his family members, lawyers and his political party members are not allowed to see him in jail despite having orders from high courts by the jail superintendent, The Week. All his party members were forced to leave his party by kidnapping them, threatening their family members and by forcibly taking statements from his workers which could be used against him. The United Nation Working Group on Arbitrary Detention has declared Imran khan’s detention as violation to International Law and demanded immediate release. Furthermore, UN special rapporteur, Alice Jill Edwards, has also urged the government of Pakistan to take immediate and effective actions to address reports of inhumane and undignified   detention conditions of Former prime minister Imran khan.

8.3. Collapse of the Judicial System

The judicial system, on the other hand, has collapsed after the 26^th followed by the 27th amendment to the constitution of Pakistan 1973. Judiciary has been brought under executive control which is the stark violation of separation of power and principle of check and balance has been destroyed via these amendments, The Express Tribune. Sup motu power of the supreme court under article 184 (3) has been taken from supreme court. The principle of seniority for the appointment of chief justice of Pakistan as set by Al Jahad case back in 1996, has been downplayed which might have severe repercussions in the years to come. Furthermore, a separate federal constitutional court has been established which will entertain the constitutional matters and no other courts shall have the jurisdiction to entertain constitutional matters. As far as the appointment of first chief justice of the Federal Constitutional Court (FCC) is concerned, the president of Pakistan shall, on recommendation of the Prime minister of Pakistan, appoint him for the period of five years.

It also made changes in the procedure for the transfer of judges of high courts as per article 200 of constitution of Pakistan. Any judge who does not give his consent, within 30 days, to his transfer from one high court to another shall be proceeded against under article 209 by Supreme Judicial Council and there he has to satisfy the members of council with reasons and if he fails to do so; he shall be deemed to have retired, Dawn,2025. These amendments have completely collapsed the original structure of higher judiciary and divided the judges into two groups, one who believed in the rule of law and second, who believed in the rule by law, because it has become so easy for those who have actual power to formulate law through their like-minded legislators in the Parliament. Judiciary has been brought, completely, under executive which might have devastating repercussions in the years to come. Consequently, Justice Mansoor Ali Shah, a senior most judge of Supreme Court, resigned as a judge of Supreme Court, saying he could not work under such paralyzed judicial system that was followed by another judge of Supreme Court, Athar Minallah, and one of the judges of Lahore High court, Dawn,2025.

9. Recommendations and Conclusion

9.1. Recommendations (Way Forward)

What should be the way forward? What steps need to be taken to fix all this conundrum? The solution is easy and quite practical, which is the supremacy of rule of law. The state must undertake sweeping, multi-tiered reforms focused on legal, judicial, and institutional accountability to dismantle the culture of impunity that currently prevails.

1. Restoring Judicial Independence and Efficiency (Addressing the 26^th and 27th Amendments): In order to restore the independence of judiciary, 26^th and 27^th amendments need to be repealed which would pave the way for Supreme court of Pakistan to regain its constitutional powers including its Sou Moto power under article 184(3) that allows the Supreme court to take notice of human right abuses and question the concern authorities for their actions. The Supreme Court of Pakistan is the custodian and guardian of fundamental rights; thus, empowering the Supreme Court shall create hope of justice among ordinary people. Keeping in view the backlog of approximately 2 million cases that are currently under trial in the courts which become the cause for creating widespread disappointment and disillusionment in public, judicial reforms are direly needed which could align with the international standard of justice delivery. This requires strengthening judicial service delivery, streamline outdated processes and implementing targeted digital modernization strategies to increase efficiency and transparency. There are certain archaic colonial era laws that continue to undermine the fundamental rights. Therefore, these laws must be abolished. Furthermore, the existing contempt of court laws needs to be reformed as they are outdated, restrict free speech and prevent constructive and legitimate criticism of the court process. Moreover, every institution needs to function strictly within its own defined jurisdiction, upholding the constitutional principle of the separation of power.
2. Combating Enforced Disappearances and State Persecution: There is no ambiguity in the fact that many cases of enforced disappearances are used as a shield to hide behind by those who are disturbing peace in Baluchistan at the behest of our enemy, however, to permanently dismantle the contemptible practice of enforced disappearances and safeguard citizens against arbitrary detention and abduction; Pakistan must accede to and fully implement the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), and subsequently enact domestic legislation to officially criminalize enforced disappearance and torture as autonomous crimes, which are currently not recognized in the legal framework. The existing Commission of Inquiry on Enforced Disappearance must be reformed or replaced with an independent and unbiased Commission having a mandate to hold whosoever is involved responsible or accountable irrespective of his rank, office, caste and tribe, because the current Commission lacks structural and functional independence. There are no such transparent criteria for the appointment of commissioner and the definition of Enforced Disappearance defined by this commission is ambiguous. Moreover, the scope of inquiry seems to be limited, protection that is given to the victims and witnesses is also inadequate, and the work done by it is not reported to the public. Moreover, the government must also ensure that all detainees’ rights, including access to lawyers, family, and courts, are fully guaranteed. In order to provide extensive compensation and financial support to those who have been recovered from enforced disappearance, as well as to the families of those still missing or deceased, a transparent mechanism must be constituted. Furthermore, the state must increase its efforts to assess the strongly felt complaints or injustices in regions like Baluchistan, tackling issues of political exclusion, socioeconomic marginalization, and human rights violations, which are acknowledged root causes of violence and instability.

III. Mitigating Security Risks through Respect for Dissent: People, especially youths, need to be assured by the state that their opinions are valued and respected rather than being disgraced and ignored, because more than 60 percent of the population of Pakistan are below 30 ages. Therefore, engaging them in governance and policy making will bring societal transformation in the country. Pakistan has been the home of various terrorists organizations in the past, so if the government or state constantly continues to silence the dissents to such extent, it might motivate the youths, especially of Baluchistan and KPK,  to join these terrorists organizations which could pose more severe threats to the sovereignty of Pakistan since Terrorists organization like Baluchistan Liberation Army and Tehreek e Taliban Pakistan, which are much eager to welcome those people who have been wronged by the authorities, have been targeting ordinary people as well as Army troops and making their ill driven efforts to disturb the peace across Pakistan.

10. Conclusion

The comprehensive analysis of human rights violations in Pakistan reveals a critical gap between the constitutional guarantees and the lived reality of its citizens. The pervasive lack of the rule of law, coupled with the systematic undermining of democratic checks and balances through legal amendments like the 26^th and 27^th amendments, have created an environment of entrenched impunity for state actors. The consequences are starkly visible in the form of widespread persecution of journalists and political opponents, and the failure of the judiciary to protect fundamental rights (Articles 10, 16, 19).Victims of enforced disappearances need to be given a healing touch, letting them know about the conditions of their loved ones, allowing them to meet the abducted ones, providing them with the opportunity to prove their loved ones’ innocence in the court of law, and stopping further abduction without any warrant and concrete proofs of being involved in matters that are in contravention with the sovereignty of Pakistan. In the modern world, media is considered to be the 5^th organ of the state due to its effective relevance in the affairs of state and its crucial role in shaping the views of public; thus, persecuting journalists for having dissent views is not the appropriate way of dealing rather they must be respected and encouraged for the constructive criticism.

The stakeholders must realize that depriving citizens of their rights could never be tolerated for all times and, eventually, people may look up for an alternate option in order to have their rights protected and secured if the state does not do that job for them. What Pakistan needs to do is that it must ensure the rule of law and preservation of Fundamental rights that are given by the constitution to the people of Pakistan. This can only be realized by repealing 26^th and 27^th amendments, restoring public faith in the legal system, achieving judicial efficiency by addressing the massive case backlog, and establishing a zero-tolerance policy for state-led abuses are not merely legal requirements but essential prerequisites for national stability and progress.

A promise that has been made by the state with its citizens should be upheld and a hope of peace should be resurrected in the hearts of the public. States are established for the people and if people themselves are not protected from the state, it loses the purpose of being a state. Technically, the constitution is essentially a binding contract between the state and its subjects, obligating both parties to abide by its provisions, making it mandatory for both state and subjects to abide by whatever is written in it. Hence,   this promise(contract) is breached, it reflects disobedience and disloyalty to the constitution.

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Senate approves 27th Amendment bill with two-thirds majority. (2025). *SAMAA

The Federal Constitutional Court becomes operational after two more judges take oath. (2025, November 17). Geo News.

President Zardari gives assent to 27th Constitutional Amendment. (2025, November 13). Dawn.

Exclusive: Who is Sammi Deen & Deen Muhammad Baloch? BYC, constitution and Punjabi labourer issue? [Video]. (2025, December 21). YouTube.

Al Jazeera. (2024, July 1). Ex-Pakistan PM Imran Khan arbitrarily detained, says UN working group. Al Jazeera.

AFP. (2025, December 13). UN expert decries Imran’s detention, calls on authorities to ensure compliance with international standards. Dawn.

Malik, A. & Sheikh, W. A. (2025, November 16). Another judge quits over 27th Amendment. Dawn.