Human rights and islam parts i, ii, iii, iv, v by Farooque Kemal

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AL-ISLAM BOOK 11

HUMAN RIGHTS AND ISLAM A concise discussion on all aspects of human life in the present time, pointing to hypocrisy and injustice in human behaviour

By Muhammad Farooque Kemal B. Pharmacy (Punjab) M.Sc. Pharmaceutical Technology (University of London) SCIENTIST, INDUSTRIALIST & WRITER

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DEFENDERS OF ISLAM TRUST EMPRESS HOUSE, 28, EMPRESS ROAD, LAHORE

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All Copyrights Reserved First Edition: .......................................Feb. 2011 No. of Copies: ............................................... 500 Price: ......................................................... 500.00

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DEDICATED TO:

MUHAMMAD (S.A.A.W.) The Final Prophet of all Religions and all Nations of the World His Family & His Ummah

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CONTENTS Prologue.................................................................................................... 8 PART I (17 to 98) Chapter 1 United Nations & Human Rights ........................................................... 18 Charter of United Nations ......................................................................... 19 The General Assembly ............................................................................. 22 Security Council ....................................................................................... 26 Pacific Settlement of Disputes ................................................................. 28 Regional Arrangements ........................................................................... 33 International Economic and Social Cooperation ...................................... 34 The Economic and Social Council ........................................................... 35 Declaration regarding Non-Self-Government Territories.......................... 38 International Trusteeship System ............................................................. 39 The Trusteeship Council .......................................................................... 42 The International Court of Justice ............................................................ 43 The Secretariat......................................................................................... 44 Miscellaneous Provisions ......................................................................... 45 Transitional Security Arrangements ......................................................... 46 Ratification and Signature ........................................................................ 48 Chapter 2 Bill of Right ............................................................................................. 49 Human Rights in some Countries’ Constitutions ...................................... 51 1. Fundamental Rights in Pakistan’s Constitution .............................. 51 2. Fundamental Rights in India’s Constitution .................................... 63 3. Human Rights in the Constitution of U.S.A. .................................... 70 4. Canadian Charter of Rights and Freedoms .................................... 74 Chapter 3 European Convention on Human Rights ............................................. 78 First Protocol to the Convention 1952 ...................................................... 83 Fourth Protocol to the Convention 1963 .................................................. 84 Sixth Protocol to the Convention 1983 ..................................................... 85 Seventh Protocol to the Convention 1984................................................ 85 Chapter 4 The Federal Bill of Rights ...................................................................... 87 Chapter 5 Universal Declaration of Human Rights ............................................... 89 Chapter 6 Excerpts from the Anatomy of History ................................................ 95 Chapter 7 The Virginia Declaration of Rights ....................................................... 96

(6) PART II Chapter 1 Religions ............................................................................................... 100 Right to Religion ..................................................................................... 100 Affect of Religion on Social System; Affects on Culture ......................... 106 Affects on Legal Systems; Affects on Political System; ......................... 106 Affects on Intra-Nations Relationship; .................................................... 107 Affects on Education; Affect on Psychology; .......................................... 107 Religious Rights in some constitutions;.................................................. 111 Declaration on the Elimination of all Forms of Religious Intolerance ..... 116 Declaration on the Rights of persons belonging to National, Ethnic, Religious and Linguistic Minorities ......................................................... 122 Declaration of Islam as Universal Religion ............................................. 126 Remarks of Eminent Scholars ................................................................ 151 Chapter 2 Sanctity of Life ..................................................................................... 168 World Food Programme WFP ................................................................ 179 World Health Organization WHO ........................................................... 181 PART III Chapter 1 Rights of Home..................................................................................... 172 Poverty  A Killer; Over-Population, Child Labour; Displaced persons; Job Problems; Liquor, Gambling; Proceedings of Conference on Muslim Doctrine and Human Rights. ............................. 204 Chapter 2 Women’s Rights ................................................................................... 209 Chapter 3 Discrimination against Women........................................................... 218 Chapter 4 Convention on Elimination of Discrimination against Women. ....... 221 Chapter 5 Declaration on the Elimination of Violence against Women 1993 ... 236 Chapter 6 Children’s Rights ................................................................................. 242 Chapter 7 The Convention on the Rights of the Child ....................................... 249 Islam and Children ................................................................................. 274 PART IV Chapter 1 Honour  Dignity .................................................................................. 278 Chapter 2 Declaration on the Protection of All Prisoners from being subjected to torture and other cruel, inhuman or degrading treatment or punishment, 1975 ................................................................................. 298

(7) Chapter 3 Convention against Torture and other cruel, inhuman or degrading treatment or punishment, 1987 ........................................................... 302 Chapter 4 Geneva Convention relative to the protection of civilian persons in time of war, August 12 1949 ................................................................ 318 Chapter 5 Geneva Convention relative to the treatment of prisoners of war of August 12, 1949 .................................................................................... 324 Chapter 6 Geneva Convention for the amelioration of the condition of the wounded and sick in armed forces in the field, August 12, 1949 .... 337 Chapter 7 Rights to Justice .................................................................................. 343 Proceedings on Muslim Doctrine and Human Rights in Islam ........ 352 Provisions in Constitutions ..................................................................... 360 The International Court of Justice .......................................................... 361 Chapter 8 Education, Rights of Information ...................................................... 363 Contribution of Muslims for science and arts ................................... 376 PART V Chapter 1 Rights to Privacy .................................................................................. 388 Chapter 2 Rights to Liberty................................................................................... 399 Provisions in Constitutions ..................................................................... 414 Chapter 3 Freedom of Association ...................................................................... 424 Chapter 4 Rights to Political Independence........................................................ 428 Amnesty International ........................................................................... 450 Human Rights Watch ............................................................................. 452 Chapter 5 International Covenant on Civil and Political Rights ........................ 453 PART VI Chapter 1 Social Behaviour .................................................................................. 476 Chapter 2 Cultural Rights ..................................................................................... 489 Dress Culture; Family culture; Food culture, Religious culture; Literature culture; Architectural culture; Entertainment culture; Business culture; Political culture. Chapter 3 Economic Rights .................................................................................. 508

(8) Chapter 4 International Covenant on Economic, social and Cultural rights ............ 525 UNESCO. ............................................................................................... 537 PART VII Chapter 1 Nationalism and Discrimination, Racialism ....................................... 542 Race Relation Accounting 1976 ............................................................. 561 Chapter 2 United Nations Declaration on the Elimination of all forms of Racial Discrimination ...................................................................................... 564 Views of Eminent scholars about Islam. ................................................ 567 Chapter 3 International Convention on the Elimination of all Forms of Racial Discrimination 1966 ............................................................................. 570 Chapter 4 Immigrants, Displaced Persons.......................................................... 590 PART VIII Chapter 1 Prostitution & Immoral Sex ................................................................. 604 Vietnam; from racism to rape and prostitution, Military bases, Tourism and prostitution in post-Vietnam Asia; Militarized prostitutes. ....................... 617 Chapter 2 War and Terrorism ............................................................................... 658 Reasons for war; Expansion of Borders; Religious Wars, Economic Reasons; Intra-tribal wars; Cultural wars; Racial wars; Wars of Independence; War for anti-terrorism, War for border disputes; War to weaken nations; ideological wars; Wars for political dominance; war of wars i.e. Armageddon; Political terrorism; Terrorism for freedom; Terrorism to destroy economy, terrorism for countryâ&#x20AC;&#x2122;s break-up; Terrorism against Invaders; Religious terrorism, Immoral business. Bibliography ......................................................................................... 685 Index ...................................................................................................... 692 _________

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PROLOGUE In this book, the author has made an effort to cover all spheres of human life wherein all people have their fundamental rights by birth. People belonging to different ideologies differ in their views regarding rights of men, so does Islam which has its own peculiar views in the light of divine revelation sent to prophet Muhammad (S.A.W.) as recorded in the Holy Qurâ&#x20AC;&#x2122;an. Islam has given full human rights to all mankind, whether Muslims or non-Muslims, since fourteen centuries; there is nothing new in the United Nationsâ&#x20AC;&#x2122; Human Rights Charter, and in the constitutions of many countries. Islam gives all fundamental rights to all men and it also covers rights of parents, children relatives, neighbours, rulers, non-Muslim residents etc. In this book, we have tried to convince our readers that only Islam has a power to heal the ills of present day decadent behaviour of modern society due to lack of religious knowledge. This lack of religious knowledge has led to widespread blood-shed, adultery, destruction of home life and social life; peoples have become materialistic and try to seek pleasure and peace in such things which give only transitory pleasure. Permanent peace of mind and social justice can only be had by following Islam strictly. It must be admitted that in the field of science and education, Islamic countries are far behind than the Western countries; also peoples of the West enjoy better lifestyle and amenities but they have become very materialistic and have totally disregarded their religion. There are many things which the Muslim world has to learn from the West while the West in turn must learn many good things from the Muslim world. Our readers will notice in this book that fundamental rights are universally violated, there is an urgent need to hold the hands of Human Rights, violators and compel then and make them to realise that all human beings are of one origin and one family; all are children of Allah; the best ones are those who love, help and serve His children the most. Love and sacrifice for fellow human beings is the basis of Islam and even all the religions. For the Muslims, Prophet Muhammadâ&#x20AC;&#x2122;s (S.A.W.) commandments are final words on all matters, his words are neither challengeable nor disputable and are role model for all mankind. Prophet Muhammad (S.A.W.) is in fact the promised Universal Saviour, the true Christ of the world, He is the one about whom Moses (pbuh) spoke:

(10) The Lord thy God will raise unto thee a Prophet from the midst of thee, of thy brethren (i.e. Ismaelites) like unto me; unto him ye shall hearken. Deuteronomy 18:15 Moses (pbuh) spoke his last words to Joshua bin Nun, and ordered him to write down this most important prophecy and propagate and publicise it to all the generations to come. “And do thou, Joshua the son of Nun, keep these words and this book; for from my death until His advent there shall be CCL times.” (CCL times is 250 years-weeks i.e. 1750 years) Ref. Assumption of Moses 10:11, the Apocrypha and Pseudepigrapha of the Old Testament, p. 423 vol. 2 by R. H. Charles, Oxford Press, Oxford, U.K. Moses (pbuh) died in 1180 B.C. and Prophet Muhammad (S.A.W.) was born in 570 A.D.; prophecy of Moses (pbuh)is fulfilled in Muhammad (S.A.W.) exactly. Now it is divine duty of all the Jews and the Christians to accept Islam. Jesus Christ said: When the Helper, the Paraclete (Mediator) that I will send you from the Father, the spirit of the truth which proceeds from the Father, that one will bear witness about me and you in turn are to bear witness because you have been with me from when I began. ............. John 15:26 “But you do not be called Rabbis, for one is your teacher, whereas all you are brothers. Moreover do not call anyone your father on earth, for one is your father, the heavenly one. Neither be called leaders, for your leader is one, the Christ. ............................................................Matthew 23:8 In Gospel of Barnabas, page 103b, Jesus told name of the coming messenger as Muhammad who will come for the salvation of the world. In all the above prophecies, Prophet Muhammad is spoken of; his advent is fully confirmed. All the Muslims believe that Prophet Muhammad (S.A.W.) has given all the human rights which are good for mankind, and he has forbidden to all those acts which are detrimental for the mankind. Krishna prophesied about the coming of Kalki Avatar in the 6th century A.D.; Buddha Sakyamuni prophesied the coming of Amida (Maiterya, Metteya) in the 6th century. Zoroastra

(11) prophesied coming of Astavetereta and Mahavira prophesied the coming of Great Saviour in the sixth century, Krishna and Buddha Sakyamuni mentioned even the names of father and mother of Prophet Muhammad (S.A.W.). So only Prophet Muhammad’s commandments are an authority and worthy to be followed unconditionally, as men-made doctrine cannot match divine revelation. Now it is moral and divine duty of followers of all religions to embrace Islam. It is emphasized in this book that the world should acknowledge Prophet Muhammad’s (S.A.W.) teachings as last words on human rights; any variation or contradiction to it is nothing but disastrous for mankind. Prophet John and Jesus Christ gave happy news i.e. gospel to the world saying that ‘Kingdom of God i.e. God’s law is at hand; they spoke about Prophet Muhammad (S.A.W.) in fact who has established Allah’s law on earth which the Muslims follow and are ready to wage Jehad i.e. holy war for the just laws of Allah; world peace lies only in Allah’s law. Islam envisages a corruption free peaceful and just society free from obscenity, moral corruption, drugs and intoxicants, gambling, mutual prejudice and indiscrimination; and a world in which women are fully secure, liberated, free and are honoured and can work and play their role without exploitation by men for their business and sexual vested interest. The Holy Qur’an says: “Those people who will follow the Messenger, the GentileProphet, about whom they find mentioned in the Torah and the Gospel, he preaches them to do good and forbids them evil, allows them the clean things and forbids the unclean ones, and lifts from them their burden and the shackles which were upon them. So those people who believe in this prophet and honour him and assist him and follow that divine light which has been revealed to him, are the ones who will have salvation. O Prophet! Say: O people of the world I am Messenger of Allah to you all from the One Whose is the kingdom of the heavens and the earth; and save Him there is no god, Who gives life and causes death. So believe in Allah and His Messenger, the Gentile Prophet who believes in Allah and His commandments; follow him so that you are guided (to the true path).” Al-Araf 7-158

(12) And it behoves not a believing man or a believing woman, when a decision is made about a matter by Allah and His Messenger, to exercise a choice in their matter. And whoso disobeys Allah and His Messenger he certainly strays away in manifest error. ................. Al-Ahzab 33 : 37 “And whatever the Messenger gives you, accept it; and whatever he forbids you refrain from it. And fear Allah : surely, Allah is severe in retribution.” 59:8 “Today, I have perfected your religion for you and I have accomplished My favours upon you and I have given My consent and approval for Islam.” “He it is Who has sent His Messenger with the guidance and the religion of truth that He may cause it to prevail over all other religions even if those who worship partners with Allah hate it.” Al-Saff 61-10 Whoso desires a faith different from Islam, shall not be accepted and he will be one of the losers in the Hereafter. Al-Imran 3:85 After last and final words from Allah has been revealed, there is no argument left to deviate from it. Acceptance if Islam is incumbent upon all the mankind. In all new situations which arise with change of time, new principles can be developed keeping in view the spirit of divine commandments. It is interesting to note that even the non-Muslims agree to almost all the principles of Islam, like equality of all men, emancipation and honouring of women, hatred for uninhibited free sex, hatred for drugs, intoxicants; hatred for gambling and all social crimes and criminal activities against humanity. Islam is undoubtedly pioneer and leader for fundamental human rights; rather its scope encompasses many new spheres of human behaviour. World’s peace lies in following the principles of Islamic faith. One of the most important principle is that powerful nations should not suppress the weak nations nor should exploit them nor meddle in political affairs to destabilize them nor should help secretly such political groups who further the cause of capitalist states at the expense of their own economic uplift. Islam envisages such political system in which poor common man’s interest is supreme objective and wealth of a nation should circulate among the masses as well as rich men, industrialists and businessmen with justice; exploitation of masses by a small influential group is repugnant to Islam.

(13) Islam hates all such wars which are made to kill innocent masses; alas! Powerful capitalists are continuously waging wars against weak nations to get richer and control their natural resources; this is totally un-Islamic and inhuman. Millions are being massacred and made homeless even today for no cause other than greed for poor menâ&#x20AC;&#x2122;s wealth under the pretext of worldâ&#x20AC;&#x2122;s peace. Islam has nothing to do with this type of dirty games. It is certainly the present time about which Prophet Muhammad (S.A.W.) prophesied fourteen centuries ago; we mention those prophesies hereunder: People will come from the East and people will come from the West with their figures like figures of human beings but their hearts will be like the hearts of devils having no pity for children nor any respect for elders. Western Christian nations will join together and call each other as you call each other for dinner to kill weak Muslim nations. Children will become rude and disobedient to their parents. A time will fall upon mankind that men will become wolves; and whoso will not become wolf, other wolves will eat him up. The most vile person, son of the most vile will become auspicious among men. Falsehood will spread every where. A time will come upon mankind when a person will not care whether he gets wealth lawfully or unlawfully. How it will be when you will see bad actions deemed good, and will see good actions deemed bad? A man will be honoured out of fear of his mischiefs. Singing girls and musical instruments shall come to manifest; intoxicants will be drunk, boys will be envied as are envied virgin girls. Men and women, young and old, will dance with music like monkeys. People will die suddenly; people will be killed, neither the killer will know why he killed nor the killedď&#x20AC;one will know why he was killed. Divorce will be common.

(14) Leaders will be sinners and ministers will be debauchees and trustees will be embezzlers. Young men will become chiefs; women will be called for consultation; women will do business; desolated places will be inhabited, and populated places will become desolate. New musical instruments will come to be invented, intoxicants will be drunk; bastards will be in majority. The Hour will not come till obscenity will become prevalent, and also miserliness. A trustee will embezzle, and a dishonest will be trusted. Noble people will become extinct and subordinates will be rude to their masters. A manâ&#x20AC;&#x2122;s friendship will be with outsiders, but ties will be broken with relatives; hypocrites will become head of the tribes. A man shall obey his wife and disobey his mother and he shall draw his friend near but keep his father away. Knowledge will be acquired for money, not for religion. Learning will be lifted up, illiteracy will be prevalent, adultery will increase, drinking of intoxicants will increase. Obesity will become common. Some nations will appear at the end of time whose faces will be like men but their hearts will be devilâ&#x20AC;&#x2122;s hearts. They will refrain from no evil; and bloodshed will increase; till the people will compete one another in lofty buildings; men will fulfil their sexual needs from men; and women from women. In the Last Days, people will become ignorant, and learned ones will become evildoers. People will dispute in their matters and will follow their low-desires. And judgement will be made with presumption, knowledge will be taken away and ignorance will prevail. Children will show anger and become rude.. obscene actions will be committed openly, and earth will be full of bloodshed.

All the above prophecies has come to be true; it is a challenge for the whole world, especially the Muslim world, to save the humanity from total destruction. Islam is the only religion which declares all human beings as one family; their

(15) different religions are also of one origin. One of the greatest goal of Islamic revolution is to uplift the poor economically and provide them justice and exhort wealthy ones to share their wealth with ‘have-nots. Prophet Muhammad (S.A.W.) and his companions are good exemplar for the mankind in this regard. Rich peoples need to cultivate the spirit of sacrifice and spend their wealth for the poor ones. As God is kind to all men whether a believer or nonbeliever, so should people with resources take care of those who are without it, and should not take into account religion race, colour and language etc. It is God’s colour which men should acquire, says the Holy Qur’an. In the present age of so-called enlightenment, women’s role has become important in the most spheres of life, Islam puts no check or restruction upon them except that they are not exploited and mistreated by men for their own vested interests, women must be given their due respect such that their true functions and duties are not in jeopardy. True functions of women are to look after their house, children and household members. So special legislations are necessary which give women job opportunities as well as time for their homes too. Women should not be made a working and money-making machines, primary duty is man’s to work and earn for the family. Women should be given jobs near their residences and their work-timings should be set so as to accommodate duties in their homes. Women are too precious to be converted as working machines; it is injustice to expect women to work doubly, first in offices or industry and then in their homes. A destruction of women’s natural functions is in fact the destruction of whole mankind; if home is destroyed, everything in life is destroyed. In the present time, it has become important that both men and women should work to meet high expenses of life; Islam advocates special regards for women. In the present age, games have become very popular, new inventions for pastimes have been invented. Islam is not against any sport which gives pleasure to men but it do expect that there should be a balance between recreation and duties towards the Creator, family and society; every one should be given its due share. People must enjoy sports competitions and games of pleasure, but gambling is in no way permissible in Islam or wasting of too much time at the expense of family-life and prayer, moderation is the best policy. In the modern age, it is a great evil that young men and women meet together and live together without marriage; this

(16) leads to a transient joy but lifelong frustration. Some couples get married only temporarily; after separation or divorce, children as well as the parents suffer heavily, both physically as well as psychologically and spiritually; this is a disaster and moral stigma for lifetime. Islam is deadly against this way of life. Due to non-serious attitude of parents, children are becoming rude and away from their parents, a generation gap is growing as well as moral decadency is becoming evident. It is a duty from Allah in Islam that parents should control education and behaviour of their children and should take full interest in their well-beings till they are adult and self-sufficient. Parents are role-model for their children. Parents must keep an atmosphere of mutual love and peace in their homes. Children’s behaviour depend upon parents’ instructions and behaviour. In this book, it has been repeatedly shown that there is great hypocrisy and diplomacy in the actions of men all over the world irrespective of religion or race; violations of human rights are observable all over the world even among those who claim and pose to be most outspoken and pioneer; greed and lust for worldly pleasures is ruling every where. Powerful rich countries are exhausting natural wealth of the poor weak nations as well as causing ‘Brain Drain’ of educated ones who donot find attractive jobs in their own countries. Only under the banner of Islam lies peace of their world, Muslims must be the first to demonstrate its truth with this own behaviour and become a role-model for others. Muslim world faces a great challenge to come out of their worldly deplorable low position and poor performance in almost all worldly affairs; non-Muslims will listen to them only after they demonstrate that Islam furnishes a better way of life both worldly as well as spiritually.

We invite all our readers to study Islam, embrace it and join the forces of Islam to build a new civilization full of mutual love and peace. With Love and Prayers.

Muhammad Farooque Kemal __________

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PART I

UNITED NATIONS AND HUMAN RIGHTS  Charter of Human Rights  Human Rights in some Countries’ Constitution  European Convention on Human Rights  The Federal Bill of Rights  Universal Declaration of Human Rights  Anatomy of History  The Virginia Declaration of Rights

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Chapter 1

UNITED NATIONS AND HUMAN RIGHTS After the failure of League of Nations to prevent Second World War, then the United Nations Organization was formed in 1945, the organization founding nations resolved that the horrors of the Second World War should never be allowed to recur. The General Assembly is the main body of the United Nations, made up of 185 Member States, it reviews and takes action on human rights matters referred to it by its Third Committee and by the Economic and Social Council. The Economic and Social Council is composed of 54 member Governments; it makes recommendations to the General Assembly on human rights matters; reviews reports and resolutions of the Commission on Human Rights and transmits them with amendments to the General Assembly. The Commission on Human Rights is the main policymaking body dealing with human rights issues; it is composed of 53 member Governments; it prepares studies, makes recommendations and drafts international human rights conventions and declarations; investigates allegations of human rights violations and handles communications relating to them. ^ The Commission has established a number of subsidiary bodies, including the Sub-Commission on Prevention of Discrimination and Protection of Minorities; it undertakes studies and makes recommendations to the Commission concerning the prevention of discrimination against racial, religious and linguistic minorities. The Commission on the Status of Women is composed of . 32 members; it prepares recommendations and reports to the Economic and Social Council on the promotion of womenâ&#x20AC;&#x2122;s rights in political, economic, social and educational fields. The Commission on Crime Prevention and Criminal Justice is composed of 40 members, is the main United Nations policy-making body on criminal justice. The International Covenant on Economic, Social and Cultural Rights -and the International Covenant on Civil and Political Rights are legally binding human rights agreements.

(19) Both were adopted in 1966 and entered into force 10 years later, making many of the provisions of the Universal Declaration of Human Rights effectively binding. Conventions include the Convention on the Prevention and Punishment of the Crime of Genocide; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of the Child; and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Charter of the United Nations Preamble We the peoples of the United Nations Determined • to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and • to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and • to establish conditions under which justice and respect for the obligations arising from treaties and other sources of. international law can be maintained, and • to promote social progress and better standards of life in larger freedom. And for these Ends • to practice tolerance and live together in peace with one another as good neighbors, and • to unite our strength to maintain international peace and security, and • to ensure ‘by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and • to employ international machinery for the promotion of the economic and social advancement of all people. Have Resolved to Combine our Efforts to Accomplish these Aims Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have

(20) agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations. Purposes and Principles Article 1 The Purposes of the United Nations are: 1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace; 2. To develop friendly relations among nations based on respect for the principle of equal rights and selfdetermination of peoples, and to take other appropriate measures to strengthen universal peace; 3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and 4. To be a center for harmonizing the actions of nations in the attainment of these common ends. Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles. 1. The Organization is based on the principle of the sovereign equality of all its Members. 2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter. 3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. 4. All Members shall refrain in their international relations from the threat or use of force against the territorial

(21) integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action. 6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII. Membership Article 3 The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of January 1, 1942, sign the present Charter and ratify it in accordance with Article 110. Article 4 1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. 2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council. Article 5 A member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and

(22) privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the. Security Council. Article 6 A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council. Article 7 1. There are established as the principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council, a Trusteeship Council, an International Court of Justice, and a Secretariat. 2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter. Article 8 The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs. THE GENERAL ASSEMBLY Composition Article 9 1. The General Assembly shall consist of all the Members of the United Nations. 2. Each member shall have not more than five representatives in the General Assembly. Functions and Powers Article 10 The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters. Article 11 1. The General Assembly may consider the general principles â&#x20AC;&#x153;of cooperation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments,

(23) and may make recommendations with regard to such principles to the Members or to the Security Council or to both. 2. The General Assembly may discuss any questions relating to the maintenance of international peace ‘and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion. . 3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and, security. 4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10. Article 12 1. While the Security Council is exercising .in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests. 2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, ‘immediately the Security Council ceases to deal with such matters. Article 13 1. The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international cooperation in the political Rule and encouraging the progressive development of international law and its codification; (b) promoting international cooperation in the “economic, social, cultural, educational, and health

(24) fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 14 Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations. Article 15 1. The General Assembly shall receive and consider annual and special reports from the Security Council; . these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security. 2. The General Assembly shall receive and consider reports from the other organs of the United Nations. Article 16 The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areas not designated as strategic. Article 17 1. The General Assembly shall consider and approve the budget of the Organization. 2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly. 3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned. Voting Article 18 1. Each member of the General Assembly shall have one vote. 2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the

(25) members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph l(c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions. 3. Decisions on other questions, Composition including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting. Article 19 A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member. Procedure Article 20 The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations. Article 21 The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session. Article 22 The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. THE SECURITY COUNCIL Article 23

(26) 1.

The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be nonpermanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election. Each member of the Security Council shall have one representative.

Functions and Powers Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. 2. In discharging these duties the Security Council shall accounting in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII. 3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration. Article 25 The members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

(27) Article 26 In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the worldâ&#x20AC;&#x2122;s human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

Voting Article 27 1. Each member of the Security Council shall have one vote. 2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members. 3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting. Procedure Article 28 1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization. 2. The Security Council shall hold periodic meetings at which each of its members may, if it so desires, be represented by a member of the government or by some other specially designated representative. 3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work. Article 29 The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions. Article 30 The Security Council shall adopt its own rules of procedure, including the method of selecting its President. Article 31

(28) Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected. Article 32 Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations. PACIFIC SETTLEMENT OF DISPUTES Article 33 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. 2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means. Article 34 The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. Article 35 1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. 2. A state which is not a Member of the United Nations may bring, to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the

(29) obligations of pacific settlement provided in the present Charter. 3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12. Article 36 1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment. 2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties. 3. In making recommendations under this Article, the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court. Article 37 1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council. 2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate. Article 38 Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

ACTION WITH RESPECT TO THREATS TO THE PEACE BREACHES OF THE PEACE AND ACTS OF AGGRESSION Article 39 The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be

(30) taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. Article 40 In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. 2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided. 3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and

(31) Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes. Article 44 When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to, provide armed forces in fulfillment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Memberâ&#x20AC;&#x2122;s armed forces. Article 45 In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee. Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee. Article 47 1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Councilâ&#x20AC;&#x2122;s military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament. 2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committeeâ&#x20AC;&#x2122;s responsibilities requires the participation of that Member in its work.

(32) 3.

The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently. 4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional subcommittees. Article 48 1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine. 2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members. Article 49 The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council. Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems. Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

(33)

REGIONAL ARRANGEMENTS Article 52 1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations. 2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council. 3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either, on the initiative of the states concerned or by reference from the Security Council. 4. This Article in no way impairs the application of Articles 34 and 35. Article 53 1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state. 2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter. Article 54

(34) The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

INTERNATIONAL ECONOMIC AND SOCIAL COOPERATION Article 55 With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote: (a) higher standards of living, full employment, and conditions of economic and social progress and development; (b) solutions of international economic, social, health, and related problems; and international cultural and educational co-operation; and (c) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 All Members pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55. Article 57 1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63. 2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies. Article 58 The Organization shall make recommendations for the coordination of the policies and activities of the specialized agencies.

(35) Article 59 The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55. Article 60 Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

THE ECONOMIC AND SOCIAL COUNCIL Composition Article 61 1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly. 2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election. 3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly. 4. Each member of the Economic and Social Council shall have one representative. Functions and Powers Article 62 1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to

(36) any such matters to the General Assembly, to the Members of the United Nations, and to the specialized agencies concerned. 2. It may make recommendations for the purpose of promoting respect for and observance of, human rights and fundamental freedoms for all. 3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling. 4. It may call, in accordance with the rules prescribed by the United Nations, international conferences on matters falling within its competence. Article 63 1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly. 2. It may coordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations. Article 64 1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly. 2. It may communicate its observations on these reports to the General Assembly. Article 65 The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request. Article 66 1. The Economic and Social Council shall perform such functions as fall within its competence in connection with the carrying out of the recommendations of the General Assembly.

(37) 2.

It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies. 3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly. Article 67 1. Each member of the Economic and Social Council shall have one vote. 2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

Procedure Article 68 The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions. Article 69 The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member. Article 70 The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies. Article 71 The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned. Article 72 1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President. 2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision

(38) for the convening of meetings on the request of a majority of its members. DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES Article 73 Members of United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: (a) to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses; (b) to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement; (c) to further international peace and security; (d) to promote constructive measures of development, to encourage research, and to cooperate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and (e) to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply. Article 74 Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies,

(39) no less than in respect of their metropolitan areas, must be based on the general principle of good-neighborliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters. INTERNATIONAL TRUSTEESHIP SYSTEM Article 75 The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories. Article 76 The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be; (a) to further international peace and security; (b) to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement; (c) to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and (d) to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals and also equal treatment for the latter in the administration of justice without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80. Article 77 1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements: (a) territories now held under mandate;

(40) (b)

territories which may be detached from enemy states as a result of the Second World War, and (c) territories voluntarily placed under the system by states responsible for their administration. 2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms. Article 78 The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality. Article 79 The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80 1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties. 2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77. Article 81 The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the

(41) administering authority, may be one or more states or the Organization itself. Article 82 There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43. Article 83 1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Security Council. 2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area, 3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social and educational matters in the strategic areas. Article 84 It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defense and the maintenance of law and order within the trust territory. Article 85 1. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly. 2. The Trusteeship Council, operating under the authority of the General Assembly, shall assist the General Assembly in carrying out these functions.

THE TRUSTEESHIP COUNCIL

(42) Composition Article 86 1. The Trusteeship Council shall consist of the following Members of the United Nations: (a) those Members administering trust territories; (b) such of those Members mentioned by name in Article 23 as are not administering trust territories; and (c) as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not. 2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein. Functions and Powers Article 87 The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may: (a) consider reports submitted by the administering authority; (b) accept petitions and examine them in consultation with the administering authority; (c) provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and (d) take these and other actions in conformity with the terms of the trusteeship agreements. Article 88 The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire. Voting Article 89 1. Each member of the Trusteeship Council shall have one vote.

(43) 2.

Decisions of the Trusteeship Council shall be made by a majority of the members present and voting. Procedure Article 90 1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President. 2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members. Article 91 The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

THE INTERNATIONAL COURT OF JUSTICE Article 92 The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter. Article 93 1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice. 2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council. Article 94 1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party. 2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. Article 95

(44) Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future. Article 96 1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. 2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities. THE SECRETARIAT Article 97 The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The SecretaryGeneral shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization. Article 98 The Secretary-General shall act in that capacity in all meetings of the General Assembly of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization. Article 99 The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security. Article 100 1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization. 2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and

(45) not to seek to influence them in the discharge of their responsibilities. Article 101 1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly. 2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat. 3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

(46)

MISCELLANEOUS PROVISIONS Article 102 1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it. 2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph I of this Article may invoke that treaty or agreement before any organ of the United Nations. Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail. Article 104 The Organization shall enjoy in the territory of each of its Members, such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes. Article 105 1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes. 2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization. 3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

TRANSITIONAL SECURITY ARRANGEMENTS Article 106 Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four- Nation Declaration, signed at Moscow

(47) October 30, 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires, with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security. Article 107 Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

AMENDMENTS Article 108 Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two-thirds of the Members of the United Nations, including all the permanent members of the Security Council. Article 109 1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any seven members of the Security Council. Each Member of the United Nations shall have one vote in the conference. 2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council. 3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the

(48) members of the General Assembly and by a vote of any seven members of the Security Council.

RATIFICATION AND SIGNATURE Article 110 1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes. 2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the SecretaryGeneral of the Organization when he has been appointed. 3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states. 4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications. Article 111 The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states. IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter. _________

(49)

Chapter 2

BILL OF RIGHT In other countries the rights of the citizen are usually (though not universally) to be found enunciated in general terms in a Bill of Rights or other constitutional document. The effectiveness of such instruments varies greatly. A Bill of Rights is not an automatic guarantee of liberty; its efficacy depends on the integrity of the institutions, which apply it, and ultimately on the determination of the people that it should be maintained. The United Kingdom as such has no Bill of rights of this kind. The Bill of Rights of 1688 though more concerned with the relationship between the English Parliament and the Crown, did contain some important safeguards for personal liberty as did the claim of Right of 1689, its Scottish equivalent. Among the provisions common the both the Bill of Rights and the Claim of Right are declarations that excessive bail is illegal and that it is the right of subjects to petition these instruments to the rights and liberties of the citizen is much narrower than the constitutional guarantees now afforded in many other democratic countries.(Civil Liberties)1 A Bill of Rights would not necessarily hamper strong, effective and democratic government because it could recognise that interference with certain right would be justifiable if they were necessary in a democratic society, for example, in the interests of national security, public safety or the economic wellbeing of the health or morals, or for the protection of the rights and freedoms of others. (Civil Liberties)2 Lord Denning (369 HL Debentures 25 March 1976 cols 797-8) has expressed opposition to a Bill of Rights on the different ground of the effect upon judicial independence and public confidence in the courts: â&#x20AC;&#x2DC;.... If Judges were given power to overthrow sections or Acts of parliament, they would become political, their appointments would be based on political grounds and the reputation of our Judiciary would suffer accordingly. One has only to see, in the great Constitutions of United States of America 1 2

Cases in Civil Liberties by Robert F. Cushman. Cases in Civil Liberties by Robert F. Cushman.

(50) and India, the conflicts which arise from time to time between the judges and the Legislature, I hope we shall not have such conflicts in this country. The independence of our judges and their reputation for impartiality depend on their obeying the will of Parliament and on their being independent. The independence of the judges is the other pillar of our Constitution. (Civil Liberties, p. 15) __________

(51)

HUMAN RIGHTS IN SOME COUNTRIES’ CONSTITUTIONS FUNDAMENTAL RIGHTS IN PAKISTAN’S CONSTITUTION Fundamental Rights and Principles of Policy Definition of the State. In this part, unless the context otherwise requires, “the State” means the Federal Government. Majlis-e-Shoora (Parliament)], a Provincial Government, a Provincial Assembly, and such local or other authorities in Pakistan as are by law empowered to impose any tax or cess.

CHAPTER I – FUNDAMENTAL RIGHTS Laws inconsistent with or in derogation of Fundamental Rights to be void. (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void, (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. (3) The provisions of this Article shall not apply to, (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule; and no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in [Part II of the First Schedule] into conformity with the rights conferred by this Chapter: Provided that the appropriate Legislature may by

(52) resolution extend the said period of two years by a period not exceeding six months. Explanation. If in respect of any law [Majlis-e-Shoora (Parliament)] is the appropriate Legislature, such resolution shall be a resolution of the National Assembly. (5) The rights conferred by this Chapter shall not be suspended except as expressly provided by the Constitution. 9. Security of person. No person shall be deprived of life or liberty save in accordance with law. 10. Safeguards as to arrest and detention. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall be made except to deal with persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services, and no such law shall authorise the detention of a person for a period exceeding [three months] unless the appropriate Review Board has, after affording him an opportunity of being heard .in person, reviewed his case and reported, before the expiration of the said period, that there is, in its opinion, sufficient cause for such detention, and, if the detention is continued after the said period of [three months], unless the appropriate Review Board has reviewed his case and reported, before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. Explanation I. ď&#x201A;ž In this Article, â&#x20AC;&#x153;the appropriate Review Boardâ&#x20AC;? means, (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge

(53) of the Supreme Court or a High Court; and (ii) in the case of a person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court. Explanation II. ď&#x201A;ž The opinion of a Review Board shall be expressed terms of the views of the majority of its numbers. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, within fifteen days from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. (6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. (7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case: Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy [or who is acting or attempting to act in a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or who commits or attempt to commit any act which amounts to an anti-national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity]. (8) The appropriate Review Board shall determine the place of detention of the person detained and fix a reasonable subsistence allowance for his family. (9) Nothing in this Article shall apply to any person

(54) who for the time having is an enemy alien. 11. Slavery, forced labour, etc., prohibited.  (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (2) All forms of forced labour and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. (4) Nothing in this Article shall be deemed to affect compulsory service-(a) by any person undergoing punishment for an offence against any law, or (b) required by any law for public purpose: Provided that no compulsory service shall be of a cruel nature or compatible with human dignity. 12. Protection against retrospective punishment  (1) No law shall authorize the punishment of a person-(a) for an act or omission that was not punishable by law at the time of the act or omission; or (b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed. (2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six an offence. 13. Protection against double punishment and selfincrimination. No person-(a) shall be prosecuted or punished for the same offence more than once; or (b) shall, when accused of an offence, be compelled to be a witness against himself. 14. Inviolability of dignity of man, etc.  (1) The dignity of man and subject to law, the privacy of home, shall be inviolable. (2) No person shall be subjected to torture for the purpose of extracting evidence. 15. Freedom of movement, etc. Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move

(55) freely throughout Pakistan and to reside and settle in an part thereof. 16. Freedom of assembly. Every citizen shall have the right assemble peacefully and without arms, subject to any reasonable restriction imposed by law in the interest of public order. 17. Freedom of association.  (1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of 1[sovereignty or integrity of Pakistan, public order or morality. 2[(2) Every citizen, not being in the service of Pakistan, shall have a right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the Federal Government shall, within fifteen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final. 18. Freedom of trade, business or profession.  Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful trade or business: Provided that nothing in this Article shall prevent(a) the regulation of any trade or profession by a licensing system; or (b) the regulation of trade, commerce or industry in the interest of free competition therein; or (c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, or any trade, business, industry or service, to the exclusion, complete or partial, of other persons. 19. 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, 3[commission of] or incitement to an offence.

(56) 20. Freedom to profess religion and to manage religious institutions.  Subject to law, public order and morality-(a) every citizen shall have the right to profess, practise and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institution. 21. Safeguard against taxation for purposes of any particular religion.  No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own. 22. Safeguards as to educational institutions in respect of religion, etc.  (1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation. (3) Subject to law, (a) no religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any educational institution maintained wholly by that community or denomination; and (b) no citizen shall be denied admission to any educational institution receiving aid from public revenues on the ground only of race, religion, caste or place of birth. (4) Nothing in this Article shall prevent any public authority from making provision for the advancement of any socially or educationally backward class of citizens. 23. Provision as to property.  Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest. 24. Protection of property rights.  (1) No person shall be compulsorily deprived of his property save in accordance with law. (2) No property shall be compulsorily acquired or taken

(57) possession of save for a public purpose, and have by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. (3) Nothing in this Article shall affect the validity of-(a) any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health; or (b) any law permitting the taking over of any property which has been acquired by, or come into the possession of, any person by any unfair means, or in any manner, contrary to law; or (c) any law relating to the acquisition, administration or disposal of any property which is or is deemed to be enemy property or evacuee property under any law (not being property which has ceased to be evacuee property under any law); or (d) any law providing for the taking over of the management of any property by the State for a limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner; or (e) any law providing for the acquisition of any class of property for the purpose of-(i) providing housing and public facilities and services such as roads, water supply, sewerage, gas and electric power to all or any specified class of citizens; or (ii) providing maintenance to those who, on account of unemployment, sickness, infirmity or old age, are unable to maintain themselves, or (f) any existing law or any law made in pursuance of Article 253. (4) The adequacy or otherwise of any compensation provided for by any such law as is referred to in this Article, or determined in pursuance thereof, shall not be called in question in any Court. 25. Equality of citizens. ď&#x201A;ž (1) All citizens are equal before law and are entitled to equal protection of law. (2) There shall be no discrimination on the basis of sex alone.

(58) (3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children. 26. Non-discrimination in respect of access to public places.  In respect of access to places of public entertainment or resort, not intended for religious purposes only, there shall be no discrimination against any citizen on the ground only of race, religion, caste, sex, residence or place of birth. (2) Nothing in clause (1) shall prevent the State from making any special provision for women and children. 27. Safeguard against discrimination in services.  (1) No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against in respect of any such appointment on the ground only of race, religion, caste, sex, residence or place of birth: Provided further that, in the interest of the said service, specified posts or services may be reserved for members of either sex if such posts or services entail the performance of duties and functions which cannot be adequately performed by members of the other sex. (2) Nothing in clause (1) shall prevent any Provincial Government, or any local or other authority in a Province, from prescribing, in relation to any post or class of service under that Government or authority, conditions as to residence in the Province, for a period not exceeding three years, prior to appointment under that Government or authority. 28. Preservation of language, script and culture.  Subject to Article 251 any section of citizens having a distinct language, script or culture shall have the right to preserve and promote the same and, subject to law, establish institutions for that purpose. CHAPTER 2  PRINCIPLES OF POLICY 29. Principles of policy.  (1) The Principles set out in this chapter shall be known as the Principles of Policy, and it is the responsibility of each organ and authority of the State, and of each person performing functions on behalf of an organ or authority of the State, to act in accordance with those principles in so far as they relate to the functions of the organ or authority. (2) In so far as the observance of any particular Principle of Policy may be dependent upon resources being

(59) available for the purpose, the Principles shall be regarded as being subject to the availability of resources. (3) In respect of each year, the President in relation to the affairs of the Federation, and the Governor of each Province in relation to the affairs of his Province, shall cause to be prepared and laid before the National Assembly or, as the case may be, the Provincial Assembly, a report on the observance and implementation of the Principles of Policy, and provision shall be made in the rules of procedure of the National Assembly or, as the case may be, the Provincial Assembly, for discussion on such report. 30. Responsibility with respect to Principles of Policy.  (1) The responsibility of deciding whether any action of an organ or authority of the State, or of a person performing functions on behalf of an organ or authority of the State, is in accordance with the Principles of Policy is that of the organ or authority of the State, or of the person, concerned. (2) The validity of an action or of a law shall not be called in question on the ground that it is not in accordance with the Principles of Policy, and no action shall lie against the State, any organ or authority of the State or any person on such ground. 31. Islamic way of life.  (1) Steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enabled to understand the meaning of the according to the Holy Quran and Sunnah. (2) The State shall endeavour, as respects the Muslims of Pakistan  (a)

to make the teaching of the Holy Quran and Islamiat compulsory, to encourage and facilitate the learning of Arabic language and to secure correct and exact printing and publishing of the Holy Qur’an.

(b)

to promote unity and the observance of the Islamic moral standards; and

(c)

to secure the proper organisation of zakat, [ushr] auqaf and mosques.

32. Promotion of local government Institutions  The State shall encourage local Government institutions composed of

(60) elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women. 33. Parochial and other similar prejudices to be discouraged. (The State shall discourage parochial, racial, tribal, sectarian and provincial prejudices among the citizens. 34. Full participation of women in national life.  Steps shall be taken to ensure full participation of women in all spheres of national life. 35. Protection of family etc.  The State shall protect the marriage, the family, the mother and the child. 36. Protection of minorities.  The State shall safeguard the legitimate rights and interests of minorities, including their due representation in the Federal and Provincial services. 37. Promotion of social justice and eradication of social evils.  The State shall(a)

promote, with special care, the educational and economic interests of backward classes or areas;

(b)

remove illiteracy and provide, free and compulsory secondary education within minimum possible period,

(c)

make technical and professional education generally available and higher education equally accessible to all on the basis of merit;

(d)

ensure inexpensive and expeditious justice;

(e)

make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment;

(f)

enable the people of different areas, through education, training, agricultural and industrial development and other methods, to participate fully in all forms of national activities, including employment in the service of Pakistan;

(g)

prevent prostitution, gambling and taking of injurious drugs, printing, publication, circulation and display of obscene literature and advertisements;

(61) (h)

prevent the consumption of alcoholic liquor otherwise than for medical and, in the case of nonMuslims, religious purposes; and

(i)

decentralize the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.

38. Promotion of social and economic well-being of the people.  The State shall-(a)

secure the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants;

(b)

provide for all citizens, within the available resources of the country, facilities for work and adequate livelihood with reasonable rest and leisure;

(c)

provide for all persons employed in the service of Pakistan or otherwise, social security by compulsory social insurance or other means;

(d)

provide basic necessities of life, such as food, clothing, housing, education and medical relief, for all such citizens, irrespective of sex, caste, creed or race, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment;

(e)

reduce disparity in the income and earnings of individuals, including persons in the various classes of the service of Pakistan; and

(f)

eliminate riba as early as possible.

39. Participation of people in Armed Forces.  The State shall enable people from all parts of Pakistan to participate in the Armed Forces of Pakistan. 40. Strengthening bonds with Muslim world ‘and promoting international peace.  The State shall endeavour to preserve and strengthen fraternal relations among Muslim

(62) countries based on Islamic unity, support the common interests of the peoples of Asia, Africa and Latin America, promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means. __________

(63)

FUNDAMENTAL RIGHTS IN INDIA’S CONSTITUTION 1. Article 14  Text  Article 14, in the Constitution of India, is worded as follows: “14. Equality before law.  The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” 1. Article 15Text.  Article 15 is made up of the following text: “15. Prohibition of discrimination on grounds of religion, race; caste, sex or place of birth  (1). The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them be subject to any disability, liability, restriction or condition with regard(a) access to shops, public restaurants, hotels and places of public entertainment; of (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or party out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in Cl. (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”. 2. Constitutional changes.  Clause (4) of this article has come into existence by virtue of Sec. 2 of the Constitution (First Amendment) Act. 1991. 1. Article 16  Text.  Article 16 of the Constitution has the following texts: “16. Equality of opportunity in matters relating to public employment.  (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment, or office under the State.

(64) (3) Nothing in this Article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within a State or Union Territory, any requirement as to residence within that State or Union Territory prior to such employment or appointment. (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointment or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. (5) Nothing in this article shall prevent the State from making any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. 1. Article 17  Text.  Article 17 reads as follows: “17, Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ‘untouchability’ shall be an offence punishable in accordance with 8. Article 18  Text  Article 18 reads as follows: (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State. (4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.” 1. Article 19  Text  Article 19 of the Constitution runs as follows: “19. Protection of certain rights regarding freedom of speech etc.-(1) All citizens shall have the right(a) to freedom of speech and expression; (b) to assemble peaceably and without arms : (c) to form associations or unions ; (d) to move freely throughout the territory of India;

(65) (e)

to reside and settle in any part of the territory of India (f) ***** (g) to practise any profession, or to carry on any occupation, trade or business. (2) Nothing in sub-clause (a) of Cl. (1) shall affect the operation of any law. or prevent the State from making any law, in so far as such law imposes, reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to offence. (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause. (5) Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either, in the interests of the general public or for the protection of the interests of any Scheduled Tribe. (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to or prevent the State from making any law relating to.-(i) the professional or technical qualifications necessary for practising any profession or carrying on any

(66) occupation trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the ‘exclusion, complete or partial, of any citizens or otherwise]” 1. Article 20  Text.  Article 20 of the Constitution is worded as follows: “20. Protection in respect of convictions for offences.  (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of that act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) No person accused of an offence shall be compelled to be a witness against himself. 1. Article 21  Text.  Article 21 of the Constitution is as follows: “21. Protection of life and personal liberty. No person shall be deprived of his life and personal liberty except according to procedure established by law.” 1. Article 22  Text.  Article 22 of the Constitution of Indian is reproduced below: “22. Protection against arrest and detention in certain cases. (1) No person who is arrested shall be detained in custody without being informed, as soon as may be of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. (3) Nothing in CIs. [1) and [2) shall apply(a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing, for preventive detention shall

(67) authorise the detention of a person or a longer period than two months unless an Advisory Board constituted in accordance with the recommendations of the Chief Justice of the appropriate High Court has reported before the expiration of the period of two months that there is in its opinion sufficient cause for such detention: Provided that an Advisory Board shall consist of a Chairman and not less than two other members and the Chairman shall be a serving Judge of the appropriate High Court and the other members shall be serving or retired Judges of any High Court: Provided further that nothing in this clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under subclause (a) of Cl. (7). Explanation. (In this clause â&#x20AC;&#x153;appropriate High Courtâ&#x20AC;? means,-(i) in the case of the detention of a person in pursuance of an order of detention made by the Government of India or an officer or authority subordinate to that Government, the High Court for the union territory of Delhi; (ii) in the case of the detention of person in pursuance of an order of detention made by the Government of any State (other than a union territory) the High Court for that State; and (iii) in the case of detention made by the administrator of a union territory or an officer or authority subordinate to such administrator, such High Court as may be specified by or under any law made by Parliament in this behalf. (5) When any person is detained in pursuance of an order made, under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. (6) Nothing in Cl. (5) shall require the authority making such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose. (7) Parliament shall by law prescribe-

(68) (a)

the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (b) the procedure to be followed by an Advisory Board in an inquiry under Cl. (4).” 1. Article 23  TextThe text of Article 23 is as follows: “23 Prohibition of traffic in human beings and forced labour.  (1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and imposing such service the state shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 9. Article 24Text.The following is the text of Article 24: “24. Prohibition of employment of children in factories, etc. No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.” 1. Article 25  Text.  Article 25 runs as follows: “25. Freedom of conscience and free profession, practice and propagation of religion.  Subject to public order, morality and health and to the other provisions of this Part all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law  (a) regulation or restricting any economic, financial, political or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I.The wearing and carrying of Kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II.  In sub-clause (b) of Cl. (2), the reference to Hindus shall be construed as including a reference to

(69) persons professing the Sikh. Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.” 13. Article 26  Text.  Article 26 is as follows: “26. Freedom to manage religious affairs. Subject to public order, morality and health, every religious denomination or any section thereof shall have the right  (a) to establish and maintain Institutions for religious and charitable purposes (b) to manage its own affairs in matters of religion; (c) to own and acquire moveable and immoveable property; and (d) to administer such property in accordance with law,” 25. Article 27  Text.  Article 27 is as follows : “27. Freedom as to payment of taxes for promotion of any particular religion. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination 33. Article 28Text.The text of Article 28 is as follows: “28. Freedom as to attendance at religious institution or religious worship in certain educational institutions.  (1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. (2) Nothing in Cl. (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution. (3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such persons or if such person is a minor, his guardian has given his consent thereto. 1. Article 29  Text  Article 29 reads as follows: “29. Protection of interests of minorities.(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(70) (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race caste, language. or any of them.” 10. Article 30  Text.  Article 3 reads as follows: “30. Right of minorities to establish, and administer educational institutions(1) All minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice. (1-A) In making any law providing for the compulsory acquisition of any property of an education institution established and administered by a minority, referred to in Cl. (1) the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under the Clause. (2) The State shall not, in granting aid to educational institutions discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.”

HUMAN RIGHTS IN THE CONSTITUTION OF UNITED STATES OF AMERICA Section 2. (1) The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. (2) A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered upto be removed to the State having jurisdiction of the crime. (3) No person held to service or labor in one State, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Articles in addition to and amendment of the Constitution

(71) of the United States of America, proposed by Congress, and ratified by the legislatures of the several States, pursuant to the fifth article of the original Constitution. ARTICLE I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed. ARTICLE III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be complied in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public, use, without just compensation. ARTICLE VI In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and

(72) to be informed of the nature and cause of the accusation: to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ARTICLE VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (Adopted in 1791) ARTICLE XIII Section 1. Neither slavery, nor involuntary except as punishment for crime whereof. If party shall have been duly convicted, shall within the United States, or any place subject their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. (Adopted in 1865) ARTICLE XIV Section 1. All persons born or naturalized United States, and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property. (Adopted in 1865) ARTICLE XV Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation. (Adopted in 1870) ARTICLE XIX The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. (Adopted in 1870)

(73) The Congress shall have power to enforce this article by appropriate legislation. ARTICLE XXVI Section 1. The right of citizens of the United States who are eighteen years of age, or older, to vote shall not be denied or abridged by the United States or by any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

(Adopted in 1971) __________

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THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS Canada Act 1982 Schedule B (Constitution Act 1982) Part 1: Canadian charter of Rights and Freedom Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: 1. The Canadian Charter of Rights and Freedom guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. 2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association. 3. Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada. 7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. 8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not be arbitrarily detained or imprisoned. 10. Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; (b) to retain and instruct counsel without delay and to be informed of that right; and (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful. 11. Any person charged with an offence has the right (a) to the informed without unreasonable delay of the specific offence; (b) to be tried within a reasonable time;

(75) (c)

not to be compelled to be in witness in proceedings against that person in respect of the offence; (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; (e) not to be denied reasonable bail without just cause; (f) except in the case of an offence under military law tried before in military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or more severe punishment; (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations; (h) if finally acquitted of the offence, not to be tried for it again and if finally found guilty and punished for the offence, not to be tried or punished for it again; and (r) if found guilty of the offence and the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment. 12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. 13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. 14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. 15. (1) Every individual is equal before and under the rule and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability, (2) Sub-section (1) does not preclude any law program or activity that has as its object the amelioration of conditions of

(76) disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. 6. (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institution of the Parliament and government of Canada 23. (1) Citizens of Canada (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or (b) who have received their primary school instruction in Canada in English or French and reside in province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province. 24. ď&#x201A;ž (1) Anyone whose rights or freedom is as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. (2) Where, in proceedings under sub-section (1) a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute. 25. The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada. 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. 27. This Charter will be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. 28. Notwithstanding anything in this Charter, the right and freedoms referred to in it are guaranteed equally to male and female persons.

(77) 29. Nothing in this Charter abrogates or derogate from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools. 30. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of his Charter. (2) An Actor provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration. (3) A declaration made under sub-section (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration. (4) Parliament or the legislature of a province may reenact a declaration made under sub-section (1). (5) Sub-section (3) applies in respect of it re-enactment made under sub-section (4). PART VII: GENERAL 52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. __________

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Chapter 3

EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 CMD. 8969 ARTICLE 1 The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms in Section I of this Convention [Articles 2 to 18]. ARTICLE 2 1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. ARTICLE 3 No one shall be subjected to torture or to inhuman or degrading treatment of punishment. ARTICLE 4 1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour. 3. For the purpose of this Article the term ‘forced or compulsory labour’ shall not include: (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; (c) any service exacted in case of an emergency or

(79) calamity threatening the life or well-being of the community; (d) any work or service which forms part of normal civic obligations. ARTICLE 5 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or fleeing after having done so; (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. 2. Every one who is arrested shall be informed promptly, in a language which he understands of the reasons for his arrest and of any charge against him. 3. Everyone who is arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. 4. Everyone who is deprived of his liberty by arrest or

(80) detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. 5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have as enforceable right to compensation. ARTICLE 6 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. ARTICLE 7 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time

(81) when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. 2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. ARTICLE 8 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. ARTICLE 9 1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or beliefs and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest oneâ&#x20AC;&#x2122;s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. ARTICLE 10 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the

(82) disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. ARTICLE 11 1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2. No restriction shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state. ARTICLE 12 Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. ARTICLE 13 Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity. ARTICLE 14 The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. ARTICLE 15 1. In time of war or other public emergency threatening the life of the nation, any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision. 3. Any High Contracting Party availing itself of this

(83) right of derogation shall keep the Secretary-General of the council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary-General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again fully executed. ARTICLE 16 Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. ARTICLE 17 Nothing in this Convention may be interpreted as implying for any State, groups or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. ARTICLE 18 The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.

FIRST PROTOCOL TO THE CONVENTION 1952 CMB 9221 ARTICLE 1 Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. ARTICLE 2 No person shall be denied the right to education. In the

(84) exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. ARTICLE 3 The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

FOURTH PROTOCOL TO THE CONVENTION 1963 CMND 2309 ARTICLE 1 No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation. ARTICLE 2 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of order public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. 4. The rights set forth in paragraph I may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society. ARTICLE 3 1. No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national. 2. No one shall be deprived of the right to enter the territory of the State of which he is a national. ARTICLE 4 Collective expulsion of aliens is prohibited.

SIXTH PROTOCOL TO THE CONVENTION 1983 (1983) 5 EHRR 167

(85) ARTICLE 1 The death penalty shall be abolished. No one shall be condemned to such penalty or executed. ARTICLE 2 A state may make provision in its law for the death penalty in respect of acts committed in time of war or imminent threat of war.

SEVENTH PROTOCOL TO THE CONVENTION 1984 (1984) 7 EHRR 1 ARTICLE 1 1. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed: (a) to submit reasons against his expulsion, (b) to have his case reviewed, and (c) to be represented for these purposes before the competent authority or a person or persons designated by that authority. 2. An alien may be expelled before the exercise of his rights under paragraph 1(a), (b) and (c) of this Article, when such expulsion is necessary in the interests of public order or is grounded on reason of national security. ARTICLE 2 1. Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law. 2. This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal. ARTICLE 3 When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been

(86) reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved that the non-disclosure of the unknown fact is wholly or partly attributable to him. ARTICLE 4 1. No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State. 2. The provisions of the proceeding paragraph shall not prevent the re-opening of the case in accordance with the law and penal procedure of the State concerned, if there is evidence of new or newly discovered facts, or if there has been a fundamental defect in the previous proceedings, which could affect the outcome of the case. 3. No derogation from this Article shall be made under Article 15 of the Convention. ARTICLE 5 Spouses shall enjoy equality of rights and responsibilities of a private law character between them and in their relations with their children, as to marriage, during marriage and in the event of its dissolution. This Article shall not prevent States from taking such measures as are necessary in the interests of the children. _________

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Chapter 4

THE FEDERAL BILL OF RIGHTS Article I After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one Representative for every fitly thousand persons. Article II No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. (Proclaimed December 15, 1791) ARTICLE I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance. ARTICLE II A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed. ARTICLE III No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and

(88) particularly describing the place to be searched, and the person or things to be seized. ARTICLE V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ARTICLE VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense, ARTICLE VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. ARTICLE VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ________

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Chapter 5

UNIVERSAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed for General Assembly Resolution 217 A(III) of 10 December 1948. Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom justice and peace in the world. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion, against tyranny and oppression, that human rights should be protected by the rule of law. Whereas it is essential to promote the development of friendly relations between nations. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights. In the dignity and worth of the human rights, in the dignity and worth of the human person and in the equal rights of men women and have determined to promote social progress and better standards of life in larger freedom. Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realisation of this pledge. Now, therefore, the General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration

(90) constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples for territories under their jurisdiction. Article 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedom set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political; jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self governing or under any other limitation of sovereignty. Articles 3 Everyone has the right to life, liberty and security of person. Article 4 No one shall be held in slavery or servitude: slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition every where as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

(91) Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 Everyone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return to his country, Article 14 Everyone has the right to seek and to enjoy in other countries This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16

(92) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at his dissolution. Marriage shall be entered into only with the free and full consent of the intending spouses. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 Everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and Religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. . Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. Article 21 Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right to equal access to public service in his country. The will of the people shall be the basis of the authority of government this will be expressed in periodic and genuine elections when shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures, Article 22 Everyone, as a member of society has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organisation and resources of each State, of the economic, social

(93) and cultural rights indispensable for his dignity and the free development of his personality. Article 23 Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right of equal pay for equal work. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay. Article 25 Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services and the right to security in the event of unemployment, sickness, disability, widow-hood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 Everyone has the right to education. The education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(94) Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits, Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised. Article 29 Everyone has duties to the community in which alone the free and full development of his personality is possible. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised, contrary to the purpose and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. ________

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Chapter 6 Excerpts from

THE ANATOMY OF HISTORY The people of all continents have had problems with the police. Searches and arrests by police are governed in America by the Fourth Amendment and various procedural rules. With rare exceptions, an officer cannot make an arrest without going to a judge and getting a warrant. If he sees a crime being committed, he can of course make an arrest. But if he merely thinks that there has been a crime committed, he must gather his evidence and submit it to a judge who makes an independent determination. The same procedure is necessary if a home or an office is to be searched. If a police officer proceeds on his own to make an arrest or a search, he is a trespasser and no evidence so obtained may be used in the subsequent trial. This requirement of the Fourth Amendment is applicable to the States by reason of the Due Process Clause of the Fourteenth Amendment. The Declaration of Independence written by Thomas Jefferson and adopted on July 4, 1776, is a Declaration of the Rights of Man: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” The philosophy of the American Declaration of Independence, as summed up by Carl Becker, today expresses a universal yearning among men: “At its best, it preached toleration in place of persecution, good-will in place of hate, peace in place of war. It taught that beneath all local and temporary diversity, beneath the superficial traits and talents that distinguish men and nations, all men are equal, in the possession of a common humanity; and to the end, that concord might prevail on the earth instead of strife, it invited men to promote in themselves the humanity which bound them to their fellows, and to shape their conduct and their institutions in harmony with it.” ________

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Chapter 7

THE VIRGINIA DECLARATION OF RIGHTS (Adopted June 12, 1763) A DECLARATION of RIGHTS made by the representatives of the good people of Virginia, assembled in full and free Convention; which rights do pertain to them, and their posterity, as the basis and foundation of government. 1. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. 2. That all power is vested in, and consequently derived from the people; that magistrates are their trustees and servants, and at all times amenable to them. 3. That government is, or ought to be instituted for the common benefit, protection, and security, of the people, nation, or community, of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right, to reform, alter, or abolish it, in such manner as shall .be judged most conducive to the public weal. 4. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services: which, not being descendible, neither ought the offices, of magistrate, legislator, or judge, to be hereditary. 5. That the legislative and executive powers of the state should be separate and distinct from the judiciary; and, that the members of the two first may be restrained from

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10.

11.

oppression, by feeling and participating of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct. That elections of members to serve as representatives of the people, in assembly, ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses without their own consent, or that of their representatives so elected, nor bound by any law to â&#x20AC;&#x153;which they have not, in like manner, assented for the public good. That all power of suspending laws, or the execution of laws, by any authority without consent of .he representatives of the people, is injurious to their rights, and ought not to be exercised. That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favour, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land, or the judgment of his peers. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.

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That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. That a well regulated militia composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by the civil power. That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles. That religion, or the duty which we owe to our CREATOR, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise or religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity, towards each other. (Robert Alien Rutland in â&#x20AC;&#x153;The Birth of the Bill of Rightsâ&#x20AC;? 1776-1791)

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PART II  Rights to Religion  Affect of Religion on Human Behaviour  Religious Rights in some Constitutions  Declaration on the Elimination of all forms of Religious Intolerance  Declaration of Islam as Universal Religion  Sanctity of Life  World Food Programme (WFP)  World Health Organization (WHO)

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Chapter 1

RELIGION Religion perhaps plays the most important role in all spheres of human life. Islam is the first religion of the world which gives all humans, a right to practice their religions. In the Holy Qur’an, we have the verse:

There is no compulsion in religion. Indeed righteousness has been made distinct, from unrighteousness. Al-Baqarah For you is your religion and for me is my religion.

Al-Kafiroon The Holy Qur’an, also reiterates that

“All religions were one indeed but it differed later”. Islam shows respect to all the prophets of the world and stops one to speak with contempt about other’s gods. Like Judaism, the worship of other gods and their images and idols is strictly prohibited; worship of only One unseen God is permissible. AFFECT OF RELIGION ON SOCIAL SYSTEM: In Vedic Hinduism, four castes are essential part of the religion i.e. Brahmin, Khshtriya, Vaishya, Shudras. Also all nonHindus are classified as untouchables including Christians and Muslims. Intermarriages and social contacts can be established only among their own castes and sub-castes. Among the early Jews, marriages between the Jews and the idolatrous non-Jews was prohibited. Among the Christians, marriages between Catholics and Protestants and other sects is banned. This is true for almost all the religions. Only Islam allowed the Muslim men to marry the women of people of the Book; but even in Islam many sects do not inter marry, though permissible. So religion plays an important role in a society. Muslims who are living as minority in Europe, America, India and other states face social discrimination. Also minorities of other religions face discrimination on religious grounds. Thus, there is a worldwide division of humanity on religious grounds. Islam is the only religion which has a power to unite all the divided religions of the world; Prophet Muhammad (SAW) was sent to unify all the mankind under the banner of Islam. The

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(101) Holy Qur’an says that all prophets were regional prophets while Prophet Muhammad (SAW) is the Prophet of all nations of the world, the Prophet who is mentioned in all the scriptures of the world. He is the promised Christ, the Holy King of the Jews and the Christians which was prophesied by Moses (PBUH) to come after 1750 years after his death. He is the last Buddha Amida prophesied by Buddha Sakyamuni who was to come after 1000 years of his death. He also mentioned the names of Prophet’s father and mother. Zoroastra, the Prophet of the Parsis, prophesied coming of Astavetereta, the praised one i.e. Muhammad in Arabic, after 1000 years after his death. Vedas mention Astakareto and also mention of names Mahomet Mahamad. Kalki puran of Krishna mentions coming of the last Prophet in about 570 A.D. Krishna also mentioned the names of Prophet’s father and mother and exact time and place of birth which conforms to Prophet Muhammad (SAW) upto the minutest detail. The author has written a book ‘Al-Islam Book nine, Muhammad in the Bible and the old scriptures which leaves no doubt that the only one guide and saviour of the world is Prophet Muhammad but ignorance, bigotry and biased attitude by antiIslamic religious and political leaders whose vested interests are in danger, use all their powers to undermine Islam and the Prophet, and keep people away from the truth. In truth, only in Islam lies the world’s peace while all other ideologies are a failure because only Allah Almighty’s guidance and His fear can lead the mankind to the right path. No religion is so broadminded and full of emancipation for all other religions. It exhorts all the weak people of the world to fight the strong oppressors and extortionists. Duty Towards Parents: A Muslim must show obedience to his parents till the old age; take care of their needs; never becoming rude or impolite but should always speak with respect. “Parents are your Paradise and Gehenna; Paradise is under the feet of your mother”, the Prophet said. Remember mother’s sacrifices and hardships at the time of your birth and childhood, the Holy Qur’an reminds. Parents have the most right in their children’s wealth. Duties towards Wife & Children: Give best education to your children, teach manners and enforce your authority to maintain discipline. Give preference to daughters over the sons in matter of love and gifts. A wife should not be threatened with divorce unless she is

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(102) unfaithful or exceedingly foulmouthed. Divorce shakes throne of Allah. The money spent well is that spent on your wife. The best among you is he who gives best treatment to his wife. “I am the best among you in this respect”, the Prophet said. Show honour to all women. Death penalty is for the one who violates a woman’s honour. Duties towards Kins and Neighbours: The Prophet said that a non-Muslim neighbour has one right while a Muslim neighbour has two rights; a Muslim neighbour who is your relative too has three rights. The rights of a neighbour are as: If he is in need, help him. If he asks for a loan, give him. If he is poor, fulfil his needs. If he is sick, visit and console him. If he dies, accompany the burial procession. If he is celebrating, join him and congratulate him. If he has infliction, share his sorrow with consolation. Do not raise your wall to obstruct ventilation. If you bring some edibles, send him some out of this. The smoke of your kitchen should not be troublesome, or send him what you cooked. When you cook, add some water and send something out of it to him. If he does not have clothes, send him some. If you eat your full but your neighbour is hungry, then you are not a Muslim. Send gifts to your neighbour; do not despise if his gift is cheap. Do not throw a stone upon his dog. Remember that you cannot win hearts with money but with nice behaviour; moreover, your wealth cannot reach everyone but your good behaviour can, the Prophet said. Be well-wisher and speak well of your neighbour. Duties towards Society: A Muslim should wage Holy War for the betterment of the society- He should help people in education, teaching them Islamic morals and advise them to shun evil deeds. There is no caste system in Islam. All men are equal. A Muslim must never violate the personal rights, the property and the honour of his fellow men. It is a prime duty of young Muslim women to cover their

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(103) heads and bossoms with a shawl; however for women who pass marriageable age, this restriction is optional. While dealing with the people, a Muslim should be fair in business, show leniency in payment, fulfil his commitments. “A good businessman will be resurrected among the prophets and the martyrs,” the Prophet said. Do not cheat even a nonbeliever even if he cheated you in the past. Always do justice even if you or your kins are losers. A Muslim should not indulge in evil deeds like drinking, gambling, vulgar music and dancing; rather stop his sons and the acquainted ones. A Muslim should never use unfair means to earn nor should deprive anyone with fraud or offer bribe to the officers for unlawful gains. Do not give false witness, it is blasphemy, it is blasphemy, the Prophet admonished. Muslims are strictly admonished by the Prophet to disunite among themselves. All Muslims are brothers like a wall where each brick strengthens another; they are like two hands, who wash each other; they are one body in which pain in one part is experienced by the whole body. All Muslims are One Ummah; an army of Allah, while all non-Muslims are in fact one Ummah, an army of the Devil. Relationship with Non-Muslims: All Muslims can intermix with the people of the Book, eat with them, can marry their chaste women, should respect their places of worship, their customs and days of celebrations and honour their women as their own. One must respect their laws, and respect all their prophets and discuss their religions in the best manners without making any inciting remarks. The lives, the properties and the customs of non-Muslims are sacred and inviolable. When Prophet Muhammad (S.A.W.) started his mission, both the Jews and the Christians showed great enmity towards the Muslims. So Holy Qur’an instructed the Muslims not to befriend them as they had grudge and were enemies. But when Islam established itself upon sound footings and was powerful enough, the Holy Qur'an permitted the Muslims to make friendly relations with them; eat and drink and have social gatherings with them and even marry their chaste women after seeking permission from their guardians and after payment of their dowries with respect. It must be realised that all religions including Islam share same universal truths, only that non-Muslims are in

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(104) darkness under the spell of the Devil. It is a Muslim’s duty to manifest the truth in a noble manner which should appeal the hearts of the nonbelievers. THE HOLY WAR: The Holy War or Jehad is performed with words, by the use of wealth, with writing, by the use of force but waging a holy war with arms is the last option. A Muslim who speaks to the people to shun the evils and bid the good is a Holy Warrior. A Muslim who speaks the truth before a tyrant ruler is the greatest Holy Warrior. A Muslim who spends money for the propagation of Islam is a Holy Warrior. A Muslim who writes against social evils or invites mankind to Islam is a Holy Warrior. A Muslim or a group of Muslims who use force against those who commit excesses and are cruel and lawless, are the Holy Warriors. All the members of the Muslim army who fight against those infidels who break the peace treaty or prepare to destroy the Muslim nation, are the Holy Warriors. Allah has promised the highest ranks to those who fight in Allah’s way and get martyred. But on the Day of Judgment, the martyrs will look at the ranks of some men like people look at stars; such ranks are for those who dedicated their lives for the spread of Islam for the sake of Allah’s pleasure only and endeavoured exceeding with utmost selflessness and sincerity. Effect on Morality: Religion greatly affects the position of women in a society. In Hindu religions, woman is subordinate to man she cannot possess wealth nor gets inheritance, nor education; same is true about Christianity and Judaism. Among most sects, women were regarded evil and root of all sins. In Islam, woman must be given education, share in inheritance, right to earn and keep control over her wealth. Though in running of a house, wife is second to her husband but for children, she is three times more honourable than father. A father must treat daughters in preference to sons; he should give kisses and gifts first to daughters and then to sons. Islam puts a strict practical control over widespread adultery and prostitution. The Prophet Muhammad (SAW) made it incumbent upon every man to get married; he denounced celibacy; in case when social need arises, poor women should be

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(105) taken up as wives to a maximum of four. Thus the Prophet was the first religious leader to put restriction over unlimited marriages as was permissible in Hinduism, Judaism and earlier Christianity; this was to improve social position of women in the society. In the present age, European men and women have crossed all levels of modesty, sex without marriage has become very easy and a fashion; marriages are only a loose bondage; more than 50% marriages end up in divorces leaving children in the care of single parent. Lack of true religious instructions is destroying the Western civilization while some Eastern people are blindly following their footsteps. Among Muslim countries, there is a better check upon unrestricted sex, but foreign elements are working to destroy Islamic ways of life. In Islam, there is great restriction upon free mixing of strange persons of opposite sex; as in young age sexual passions are powerful and are out of control. Islam gives strict instructions to men and women to lower their gaze; and also it is incumbent upon young women to cover their head and bossoms with a shawl and conceal their beauty from strange men as much as they can. In Hinduism, Buddhism Judaism and Christianity there is no such strict instructions for womenâ&#x20AC;&#x2122;s safety for their modesty and chastity; rather their followers abhor such an idea and even ridicule Islam which is in fact a basic human right of women. Alas! Many so-called modern women speak against head-covering and think it against their freedom. But in fact, such freedom is actually a cause of destruction of home lives of many. Free mixing of sexes allows married couples to come into contact with more attractive opposite gender, and thence a man or woman may start despising their own spouse who may be inferior in some respect. A married man may be attracted by another smart woman while a married woman may be attracted to or be allured by a rich, more handsome man; this results in rifts and fights in the family which spoils home life and may even lead to separation and break up of home. Many husbands and wives naturally become weary after sometime and otherâ&#x20AC;&#x2122;s partners and new people look more attractive psychologically. Islam strictly prohibits free mixing of sexes to close the door to adultery and save home lives. If a home is broken, women and children suffer more than a man; so there is an immense wisdom in Godâ&#x20AC;&#x2122;s words which restricts free mixing of sexes. In Judaism, Christianity Hinduism and other religions, though adultery is a great sin but

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(106) no concrete remedy is given in their Holy Books to overcome this evil of women’s exploitation by men. Only Islam has an answer to this all important social problem. AFFECTS ON CULTURE In about all religious communities, religion has a profound impact on its culture. In Hinduism, there are many festivals dedicated to their gods e.g. Holi festival; also all events of life like birth, marriage, death have their religious ceremonies. In Christianity, Christmas and celebration of days of saints are observed with great enthusiasm. Jews observe pass-over and many days dedicated to their prophets and saints. Muslims observe two Eids, Eid-ud-Doha and Eid-ul-Fitr. Eid-Miladun-Nabi is celebrated by a large number of Muslims while Shiite observe days of many saints, saintesses and of twelve Imams. Also among the Muslims, wearing of head-covering or veil is integral part of its culture. Also Jewish and Christian priests wear special dresses; also women i.e. nuns dedicated to churches have a distinguished dresses which cover their heads and bodies fully. AFFECT ON LEGAL SYSTEM In most countries of the world, religions have become weak and do not interfere in the legal system. In India, for thousands of years Manu’s law was supreme law of the country; in Europe, Catholic church had its full control on legal systems. In Islamic countries, Mohammedan Law is still supreme. Marriages, divorces, inheritance and all legal matters are guided and settled by Shariah. Most Islamic laws are the same which were prescribed by Moses’, Manu’s and all former religions’ law; but the Holy Qur’an made few changes for the betterment of mankind, as Islam envisage a universal society, a developed one; its laws particularly emancipate women and children and masses at large, even foreigners. AFFECT ON POLITICAL SYSTEM Almost all nations of different religions aspire their political leaders from their own religious and cultural origin. No nation feels comfortable if their ruler belongs to a different religion. In USA, UK and all European countries a non-Christian parliament and head of government is unthinkable; U.K. will never accept even a Catholic Prime Minister. Also in countries like Saudi Arabia, Iran, Afghanistan and Pakistan a non-Muslim head of state is out of question. Usually, people elect their representatives who belong to their own community and follow their religion and culture. It will be interesting to note that no

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(107) religion except Islam prescribe people’s full participation in the political system but in practice non-Muslim countries pratice it while Muslim countries are usually far from true democracy which the Holy Qur’an ordinates. AFFECTS ON INTRA-NATIONS RELATIONSHIP Intra-nations relationship is greatly affected by religious beliefs of a country. European nations feel more comfortable in developing close economic and defence ties among their own Christian nations than with non-Christian nations. Formation of European Economic Cooperation (EEC) and NATO are good examples of it. Also Christian and Jewish investors do not invest in those projects of Muslim countries which will boost their economies; Jews feel much comfortable to invest in a Christian country where they feel more secure. American Christians dominated by the Jewish multibillionaires, are naturally inclined towards Christian countries as well as the state of Israel who, though being rich, receives aids from USA ten times more than any other poor country. AFFECT ON EDUCATION Religious instructions have greatly affected the field of education in the past. The Jews and the Christians restricted the religious knowledge to themselves, women were completely ousted while non-Jews and non-Christians were termed like ‘swines’ and unworthy to receive knowledge especially religious knowledge. Among the Hindus, Brahmins enjoyed full control over the education system; no non-Brahmin was eligible to receive education while women were completely denied the right to get education. Islam is the first religion who made incumbent upon every Muslim man and woman to get knowledge and then give education to others. Islam’s instructions about propagation were chief cause of Muslims’ leadership in all the fields of knowledge from the seventh century. But in the present age, the Muslims are perhaps the lowest in all the fields of knowledge while European nations, Japanese and Chinese are leading at the present time; it is a matter of great shame for the Muslims. AFFECT ON PSYCHOLOGY It is seen almost everywhere that those people who are religious and believe in God and do good works and spend their lives according to religious instructions and put reliance on God are usually serene, happy and contended while ungodly people are usually unhappy, indulge in immoral activities. All religions have these virtues but Islam is certainly the best as all its

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(108) commandments are God-inspired and we have a perfect exemplar Prophet Muhammad (SAW) to perfect the morals. Islam is the only religion which indulges in economic affairs of people. It abolished usury system and ordered the share of investors and the debtors in profit and loss according to written agreement. If profit is more, investor must get more share, but if profit is less, then investorâ&#x20AC;&#x2122;s share will be less accordingly. By this way, no bank or lender will go into liquidation; honesty and justice is a fundamental principle. Every term of a business transaction must be documented with witnesses. In Islam cheating, defrauding, hoarding, adulteration, selling of undervalue merchandise and non-fulfilment of commitments, are all criminal offences before his law and Allah. Islam instructs to fix wages of labourer with justice and then pay it immediately before sweat dries. Also the Prophet said: Be honest in business even if you deal with a non-Muslim, do not cheat even if he cheats you. These were those business principles, dealings, which made Muslims leaders in the world economy in the past. But during the last few centuries the Muslims could not match the new developments of time nor many of them are enthusiastic and honest businessmen which have led to their downfall.

Hereunder are some excerpts: Right to Religious Freedom.â&#x20AC;&#x201D;(i) Generalâ&#x20AC;&#x201D;A religion may not necessarily be theistic. Buddhism and Jainism in India are atheistic religions. The basis of religion is the system of beliefs and doctrines regarded by its adherents to be conducive to their spiritual well-being. But a religion is not confined to an opinion, doctrine and belief but extends also to its outward expression in acts. The latter is also within scope of protection of this Article, meaning thereby that the protection of this Article extends also to rituals, observances, ceremonies, modes of worship, regarded as integral part of any religion, including even food and dress. Whatever binds a man to his own conscience and whatever moral or ethical principles regulate lives of men would constitute religion in the constitutional sense. On the basis of language used in Articles 25 and 26, the courts can, without aid of any foreign authority, determine what matters come as well as what do not come within the purview of religion. But, if a religious practice runs counter to public order, morality, health and policy of social

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(109) welfare, then the religious practice must give way to good of the people as a whole. Where the provisions of Sec. 11 [f] and (h) of Durgah Khawaja Saheb Act. 1955, had given the Durgah Committee to determine the privileges of the Khadims as well as the functions and powers, if any, which the sajjadanashin may exercise in relation to the Durgah, it was held that the provisions did not impinge upon the freedom of Khadims to practise their religion according to custom. The act of marrying a second wife in the presence of the first is no integral part of any religion and, therefore, Rule 27 of the U.P. Government Servantsâ&#x20AC;&#x2122; Conduct Rules, providing that a Government servant cannot marry a second wife in the presence of the first without prior consent of the Government does not infringe Article 25. A provision for monogamy does not involve any violation of Article 25, even in the case of Muslims who although are allowed, under their personal law to have as many as four wives, yet having more than one wife is not integral part of their religion. Polygamy cannot be taken to be integral part of Hindu Religion even. Rules of police service prohibiting person in service to wear beard is not violative of Art. 25. A custom or usage in force to the extent of its inconsistency with any fundamental right, shall be void. Thus, the presence of Shivlinga in a Jain Temple would amount to violation of the fundamental right under Article 25. The point to take note is that what constitutes the essential part of a religion has to be primarily ascertained with reference to the doctrines of that religion itself. Tandava dance in processions or at public places by Anandmargis carrying lethal weapons and human skulls had no essential religious rite and not the matters of religion. It is although very difficult to separate religious belief and practice from politics or ethics, but in the interest of State, religious practices can be legitimately prohibited by legislation, and to that extent, a legislation may infringe religious liberty. Since the constitutional law also contemplates religious denominations, the internal management of such denominations is not the concern of the Government. Therefore if a hospital run by Christian denomination provides for free treatment to Christians, the non-Christians, though they are free to enter such hospital, cannot complain of discrimination in their not being

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(110) given free treatment. Religion in a broad sense includes all forms of faith and worship. As also the system of beliefs or doctrines regarded by those who profess any particular religion as conducive to their spiritual well-being, and includes also a Code of ethical rules for its followers, yet, any harmful activity, even of a secular nature cannot be allowed to grow in the colour of religion. What follows is that a person, subject to morality, health and public order, may exercise his religious beliefs in any way he likes. Morality, in this context, has, therefore, reference to that morality which the law has concerned itself to maintain. Thus, sacrifice of cow on Bakr-id day is not an obligatory part of Muslim religion and protection of fundamental right on that ground cannot be claimed under Article 25. ________

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(111) RELIGION IN SOME CONSTITUTIONS The following provisions in the Constitutions of some other nations, as also in the Declaration by the United Nations, may be taken as analogous to Article 25. AUSTRALIA: Sec, 116.—The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth. BULGARIA (1897): Sec. 41.—No one shall be entitled, on the ground of his religious convictions, to evade compliance with existing laws which are generally binding on all. BURMA (1948): Article 20.—(1) All persons are equally entitled to freedom of conscience and the right freely to profess and practise religion subject to public order, morality or health and to the other provisions of this Chapter. Explanation I.—The above right shall not include any economic, financial, political or other secular activities that may be associated with religious practice. Explanation II.—The freedom guaranteed in this section shall not debar the State from enacting laws for the purpose of social welfare and reform. Article 21.—(3) The State shall not impose any disabilities or make any discrimination on the ground of religious faith or belief. (4) The abuse of religion for political purposes is forbidden; and any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects in contrary to this Constitution and may be made punishable by law. CEYLON: The Ceylon (Constitution) Order in Council, 1946. Sec. 29 (2)—No such law shall— (a) prohibit, or restrict the free exercise of religion; or (b) make persons of any Community or religion liable to disabilities or restrictions to which persons of other communities or religions are not made liable; or: (c) confer on persons of any community or religion any privilege or advantage which is not conferred on persons of other communities or religions. CHINA: Article 13.  The people shall have the freedom of religious belief.

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COSTA RICA (1942): Sec. 36.—No person shall be molested or prosecuted for any act which is not in violent of the law, or for the expressions of political opinions. However, neither clergymen nor laymen shall engage in political propaganda of any kind, whether for religious reasons, or by taking advantage of the religious beliefs of the people. CZECHOSLOVAKIA: Article 121.—Liberty of conscience and of religion shall be guaranteed. Article 122—Every inhabitant of the Czechoslovak Republic shall enjoy in the same degree as nationals of the Republic the right to practise in public or in private any faith, religion or creed whatsoever, so far as the practice thereof does not violate the law or public order and morality. Article 123.—No person may be constrained either directly or indirectly to take part in any religious act whatsoever, exception being made of the rights of parents and guardians. Article 124.—All religions shall be equal before the law. Article 125.—The exercise of certain religious practices may be prohibited if they are contrary to public order or morality. Article 128.—The foregoing provisions shall be, without prejudice to the rights of State authorities in such matters by virtue of laws at present in force or hereafter promulgated, for the purpose of ensuring public order, the safety of the State, or effective supervision by the State. DANZIG: Article 84.—.Notification of religious processions shall not be required. Article 85  All nationals shall have the right to form unions or associations, provided their objects are not in contravention of the penal laws. This shall also apply to religious unions and associations. Every union shall be at liberty to acquire legal personality in accordance with the provisions of the Civil Code. This right shall not be refused to any union on the ground that it has been formed for political, social or religious objects. Article 100.—Sunday and the public holidays recognised by the State shall be protected by law as days of rest and spiritual refreshment. FRANCE (1946): Preamble.—No one ought to be disturbed on account of his opinion, even religious, provided their manifestation does not derange the public order established by law. WEIMAR GERMANY: Article 135.—All inhabitants of the Reich enjoy full liberty of faith and of conscience. The undisturbed

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(113) practice of religion is guaranteed by the Constitution and is under State protection. The general laws of the State shall remain unaffected hereby. Article 139.—Sundays and holidays recognised by the State shall remain under legal protection as days of rest and spiritual improvement. Article 140.—The members of the armed forces are guaranteed the necessary free time for the performances of their religious duties. IRELAND: Sec. 44 (1),—.1°. The State acknowledges that the homage of public worship is due to Almighty God. It shall hold His Name in reverence and shall respect and honour religion. 2°. The State recognises the special position of the Holy Catholic Apostolic and Roman Church as the guardian of the faith professed by the great majority of the Citizens. 3°. The State also recognises the Church of Ireland, the Presbyterian Church in Ireland, the Methodist Church in Ireland, the Religious Society of Friends in Ireland, as well as the Jewish congregations and the other religious denominations existing in Ireland at the date of the coming into operation of this Constitution. (2) 1°. Freedom of conscience and the free profession and practice of religion are subject to public order and morality, guaranteed to every citizen. 2°. The State guarantees not to endow any religion. JAPAN (l946): Article 20—Freedom of religion is guaranteed to all ………….. No person shall be compelled to take any part in any religious act, celebration, rite or practice. YUGOSLAVIA: Article 12.—Liberty of religion and of conscience shall be guaranteed. All recognised religions shall be equal before the law, and may be practised in public. No person may be compelled to practise his religion in public. No person may be compelled to take part in any religious act. Ceremonies, practices, or rights with the exception of State festivals and ceremonies and with the exception, in such cases as are provided for by law, of persons under the authority of a parent or guardian, or under military authority. Recognised religious bodies may maintain relations with their supreme religious heads even outside the frontiers of the State so far as may be necessary in accordance with the spiritual requirements of their religion. Such relations shall be regulated

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SWITZERLAND: Article 49.—Liberty of conscience and creed is inviolable. No person may be compelled to become a member of any religious association, submit to any religious instruction, perform any act of religion, or, incur any penalties of any kind whatsoever, by reason of his religious opinion. Persons exercising the authority of parent or guardian are entitled, in conformity with the foregoing principles, to determine the religious education of children up to the age of sixteen years. No person may refuse, on the ground of religious opinions, to fulfil any obligation of citizenship. Article 50-—The free exercise of religion is guaranteed within limits compatible with public order. The cantons and the confederations may take measures necessary to maintain public order and peace between the members of different religious communities and to prevent encroachments by ecclesiastical authorities upon the rights of citizens and of the State. Article 58(2)  Eclesiastical jurisdiction is abolished. UNITED STATES OF AMERICA: Article 11 (3) “.............. but no religious test shall ever be required as a qualification to any office or public trust under the United States. First Amendment: (1791).—The Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof: or abridging the freedom of speech or of the press; or the rights of the people peaceable to assemble and to petition the Government for a redress of grievances. Fourteenth Amendment: Sec. 1.—All persons born or nationalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws. UNITED NATIONS DECLARATION OF HUMAN RIGHTS: Article 19—Everyone has the right to freedom of thought, conscience and religion, this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his

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(115) religion or belief in teaching, practice. worship and observance.

UNION OF SOVIET SOCIALIST REPUBLICS (1977): Article 52.â&#x20AC;&#x201D;Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda. Incitement of hostility or hatred on religious grounds is prohibited. In the USSR, the Church is separate from the State and the school from the Church. _________

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DECLARATION ON THE ELIMINATION OF ALL FORMS OF RELIGIOUS INTOLERANCE 3-045

The General Assembly, Recalling that all States have pledged themselves, under the Charter of the United Nations, to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Recognising that those rights derive from the inherent dignity of the human person, Reaffirming that discrimination against human beings on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter, Reaffirming the call of the World Conference on Human Rights for all governments to take all appropriate measures in compliance with their international obligations and with due regard to their respective legal systems to counter intolerance and related violence based on religion or belief, including practices of discrimination against women and the desecration of religious sites, recognising that every individual has the right to freedom of thought, conscience, expression and religion, Reaffirming the dismay and condemnation expressed by the World Conference on Human Rights at the continued occurrence of gross and systematic violations and situations that constitute serious obstacles to the full enjoyment of all human rights, including religious intolerance. Believing that further efforts are therefore required to promote and protect the right to freedom of thought, conscience, religion and belief and to eliminate all forms of hatred, intolerance and discrimination based on religion or belief, 3-046 1. Reaffirms that freedom of thought, conscience, religion and belief is a human right derived from the inherent dignity of the human person and guaranteed to all without discrimination; 2. Urges States to ensure that their constitutional and legal systems provide full guarantees of freedom of thought, conscience, religion and belief, including the provision of effective remedies where there is intolerance or discrimination based on religion or belief; 3. Recognises that legislation alone is not enough to

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prevent violations of human rights, including the right to freedom of religion or belief; 4. Urges all States therefore to take all appropriate measures to combat hatred, intolerance and acts of violence, including those motivated by religious extremism, and to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief; 5. Urges States to ensure that, in the course of their official duties, members of law enforcement bodies, civil servants, educators and other public officials respect different religions and beliefs and do not discriminate against persons professing other religions or beliefs; 6. Calls upon all States to recognise, as provided in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, the right of all persons to worship or assemble in connection with a religion or belief, and to establish and maintain places for those purposes; 7. Also calls upon all States in accordance with their national legislation to exert utmost efforts to ensure that religious places and shrines are fully respected and protected; 8. Considers it desirable to enhance the promotional and public information activities of the United Nations in matters relating to freedom of religion or belief and to ensure that appropriate measures are taken to this end in the World Public Information Campaign for Human Rights; 9. Invites the Secretary-General to continue to give high priority to the dissemination of the text of the Declaration, in all the official languages of the United Nations, and to take all appropriate measures to make the text available for use by the United Nations information centres, as well as by other interested bodies; 10. Encourages the continuing efforts on the part of the Special Rapporteur appointed to examine incidents and governmental actions in all parts of the world that are incompatible with the provisions of the Declaration and to recommend remedial measures as appropriate; 11. Encourages governments to give serious consideration to inviting the Special Rapporteur to visit their countries

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so as to enable him to fulfil his mandate even more effectively; 12. Recommends that the promotion and protection of the right to freedom of thought, conscience and religion be given appropriate priority in the work of the United Nations programme of advisory services in the field of human rights, including work on the drafting of basic legal texts in conformity with international instruments on human rights and taking into account the provisions of the Declaration; 13. Notes with interest the adoption by the Human Rights Committee of a general comment on Article 18 of the International Covenant on Civil and Political Rights, dealing with freedom of thought, conscience and religion; 14. Welcomes the efforts of non-governmental organisations to promote the implementation of the Declaration; 15. Requests the Secretary-General to invite interested non-governmental organisations to consider what further role they could envisage playing in the implementation of the Declaration and in its dissemination in national and local languages; 16. Urges all States to consider disseminating the text of the Declaration in their respective national languages and to facilitate its dissemination in national and local languages; 17. Requests the Commission on Human Rights to continue its consideration of measures to implement the Declaration; 18. Decides to consider the question of the elimination of all forms of religious intolerance at its 49th session under the item entitled Human Rights Questions.

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DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF 1981 3-050

3-051

Article 1 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice. 3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others. Article 2 1. No one shall be subject to discrimination by any State, institution, group of persons, or person on grounds of religion or other beliefs. 2. For the purposes of the present Declaration, the expression “intolerance and discrimination based on religion or belief” means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis. Article 3 Discrimination between human beings on grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations. Article 4

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1. All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life. 2. All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter. Article 5 1. The parents or, as the case may be, the legal guardians of the child have the right to organise the life within the family in accordance with their religion or belief and bearing in mind the moral education in which they believe the child should be brought up. 2. Every child shall enjoy the right to have access to education in the matter of religion or belief in accordance with the wishes of his parents or, as the case may be, legal guardians, and shall not be compelled to receive teaching on religion or belief against the wishes of his parents or legal guardians, the best interests of the child being the guiding principle. 3. The child shall be protected from any form of discrimination on the ground of religion or belief. He shall be brought up in a spirit of understanding, tolerance, friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others, and in full consciousness that his energy and talents should be devoted to the service of his fellow men. 4. In the case of a child who is not under the care either of his parents or of legal guardians, due account shall be taken of their expressed wishes or of any other proof of their wishes in the matter of religion or belief, the best interests of the child being the guiding principle. 5. Practices of a religion or beliefs in which a child is brought up must not be injurious to his physical or mental health or to his full development, taking into account Article 1, paragraph 3, of the present Declaration. Article 6 In accordance with Article 1 of the present Declaration,

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and 3 subject to the provisions of Article 1, paragraph 3, the right to freedom of thought, conscience, religion or belief shall include, inter alia, the following freedoms: (a) To worship or assemble in connection with a religion or belief, and to establish and maintain places for these purposes; (b) To establish and maintain appropriate charitable or humanitarian institutions; (c) To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief; (d) To write, issue and disseminate relevant publications in these areas; (e) To teach a religion or belief in places suitable for these purposes; (f) To solicit and receive voluntary financial and other contributions from individuals and institutions; (e) To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief; (h) To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of oneâ&#x20AC;&#x2122;s religion or belief; (i) To establish and maintain communications with individuals and communities in matters of religion and belief at the national and international levels. Article 7 The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice. Article 8 Nothing in the present Declaration shall be construed as restricting or derogating from any right defined in the Universal Declaration of Human Rights and the International Covenants on Human Rights. ________

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DECLARATION ON THE RIGHTS OF PERSONS BELONGING TO NATIONAL OR ETHNIC, RELIGIOUS AND LINGUISTIC MINORITIES 3-055

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Noting the importance of the even more effective implementation of international human rights instruments with regard to the rights of persons belonging to national or ethnic, religious and linguistic minorities, Welcoming the increased attention given by human rights treaty bodies to the non-discrimination and protection of minorities, Aware of the provisions of Article 27 of the International Covenant on Civil and Political Rights concerning the rights of persons belonging to ethnic, religious or linguistic minorities, Considering that the United Nations has an increasingly important role to play regarding the protection of minorities, Stressing the need to ensure for all, without discrimination of any kind, full enjoyment and exercise of human rights and fundamental freedoms, 1. Adopts the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Article 1 1. States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. 2. States shall adopt appropriate legislative and other measures to achieve those ends. Article 2 1. Persons belonging to national or ethnic, religious and linguistic minorities (hereinafter referred to as persons belonging to minorities) have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. 2. Persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life.

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3. Persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. 4. Persons belonging to minorities have the right to establish and maintain their own associations. 5. Persons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties. Article 3 1. Persons belonging to minorities may exercise their rights, including those set forth in the present Declaration, individually as well as in community with other members of their group, without any discrimination. 2. No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or nonexercise of the rights set forth in the present Declaration. Article 4 1. States shall take measures where required to ensure that Persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law. 2. States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards. 3. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. 4. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to

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minorities should have adequate opportunities to gain knowledge of the society as a whole. 5. States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country. Article 5 1. National policies and programmes shall be planned and implemented with due regard for the legitimate interests of persons belonging to minorities. 2. Programmes of co-operation and assistance among States should be planned and implemented with due regard for the legitimate interests of persons belonging to minorities. Article 6 States should co-operate on questions relating to persons belonging to minorities, inter alia, exchanging information and experiences, in order to promote mutual understanding and confidence. Article 7 States should co-operate in order to promote respect for the rights set forth in the present Declaration. Article 8 1. Nothing in the present Declaration shall prevent the fulfilment of international obligations of States in relation to persons belonging to minorities. In particular, States shall fulfil in good faith the obligations and commitments they have assumed under international treaties and agreements to which they are parties. 2. The exercise of the rights set forth in the present Declaration shall not prejudice the enjoyment by all persons of universally recognised human rights and fundamental freedoms. 3. Measures taken by States to ensure the effective enjoyment of the rights set forth in the present Declaration shall not prima facie be considered contrary to the principle of equality contained in the Universal Declaration of Human Rights. 4. Nothing in the present Declaration may be construed as permitting any activity contrary to the purposes and principles: of the United Nations, including sovereign equality, territorial integrity and political independence of States.

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(125) Article 9 3-060 The specialised agencies and other organisations of the United Nations system shall contribute to the full realization of the rights and principles set forth in the present Declaration, within their respective fields of competence.

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DECLARATION OF ISLAM AS UNIVERSAL RELIGION  SUMMATION AND CULMINATION OF ALL REGIONAL RELIGIONS Mankind is divided on the basis of religious beliefs and each religion is subdivided into different sects bitterly opposed to each other. These differences have resulted in bloodshed, war, killing, looting etc. among the adherents of major religions, and also among sects. Thus hearts and souls of men are torn apart from each other due to factionalism. No religion ever taught its followers to commit atrocities towards fellow human beings rather they taught good treatment even towards animals. But man, the rational beast, has been the worst violator of divine commandments. Alas! There were always some wicked men among all religions who used faith for their own selfish ends. Such men were responsible for schism and division so as to gain power and become head of new sects. This gave them an authority, money and worldly comforts, and some of them became indulgent in women, liquors and lavish living. Their morals degraded with time, ultimately destroying the spirit upon which religions were based. This ultimate depravation of morals, iniquity and utter disregard of the Laws had been the end of all religions of the world; most serious offence being the loss of idea of Oneness of God; and instead worship of other gods in addition to worship of One God; or disregard of God, the One Almighty. In Hinduism, we find Krishna predicting complete degradation of the morals of Hindu society at the time of coming of Kalki Avatar, the last one. Buddha Sakyamuni also predicted the same at the time of coming of the Last Buddha i.e. Amida Buddha. Zoroastra also predicted that his Aryan religion will be completely forgotten and immorality will prevail at the end of one millennium and then Saoshyant Astaveterita will appear with fravishis i.e. the holy warriors to punish the wicked ones. Jesus, peace be upon him, declared the Jews of his time as the most wicked people with no hope of reformation and cursed them; he predicted wars, strifes and persecution of his followers in future till the advent of Saviour, Paraclete (Menahem). The Jews expected ‘Menahem’ to give them everlasting peace. Messianic Hope: It is very interesting to note that all religions of the world had the same hope of coming of a world saviour to crush wickedness with power and establish peace throughout the world and establish the Laws of God and His worship. The Messiah, Saviour was anxiously waited upon to

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(127) defeat the kingdom of Satan, and to change the era of Darkness into that of Light All the prophecies were very explicit and persistent. The Hindus expected that a warrior Saviour Kalki Avatar will appear on a white horse brandishing a sword shining like a comet. He will be accompanied by an army of holy men and kill wicked ungodly people; and age of peace and enlightenment, Krta age, will start. People will imitate Kalki Avatar in actions. This Avatar, the King of Kings, will perform ‘Aswamedha’, sacrifice of horse, which befits only a great monarch or a world ruler. Name of Kalki’s mother will be ‘Somati’ and father’s name will be ‘Vishnuyasa’- This is the prediction of Krishna; the time of coming of Kalki, when calculated with accuracy, comes out to be about A.D. 567. The Buddhist expected the coming of a world saviour after one millennium from the death of Buddha Sakyamuni. The Buddha named him Amida (Metteya, Meitterya in other languages). He told his mother’s name as ‘Brahmavati’ (Amina in Arabic) and father’s name as ‘Subrahma’ (Abdullah in Arabic). The Saviour was expected to be the Last one in the line of great Buddhas with great spiritual as well as physical power. Some Buddhist Scriptures portray him as a handsome man, sometimes laughing or meditating or showing compassion. Others show him as a warrior sitting on a horse with a sword in one hand (for evildoers) and a book of God in the other (for good followers). The Buddhist Scriptures predicted his birth after one thousand years after the death of Buddha Sakyamuni (d. 480 A.D.). So the Buddhist expected his advent in the sixth century. Zoroastra predicted the coming of Saoshyant Astavetereta with his fravishis after one thousand years after his death. That too comes out to be the sixth century. Zoroastra prophesied that after a thousand years, his religion will be polluted with foreign doctrines; iniquity, lawlessness and immorality will be widespread; then a foreigner, a camel driver with his army will appear to destroy ungodly men and establish the true religion of Ahura Mazda. The Jews expected a Saviour whom they call Holy one of God and Israel, the Messiah, the Christ, the Prophet; his proper name being ‘Menahem’ (Paraclete). He was expected to establish peace upon earth and form a kingdom of God in which both gentiles and Jews will live together. He was expected to conquer Egypt, Syria, Jordan, Chaldea, (the Babylon) destroy all dungy

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(128) idols and ungodly customs, free the Jews from foreign yolk and prisons. The Talmud predicted his coming after 430 A.D. while Moses, peace be upon him, prophesied his coming after 1750 years after his death i.e. about 570 A.D. The Christians expected coming of Saviour i.e. the Christ soon after the death of Jesus. The Christ was expected to establish the ‘Kingdom of God’ i.e. the Rule or the Law of God, on earth forever. In the Gospels, he is called the Holy Ghost, the Spirit of Truth, Paraclete or mediator, Menahem in Hebrew, the Helper, the Advocate, the ‘Son of God’ or in other words ‘Beloved of God’. The Saviour was expected to save the followers of Jesus i.e. the Nazarenes (‘the Christians’ was a later adoption for the word Nazarenes. The name ‘Christian’ is only for the followers of Paul who claimed to be a Prophet for ‘Gentiles’ on behalf of Jesus, peace be upon him). But the present day Christians believe that the Saviour will be God Himself who will reappear as a human being on earth in the person of Jesus. The Vedas, the Puranas, the Avestas, the Buddhist Scriptures, the Holy Bible are all full with praises of the Great Saviour, a Universal Monarch and mention a number of marks of the Last Prophet. In the Holy Qur’an we find a mention as “Those to whom We gave the Book recognise him (i.e. Prophet Muhammad SAW) as they recognise their sons. Those who ruin themselves will not believe”.Al-Anam 6:21 ALL RELIGIONS HAVE ONE FOUNTAINHEAD The Holy Qur’an has outspokenly reiterated that:

This religion (Islam) is actually the same religion (which earlier prophets preached). I am your God, so worship Me only. Al-Anbiya 21-93 This religion of yours is actually the same religion (of earlier prophets), I am your God, fear Me only. Al-Muminun 23-53 This is very true and has been proved by the research of many scholars. The Holy Bible has close similarities to Zend Avesta  which in turn has similarities to the Vedas  Many names for God are the same. For example, ‘Ahmi yad Ahmi’ God’s name in the Avesta is same as that of the Bible’s ‘I am that I am’ (ehyeh ashar ehyeh). Another name for God in the Bible is Jeveh, ‘He who is’ is the same as Ahura Mazda in the Avesta and is very close to the Vedic ‘Yahvati’. Even in the Chaldean the word ‘Yahve’ has similar meaning. The Bible and the Avesta both has the idea of two

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(129) powers—God and the devil. Angra Mainyu of the Avestas is same as the Biblical ‘Shaitan’ the Chief Evil Force, a creation of God who acts under His command. Both the Bible and the Zend Avesta name him as ‘the Serpent’. Also the Zend Avesta’s ‘Azhidahak’ (the Serpent) is similar to the Vedic ‘Ahidahaka’. But in Zoroastrianism, when their religion underwent corruption, ‘the force of Evil’ was called a second God in opposition to good God Ahura Mazda. Thus two gods, one ‘of Evil’ and other ‘of Goodness’ came to be worshipped among the Parsis, this phenomenon is called ‘Dualism’. The angels of the Bible and the Holy Qur’an are ‘Yazatas’ in Zoroastrianism; seven Archangels of the Jews and the Muslims have exact counterpart in Zoroastrianism. Zoroastrian account of Cosmogony is very close to that of the Bible’s and the Qur’an’s. Yajur Veda describes the creation of universe in the same order as that of the Avestas. The idea of resurrection of souls in Islam, Judaism and Christianity is same like that of the Avestas. All believe in everlasting, undecaying, imperishable, imputriscible and incorruptible after-life. All believe in ‘weighing of actions’ in ‘the balance’; good souls going to Paradise or Bahisht whereas bad ones to Gehenna or Duzukh. The Jews, the Muslims and the Parsis believe in the ‘Bridge over Hell’ which all people will have to cross after the Resurrection. The Talmudic and the Islamic names of seven heavens and hells and their description closely resemble with that of Zoroastrians. The same is true for Buddhism in which Amida’s heavens and hells are similarly classified and described. The practice of sacrifice among the Jews and the Muslims is found in Zoroastrians practice and also in the Vedic Yajna or Agnihotra. The story of ‘the Ark of Noah’ in the Bible and the Holy Qur’an closely resembles that of ‘Vara of Yima’ in the Zend Avesta. The story of the great flood is also found in the Hindus’ literature ‘Shatapatha Brahmana’. Also in Mahabharata and Brahmanical traditions, the story of ‘the Deluge’ is mentioned; Naoh is called Vaiwasvata in the Vedas, and instead of ‘Mount Jodi’ for the ship’s last station, the summit of the Himalayas is mentioned. That the Zend Avesta is closely related to the Vedas is known to all scholars. The Vedic hymns sung in metres are closely similar to those in both the Gathas and the later Avesta.

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(130) Forefathers of the Hindus i.e. Aryans are glorified in the Zend Avesta in numerous places. The Parsis too call themselves Aryas. This explains the reason behind great similarities between the Vedas and Avestas as both are in fact of Aryan origin. In the Zend Avesta, four-fold classification of human society is found as Athravan (priest), Rathaestar (warrior), Vastriyofshyas (cultivator) and Huites (workman) which among the Hindus is the Brahman (priest), Atharvan in Sanskrit note the similarity of name to the Parsis); the Kshttriyas (warrior), the Vaishyas (cultivator) and the Sudras (the lowest caste of workmen). In Zoroastrianism, this class system is not rigidly enforced as among the Hindus where this caste distinction has become a permanent feature which cannot be changed by actions or change of occupation but is fixed by birth. In Islam and Buddhism there is no class distinction; but in Judaism, the Jews claim themselves superior to other races and also, they have a permanent priestly class by birth. In Christianity, there is no class distinction except for the church whose members and the Pope enjoy a special status to interpret the Scriptures and Pope’s words are deemed ‘Infallible’ and as good as God’s. Like the Hindus’ idea of transmigration of souls after death to another life on earth say, plants, animals, insects, birds etc., some Parsis too believed in this doctrine of Metempsychosis. This is an important point from which the Bible and the Holy Qur’an differ. Some Jews in the time of Jesus including governor Herod and many pagans believed in transmigration, metempsychosis too, but this is in no way a general belief. The Hindus believe that a man had many lives in different forms before the present life; and after death, he will be reborn again according to his ‘Karma’ or deeds. A holy man may get ‘moksha’ and be born in eternal bliss or Paradise while a tyrant ruler may be born as a tiger or a foulmouthed woman as a bitch. Others may be born as different animals or plants or insects according to their deeds and this process goes on forever till ‘moksha’ or ‘mukti’ or ‘nirvana’ is achieved. Jews and Muslims do not believe in this paganistic belief. Pagans believed that even God dwells in their idols and sometimes His incarnation appears on earth as ‘Avatar’. This is actually a corruption of true belief which the prophets of old taught but was misunderstood and underwent change. Islam teaches that a man’s soul was born many thousand years before present life; there was no bodily appearance on earth before this life. This is the first and the last appearance. A man’s

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(131) future will be decided by a number of factors major one being his actions. After death, the soul does not die or sleep but undergoes a spiritual experience, (not bodily), according to his actions. As Prophet Muhammad told us, this grave life is a pit of Gehenna or a part of Paradise. Bad people will undergo torments till the Day of Resurrection when they will appear before God Who will take an account of their deeds. After this reckoning people will be sent into Paradise or Gehenna according to their merits. Some believers who were sinful may be forgiven all their sins and sent to Paradise because they suffered for their sins and became pure during grave life. In the Hereafter, some proud men will be raised as ants and immoral women as swines, but such ascription is allegorical; it has nothing to do with ants, swines and other animals on earth. Prophet Muhammad, (S.A.W.), spoke allegorically to make people understand in human term to be a model for us in worldly language. Perhaps this way of speaking was also adopted by the prophets of past and was later misunderstood in real terms. In both cases, the inference is the same—everyone has to pay for his bad deeds—immediately after death. In the Vedas and Hindu mythology, the first man who was created is named as Adima and woman as Heva. These names are practically the same as Adam and Heva of the Jews’ and the Muslims’. In the Hindu mythology, Ceylon is that place where they lived; mount Adam is still present in Ceylon. The story of the creation of Adam, the refusal of Satan to prostrate to Adam, the fall of Adam are identical in the Bible, the Holy Qur’an and the Vedas. But the dogma of ‘Original Sin’ and woman’s role in it is present in the Christians’ theology only. The custom of dedication of ‘devadasis’, the virgins attached to holy places is common among all religions except Islam. Among the Hindus, the virgins attached to ‘mandars’ of their gods burn candles, sing and dance before them and before the Holy Trinity, Trimourti—one body and a three faced head of Brahma, Vishnu and Siva. In Egypt, virgins were dedicated to their ‘Trinity’. The consecrated virgins of Egypt danced before the statues of gods, the Pythonesses of Delphi, the priestesses of Ceres, who delivered oracles. In Rome, among the Christians, such virgins were dedicated to the Trinity of the Father, the Son Jesus the Holy Ghost. Some sects worshipped mother of Jesus, Mary as Goddess mother of Heavens’. Such customs were present in Persia and the Babylon too who tended ‘sacred fire’. Islam is

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(132) totally free from this custom. Attributes of God are common among the most of religions of the world. For example, in Islam, which has the perfect conception of God, Allah is ‘Al-Awwal’ and ‘Al-Akhir’, First and Last—in Hinduism He is ‘Adi’ and ‘Anta’, in Judaism ‘Alpha’ and ‘Omega’. Allah is ‘Al-Batin’ and ‘Al-Zahir’, ‘Inner or Un-manifest’ and ‘Outer or Manifest’, in Hinduism is ‘Avyakta’ and ‘Vyakta’. Allah is ‘Al-Badi’ and ‘Al-Jami’, ‘the Spreader out’ and ‘the Gatherer-in’, in Hinduism is ‘Srashta’ and ‘Samharta’. Allah is ‘Al-Muhiyy’ and ‘Al-Mumit’, ‘the Giver of life’ and ‘the Giver of Death’ in Hinduism is ‘Bhava’ and ‘Hara’. Allah is ‘A1-Muzil’ and ‘Al-Hadi’, ‘the Degraded’ and ‘the Guide’, in Hinduism is ‘Mayi’ and ‘Taraka’. Allah is ‘Al-Qahar’ and ‘Ar-Razzaq’, ‘the Angry Overwhelmer’ and ‘the Auspicious Nourisher’, in Hinduism is ‘Rudra’ and ‘Shiva’. In Islam Allah is ‘Al-Ghazzab’ and ‘Al-Ghaffar’, ‘the Punisher’ and ‘the Forgiver’, in Hinduism is ‘Yama’ and ‘Kshamavan’. Allah is ‘Al-Jabbar’ and ‘Al-Karim’, ‘the Severe’ and ‘the Compassionate’ in Hinduism is ‘Ghora’ and ‘Dayalu’. Allah is ‘AlJalil’ and ‘Al-Jamil’, ‘the Sovereign’ and ‘the Beautiful’, in Hinduism is ‘Prabhu or Ishwara’ and ‘Madhura or Sundra’. We have mentioned only a few names of Allah which has its equivalent in the Vedas and the Avestas. All the hundred names of Allah in Muslim theology have its equivalent in Zoroastrianism. The Avesta’s Frakshtya (the Sustainer, Rabb in Arabic) is the Vedic ‘Su-prksh’. The Avesta’s ‘Avi-tanya’ (All-Pervading, “AlLateef” in Arabic) has its equivalent in the Vedas as ‘Abhi-Tanya’. The Avesta’s ‘Vispa-Vohu’ (All-Good, ‘Al Hasan’ in Arabic) AshaVahishta (Supreme Truth, ‘Al-Haq’ in Arabic) Khratu (Supreme knowledge, ‘Al-Aleem’ in Arabic) Spana (Supreme Holiness, ‘Subhan’ in Arabic) Vispa-hishas (All-Seeing, ‘Al-Baseer’ in Arabic) Savishta (Almighty, ‘Al-Qadir’ in Arabic) Avanemna (Invincible, ‘Al-Qavi’ in Arabic) Data (Creator, ‘Al-Khaliq’ in Arabic) Thrata (Preserver, ‘Al-Qayyum’ in Arabic) Spashta (Watcher, ‘Ash-Shahid’ in Arabic) Durae-darshta (Far-Seeing, ‘AlBaseer’ in Arabic) Pata (Saviour, ‘Al-Wali’ in Arabic) Znata (AllKnowing, ‘Al-Aalim’ in Arabic) Vispa-van (Conqueror of All, ‘AlGhalib’ in Arabic) Vispa-tash (Architect of the Universe, ‘AlMussavir’ in Arabic). This proves that Allah, God has common attributes in all major religions of the world.

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COMMON ESSENTIALS OF ALL RELIGIONS The essentials of belief in all religions are nearly the same. 1.

THE BELIEF IN GOD’S PROPHETS

All believe in prophet/prophets/Avatars. The Hindus believe in Krishna, Rama, the Jews in Abraham, Moses and others but not in Jesus (pbuh) and Muhammad, (peace be upon him); the Zoroastrians in Zoroastrs and a future prophet Saoshyant, the Christians in the prophets of Old Testament and Jesus Christ and his apostles; the Muslims believe in the last prophet Muhammad, peace be upon him, and all the prophets of the Bible and others all over the world unconditionally whether mentioned in the Holy Qur’an or not. Muslims believe that every city and every nation was sent prophets from Allah. 2.

THE BELIEF IN GOD

All religions believe in a Supreme Almighty God. Muslims call Him Allah; the Jews as Jehweh, the Christians as God; the Zoroastrian as Ahura Mazda; and the Hindus as Ishwar, Bhagwan; the Buddhist call Him the Supreme Buddha. 3.

THE HOLY BOOK

All followers of religions believe in at least one Book from God. The Hindus in the Vedas, the Puranas the Upanishads; the Buddhist in ‘Lotus Sutras’ and the Jews in the Old Testament; the Christians in the Old and New Testament i.e. the Holy Bible; the Muslims in the Holy Qur’an and all the Books of past prophets unconditionally. 4.

THE DAY OF JUDGMENT

All religions agree on this point that ‘the soul’ doesn’t die and after this life, it experiences divine bliss or punishment according to the actions done in this life. There is no escape from the reward of deeds or ‘karma’ or ‘Amal’. 5.

ANGELS – DEVILS

All religions believe in angels and devils or shaitan. Almost all religions believe in seven Arch-angels and angels who record deeds of men; the Muslims call them ‘Karaman Katebeen’ while the Hindus call Yama’s recording, Chitra-Gupta. 6.

FATE All religions believe in Fate or Pre-destination. There is

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(134) great controversy about its explanation. Some say it cannot be changed — never. Some Christians believe in ‘free will’ while the Muslims believe that a man’s free will is guided by Allah and fate can only be changed by praying to Allah, the Sole Author of Fate. 7.

PRAYERS

All believe that a man is ought to pray to God. The Muslims’ ‘Salaat’ and ‘Zikr’ is ‘Pooja’ and ‘Japa’ among the Hindus. All the adherents of different faiths have their own forms of prayers and God’s remembrance. Except for the Muslims, all must go to holy place for prayer i.e. mandar, pagoda, temple, synagogue, church etc. and there is a priest who leads their prayers to God. In Islam, a man can say prayer anywhere on a clean piece of land but a mosque is preferable while a prayer in congregation is more meritorious. 8.

FASTING

Fasting is highly esteemed in all religions Islam’s ‘saum or roza’ is ‘Vrata’ among the Hindus. The Holy Qur’an also declares that every community was ordained to keep fast in their own way. Among the Muslims, Ramadban is a fixed month for fasting though one can keep fast on other days too. 9.

ALMS

In all religions, almsgiving is highly esteemed. The Muslims call it ‘Sadaqa or Zakat’, the Christians call it ‘charity’, the Hindus call it ‘Dana’. 10.

PILGRIMAGE

All religions have a custom to visit their most holy places; such pilgrimage is supposed to expiate sins. The Muslims go to Makkah for Haj on fixed days; the Jews and the Christians go to Jerusalem; the Hindus go for ‘Tirthayatra’ and also take bath in the Ganges. 11.

HOLY WAR

Except for the Muslims, no religious community was ordered by Allah to wage holy war against infidels for expansion of Allah’s religion. But for the protection of faith as self-defence, all religions speak highly for those who fight the invaders. The Hindus call it ‘Dharma-Raksha’. The Christians called it ‘Crusades’. The Muslims call defensive or offensive battle as ‘Jehad’. Jehad, when offensive, is only against tyrants and those who not only refuse to follow law of God but do opposite to it and show intoleration to other religions. So to establish peace, it is

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(135) Muslims’ duty to wage ‘Jehad’ against iniquity, ungodly acts, ‘usury’ and idolatry etc. 12.

THE FESTIVALS

All religions have their religious festivals. The Muslims ceremonise two ‘Ids’; the Jews ‘the Passover’, the Christians ‘Christmas and Easter’ the Hindus ‘Dipavali, Krishna Asthmi, Rama nawami, Holi’ etc. The Zoroastrians too have many religious festivals e.g. Jashan Nauroz. 13.

THE RELIGIOUS PRECEPTS

In old religions, the idea of good acts and sin, good and bad qualities of a man are exactly the same: Good Acts: To pray to God and abide by His laws. To show respect to the parents; good treatment to wife, children, relatives, neighbours, guests and all men including servants, even animals. To help others and give charity to the poor; to fight for a good cause; to do justice and give true witness. Bad Acts: Deadly sins are to kill a person, to commit adultery, to drink liquors, to commit theft or dacoity, to gamble. Other sins are to tell a lie or give a false testimony, to be foulmouthed, to be dishonest, to be immodest to take bribe or earn unlawfully. Others are anger, intoleration, hypocrisy, backbiting, greed, jealousy, injustice, cruelty, miserliness. Good Qualities: Good disposition; to be tolerant, patient and show restraint; to show humility; to show hospitality; to be generous; good heartedness; friendly; broad mindedness; magnanimous, quiet, sober, forgiving. Bad Qualities: Short tempered, miser, greediness, jealous, liar intolerant, easily angered; proud; boastful; lazy; womanizer; double-tongued; unfriendly; loose tongued. All the above precepts are common in all the religions without exception. But Islam has an edge over all religions that it gives explicit warnings against liquor intake and gambling and awards severe punishments for the violators. Moreover Islam puts strict check upon fornicators and publicizers of obscenity; and asks women to observe purdah or veil and avoid free mixing with strange men; and award capital punishment for men violating honour of women. Obscene and vulgar music is also instrumental for immorality, so it is completely banned too. Personal hygiene and cleanliness are strictly ordered by Islam. All the more, observance of prayer, fasts, almsgiving is very

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(136) rigidly practiced by the Muslims as per commandments of the Prophet and the Holy Qurâ&#x20AC;&#x2122;an. In other religions, such commandments are vague and carry no harsh punishment for the offenders; whereas Muslims have a perfect model and exemplar in the Prophet Muhammad, peace be upon him, respecting all the good acts mentioned above, other religions have no such perfect model and most of their teachings are scattered here and there in old books, unreachable by common men, while Muslims have no such problem and all instructions are available to all men in the Holy Qurâ&#x20AC;&#x2122;an and the Sunnah.

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THE DEGRADATION AND CORRUPTION OF RELIGIONS With passage of time, every religion underwent degradation, its true spirit and message was forgotten, only customs and rituals remained. We hereby enumerate some of them. 1. IDEA OF GOD All true religions believed in One Supreme All-Powerful God, but with passage of time worship of spirits, angels, genii started too. Idolatry and image worship became common by the time of Noah. During the reign of Nimrod, it was idolatry, and occult practices and magic which were widespread. Stars were thought to control the fate of men; present ‘horoscope’ is remnant of such practices—Abraham boldly challenged all these pagan customs. Pagans believed that God and His powerful spirits resided in their idols; so people started praying to them instead of One God. Stars, sun and moon were thought to be gods whom people worshipped for their needs and removal of misfortune. The Hindus believed that God appeared on earth as elephant, monkey, mouse, snake etc. and many still bow them with reverence. Rama, Krishna, Buddha, Jesus peace be upon him, Nimrod, Baal, were thought to be God incarnated as men on earth, as Saviours, to save the sinners. The objects having association with divine men came to be worshipped, like Sacred trees, birth places, the Cross, the graves, the clothes, the rivers, the stones etc. In some religions cow, calf, ox were/are worshipped. In most religions, the idea of ‘Trinity’ developed. The followers of Nimrod worshipped Trinity too. The Hindus worship ‘Trimourti’ of Vishnu, Shiva and Brahma. The Christians worship God who, according to them, is ‘Trinity’ of the Son (Jesus), the Father and the Holy Ghost. Some sects added Mary, the goddess mother of heavens. Among all religions, this idea took root that God is pleased with self-mutilation, hardship in worship and fasting and extreme self-negation. Some saints preferred celibacy, living in secluded places in great hardships and living nude, dirty, leaving their hair uncut, eating wild fruits and leaves like animals. Still

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(138) such men e.g. Sadhus are revered in India. 2. LOSS OF SPIRIT AND DEVOTION Soon after the prophets died, all followers of religions started deviating from the true teachings. Even the vicegerents of the prophets i.e. the priests, deteriorated in their morals. Though priests spent a life of devotion to God, service to men, selfabnegation and abstemiousness at first, but at later times they became haughty and arrogant. Lavish living standard took the place of poor living; mandars, temples and churches were built like beautiful palaces, simple food was replaced by rich food, the priests wore costly dresses, threw parties to their accomplices like kings. Men like Martin Luther strongly repudiated such practices. Inward purity required of a man of faith was replaced by outward acts of show; Jesus, peace be upon him, strongly spoke against hypocrite priests of his time and compared them like beautiful graves from outside with rotten skeletons inside. Thus religious services became only verbal without sincerity. To add more, in all religions, the sacred books were recited by the priests in languages which common men did not understand. The holy books were inaccessible for a common man; in India Shudras were killed if they heard the word of the Vedas. New religious dogmas were created which could not be explained rationally. If anybody asked about those mysteries then answer was ‘you shouldn’t question; only put faith in it and get salvation’. The dogmas of ‘Trimourti’, ‘the Holy Trinity’ of the Christians and the pagans, ‘transmigration’ of souls, reincarnation of God, presence of God in images, icons and idols and ‘transubstantiation’ were similarly imposed over the people. If some men of understanding differed from the belief of the congregation, they were called heretics and were excommunicated or killed. As the religions deteriorated, their leaders stopped preaching of it to convert non-believers into their fold; they even lost the spirit and will to forbid their followers from evils and bid them to do good. So when religious precepts were violated, the priests did not care to put a check to it. 3. IMMORALITY With times, immorality prevailed among the followers of all religions. Virgins dedicated to mandars, shrines, temples and churches for service to idols or gods later became victim of the

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(139) lust of the priests. Even common women came to the holy places for prostitution. Here are some excerpts from some books: Lala Munshi Rama who converted to another Hindu reformed sect and named himself Swami Shardhanand writes in Kulyat Arya Musafir i.e. verses of an ‘Aryan Seeker’ of the Truth: ‘In the eighteen Holy Puranas, there are the stories of Rishis (the Prophets) Mannis (the Sages) and Devatas (the gods) which are shameful blot upon them. Even great Brahma is shown to intercourse with his daughter; Holy Krishna intercourses with “Radhakan, Mahadeva intercourses with the wives of the Rishis; the great Vishnu intercourses with the wife of great Jullundhar named Birinda; the great god Indra commits adultery with the wife of Gautam; the god Suraj (the Sun god) with Kanti; the god Chandra (the Moon god) commits adultery with Tara the wife of his great master Brahspati; the god Vayu devata (the god of air) commits adultery with Anjni, the wife of Kesari; the great god devata Varuna commits adultery with the mother of devata August named Arooshi; the god Brahispati commits adultery with Attha the wife of his brother; the god Vishwa Mitra commits adultery with Arooshi; Parashr commits adultery with Machodri; Dev commits adultery with Dasi; the divine Daroopdi was intercoursed by five men who won her after a game. ‘With the victory of Christianity and the barbarians, the relations of men and women sank to a pitch of brutality which had been unknown in the ancient world for many centuries. The ancient world was vicious, but not brutal. In the Dark Ages, religion and barbarism combined to degrade the sexual side of life. In marriage, the wife had no rights; outside marriage, since all was sin, there was no object in curbing the natural beastliness of the uncivilized male. The immorality of the Middle Ages was widespread and archbishops promoted their male favouritics to neighbouring sees. “History of the Inquisition in the Middle Ages” Vol I page 9,14. ‘Europeans and Americans who have been brought up under Christian influences are inclined to regard this deification of sex, this unrestrained exhibition of the sexual organs, this ceremonial .indulgences in the sexual act, an exceedingly repellent and disgusting in the extreme. To them “Sex” is just another word for “obscene” and to associate it with religion comes very near to blasphemy. The Hindu, on the other hand, must find it equally difficult to understand the inhibitions, the reactions of the Westerner, confronted by what after all belongs to the vary

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(140) nature of things, that which lies at the root of being. To him “Sex” is essentially religious, and sexual intercourse may be not mere sensual gratification, but a religious act. (page 78 line 3-14). “Then there are the devadasis, who are so prominent a feature of Hinduism in South India. These “brides of the gods” as they are sometimes called, since they are united to the idols by wedding rites, are in fact temple prostitutes. They are divided into grades or classes, including the girl who sells herself for her own benefits; the girl who does so to enrich or otherwise benefit her family; the girl who joins a temple out of devotion (since the sacrifice of chastity is the greatest thing she can offer to the god); and the girl who is hired by the temple authorities for the convenience of their clients. Most of these girls are of low caste, but many are accomplished, being taught by the priests to read and write, as well as to sing and dance. So accomplished are they that their attainments have tended to give female education in India a somewhat disreputable tinge. ‘The devadasis are largely recruited by purchase, but some of them have been consigned to the temple by their parents as a recognition of a divine gift or an answered prayer. ‘It has been urged in defence of the institution that since there must be a prostitute class in India as in other countries, it is all to the good that the girls should grow up and live and exercise their profession within the temple precincts, where they may at least learn something of religion.’ (“Ethics of The Great Religions” by E. Royston Pike page 79, line 9 to 30). Swami Dayanand writes in ‘Seeta Rath’ page 301, ‘There is certain sect among the Hindus who recite a verse called Bheravi Chakkar; after its recitation, any man can commit adultery with any woman as the act becomes lawful. During recitation of this Divine Verse ‘BHERAVI. Brahmin and the chandal (the lowest Hindu caste) become equal and are lawful for each other. Vam Margi sect’s adherents gather in a secret place where entry of an outsider is forbidden. Men worship the hidden part of a nude woman while all the women worship the phallus of a nude man. After this holy act, all the women become lawful to men including mother sisters and daughters.’ Swami Dayanand further writes that Choli Marg and Baij Marg sects too have similar customs but they cast lots before lying with a woman irrespective of whether she is mother, sister or daughter. After performing these rituals, they all drink water in which semen of men is reverently dissolved.

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(141) Swami Dayanand mentions another sect Gogley Gosain also called Pushtani Marg who also have similar rituals of free sex but they have another custom that every man must bring his wife to the Chief Gosain before touching her; this ensures their entry into Golok (Paradise). We can mention hundreds of such Hindu sects who practice more licentiousness, the detail of which may, even put a Western to shame. Any intellectual person can read Hinduism and will be disgusted to find thousands of incidents of obscenity. These acts are done in the sacred names of Vishnu and Krishna. These rituals are not confined to the Indians only. We find in the history, a mention of a religion very popular in Persia called Mazdakite, (6th century sect) who made it lawful that any man could intercourse with any other woman irrespective of the relation. They shared their properties jointly and are dubbed as the first socialist or communist. We read in the Bible (Genesis 20:1-6) of Abraham and his wife Sarah caught by the king Abimelech, whose nation had similar morals mentioned above. The king had the right over all the women of his nation and those who passed through his territory. In the time of the Prophet Muhammad, peace be upon him, in addition to many loose customs, one was Mata i.e. temporary marriage. A man could ask a woman to sleep with him for a night or so for an agreed amount. Even early Muslims practiced it till it was forbidden by the Prophet during the Battle of Khaibir. Some Shiite sects still practice it. In a way, a sort of prostitution was common among the people of the old. We find son of Jacob (pbuh) Judah inter-coursing with Tamar after paying money thinking her “a temple prostitute” (Genesis 38:16) not knowing that she was his daughter-in-law. During the performance of religious services, intoxicating liquor became the part of it. Among the Hindus ‘Soma Juice’, among the Zoroastrians the ‘Hoama Juice’ and among the Christians ‘wine’ became, an essential part of some religious ceremonies. Some priests used ‘Bhang’ or ‘Charas’ to let their followers experience ‘spiritual ecstasy’. Among the Hindus’ mandars, specially trained dancing and singing girls (Devadasis) became prominent feature of the Hindus’ devotional ceremonies. Among the Christians, musical instruments are played during singing of hymns, and it is not forbidden for priests to dance with opposite sex, holding their

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(142) hands. In some recent past, temple prostitutes became an essential part of the society; sects like “the Mazdakites” even allowed free sex irrespective of relationship, whether mother, sister or daughter. Some Hindu sects still practice it during their ceremonies. Among some sects of Hindus and pagans of Babylon and around, sacrifice of a human became a common feature. During the time of Prophet Muhammad, peace be upon him, in Arabia and other countries, it was a common custom to sacrifice new born babies to gods. In India such sacrifices are performed for ‘Kali Mata’ even in the 20th Century while worshippers of ‘Moloch’ practiced it in the past. 4. DESTRUCTION OF SOCIAL STRUCTURE With the fall of religious instructions, the social structure too fell. The rulers became hardhearted and tyrant. The ruling class and the masses became separate classes. The kings put heavy taxes upon their subjects which were unbearable and they enjoyed luxurious lifestyle while masses’ life became deplorable. In most cases, the priests also joined the rulers. The fight among the rulers of neighbouring states became a common feature mostly fanned by religious warlords. In addition to poor subjects, a class of slaves e.g. ‘the Shudras’ was created whose sufferings were manifold. Women’s status ever declined. As some Hindus called them ‘root of all evils’ the Christians called them soulless creature responsible for fall of Adam and cause of ‘original sin’. General treatment given to women was debasing. Even today in India, some Hindus treat women like a shoe which can be used and then thrown and a new taken anytime. Adultery became widespread which is still true among the Christian nations and the Hindus, prostitution was always accepted as a part of social structure— true even today. Due to disregard of religious precepts, general lawlessness prevailed. Killing, theft, dacoity, abduction, and forcible possession of land and others’ belongings became common. The highways became unsafe for travelling. Thus peace of the world was lost. As it is very well true even today, each religion and its sects became extremely intolerant to each others. The Hindus called all the foreigners as ‘Mellechas’ and ‘Untouchables’, intermarriages among them were unthinkable. This was true for

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(143) the Jewish sects too who would not entertain a non-Jew. For the Christians, it is a blasphemy for the Catholics to mix with those who do not believe in “the Trinity’. Even today intolerance between the Catholics and the Protestants and others exists. In the past, the Hindus persecuted the Buddhist, an off-shoot of Hinduism, bitterly and brought about their nearly total extermination and exile from India to neighbouring countries. As we very well know, early settlers in America were those who went into exile or were sent forcibly to quit Britain by the rival sect. In the whole of Europe, the intolerant spirit of different sects was ever observable. This all happened in spite of the fact that all religions originally preached ‘love’ for all to their followers. With the deterioration of religious principles, the priestly class became indulgent in worldliness and became manifestly money-minded. The Brahmans would charge their fees for each religious ceremony performed by them e.g. at birth, at death, at marriages and many others. The Christian clergy did the same; and at a certain period of history, they even started selling indulgences for money e.g. if a man committed adultery he could pay few shillings to buy a written certificate for its expiation—for all sins there was a price to pay for its penitence. In addition to it, the clergy acquired land too and is the biggest land owners in the world today. The Catholics even declared the laws as ‘curse’ and the Hindus ordained a separate law for each of the four castes. ________

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(144) We hereby narrate, what Prophet Muhammad. (S.A.W.), came to teach and establish: 1. ONENESS OF GOD The foremost purpose of the Prophet’s advent was to establish the Oneness of God and destroy all ungodly man-made dogmas of ‘the Trinity’ of the Hindus, the Christians and pagans. He completely destroyed all idols from Arabia and countries around it and established absolute devotion to only One God. In this short space it is not possible to write how he did it, but the Holy Qur’an is a living miracle to strengthen the faith about One God. 2. THE HONOUR OF THE PROPHETS The Holy Qur’an declares that every nation and every city was sent prophets by God, who were all sinless men, performed miracles under power from God to fulfil ‘His Will’, and that all unbecoming stories written by men in the so-called ‘Holy Books’ are but untrue. The Prophet asked us to put an unconditional belief in them all and also in their revelations — all the prophets received the same divine message. 3. PRAYERS, FASTING, CHARITY Although prayers, fasting and charity are enjoined in all the religions, but with the passage of time, the masses ignored and then forgot it and only few stuck to it. Others lost the spirit of them, as we find in the Gospels Jesus, peace be upon him, rebuking the Pharisees for their hypocrisy during performance of religious ceremonies. The Prophet taught everything so explicitly with his own example that even after fourteen hundred years, Muslims follow him minutely. One of the blessings of the Prophet’s teachings is that he permitted to stand before God directly and communicate with Him directly — immense peace of

mind does it give!

The Prophet completely forbade any hardship in prayer and fasting. 4. OBSERVANCE OF LAWS Islam enforced strict observance of all Laws of God — by everyone without exception. All were made responsible to follow the faith of Islam with their full power, and none could expiate the sins of other. 5. ORIGINAL SIN The Prophet vindicated the mankind from original sin — all men are born sinless — even Adam was sinless after repentance. Thus Islam destroyed the dogma of a god dying for

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(145) ‘sin of the world’, as was believed by Nimrod’s followers, Mithraists and gentile Christians i.e. Catholics. There is no guilt upon men nor upon women nor there is any hindrance between a man and God to achieve closeness. 6. AFTER-LIFE Every religion had an imperfect and vague conception of after-life — pagans believed in transmigration of souls. The Prophet explained this difficult phenomenon allegorically to give a perfect picture of the Hereafter which encompassed and superseded all the man-made explanations of the past. The Prophet’s picture of the Hereafter compels a Muslim to do good in order to enter into Paradise and dreads the sinners to refrain from transgressions. 7. OF WOMEN The honour of women which was lost to them during the days of ignorance and darkness was rehabilitated. She was given a share in inheritance, the right to work and manage her business and property, the right to seek education, the right of divorce. She was declared pure during menses except for sex. A mother is a door to the heaven, Paradise is under her feet and she is three times superior to a father. A shawl is prescribed for her while going in public places to save her from the traps of lustful men. Illicit relations with women, even with non-Muslim women are banned. Prostitution is banned; her molestation carries death penalty. She is given the right to decide about her marriage and is given a right to ‘security amount’ before marriage. 8. SOCIAL RIGHTS Islam destroyed caste system or distinction of race, colour and language. All men are children of Allah and are equal as brothers. The Muslims can marry non-Muslim girls provided they follow the Law. Social contacts between Muslims and nonMuslims are encouraged. All men are given the right to observe their own ‘sharias’ and rites, and are given legal protection in respect of peace, honour, property and justice. 9. SLAVES AND CONCUBINES Islam made laws to give protection to the slaves and concubines. Slaves were declared as brothers of a Muslim and could seek freedom if maltreated. They could even purchase their freedom by ‘makataba’ and the government was required to set aside a portion of public taxes to seek their freedom. Concubines and slaves were encouraged to marry and Muslims were ordered

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(146) to help them. A concubine could be married by a Muslim — then only one man had a right to her and she was a free woman after death of her master. The Muslims were emphatically encouraged by the Prophet to educate them and then set them free — this is the best of all deeds. 10. OF WARS In the past, the wars were bloody, the victors would seek to crush the defeated army and exterminate them completely, killing children, women and old men so that none was left to take revenge in future. There was in fact no divine law in existence which showed compassion for those defeated. So the victorious army thought it meritorious to burn the cities and the crops and capture beautiful women and young men as their prized booty, as something to boast about and mock their captives. Such wars were always for the cause of expansion of a kingdom, looting, for women etc. Islam puts an end to such acts of cruelty. It enjoined its followers not to kill injured men and those who threw their arms. Women, children, old men, sick men, labourers, priests were spared; non-combatant peaceful population was treated with respect giving protection to their honor, property and life — no looting or enslaving was done nor their land was confiscated, only combatants were captured. They were not required to pay any heavy taxes — taxes were forgiven if they joined the Muslim army. In a period of few decades, all the tyrant rulers of Rome, Persia, Egypt, Mesopotamia were defeated and then a peaceful Muslim rule prevailed all over the land. Islamic wars are only to uphold the law of Allah — emancipation, justice, peace and respect for all — for a universal brotherhood. So bloodshed is repugnant to Islam. 11. MORAL AND SOCIAL UPLIFT Though Islam is somewhat different from all other religions, still it gives full protection to them and recognise their right to exist. That is why Islam allowed inter-marriages among the people of the Book to bring about amity among all the nations of the world — this is a unique commandment. What Islam does not compromise on is intolerance and oppression on the basis of religious differences. Islam envisages a human brotherhood in which every person is free to think, get education and progress and then accept Islam if he so desires. ‘No compulsion is in the matter of religion’ is Islam’s fundamental declaration — neither it compels nor it allow others to compel — a fair choice and freedom of conscious it gives to all. In every sphere of life, Islam teaches

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(147) ‘moderation’. We Muslims believe that when mankind will be fully educated and be lifted socially and morally and given a freedom of conscientious thinking— then all will have no choice but to accept Islam. 12. DEMOCRACY Islam is the first religion who enjoins upon its followers to decide their matters by democratic means and accept the truth even if it comes from an enemy. The Prophet would always consult with his comrades before making any decision and always followed the decision of the majority. His Caliphs too followed his traditions. This practice is absent in all other religions  and is a salient feature of Islam. 13. FESTIVALS In Islam, even festivals are ceremonised with sobriety— no indulgence or merry-making — no dancing or liquor intake like the old paganistic religions. Instead Islam expects its followers to bow before their God on ‘Ids’, extend thanks to Him for giving them power to keep Fast during Ramadhan, and sacrifice animals on Eid-ud-Duha to pay homage to prophet Abraham’s (A.S.) great sacrifice and make solemn pledge to do the same themselves in case God needs a sacrifice from them. How beautifully it differs from the festivals of pagans during which obscenity of every nature is seen — men going mad after excessive intake of liquors and carnal indulgences. 14. PURIFICATION  EXTERNAL AND INTERNAL Islam is manifestly different from all other religions that it emphasizes a lot upon bodily cleanliness which was absent in all other religions; among some it was thought to be meritorious to look dirty, shabby and unsmart. Islam asked the Muslims to wash five times before each prayer and take bath occasionally, to keep clothes clean, to comb the hair and look smart. ‘Purification is the key to prayer’ the Prophet said, and he would occasionally point out to men who looked unclean. In addition to outward purity, he stressed upon inward purity too which is the deciding factor for all acts ‘Acts depend upon intentions’ he said, and ‘keep control over what is in your heart’. This is all what the world needs most. 15. EDUCATION The Holy Qur’an was the first holy scripture which impressed upon mankind to ponder into the science of nature and declared everything as subservient to men. Thus with the advent of Islam, there ushered a new era of advancement of science and

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(148) arts and opened the gateway to the present-day technical advancement. The Qurâ&#x20AC;&#x2122;an pointed to men to look thoughtfully into the celestial objects, formation of earth, the life on earth and man himself. Accordingly, the Muslims built schools, universities and observatories to further the cause of education. The Prophet said: It is a duty of every Muslim man and woman to seek education.

________

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THE DECLARATION OF THE HOLY QUR’AN “WE ARE ONE” 1.

ONE GOD-ONE RELIGIOUS SOURCE

This religion (Islam) is actually the same religion (which earlier prophets preached); I am your God, so worship Me only. Al-Anbiya 21-93 This religion of yours is actually the same religion (of earlier prophets), I am your God, fear Me only. Al-Muminoon 23-53 2.

ONE FATHER OF MANKIND

O people! Fear your Lord, Who created you from one person (Adam) and from him was created his spouse (Eve) and then from the two were spread a multitude of men and women. An-Nisa 4-2 3.

COMMON PROPHETS To every city, Allah sent prophets.

Say: We believe in Allah and the commandments revealed to us and the commandments revealed to Abraham, Ismael and sons of Israel and also those commandments given to Moses and Jesus and to the prophets, from their Lord; we make no distinction between any of them and we are Muslims (i.e. submitted to the will of Allah, peacelovers). Al-Imran 3-85 4.

ONE SAVIOUR

“Those people who will follow the Messenger, the Gentile Prophet, about whom they find mentioned in the Torah and the Gospel, he preaches them to do good and forbids them evil, allows them the clean things and forbids the unclean ones, and lifts from them their burden and the shackles which were upon them. So those people who believe in this prophet and honour him and assist him and follow that divine light which has been revealed to him, are the ones who will have salvation. O Prophet! Say: O people of the world, I am Messenger of Allah to you all from the One Whose is the kingdom of the heavens and the earth; and save Him there is no god, Who gives life and causes death. So believe in Allah and His Messenger, the Gentile Prophet who believes in Allah and His commandments; follow him so that you are guided (to the true Path).”

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Al-Araf 7-158 5.

ONE PROPHET OF COVENANT—MUHAMMAD (SAW)

“Remember, when Allah made a covenant with all the prophets that I have given you the Book and wisdom; if in latter days a prophet comes to you verifying the teachings which is with you, then you must believe in him and must aid him; after this Allah asked, ‘Do you agree and accept the responsibility to take up My burden?” They said, “Yes, we agree to this covenant”. Allah said, “You bear witness to it and I am with you among the witnesses too and whosoever turn away after this covenant, then those are certainly sacrilegious.” 6.

Al-Imran 3-82 ONE FAITH ACCEPTABLE TO GODISLAM

“Whoso desires a faith different from Islam, shall not be accepted and he will be one of the losers in the Hereafter.” 7.

ONE BLESSED RELIGION – ISLAM

“Today, I have perfected your religion for you and I have accomplished My favours upon you and I have given My consent and approval for Islam.” Al-Maeedah 5:3 8.

ONE GUIDE

“He it is Who has sent His Messenger with the guidance and the religion of truth that He may cause it to prevail over all other religions even if those who worship partners with Allah hate it”. Al-Saff 61-10 Thus Islam is the greatest benefactor of mankind. The great personality of Prophet Muhammad, peace be upon him, and the Holy Qur’an brought about an astonishing revolution which changed the course of history of mankind — from debased wickedness to a universal, everlasting peace, imparted a perfect morality — the greatest miracle! Here are unbiased opinions of eminent scholars of the world who have praised Islam, its doctrine, the Prophet and admitted that Islam has all the goodness befitting for a perfect religion; but they also admit that some unworthy people with vested interests have tried to tarnish the face of Islam by anti-Islam propaganda — blatant lies.

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Al-Imran 3-85

(151) MUHAMMAD  A TRUE PROPHET 1. “Is it possible to conceive, we may ask, that the man who effected such great and lasting reforms in his own country by substituting the worship of the one only true God for the gross and debasing idolatry in which his countrymen had been plunged for ages; who abolished infanticide, prohibited the use of spirituous liquors and games of chance (those sources of moral depravity), who restricted within comparatively narrow limits the unrestrained polygamy which he found in existence and practice — can we, we repeat conceive so great and zealous a reformer to have been a mere impostor, or that his whole career was one of sheer hypocrisy? Can we imagine that his divine mission was a mere invention of his own of whose falsehood he was conscious throughout? No, surely, nothing but a consciousness of really righteous intentions, could have carried Muhammad so steadily and constantly without ever flinching or wavering, without ever betraying himself to his most intimate connections and companions from his first reflection to Khadijah to his last agony in the arms of Ayesha. In acquiring and using power, Muhammad did but follow the example of Moses, who could not have effected the deliverance of the children of Israel out of Egypt had he not assumed the authority of a leader and a head — the maker or dispenser of the laws; and surely no man ever yet upbraided him with making ambition the end and design of that achievement, since without that power he could not have accomplished the mission upon which he had been sent by Jehovah. And thus it was in the case of Arabia, which being divided into many tribes, frequently at war with one another, Muhammad had no other way uniting them into one body, and of establishing his religion among them than by making himself their head or leader, a circumstance which fully exonerates him from the charge of personal ambition. As to the term imposture, meaning falsehood or forgery which has been so unsparingly bestowed upon Muhammad’s doctrine, the fact that his first principle was the unity of the Godhead — a principle preached by Jesus Christ himself — sufficiently shows its injustice. The word imposture, however, may be meant to apply to his pretension of being a prophet. Now, it is certain that the abolishing of idolatry and the setting up of the worship of the one true God, among a people lost in the first, and ignorant of the latter, was an errand worthy of a mission from heaven. It is also certain that Muhammad did establish the

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(152) worship of one God in Arabia, and so effectually abolished idolatry in that country that it has never reappeared there, in any shape, for above one thousand years, whereas idolatry no sooner got footing again among the Christians, than that section of them that had gained the ascendancy condemned the Iconoclasts as heretics, solely for demolishing the idols that had been set up by them.” John Davenport “An Apology For Muhammad And The Our’an.” RELIGION OF REASON 2. “To seek knowledge is duty of every Muslim man and woman. Seek knowledge even though it be in China. The savants are the heirs of the Prophets. These profound words of the great reformer are an indisputable contradiction to those who seek and exert themselves in putting the responsibility of the intellectual degradation of Muslims upon the spirit of the Qur’an. They will read that the Prophet incessantly called the attention and the meditation of his people to the splendid marvels, to the mysterious phenomenon of creation.” (Dr. A. Bertherand, “Contribution des Arabies and Progress de Sciences Medicales”, Paris 1883). FOUNTAINHEAD OF SCIENCE 3. “We must not be surprised to find the Qur’an the fountainhead of the sciences. Every subject connected with heaven or earth, human life, commerce and various trades are occasionally touched upon.” (Hartwing Hirschfeld, Ph.D. M.R.A.S. New Researches into the Composition and Exegesis of the Qur’an”, London 1902). 4. “The Koran did not contain a single statement that was assailable, from a modern scientific point of view.” (Dr. Maurice Bucaille, “The Bible, The Koran and Science”). RELIGION OF ENLIGHTENMENT 5. Europe was darkened at sunset, Cordova shone with public lamps; Europe was covered with vermin, Cordova changed its undergarments daily, Europe lay in mud, Cordova’s streets were paved, Europe’s palaces had smoke-holes in the ceiling, Cordova’s arabesques were exquisite; Europe’s nobility could not sign its name, Cardova’s children went to school; Europe’s monks could not read the baptismal service, Cordova’s teacher created a library of Alexandrian dimensions.” (Victor Robinson, “The Story of Medicine.”)

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(153) RELIGION OF EQUALITY, TOLERANCE 6. “Take away that black man! I can have no discussion with him,” exclaimed the Christian Archbishop Cyrus when the Arab conquerors had sent a deputation of their ablest men to discuss terms of surrender of the capital of Egypt, headed by Negro Ubaidah as the ablest of them all. To the sacred archbishop’s astonishment, he was told that this man was commissioned by General Amr, that the Moslems, held Negroes and white men in equal colour, — Islam knows no ‘colour line’.” (S. S. Leeder, “Veiled Mysteries of Egypt,” London 1912). 7. Islam is a great religion, a high and noble faith, we must, not lose Muhammad the prophet in looking at Muhammad the history-maker and organizer. He left a code of ethics which was a tremendous step forward for his time. Islam became one of the world’s great civilizing force. It stopped infanticide of girls, restricted slavery, and imposed a kindlier treatment of slaves. It opposed drunkenness and gambling, almost ended tribes feuds, and limited free polygamy. It advanced women’s rights by restricting divorce, and imposed severe penalties for prostitution. It extended religious tolerance to the sister faiths of Christianity and Judaism, and gave to the Arabs an ideal of unity. Among the Moslems today we find no taverns, no brothels, no gaming houses, no profanity. Modern Islam has seventy-two sects with some animosity among them, but nothing like the fierce bitterness and intolerance found among Christian sects. Islam today is followed by one-fifth of mankind, and is continually making new converts. For the Arab, it was a birth from darkness to light.” (Gerald L. Berry, “Religions of The World” Barnes & Noble, Inc. N.Y. 1965) 8. “If ever the opposition of the great societies of the East and West is to be replaced by cooperation, the Mediation of Islam is an indispensable condition.” (H. A. R. Gibb. “Whither Islam,” London, 1932) RELIGION OF DEMOCRACY 9. “It was the first religion that preached and practiced democracy.” (Serojini Naidu, Lecture on “the Ideals of Islam” vide speeches and writings of Sirojini Naidu, Madras 1918). 10. “The extinction of race consciousness as between Muslims is one of the outstanding achievements of Islam.” (A. J. Toynbee, Civilization on Trial, New York 1948). 11. “The nobility and broad tolerance of this creed, which

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(154) accepts as God-inspired all the real religions of the World, will always be a glorious heritage for mankind. On it could indeed be built a perfect world religion.” (Duncan Greenlees, M A. (Oxen), “The Gospel of Islam,” Adyar 1948). RELIGION OF BROTHERHOOD 12. “The brotherhood of Muhammadanism is no mere word. All believers are equal and their own high-priest, Zeid, the ex-slave, led Muhammad’s troop — The Ghaznavide dynasty was founded by the slave  The cruel treatment of slaves has been the reproach of Europeans rather than of Eastern nations.” (Dr. Leither, “Muhammadanism,” 1893). 13. “I have studied him, the wonderful man, and in my opinion, far from being an anti-Christ, he must be called the saviour of Humanity. I believe that if a man like him (Muhammad S.A.W.) were to assume the dictatorship of the modern world, he would succeed in solving its problems in a way that would bring it the needed peace and happiness. If any religion has the chance of ruling over England, nay Europe, within the next hundred years it can be Islam.” (George Barnard Shaw, “A Collection of Writings of Some of the Eminent (Christian) Scholars,” 1935). 14. “Four years after the death of Justinian, AD 569 was born at Makkah, in Arabia, the man who of all men, has exercised the greatest influence upon the human race.” (Le Comic de Boulainviliers, “La Vie de Muhammad”, Amsterdam 1731). 15. “To be the religious head of many empires, to guide daily life of one-third of the human race, may perhaps justify the title of Messenger of God.” (John William Draper, M. D. L. I. “A History of the Intellectual Development of Europe,” London 1875). MUHAMMAD (S.A.W.)  A SINCERE MAN 16. “To suppose Muhammad (S.A.W.) an imposter poses more problems that it solves. Moreover, none of the great figures of history is so poorly appreciated in the West as Muhammad (S.A.W.). With essential honesty and integrity of purpose, if we are to understand him at all, if we are to correct the errors, we have inherited from the past, we must in every particular case hold firmly to the belief in his sincerity until the opposite is conclusively proved.” (W. Montgomery Watt, “Muhammad at Makkah” Oxford 1953).

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(155) 17. “Our use of the phrase ‘The Dark Age’ to cover the period from 600 to 1000 marks our undue concentration on Western Europe — From India to Spain, the civilization of Islam flourished. What was lost to Christendom at this time was not lost to civilization, but quite the contrary — To us it seems that West-European civilization is civilization, but this is a narrow view.” (Bertrand Russell, “History of Western Philosophy” P.419). 18. “It was the rigid simplicity, the utter self-effacement of the Prophet, the scrupulous regard for pledges, his intense devotion to his friends and followers, his intrepidity, his fearlessness, his absolute trust in God and in his own mission. These and not the sword carried everything before them and surmounted every obstacle.” (M. K. Gandhi, “Young India”). 19. “To thoroughly comprehend the spirit of Muhammad (S.A.W.), or the soul of Islam, the student himself — must at the outset recognise that Muhammad (S.A.W.), was no mere spiritual pedlar, no vulgar time-serving vagrant, but one of the most profoundly sincere and earnest spirit of any age or epoch. A man not only great, but one of the greatest (i.e. truest) men that humanity has ever produced.” (Major A. Glyn Leonard “Islam — Her Moral and Spiritual Value,” London 1927). GREATEST OF ALL MEN  MUHAMMAD (SA.W.) 20. Philosopher, orator, apostle, legislator, warrior, conqueror of ideas, restorer of rational dogmas of a cult without images; the founder of twenty terrestrial empires and of one spiritual empire, that is Muhammad. As regards all standards by which human greatness may be measured, we may well ask, is there any man greater than he?” (Lamartine, “Histore de la Turquie”, Paris, 1854). 21. “Muhammad is by many seen only through the fog which dread and ignorance have spread around him. To them he is an object of horror against which anything evil might be said – But now the mists of prejudice have cleared away, we can afford to see the founder of Islam in a fairer light. (“The Permanent Element in Religion” by Bishop Boyd Carpenter).

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(156) 22. “Muhammad himself, after all that can be said about him, was not a sensual man. We shall err widely if we consider this man as a common voluptuary, intent mainly on base enjoyments, nay no enjoyments of any kind — No emperor with his tiaras was obeyed as this man in a cloak of his own clouting.” (Thomas Carlyle, “On Heroes, Hero Worship and the Heroic in History,” London 1888). 23. It is strongly corroborative of Muhammad’s sincerity that the earliest converts to Islam were his bosom friends and the people of his household, who, all intimately acquainted with his private life, could not fail to have detected those discrepancies which more or less invariably exist between the pretensions of the hypocritical deceiver and his action at home.” (John Davenport, “An Apology for Muhammad and the Koran,” London). 24. “Later he became head of the state, and the testimony even of his enemies is that he administered wisely. The wisdom he displayed in judging intricate cases became the basis for the religious law that governs Islam today. He lifted women from the bondage in which desert custom held them and preached general social justice — Western writers have based their charges of voluptuousness mainly on the question of woman. Before Muhammad, however, men were encouraged to take innumerable wives; he limited them to four only and the Koran is explicit that husbands who are unable to maintain strict equality between two or more wives must confine themselves to one.” (James A. Michener, “Islam: The Misunderstood Religion”). 25. “Head of the State as well as of the Church, he was Caesar and Pope in one; but he was Pope without Pope’s pretension, Caesar without the legions of Caesar. Without a standing army, without a bodyguard, without a fixed revenue, if ever any man had the right to say that he ruled by the right divine, it was Muhammad (S.A.W.), for he had all the power without its instruments and without its supports.” (Bosworth Smith, “Muhammad and Muhammadanism”). 26. “In little more than a year he was actually the spiritual, nominal and temporal ruler of Medina, with his hand on the lever that was to shake the world.” (John Austin, “Muhammad, the Prophet of Allah” 1927). SAVIOUR OF CIVILIZATION 27. “It seemed then the great civilization which it had taken four thousand years to construct was on the verge of disintegration, and that mankind was likely to return to that

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(157) condition of barbarism where every tribe and sect was against the next, and law and order was unknown — It was among these — people that the man (Muhammad S.A.W.) was born who was to unite the whole known world of the East and South.” (J. H. Denison, “Emotion as Basis of Civilization”, London 1928). GREATEST REVOLUTIONARY RELIGION 28. “Muhammad was the greatest revolutionary leader known to us. He has left an imprint on the whole course of human history which no man after him has been able to efface. Indeed he appeared at the crossroads of human history and changed the course of human history. I hope it will now be realized that the Holy Prophet provided practical guidance for balanced living at all levels including physical, mental, emotional and metaphysical.” (Professor Le Bon on “Critical Study of Message of God”). 29. “Islam had the power of peacefully conquering souls by the simplicity of its theology, the clearness of its dogma and principles.” “(Jean V Heureax, “Etude Sur L’ Islamism”). 30. “Two features in the creed of Islam have always specially attracted me. One is the God conception, the other is its unquestionable sincerity.” (Major Arthur Glyn Leonard, “Islam— Her Moral and Spiritual Value,” London 1927). 31. “Sense of justice is one of the most wonderful ideals of Islam, because as I read in the Qur’an I find those dynamic principles of life, not mystic but practical ethics for the daily conduct of life suited to the whole world.” (Sirojini Naidu, Lecture on “The Ideals of Islam” vide Speeches and Writings of Sirojini Naidu, Madras 1918). 32. “The rise of Islam, is perhaps the most amazing event in human history springing from a land and people alike previously negligible, Islam spread within a century over half the earth shattering great empires, overthrowing long established religions, remoulding the souls of races, and building up a whole new world  the world of Islam. The closer we examine this development the more extraordinary does it appear — Forgetting the chronic rivalries and blood feuds which had consumed their energies in internecine strife, and welded into a glowing unity by the fire of their new found faith, the Arabs poured forth from their deserts to conquer the earth for Allah, the one true God  For the first three centuries of its existence (circ. AD 650-1000) the realm of Islam was the most civilized and progressive portion of the world.” (A.M. Lothrop Stoddard, Ph. D. “The New World of

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(158) Islam,” London 1932). 33. “There can be no question but that, with its pure monotheism and a code founded in the main on justice and humanity, Islam succeeds in raising to a higher level races sunk in idolatry and fetishism, like those of Central Africa, and that in some respect, notably in that of temperance, it materially improves the morality of such people.” (Sir William Muir, “Mohamet and Islam,” London 1895). 34. “It may be boldly asserted that no people in the world give the impression of being so religious-minded as do Moslems. All of life is saturated with the consciousness of God.” (Charles R. Watson, “What is this Moslem World?” London 1937). SUITABLE FOR ALL MEN 35. “On the whole we find in it (the Qur’an)a collection of wisdom which can be adopted by the most intelligent of men, the greatest of philosophers and the most skilful of politicians.” (Laura Veccia Vaglieri, “Apologie de L’lslamisme”). 36. “It is not the propagation but the permanency of his religion that deserves our wonder, the same pure and perfect impression which he engraved at Makkah and Medina is preserved after the revolutions of twelve centuries by the Indian, the African and the Turkish proselytes of the Koran.” (Edward Gibbon and Simon Ockley, “History of the Saracens Empire,” London 1970). 37. “His creed is equally suited to the despotism of Russia and to the democracy of the United States.” (Joseph J. Nunan, “Islam and European Civilization,” Demerara 1912). A RATIONAL RELIGION  ISLAM 38. “Islam is a religion that is essentially rationalistic in the widest sense of this terms considered etymologically and historically. A creed so precise, so stripped of all theological complexities and consequently so accessible to the ordinary understanding might be winning its way into the consciences of Men.” (T. W. Arnold, “The Preaching of Islam,” London 1913). 39. “As a religion the Mohamedan religion, it must be confessed, is more suited to Africa than is the Christian religion, indeed. I would even say that it is more suited to the world as a whole.” (Lancelot Lawton, “The Sphere,” London 1928). 40. “I hope the time is not far off when I shall be able to unite all the wise and educated men of all the countries and establish a uniform regime based on the principles of the Qur’an

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(159) which alone are true and which alone can lead men to happiness,” (Napoleon Bonaparte in “Bonaparte et L, Islam,” Paris by Cherfils). 41. “The totally erroneous statements made about Islam in the West are sometimes the result of ignorance and sometimes of systematic degeneration...It is disturbing to read blatant untruths in eminently respectable works written by authors a prior are highly qualified.” (Dr. Maurice Bucaillee, “The Bible, The Koran and Science”). 42. “The Koran is remarkably down-to-earth in its discussion of the good life.” (James A. Michener, “Islam: The Misunderstood Religion”). 43. “To the Arab nation it (Islam) was birth from darkness into light, Arabia first became alive by means of it — within one century afterwards Arabia is at Granada on this hand, at Delhi on that; glancing in valour and splendour and the light of genius, Arabia is shine through language over a great section of the world.” (Thomas Carlyle, “On Heroes Hero-Worship and the Heroic in History” London 1888). 44. “Classical Islam, at its highest, was a religion admirably conceived to give courage, dignity, and serenity to man facing a life of adversity, and to give him charity towards his fellowmen.” (Wilfred Cantwell Smith, “Modern Islam in India”). 45. “Islam emerged into the civilized outer world, not as the crude superstition of marauding hordes, but as a moral force that commanded respect and a coherent doctrine that could challenge on their ground the Christianity of East Rome and the Zoroastrianism of Persia.” (Professor H. A. R. Gibb, “Muhammedanism”). 46. “Further, where Islam is in competition with Christian missions run by Europeans, even when the rulers are Christians, it still spreads because it offers more understandable religious, social and economic values than Western Christianity, which only allows its adherents religious but no social equality.” (Spencer Trimingham, “Islam in the Sudan”). 47. “The Qur’an spoke so powerfully and convincingly to the hearts of his hearers as to weld hitherto centrifugal and antagonistic elements into one compact and well-organised body, animated by the ideas far beyond that which had until then ruled the Arabian mind.” (Von Kremer. “Culturgeschichte de Orients”). 48. “The Qur’an condemns cruelty, pride, arrogance, extravagance, calumny, games of chance, the use of intoxicants

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(160) and other vices which debase man and destroy social life. It recommends faith in God and resignation to His will. This meant, as will appear in the sequel, as subversive neither of human activity nor of moral freedom.” (Dr. Weil, “Ges Chichteder Islamis Chen Volker”). 49. “It is one of the glories of Islam that temples are not made with hands and that its ceremonies can be performed anywhere upon God’s earth or under His heaven.” (“Our Indian Musulmans” Hunter). RELIGION OF THE WISEST LAWS 50. “The Muhammedan Law which is binding on all from the crowned head to the meanest subject is a law interwoven with a system of the wisest, the most learned and the most enlightened jurisprudence that ever existed in the world,” (Edmund Burke, “Impeachment of Warren Hastings”). ISLAM — THE GREATEST BENEFICIARY OF MANKIND 51. But apart from all these weighty considerations, the attitude of Europe towards Islam should be one of eternal gratitude, instead of base ingratitude and forgetfulness. Never to this day has Europe acknowledged in an honest and wholehearted manner, the great and everlasting debt she owes to Islamic culture and civilization. Only in a lukewarm and perfunctory way has she recognized that when, during the Dark Ages, her people were sunk in feudalism and ignorance, Moslem civilization under the Arabs reached a high standard of social and scientific splendour, that kept alive the flickering embers of European society from utter decadence. Do not we, who now consider ourselves on the topmost pinnacle ever reached by culture and civilization, recognize that had it not been for the high culture, the civilization and intellectual as well as social splendour of the Arabs, and to the soundness of their school system, Europe would to this day have remained sunk in the darkness of ignorance? Have we forgotten that the Mohammedan maxim was that, “the real learning of a man is of more public importance than any particular religious opinions he may entertain” — that Moslem liberality was in striking contrast with the then intolerant state of Europe? Have we forgotten that the Khalifate arose in the most degenerate period of Rome and Persia, also that the greater part of Europe lay under the dark cloud of barbarism? Does the magnificent valour of the Arabs, inspired as it was by a theism as lofty as it

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(161) was pure, not appeal to us? Does not the moderation and comparative toleration shown by them to the conquered, notwithstanding the fierce and burning ardour to regenerate mankind that impelled them onwards to conquest, also appeal to us? Does it not all the more appeal to us, when we contract this with the bitterness of the attitude of the Christian sects towards one another? Especially when we consider that in Christendom as it was then constituted, extortion, tyranny and imperial centralization, combining with ecclesiastical despotism and persecution, had practically extinguished patriotism, by substituting in its place a schismatic and degenerate church. Is it not obvious that in her outlook of Islam, Europe had overlooked her own Dark Ages that awful period of intellectual oblivion which commenced with the decline of classical learning subsequent to the establishment of the barbarians in Europe in the fifth century, and continued down to the Renaissance, i.e. towards the end of the fourteenth century? Is it too not evident that she has lost all recollection of the torn and disturbed state of Christendom even in the middle of the fifteenth century when the Renaissance was in full swing, or had at least run half its course? How few Europeans there are who know the name of Aeneas Sylvius fewer still who can remember the striking and vivid picture he has drawn of the state of Europe in those days of dawning intelligence! Yet this prelate, afterward Pope Pius II, sums up the then European situation in a curious but concise and explicit document a species of state paper dated 1454. Possessing as he did a personal knowledge of Europe, and being a man of great natural shrewdness and power of observation, Aeneas Sylvius was of all men then living the best qualified to describe the state of affairs at this period. So that his observations are not only significant, but entitled to weight and consideration. Discussing the prospects of the projected crusade, he praises warmly Philip of Burgundy for his readiness in the matter, then gives his reason for concluding that the Diet at Frankfort must be a failure. For there is no real unity in Christendom; neither Pope nor Caesar is duly reverenced or believed in; they are but feigned names or painted effigies each state has its own king: there is a prince to every house. Italy is disturbed, Genoa being at feud with Aragon; nay worse, Venice has actually a treaty with the Turk. In Spain are many kings, all differing in power, government, aims and opinions. There is even war too there about Grenada. France is still looking uneasily

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(162) across the Channel at England, her old foe, and England watches France. The Germans are divided without coherence; there cities quarrel with their princes; their princes fight among themselves. Luxembourg is a cause of dispute between the King of Bohemian and the Duke of Burgundy. Is it possible that Europe is unmindful of; and has the ingratitude to ignore, the splendid services of the scientists and philosophers of Arabia? Are the names of Assamh, Abu Othmas, Alberuni, Albeithar, Abu Ali Ibn Sina (Avicenna), the great physician and philosopher, Ibn Rushd (Averroes) of Cordova, the chief commentator on Aristotle, Ibn Baija (Avempace) besides a host of others, but dead letters? Is the great work that they have done, and the fame they have left behind them in their books, to be consigned to the limbo of oblivion, by an ungrateful because antipathetic Europe? Does the work of Alhazen, author of optical treatises, who understood the weight of air, corrected the Greek misconception or theory of vision, and determined the function of the retina, count for nothing? Do we owe no tribute to a great thinker such as Ghazali, who in speaking of his attempts to detach himself from his youthful opinions says “I said to myself, my aim is simply to know the truth of things, consequently it is indispensable for me to ascertain what is knowledge?” It cannot be that already world, during the earlier part of the “Abbasid” period more irrecoverable loss that we inflicted on Arabian literature and on the world at large by the wanton destruction of thousands of books that was prompted by Christian bigotry and fanaticism? It cannot surely be said of Christian Europe that for centuries now she has done her best to hide her obligation to the Arabs? Yet most assuredly obligations such as these are far too sacred to the much longer hidden! Let Europe Christendom rather confess and acknowledge her fault. Let her proclaim aloud to her own ignorant masses, and to the world at large, the ingratitude she has displayed, and the eternal debt she owes to the Islam she no longer despises. Open confession is good for the soul, and only a confession such as this can wipe off the black stain which has for so long besmirched her fair fame. Let Christendom once and for all recognize that the greatest of all faults if to be conscious of none that acknowledging a fault is saying, only in other words, we are wiser today than we were yesterday. Only through magnanimity such as this can she claim redemption. For she must surely know that “injustice founded on religious rancour and national conceit cannot be perpetrated for ever.” (Major Arthur Glyn Leonard, “Islam Her Moral and

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(163) Spiritual Value” P 142-147). ISLAM  RELIGION OF NON-VIOLENCE 52. “After the death of Christ, there were two distinct and successive versions of his doctrines, to which the name of Christianity was given; the first, introduced by the authority of the Apostles, Paul and John; the second by that of Constantine. This emperor, who, from political motives exclusively, has embraced Christianity, but whole on account of his cruelty, has justly been called a second Nero, presided over the famous Council of Nicea, commonly called Nice, in A.D. 324, in which the doctrine of Christ’s divinity was, for the first time, established. Regarding the ceaseless, bloody and unprofitable religious disputes in which the lives of thousands of Christians were sacrificed and the most unexampled cruelty exercised, by those who ought to have lived like brothers and friends, St. Hilarly, who lived at the time viz, the fourth century was Bishop of Poictiers, and one of the early “Fathers of the Church,” expresses his regret, disapproval and condemnation in these words: ‘It is a thing, equally deplorable and dangerous, that there are as many creeds as opinions among men, as may doctrines as inclinations, and as many sources of blasphemy as there are faults among us; because we make creeds arbitrarily, and explain them as arbitrarily... Every year, nay, every moon, we make new creeds to describe the invisible mysteries. We repent to what we have done, we defend those who repent, we anathematize those whom we defended. We condemn either the doctrine of others in ourselves, or our own in that of others; and reciprocally tearing one another to pieces, we have been the cause of each other’s ruin’. It was at the Council of Nicea that Constantine invested the priesthood with that power whence flowed the most disastrous consequences, as the following summary will show: the massacres and devastations of nine mad crusades of Christians against unoffending Turks, during nearly two hundred years, in which many millions of human being perished; the massacres of the Anabaptists; the massacres of the Lutherans and Papists, from the Rhine to the extremities of the North; the massacres ordered by Henry VIII, and his daughter Mary; the massacres of St. Bartholomew in France; and forty years more of other massacres between the time of Francis I, and the entry of Henry IV, into Paris; the massacres of the Inquisition, which are more execrable still as being judicially committed, to say nothing of the

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(164) innumerable schisms, and twenty years of popes against popes, bishops against bishops, the poisoning, assassinations, the cruel rapines and insolent pretensions of more than dozen popes, who far exceeded a Nero or a Caligula in every species of crime, vice and wickedness; and lastly, to conclude this frightful list, the massacre of twelve million of the inhabitants of the new world, executed Crucifix in hand! It surely must be confessed that so hideous and almost uninterrupted a chain of irreligious wars, for fourteen centuries, never subsisted but among Christians, and that none of the numerous nations stigmatized as heathen, ever spilled a drop of blood on the score of theological arguments. ‘We must’, says M. Jurieu, ‘freely declare the truth. The kings of France planted Christendom in the country of the Frissons and the Saxons, by Mahometan ways, and the like force was made use of to plant it in the North. The same means were employed against the sects of the Waldeneses and the Albigenses who had dared to condemn the Popes, and were also used in the New World. From all which, it plainly appears that we can no longer reproach Mahomet for having propagated his religion by force that is by denying toleration to any other; for he might argue thus, ad hominem, if force be wrong in its own nature, it can never be lawfully made use of; but you have made use of it from the fourth century up to the present time, and yet you pretend you have done nothing in all this, but what is very commendable. You must, therefore, confess that this way or means is not wrong in its own nature; and, consequently, I might lawfully make use of it in the first years of my vocation, for, it would be absurd to pretend that a thing which was very criminal in the first century should become just in the fourth, or that a thing which was just in the fourth century should not be so in the first one. This might be pretended if God had made new laws in the fourth century. The Mahometans, according to the principles of their faith, are required to employ violence to destroy other religions, and yet they tolerate them now, and have done so for many ages. The Christians have no order but to preach and instruct, and yet, time out of mind, they destroy with fire and sword those who are not of their religion.’ Sanctified by the Prophet but among the various precepts and examples of his life, the Caliphs selected the lessons of toleration that might tend to disarm the resistance of the unbelieving. Arabia was the temple and patrimony of the God of

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(165) Mohammed; but he beheld with less jealousy and affection the other nations of the earth. The polytheists and idolaters who were ignorant of his name might be lawfully extirpated, but a wise policy supplied the obligations of justice, and after some acts of intolerant zeal, the Mohammedan conquerors of Hindoostan have spared the pagodas of that devout and populous country. The disciples of Abraham, of Moses and of Jesus were solemnly invited to accept the more perfect revelation of Mohammed; but, if they preferred the payment of a moderate tribute, they were entitled to the freedom of conscience and religious worship. In a field of battle, the forfeit lives of the prisoners were redeemed by the profession of Islamism, the females were bound to embrace the religion of their masters, and a race of sincere proselytes was gradually multiplied by the education of the infant captives. But the millions of African and Asiatic converts who swelled the native bands of the faithful Arabs, must have been allured rather than constrained to declare their belief in one God and the Apostle of God. By the repetition of a sentence and the loss of a foreskin, the subject or the slave, the captive or the criminal, arose, in a moment, the free and equal companion of the victorious Moslem. Every sin was expiated, every engagement was dissolved; the vow of celibacy was superseded by the indulgence of nature, the native spirits who slept in the cloister were awakened by the trumpet of the Saracens, and in the convulsions of the world, every member of a new society ascended to the natural level of his capacity and courage.” John Davenport, An Apology for Muhammad and The Qur’an. After reading observations of eminent scholars, I hope that eyes of our esteemed non-Muslim readers will be opened and they will realise that Islam is truly God’s religion, the promised kingdom of God on earth, and Muhammad (S.A.W.) is the promised Saviour. How loathsome and degenerated are those who write or speak against Islam — they are devils in human form – an ugly scar upon humanity, earning their livelihood by falsehood. We hereunder quote admonition from the Holy Qur’an.

And there may spring from you a nation who invite to goodness, and rejoin right conduct and forbid indecency. Such are they who are redeemed. Al-Imran 3:104

Ye are the best community that hath been raised up for

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mankind. Ye enjoin right conduct and forbid indecency; and ye believe in Allah. And if the People of the Scripture had believed, it had been better for them. Some of them are believers; but most of them are evildoers. Thus We have appointed you a middle (moderate, exemplary) nation, that ye may be witnesses over mankind, and that the Messenger may be a witness over you. Al-Baqarah 2:143 Right faith, right actions, right goal and unity of all faiths, under the banner of Allahâ&#x20AC;&#x2122;s saviour Muhammad (SAW) is what Islam stands for:

Say: O People of the Scripture! Come on agreement between us and you: that we shall worship none but Allah, and that we shall ascribe no partner unto Him, and that none of us shall take others for lords beside Allah. And if they turn away, then say: Bear witness that we are they who have accepted Islam. Al-Imran 3:85

There is no compulsion in religion. The right direction is henceforth distinct from error. And he who rejecteth false deities and believeth in Allah hath grasped a firm handhold which will never break, Allah is Hearer, Knower. Al-Baqarah 2:256 We invite all non-Muslims to shun anti-Islam malicious propaganda; and study Islam and then join the Army of Allah. Apart from Islam, Allah does not accept any religion; read below:

And whoso seeketh as religion other than Islam, it will not be accepted from him, and he will be a loser in the Hereafter. Al-Imran 3:79 This is because Islam forbids image worship i.e. idolatry enjoins a belief in One God and all His Prophets without exception and proscribes a decent life with exalted ideals and high sense of morality.

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Al-Imran 3:110

(167) In Islam, Allah has accomplished His religion which is the culmination and the summation of all religions of the world.

This day have I perfected your religion for you and completed My favour unto you, and have chosen for you as religion AL-ISLAM. Al-Maeedah 5:3 __________

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Chapter 2

SANCTITY OF LIFE All the religions of the world recognize the sanctity of life. Both Judaism and Islam declare killing of one man as though the whole mankind is killed. So human life is sacred and the most respectable. A man is to show respect to other manâ&#x20AC;&#x2122;s life, without pride and arrogance and consider others as his equal. This is also the basis of Islam. It is racial superiority complex, prejudice and lack of moral and religious education which mostly leads to hatred and to kill. Every man has right to live in peace in any place which he likes and no one has right to harass him. And in case he is maltreated, he has equal right to seek justice from the court. For personal safety and for safety of his family, he has the right to build a home to protect himself and his family against thieves and lawless people who may venture to deprive him of his property and life. A man has the right to take measures to safeguard his family against injury, disease and that which affects good living conditions e.g. pollution. A community also has right to take measure to safeguard its security and peace. Islam has given rights since 610 AD, and also United Nations Human Rights Declarations and the constitutions of all the countries of world recognize it. Alas! All over the world, sanctity of life is perhaps the most violated principle. In India and Pakistan, killing due to communal riots in 1947 exceeded many millions. Even afterwards, hundred of thousands have been killed, so in Kashmir and in Bangladesh; cause being religious and racial differences. In Africa, millions were killed when the imperialist countries were strengthening their hold. In Australia, millions of human beings were killed who were called Aborigines. So were killed Africans who were abducted to America as slaves. The rightful owners of America, the Red Indians were massacred in millions to make space for the new occupants. In the World War I and II and during the communist Revolution of Russia, almost 50 million perished. In recent years we noticed the great massacres in Vietnam, Korea, Kampuchea, Afghanistan and Iraq nearing to 6 millions in spite

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(169) of belief of all those who killed that human life is sacred. The main cause was egoistic attitude of politicians in power with their determination to rule over other nations to prove their ‘superior nation’ theory and unsatiable greed for others’ wealth. Even in the time of peace, millions of human beings are killed by criminals each year; this is because of lack of religious education, moral education, and also because men are overpowered by lust for women, greed for wealth, anger and prejudice. The other causes are crime movies, crime literature and easy availability of fire arms. Other factors are broken homes and the frustration of children due to lack of parents’ love. Islam is the only religion who gives respect to other religions especially the people of the Book i.e. the Jews and the Christians and ordains to protect their lives and properties as their own and give equal right in law. Islam even exhort Muslims to fight against those who are under ‘no law’ and are not ready to show mercy to the Muslims, the Jews and the Christians. No man’s life is more sacred than others provided one follows the Law. As all nations and all countries have police and army to safeguard against lawless people, so is Islam’s jehad against those who intend to destroy peace  and this is binding upon all the Muslims.

O ye who believe! Be ye staunch in justice, witnesses for Allah, even though it be against yourselves or (your) parents or (your) kindred, whether (the case be of) a rich man or a poor man, for Allah is nearer unto both (than ye are). So follow not passion lest ye lapse (from truth) and if ye lapse or fall away, then lo! Allah is ever Informed of what ye do. An-Nisaa 4:135

How should ye not fight for the cause of Allah and of the feeble among men and of the women and the children who are crying: Our Lord! Bring us forth from out this town of which the people are oppressors! Oh, give us from Thy presence some protecting friend! Oh, give us from Thy presence some defender! Islam enjoins every Muslim to stand for justice and even fight against tyrant people to protect the life of poor helpless weak people. It is also the duty of the community to work together in harmony to see that their members enjoy peaceful life. Also, local police has the duty to take measures that bandits and dacoits,

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(170) who endanger the lives of peaceful people, are apprehended before they are able to carry out their plans which may lead to a loss of life or lives during dacoity. In 631 AD Prophet Muhammad (SAW) said in his last Sermon: Now O people! Listen to me attentively, I want to tell you everything very clearly, I perceive that may be after this year, you may not meet me again at this place (Makkah). O people! Do you know which month is this? The people replied: This is the sacred month. The Prophet: Verily! Allah has made sacred for you, your blood and your properties till you meet your Lord as is sacred this month for you. O people! Do you know which city is this? The people answered: This is the sacred city (of Makkah). The Prophet: Verily Allah has made sacred for you your blood and your properties till you meet your Lord as is sacred this city of yours. O people! Do you know which day is this? The people answered: This is great day of Hajj. The Prophet: Verily, Allah has made sacred for you, your blood and your properties till you meet your Lord as is sacred this day of yours. The Prophet said: If all the inhabitants of heaven and earth join together to kill a believer, Allah will throw them all into the Hell. All the old religious laws whether the Biblical, the Vedic, the Manusamritis and the Quranic declare that if a man kills another man, he should be killed in exchange. Among the Jews and the pagans of Arabia, it was a practice to demand compensation from the killer or his tribe. Islam also confirmed this Retaliatory Law for unintentional killing.

Hereunder is an excerpt from ‘Cases in Civil Liberties’ for our readers:

The word “security” is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law

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embodied in the First Amendment. The guarding of military and diplomatic secrets at the expense of informed representative government provides no real security for our Republic. The Framers of the First Amendment, fully aware of both the need to defend a new nation and the abuses of the English and colonial governments, sought to give this new society strength and security by providing that freedom of speech, press, religion, and assembly should not be abridged. This thought was eloquently expressed in 1937 by Mr. Chief Justice Hughes  great man and great Chief Justice that he was  when the Court held a man could not be punished for attending a meeting run by Communists. “The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government” [De-Jonge v. Oregon, 1937]. Due to poverty and non-availability of jobs, jobless illiterate young men resort to crimes is shown by the following news item published in Jang newspaper on 17-06-2007. “Lahore: June 16: The Punjab police have busted 1,522 gangs and arrested 6,164 criminals in the last five months, according to a press release. Punjab Inspector General Ahmed Nasim learnt this at a meeting at the central police office. The meeting reviewed the ongoing operation against organised gangs and was informed that crime graph was declining in the province following the legal action against the criminals on large scale.”

One of the greatest killers is factional strifes in a country; particularly in West African countries’ internal political and tribal strifes, fanned by arms smugglers and people with vested interests, results in continuous lawlessness, killing and social disharmony, the result is poverty and hunger as peoples are not safe to do cultivation of crops nor are in a position to develop their water resources for their fields nor can develop other resources to bring revenues to their nation. Internal and external warlords take advantages from disunited communities by selling arms and

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(172) ammunition, smuggling country’s wealth to foreign banks, famine and hunger thus becomes the fate of the nations; one death after five seconds occur due to man-created tragedies. Human life is thus being destroyed mercilessly in many countries of the Third World due to inhuman foreign interventions and manipulation of heartless greedy people. Life is the most sacred and respectworthy gift of Allah but unfortunately human beings themselves are the greatest enemy of this gift, though all the religions as well as non-religious ideologies value it very much. Both the Bible and the Holy Quran say: If one innocent man is killed, it is as if whole humanity is killed, if one life is saved, it is as if, whole humanity is saved. But in 20th century, communist revolution in USSR, then 1st and the 2nd World Wars, large scale massacre at the time of division of India and Pakistan in 1947, the Jewish Holocaust by Germany’s Nazis, killing of the Palestinians by new Israeli state, killing during Iran-Iraq war, then in Gulf war against Iraq, invasion of Afghanistan by USSR and then invasion by USA on Iraq, Afghanistan, deaths during wars of independence in African countries especially in Algiers who got independence from France, all these deaths approach a starting figure of about 70 million. In fact, man’s greatest enemy is man himself. Foremost responsibility falls upon the West’s rich countries who are welleducated and self-styled leaders of human rights. Rich and educated ones are the greatest violators of human rights. It is sickening to learn millions of children dying every year due to hunger and diseases in the poor countries especially in African countries; some man-created sanctions, by UNO in Iraq, resulted in death of more than one million children. Many Muslim media writers accuse the West for such attrocities due to their inherited hatred for the Muslim community, and also to please Israel and the Zionists, though the Muslims never killed the Jews but always the Christians did. But thanks to anti-Muslim propaganda, the Muslims are the target of the Jews and the Christians. In Pakistan, almost 300 people and in India thousands commit suicide annually due to poverty and family problems. Many suicides are such where a father or a mother kills ownself along with children, as he or she is unable to bear the hunger of children or similar reasons. This is true in almost all the poor countries where hunger and lack of basic amenities of life compel people to resort to social crimes, even leading to prostitution and

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(173) other moral crimes. The main cause of hunger and poverty is unequal distribution of wealth, insensitivity of wealthy section of the country and above all, manipulation of rich countries who take all sorts of measures to keep poor countries poor and themselves wealthy by hook or by crook. They compel them to sell raw materials at low cost so as to enable the developed countries to manufacture value-added products to be resold to those from where cheap raw material and cheap labour is sought. Health, Life Expectancy Life is quite good in the First World countries; peoples of the Second World are comparatively satisfactorily placed, but in the Third World countries, the life is not good at all. Apart from hunger, health services are insufficient and poor. In Pakistan and India there is only one doctor and one hospital for thousand people. Mortality rate of children under five is about 90 per thousand. Chad, Ethiopia and Bangladesh have about 180 per thousand. But in USA, Sweden, Norway mortality rate of children under five is only around 5 while there are 3 doctors for thousand persons. Health expenditure per capita among poor countries is 15 to 30 dollars while rich countries spend 3000 to 6000 dollars. The disparity between rich and poor countries is evident. Poverty is a main cause for poor lifestyle and poor health behaviour among the Third World countries; local corruption and manipulation and insatiable greed of foreign hands is also a great contributor. Due to poverty, many people use services of quakes and unqualified doctors. The rich nations have no notion to share and sacrifice their wealth with ‘have-nots’. Islam is the only religion which exhorts its believers to remove disparity; the wealth shall not rotate among your wealthy ones only, the Holy Qur’an reiterates. Poors have a fixed share in the wealth of the wealthy ones; wealthy people ought to take care of the needy ones. It is an Islamic government’s duty to take measures to help the needy ones and give them a respectable standard of living. In the Third World countries, one of the great reason for fatal diseases, low life-expectancy and weak health is nonavailability of clean drinking water and pollution. Drinking water becomes unhealthy for use due to industrial wastes, human wastes which are put into rivers and canals. Use of such water for drinking without treatment and for cultivation creates health hazards; fish in rivers also get killed. In poor countries where drinking water is scarce, there are ponds from which both human,

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(174) cattle and other animals drink. Generally, environmental condition in rich countries is much better due to scientific treatment and use of health care precautions which are adopted little in poor countries due to illiteracy, bad governance and lack of funds. Life expectancy in USA, UK, France, Germany, Canada, Denmark, Japan and many other rich countries is 75 to 85 years while in Bangladesh, Pakistan, India, Chad, Italy, Mali, Niger, South Africa, Ethiopia and other poor countries, life expectancy ranges from 40 to 65 years; poverty, illiteracy and bad governance in the poor countries are the causes for low life expectancy. In poor Muslim countries, where a small section of Muslims spend their lives according to religious instructions, they wash their body parts five times a day for prayer, such people enjoy better health, have excellent peace of mind and live a healthy and longer lives than those who are not practicing Muslims; they may have life expectancy from 75 to 90 years. This is because they wash their eyes, teeth and face five times a day, so they do not have teeth problem nor eye diseases nor skin diseases. Also prayers make their joints as well as spines very healthy. Undoubtedly Islamic prayers are the greatest gift of Allah which also heals mental illnesses, depression, and also it impart unimaginable peace of mind and serenity. This is free gift of Allah for healthy mind and body. Also Prophet (S.A.W.) asked his followers to play such games which made them health like running, wrestling, horse and camel races, arrow-shooting etc. Quality of life and life expectancy is greatly affected by habits too; many bad habits cause ailments which lead to bad health and even death. For example, use of tobacco as in cigarettes, use of liquors and drugs affect both body health and mental health. In USA over-eating has caused overweight population; many diseases originate due to this; heart diseases and sugar are the most common. In USSR, drinking is a major killer and also responsible for the most social problems like crimes, divorces etc. In poor countries use of food with low calories and vitamins causes poor health, low weight, blood anemia; making people susceptible to all sorts of diseases.

It is a high time that the think-tanks of the West sit with the think-tanks of the poor countries of the East to work together for the good of the large section of deprived mankind in such

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(175) poverty. A richer and healthier third world is much better option for the rich countries as they will be good buyers and consumers of the goods imported from the rich countries; this will serve a common cause of both civilizations i.e. poor peoples’ civilization and rich peoples’ civilization; this involves change of hearts and forsaking a policy of apprehension and hatred. Rich countries must cultivate a policy of economic justice and self-sacrifice; only charitable donations are not enough  this is the demand of religion of Islam, religion of Allah or much propagated Christians’ gospel of ‘Kingdom of God’. Hereunder are some excerpts for our readers to show how hunger malnutrition, smoking, drinking, non-availability of health services, and polluted water affects human life.

UN Secretary-General Kofi Annan has defined it as, “Human Security in its broadest sense embraces far more than the absence of violent conflict. It encompasses human rights, good governance, access to education and health-care and ensuring that each individual has opportunities and choices to fulfil his or her own potential. Every step in this direction is also a step towards reducing poverty, achieving economic growth and preventing conflict.” Hereunder is a news clipping: 1. PESHAWAR, Dec 3: More than 30,000 mothers and 200,000 newborn children are dying in the country annually due to lack of awareness, health facilities and political will. Gynaecologists and paediatricians at a city hospital told this correspondent that there was an urgent need to control preventable ailments among women and newborn babies. They said that about 1000 women of 10,000 died of delivery-related complications in the 2005 year and such deaths were preventable. “The situation concerning mother and neonatal health in rural areas is very poor. On average, a woman dies of pregnancy-related complications in the country after every 20 minutes and such deaths are avoidable,” said a gynaecologist. He said that only 18 per cent of the deliveries were performed by trained birth attendants (TBAs) in the country and the rest of 82 per cent were carried out by traditional and unskilled Dias.

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(176) 2. Some facts from the West may serve to enlighten the above-mentioned supporters of drinking. The wellknown American psychologist Daniel Goleman had noted in one of his books that alcohol-related accidents are the leading cause of death of American youths aged 15-24. Also, that in 90 per cent of all the incidents of rape occurring on college campuses in the US, either the perpertrator or the victim or both had been drinking. In Britain, a politician had recently lamented: “We are living in a country where drug abuse has been allowed to eat away like a cancer at the heart of our society.” According to a recent Unicef report, Britain and the US are the worst places for children to live in, out of the 21 wealthiest nations surveyed by it (Dawn, Feb. 15). It further revealed that Britain’s youngsters had the worst relationships with their family and peers, suffered more from poverty and indulged in more ‘binge drinking’ and hazardous sex than children in other wealthy nations.

3. VANCOUVER, Canada: While economics, demographics and finance are critical to cities, water pipes and toilets became a dominant topic at the World Urban Forum in Vancouver Canada. Bad water causes a third of the world’s human disease, stalls economic development, wreaks havoc on the environment and causes local and regional conflicts, experts said. Slum dwellers suffer most directly, said experts at several events, but everyone and every place in the world is affected by waterborne pollution and infection. Water shortages even deter investment and fuel illegal migration. “The cost is not just to the urban poor, those feeling the pinch, but everybody else who pays for it,” said Boniface Gondwe, facilitator of one conference panel. A recent UN report said urban residents will make up 60 percent of the world’s population by 2020, and 38 percent of urban growth is in slums lacking water and sanitation. But accurate information about water is lacking, said analyst Eduardo Moreno, chief of the Global Urban Obsevatory for UN-HABITAT. He reports that 95 percent of cities provide water.

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(177) “This official data is misleading,” he said, suggesting that treated water is available to only 37 percent of Africans, 71 percent of Latin Americans, and 70 percent of Asians. In a study published by British Medical Journal (Friday 12_5_2006) 80 million Americans run risk of premature death due to obesity and smoking; majority belonged to poor African-Americans. James Morris who has been heading the Rome-based World Food programme for five years to help the hungry says 18,000 children died everyday in the world because of hunger and malnutrition. Today, he says over 850 million people are hungry and malnourished and a 100 million of them are in China and 40 million in India.

DAKAR (22-05-2006): From Moscow to Monrovia, from New Zealand to New York, people turned out in hundreds of thousands to march in support of the global fight against hunger, that silent killer which claims a child every 5 seconds. As Pope Benedict appealed from Vatican City for “concrete and swift action” to stop world hunger, walkers in more than 100 countries across 24 time zones took part in the worldwide initiative organized by the United Nations World Food Programme. In West Africa, one of the world’s worst hunger zones, tens of thousands of school-children wearing white Tshirts bearing the slogan “Fight Hunger-Walk the World” joined anti-hunger marches in several capitals. “Every five seconds there is a child dying of hunger in the world, which has the resources to stop it,” WFP representative in Senegal Omar Bula Escobar told Reuters as the march there streamed out of the capital Dakar’s Independence Square. “We need people out on the streets to shout out that this is unacceptable, that hunger must go,” Escobar added. Similar marches were also held in Kenya, Uganda, Ghana and other countries of the world’s poorest continent. Elsewhere, anti-hungers marchers turned out in Auckland, Bangkok, Moscow and most other capitals and were also due to walk in cities across the Americas. In Liberia President Ellen JohnsonSirleaf, Africa’s first elected female head of state, led a

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(178) march of thousands of people, mostly school-children, through the capital Monrovia. “I’m very happy to be part of this walk. Finding food is very difficult for us in Liberia,” said 17-year-old student Teddy Woods. “Hunger is not good. Each time I think of hunger, I think of peace immediately because if there is peace, there will be no war and no hunger,” he said. Onceprosperous Liberia is struggling to recover from a brutal civil war ended in 2003. Humanitarian agencies say wealthy governments are not putting up sufficient money to fight hunger, which affects millions across the planet and kills more people than AIDS, tuberculosis and malaria put together. Every day, 24,000 people die from hunger, 18,000 of them children, according to the WFP. The United Nations said it had received under a fifth of the $92 million it needs to help save some 300,000 children threatened with starvation in Africa’s parched Sahel belt incorporating Niger, Mali, Burkina Faso and Mauritania. International charity Oxfam chided one United States, several European countries and Japan for not doing enough to help fight a humanitarian crisis in Democratic Republic of Congo, where more than 1,000 people die daily from violence, hunger and disease.

Hereunder is an excerpt from Dr. M. S. Jillani, former federal secretary of Pakistan, who has enumerated main reasons for backwardness in the poor countries, he writes: 1. The key word for ills of the South Asian region is deprivation. It creates tensions and resentment, leading to anger, despondency and indifference toward society. 2. Lack of freedom to avail the opportunities, and the fear of rulers and apprehensions about the future. 3. Low incomes and their skewed distribution, perpetuating a cycle of poverty, 4. Poverty with its persistence and tendency to grow creates a plethora of ills and makes people insecure. Religious doctrines and the ruling classes promote poverty for their own interest; 5. Uncertainties about employment, absence of safety nets and severe discrimination due to biases of class, ethnicity and rampant corruption create

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(179) serious insecurities; 6. Lack of access to social services like education, healthcare, nutrition, drinking water, housing, cheap transport, and uncertainty about subsistent standards of living spawn major insecurities in life; 7. The plethora of social, cultural and religious intolerances make South Asian societies difficult to live in lack of justice, gender bias, ethnic, religious and historical discrimination; irresponsibility towards society; selfishness, avarice and greed are major obstacles in achieving human security and development in this region. 8. Illiteracy, lack of democratic culture and the legacy of feudal and despotic traditions lead to indifference towards security of the individual and the universal human values; 9. Lack of vision of the future and absence of the culture of living within oneâ&#x20AC;&#x2122;s means and conflict between past values and norms of industrial countries have led to turbulence, creating insecurities. WORLD FOOD PROGRAMME United Nationsâ&#x20AC;&#x2122; frontline agency World Food Programme, W.F.P., is an important organization which fights hunger in the world. In 2008, it provided food to 102 million people residing in 78 countries of the world where drought local wars and violence resulted in extreme food shortage. Food and Agricultural Organization, FAO is an extremely important organization which works to prevent, mitigate, prepare for and respond to emergencies. This important organization focuses on: 1. Strengthening capacity for disaster preparedness and ability to mitigate impact of emergencies affecting food security and productivity of rural population. 2. Forecasting and providing early warning of adverse conditions in the food and agricultural sector; and of impending food security emergencies. 3. Addressing needs devising programmes which help transition from relief to reconstruction and development; and build on national and household resilience rather than external inputs.

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(180) 4. Improving analysis of underlying causes of crisis, emphasizing collection and use of information to design evidencebased food security policies. 5. Strengthening local capacities to cope with risks through agricultural practices, technologies and support services, to reduce vulnerabilities and increase resilience. ________

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(181) WORLD HEALTH ORGANIZATION (WHO) It is a specialized agency of United Nations that acts as a coordinating authority in international public health. Some of the work done by WHO is visible and familiar: the response teams sent to contain outbreaks, the emergency assistance to people affected by disasters, or the mass immunization campaigns that protect the world’s children from killer diseases. Other work is visible because the diseases being addressed HIV/AIDS, tuberculosis, and malaria  have such a high profile for global health. The work of WHO is also visible in statistics, as we chart changing trends and sound the alarm when needed. As one example, we need to be concerned about the sharp rise of chronic diseases. Long thought to be the companions of affluent societies, diseases such as heart disease, cancer, and diabetes are now occurring in larger numbers and at an earlier age throughout the developing world. Some activities undertaken by WHO are largely invisible, quietly protecting the health of every person on this planet, every day. By assigning a single international name to drugs, WHO helps ensure that a prescription filled abroad is what the doctor ordered back home. Our standards help protect the safety of everyone’s food and the quality of medicines and vaccines. When pollution in air or water reaches a dangerous level, it is WHO standards that are used as the measure. Our greatest concern must always rest with disadvantaged and vulnerable groups. These groups are often hidden living in remote rural areas or shantytowns and having little political voice. WHO works to make these people - and their unmet health needs  more visible and thus worthy of our priority concern. In addressing the needs of these populations, we work together with governments and a host of agencies, foundations, non-governmental organizations, and representatives of the private sector and civil society. One statistic from these vulnerable groups stands out as especially tragic; more than 500,000 women die each year from complications of pregnancy. To reverse this trend, WHO and its partners must address complex problems that have their roots in social and economic conditions and the failure of health services

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(182) to reach the poor. These same problems account for many other needless deaths. All of our efforts  and their prospects for success  are greatly aided by today’s unprecedented interest in health as a route to development, accompanied by equally unprecedented energy, initiatives, and funds. This brochure provides some highlights from our broad range of activities  both high-profile and behind-the-scenes  that are working to improve world health. The World Health Organization (WHO) is the directing and coordinating authority on international health within the United Nations’ system. WHO experts produce health guidelines and standards, and help countries to address public health issues. WHO also supports and promotes health research. Through WHO, governments can jointly tackle global health problems and improve people’s well-being 193 countries and two associate members are WHO’s membership. They meet every year at the World Health Assembly in Geneva to set policy for the Organization, approve the Organization’s budget, and every five years, to appoint the Director-General. Their work is supported by the 34-member Executive Board, which is elected by the Health Assembly. Six regional committees focus on health matters of a regional nature. Last but not least, WHO is people. Over 8000 public health experts including doctors, epidemiologists, scientists, managers, administrators and other professionals from all over the world work for WHO in 147 country offices, six regional offices and at the headquarters in Geneva, Switzerland. Delegates from 53 of WHO’s 55 original member states came to the first World Health Assembly in June 1948. They decided that WHO’s top priorities would be malaria, women’s and children’s health, tuberculosis, venereal disease, nutrition and environmental sanitation - many of which we are still working on today. WHO’s work has since grown to also cover health problems that were not even known in 1948, including relatively new diseases such as HIV/AIDS. In 1952 Dr. Jonas Salk (US) develops the first successful polio vaccine. One of the first diseases to claim WHO’s attention was yaws, a crippling and disfiguring disease that afflicted some 50 million people in 1950. The global yaws control programme, fully operational between 1952-1964, used long-acting penicillin to

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(183) treat yaws with one single injection. By 1965, the control programme had examined 300 million people in 46 countries and reduced global disease prevalence by more than 95%. WHO worked for 30 years to eliminate on chocerciasis  or river blindness  from West Africa. 600 000 cases of blindness have been prevented and 18million children spared from the disease. The eradication of smallpox – a disease which had maimed and killed millions  in the late 1900s is one of WHO s proudest achievements. The campaign to eradicate deadly disease throughout the world was coordinated by WHO between 1967 and 1979 It was the first and so far the only time that a major infectious disease has been eradicated. Since its launch in 1988, the Global Polio Eradication Initiative has reduced the number of cases of polio by more than 99%  from more than 350 000 per year to 1956 in 2006. Spearheaded by national governments, WHO, Rotary International, the US Centers for Disease Control and Prevention and UNICES it has immunized more than two billion children thanks to the mobilization of more than 20 million volunteers and health workers. As a result, five million children are today walking, who would otherwise have been paralysed, and more than 1.5 million childhood deaths have been averted. In 2005, the IHR were expanded to cover new diseases such as SARS, and new strains of influenza, along with established diseases soon polio. Coming into force June 2007, the revised IHR ask countries to build up their capacity to prevent, protect against and control disease outbreaks. Changes in diet, physical activity, and tobacco use in both rich and poor countries have dramatically increased the risks of chronic diseases such as heart disease, stroke, cancer and diabetes. More than half of all deaths worldwide each year  about 35 million out of 58 million  are caused by chronic disease. WHO’S Global strategy on diet, physical activity and health is meant to help fight heart disease, stroke, diabetes, cancer and obesity-related conditions. The strategy encourages people to be more physically active and eat healthier diets. Tobacco use kills about five million people every year. A growing number of countries are giving people a better chance at a healthy life by signing up to the WHO Framework Convention  on Tobacco Control - the first ever global health treaty negotiated by WHO. The treaty is now in force, and sets international

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(184) standards on tobacco control measures such as tobacco prices and tax increases, advertising and sponsorship, product warning labels, smuggling and second-hand smoke. The good news is that people can largely prevent and control chronic disease by reducing three risks  tobacco use, unhealthy diets and lack of physical activity. As the global TB epidemic causes nearly nine million cases of disease and kills about two million people each year. Malaria kills more than one million people a year most of them children under five in Africa. In fact, on average a child in Africa dies every 30 seconds from a malaria infection caused by the bite of a mosquito. WHO urges four main strategies to tackle malaria:  prevention, through protection against mosquito bites;  rapid treatment with effective anti-malarial medicines;  a special effort to protected pregnant women and young children;  pre-empting epidemics by detecting them and acting swiftly to stop them. WHO’s target and that of the Roll Back Malaria Partnership, is to cut malaria by half by 2010 with the goal of reaching the MDG target by 2015. CLOSE TO 11 MILLION CHILDREN UNDER-FIVE DIE EVERY YEAR Almost 90% of all child deaths are attributable to just six conditions: diarrhea, HIV/AIDS, malaria, measles, neonatal causes and pneumonia. Malnutrition increases the risk of dying over half of all child deaths occur in children who are underweight. Some countries have made progress, but in 14 countries, 10 of them in Africa, more young children are dying now than in 1990. MORE THAN HALF A MILLION WOMEN DIE EACH YEAR IN PREGNANCY AND CHILDBIRTH Most of them die because there is not enough skilled regular and emergency care. More and more women have access to skilled birth care in some parts of the world, such as SouthEast Asia and North Africa. However, in sub-Saharan Africa, 1 in 16 women have the risk of dying during pregnancy or childbirth over a lifetime, compared with about 1 in 2800 women in the rich world.

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(185) This year, five million people will be newly infected with HIV and more than three million people will die of HIV/AIDSrelated illnesses. Today, just one in five people at risk of HIV has access to the information and tools they need to prevent it, and millions are in urgent need of antiretroviral medicines. WHO is working with countries:  To prevent people becoming infected with HIVhelping them change their behaviours to reduce HIV risks and making prevention commodities, such as condoms and sterile injecting equipment, widely available.  To expand the availability of treatment. WHO advises on the most effective HIV/AIDS treatments. The WHO AIDS Medicines and Diagnostic Service helps countries procure and deliver; affordable, quality health supplies.  To provide the best care for people living with HIV/ AIDS and their families. WHO promotes greater involvement of communities and primary health care services in care delivery. The total WHO budget planned for 2006-2007 is roughly US$ 3.3 billion. Of this amount, just over one quarter comes from regular “dues” from WHO’s Member States, while more than 70% is money that countries, agencies and other partners give to WHO voluntarily. __________

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PART III  Rights to Home  Women’s Rights  Discrimination against Women  Convention on Elimination of Discrimination against Women  U.N. Violence against Women  Children’s Rights  Convention on Children’s Rights  Islam and Children

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Chapter 1

RIGHT OF HOME Every man has an inherent right to have a home where he can sleep, along with his family and children; a home which provides security for life and wealth; and provides shelter against different adverse weather conditions. Those people who do not possess a home have an earnest desire to have one, as a lifelong wish. Alongwith a home, one needs basic amenities too which are usually available in cities and towns but are not available in rural areas. The most important facilities which one desires are availability of clean water, electricity, roads, sewerage system, educational institutions, hospitals and health centres; job facilities, police security system, transport and communication system etc. In big cities and towns, most of the basic facilities are not always available. In poor countries, rural areas lack many of basic needs and are like slums. Thus it is a challenge for mankind to remove this disparity which is a great colossal job too. Every nation aspires to have a homeland where they can live independently while maintaining their culture, religion and social system etc. In 1947, the Muslims migrated from India and established new state of Pakistan, which in turn divided itself into Bangladesh and Pakistan. The Jews established an independent Israeli state to provide security to Jewish Diaspora in Europe where they were subjected to harsh treatment and even suffered holocaust. While establishing their homeland, the Jews displaced millions of Palestinians from their homes too. In the world, many nations are still fighting to establish their independent homeland, for example Tamils in Sri Lanka and Kashmiris in Kashmir. Hundred of thousand people have been killed in Kashmir only and tens of thousands in Sri Lanka who fought for a free homeland. How aspirators of a free homeland are butchered by powerful occupiers, here are some recent news cuttings: SARAJEVO: Bosnian forensic scientists have exhumed more than 700 skeletons from the largest known mass grave of victims of the Srebrenica massacre. Some 89 complete and 644 dismembered skeletons were recovered from the grave, located in Kamenica village near Zvornik in eastern Bosnia, Muhamed Mustafic, a prosecutor from the eastern town of Tuzla, told AFP

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(188) “Among the victims, believed to be killed in Srebrenica, we found a number of skeletons of women and children aged under 14, but their exact number will be revealed after the exhumation is completed. “One-third of the grave has yet to be unearthed and we believe that we will find around 1,000 complete and incomplete bodies,” said Mustafic, stressing it was the largest, mass grave discovered in Bosnia so far. Serb forces overran the UN-protected Muslim enclave of Srebrenica at the end of Bosnia’s three-and-a-half year war on July 11, 1995, summarily killing some 8,000 Muslim men and boys in a few days. The exhumation of the Kainenica mass grave began last month. It is one of eight so-called secondary mass graves found in Kamenica, where Bosnian Serbs brought bodies from other sites in order to cover up the crime. “This is a secondary grave containing remains from at least two primary graves, and that is why the skeletons were dismembered,” said Mustafic. The seven previously exhumed sites contained some 1,000 bodies from the Srebrenica massacre. Thousands of victims have been exhumed from about 60 mass graves around Srebrenica, while more than 2,500 have been identified by DNA analysis. The slaughter, the worst atrocity in Europe since World War II, has led to genocide charges brought by the UN war crimes court against several suspects including Bosnian Serb wartime leader Radovan Karadzic and his military chief Ratko Miadic. More than 11 years since the massacre, the two still remain at large. The expert teams continue to unearth the truth about the brutality of the Bosnian war that claimed up to 200,000 lives, while half of the country’s population of four million was displaced. Crni Vrh, near northeastern town of Zvornik, was previously known as the largest mass grave discovered in Bosnia after experts found 629 of complete and uncomplete skeletons, said Mustafic. The Crni Vrh grave, discovered in 2003, contained bodies of Srebrenica massacre victims and victims from the Zvornik area. Former Yugoslav president Slobodan Milosevic died in March this year while on trial before the UN war crimes tribunal on charges that included that of genocide for the Srebrenica massacre. Many Bosnian Serbs still refuse to accept the truth about what happened in Srebrenica, and some of them still consider Karadzic and Mladic to be Serb heroes

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(189) rather than war crimes suspects.— AFP (28-07-2006)

Every man and woman aspires for a home which can be labelled as ‘a sweet home’; alas! very few can achieve it. A sweet home can be established by couples who are intelligent, considerate, tolerant and have unconditional respect for each other. A husband is supposed to fulfil all rightful needs of his wife, should be faithful to her and nice towards the children. A wife is supposed to respect her husband, should control her anger and be content. She should not put demands to her husband which are not in his power to fulfil. She should be absolutely faithful and sincere towards her husband and should not disobey him. In an average home, poor earning capacity, presence of inlaws and family politics, poor living conditions, all such factors contribute to destruction of home life, foremost of all is loss of temper. All the more, immoral behaviour in a married life is never forgiven. Mutual trust of a couple is a basis for a sweet home, and covers many faults. Hereunder is a news which depicts how some European people are becoming wary of marriage system.

1. Paris: Marriage is on the wane all over Europe, as couples prefer “new conjugal practices” such as living together, according to a French study published Thursday. But although Europeans overall are marrying less, people in some countries are marrying a lot less than in others, as national differences across the continent remain marked, the study by France’s National Institute of Demographic Studies (INED) found. The survey of 20 European countries found three main reasons for the trend: People tend to form stable, long-term relationships later in life; they are more inclined to move in together without getting married; and they are less bothered about cementing their union in marriage later on. — AFP 2. Jakarta: Asian nations have been passing tougher laws to protect women from violence at home, but ingrained cultural taboos and limited resources still leave them vulnerable, activists say. From Afghanistan to Vietnam, activists believe the abuse of women remains unchecked. But much of it is hidden behind closed doors, making it impossible to gather precise figures. “It’s epidemic,” said Paul Greening, programme officer for the United Nations Population Fund (UNFPA) in Afghanistan, referring to the situation there. “It is not talked about, not seen, it is accepted,” he said,

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(190) noting that this kind of violence is typical in postconflict situations but has been made worse in Afghanistan by the culture. “Here it is officially a crime, but it is considered a family issue, as it was in the West not too long ago,” he said. “They never talk about it. Afghan women often don’t leave the house. Who would they talk to about it?” In India over 7,000 deaths in 2004 were blamed on dowry demands even though the practice was formally banned in 1961. Activists say even though the law is due to be tightened, Indian women still feel under pressure. “There are a lot of social and society pressures stopping women from complaining. They think getting slapped or being beaten is part of life and they accept it,” said Tenzing Choesang, a member of the Lawyers’ Collective which advises on human rights issues. In Indonesia, the world’s most populous Muslim nation, authorities only started to recognise violence against women as a rights issue after the 1997 Asian financial crisis, said Martha Santoso Ismail, from the UNFPA in Jakarta. A law on violence in the home was passed in October 2004 but “it’s a new law, people are still very ignorant and denial is key,” she said. And Indonesian women too are not comfortable seeking help. “Basically the root cause is cultural, because the woman doesn’t know her rights. There is a lot of education that we need to provide to both sides  men and women,” Ismail said, in Muslim-majority Bangladesh, violence against women has emerged as a big social issue, said Sultana Kamal, the president of the Law and Justice Centre. “But at the individual level the awareness is not there, which results in increasing violence against women,” she said, adding that enforcement of laws to protect women was lacking, particularly for crimes related to dowries. In Malaysia, Ivy Josiah, executive director of the Women’s Aid Organisation (WAO), said laws were in place to protect women but they were not sufficient. “Because the laws are already in place, the tendency is to think that all is well, but that is not the case,” she said. “Conviction of rape, for example, is seldom seen.” Even in Japan, the second largest economy in the world, resources were insufficient to meet rising demand from women for services. Yaeko Horikoshi, an administrator at the Tokyo Women’s Plaza, a

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(191) counselling center in the Japanese capital, said her center alone received around 5,000 domestic violence consultation cases per year. “Japan enacted a law to tackle domestic violence in 2002 and since then a rapidly growing number of such cases has surfaced,” Horikoshi said. “The number, however, plateaued in the last few years, probably because we’ve reached the maximum counseling capacity that centers can provide.” In communist Vietnam, women suffered, particularly in rural areas, largely because of their traditional lowly status, said sociologist Nguyen Van Anh. Consequently, authorities have difficulties discovering cases of abuse. “Women who dare to come to us for advice are very brave,” Anh said. “Many others hesitate to talk about it, as they think it’s merely a family matter.” In neighbouring Cambodia, a domestic violence law was passed in September last year. It was an important achievement in Cambodia, which is recovering after nearly three decades of conflict, but Thun Saray, chairman of the Cambodia’s Human Rights Action Committee, said people still needed to be educated. “Violence in home is not the internal affair of an individual; it’s a societal affair,” he said, echoing the belief of many Asian activists.—AFP Poverty  A Killer: One of the greatest destroyer of a home is poverty; poverty like ignorance is perhaps a root cause of the most evils in life. A person who can’t own a house, and is unable to provide minimum needs of his family, do not have enough money for education and health of his dependents is always a frustrated man who does not enjoy respect from his own family, not to mention of the society. In poor countries, the most of divorces occur due to some social causes, foremost of them originate from poverty. A poor man is deemed to be a social failure, his desires and honour are at the mercy of socially powerful ones. This poverty leads to behaviour lapses, crimes, immorality and even suicides. Even in rich countries, poor section of masses have greater divorce and crime rates; and have shattered home lives. Poor women all over the world are maltreated, even beaten up for no serious faults; caused by poverty and improper education. Rich women are beaten up by their husbands or partners due to their unfaithfulness, sharp tongues and misbehaviour;

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(192) drunkenness of husbands or partners is a great cause especially in the West. Overpopulation: Though it is a human right to possess a home, such a dream is thwarted by overpopulation factor. World’s population was about 3 billions in 1960 which is above 6 billions in 2010. In rich advanced countries, the increase in population was about 30 to 60% while in the third world, increase in population was 100 to 160%. Whereas rich countries had resources to provide housing to its increased inhabitants, poor countries were far behind in their task to provide accommodations to their people as they lacked resources to meet the challenge of population growth. Not only that poor countries fail in providing housing facilities to their population, but also educational and health facilities are becoming lesser and poorer. Poor countries find task of providing homes to their inhabitants as impossible; it will need decades to give residential facilities while in the same period, another one billion or two will be born to ask for their rights to live in homes. Hereunder is an article from ‘The News’ published on World Children’s Day which throws a good light upon the plight of unprivileged children all over the third world countries, especially in Pakistan, India and Bangladesh. Hereunder is an article by Zulqernain Tahir on World Children’s Day. Lahore, November 19, 2006 “A world fit for children” is a document the United Nations prepared in 2000 for protecting the childhood of the children of the 21st century. The same world, however, remains as unfit a place as ever for the 12-year-old Waqas, and millions of other Pakistani children who are forced into work by their unscrupulous or impoverished elders. The World Children’s Day is being observed today with a lot more stress laid on taking steps for children’s protection and welfare by governments around the globe, but few will actually keep the vows taken today. Fewer still in the developing countries will have their children living a better life a year from now. Those stuck in a war zone, in Iraq, Palestine, Afghanistan, Darfur. etc., or those facing another harsh winter in the earthquake-hit region closer home, or indeed those famished in places like North Korea and Africa, will fare even worse. Ironically, many a tormentor of such children, especially those waging war on them from the western

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(193) hemisphere, will keep mum about them as they seek to better the lot of their own children back home. The story of Waqas is no different than those of more than nine million children of Pakistan who are forced to work for whatever reason. A native of Jaranwala, Waqas left home at the age of nine when his stepfather thrashed him for failing to contribute to the family’s income whatever little he was expected to. Soon after the death of his father, his mother had contracted a second marriage which left him and his six brothers and three sisters at the mercy of a stepfather. “Like my two elder brothers, I had to quit the house after facing harsh treatment by our stepfather who wanted three of us to work, round-the-clock, if we had to, and hand over all of our hard-earned money to him,” Waqas recalls his ‘difficult’ time. “Whom do I blame for quitting my home? My mother, for her decision to remarry, or the greedy stepfather’s attitude? I really do not know. It was my destiny, perhaps.” Waqas came to Lahore, where most of the runaway children from surrounding towns seek refuge, hoping he would have no problem of boarding and lodging as the city is home to the shrine of Data Sahib; and where footpaths serve as free beds for the poor. Like many other runaway children, Waqas also found Bhati Gate (Data Darbar) a safe heaven for himself. He made friends with Nasir, Khalid and Usman who got him a job in a tea stall at the Lorry Adda. In his early days, in 2003, he earned Rs. 50 a day, of which he spent Rs. 10 each on breakfast and lunch and saved the rest. His savings, however, no longer remained safe from his friends who asked him to join them in glue-sniffing, which is known to give you a high, but which soon becomes an addiction. He says he initially resisted the temptation but eventually gave in to the pressure of his friends. “Have you ever experienced it?” he questioned me, but was disappointed to hear a straight ‘no’. “You’ll never know how it helps calm your nerves,” he confided. His major chunk of income went to the addiction. He also revealed that one of his friends and a man of Ali Park, in Heera Mandi, where they converged for sniffing glue, sexually abused him. “They threatened me that they would hand me over to the police if I told anyone about it. Then, a couple of months ago when I was busy with my friends inhaling the substance, a police team caught us and brought us to this place,” he

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(194) said, meaning the Child Protection and Welfare Bureau on Montgomery Road. Many other children roaming the street may never be this lucky. Waqas does not want to go home. He is interested in learning some technical work at the vocational centre set up by the bureau to help him earn a respectable livelihood as he steps into adulthood. Be it a runaway child or one who is forced to work by his elders, serial workers say most are at some point exposed to sexual abuse and exploitation. Most runaway children are also entrapped by one or another kind of addiction. Statistics show that most end up as beggars because of lack of guidance. The CPWB, an effort by the Punjab government to rescue such children, offers a step-by-step plan to deal with the problems of runaway children. Since its inception in early 2005 in Lahore, the bureau has managed to rescue 2,700 children between the age of five and 15 from different parts of the city, besides housing and rehabilitating camel-jockey Children rescued from the Gulf. â&#x20AC;&#x153;I have handed over some 2,500 children back to their guardians so far. However, a lot more is needed to be done on this front because the problem is prevailing in other parts of the province as well.â&#x20AC;? The CPWB director, Zubair Ahmad, says that such bureaus are being established in Gujranwala, Multan, Sialkot, Faisalabad, Bahawalpur, Rahim Yar Khan and Rawalpindi shortly. The Lahore bureau houses an institution and a vocational centre for the education and training of children. Doctors and psychologists are also available for their treatment. The Pakistan Railways Police have also kept an eye on the runaway children. The PR help centres in Lahore, Rawalpindi, Quetta, Rohri, Peshawar and Karachi railway stations have reunited a good number of children with their families. Those whose guardians are not traced have been shifted to the Edhi Centres. Psychologists are of the view that most of the runaway children leave their homes because of the negligence of their parents, physical torture by elders or teachers and domestic, forced labour. Child Labour: Following the international laws the government has banned child labour in hazardous professions like tanneries, scavenging, surgical instruments, glass bangle making, coal mining and fishing. But nothing has been initiated for the

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(195) implementation of the law. Some 3.4 million children aged between five and 14 years are estimated to be working as child labourers. Many are associated with household work, factories or engaged in a hazardous profession. The last mentioned are extremely exposed to terminal diseases. Hundreds of them suffer from different kinds of deadly diseases, says another report. The International Labour Organisationâ&#x20AC;&#x2122;s survey reveals that at least 1,000 children working in tanneries in Kasur and Sialkot and as many in the coal mines in Noshera and Chakwal have developed severe health complications. Some 18,000 children, mostly girls, are engaged in the bangle industry in Hyderabad and several thousands are working in scavenging and fishing along the coastal belt. Around 10,000 are associated with the manufacturing of surgical instruments in Sialkot and elsewhere in Punjab. The survey warns that if the government does not take necessary measures to take them off the professions, they will face a serious threat to their lives as they grow. Besides the listed six professions, there are some 23 others in which children are forced into employment. They are working at the units of power-driven cutting machinery like saws, shears, guillotines, and live electrical wires carrying a current of over 50V. They also work in leather tanning processes, mixing or application of pesticides, insecticides, sand blasting and other work involving exposure to free silica and other toxic and chemicals. Children are also hired to work in manufacturing and sale of fireworks, liquefied petroleum gas (LPG) and compressed natural gas (CNG) businesses, glass and metal furnaces, cloth printing, dyeing and finishing sectors. Some are even made to work inside sewer pipelines, pits and storage tanks, and at stone-crushing units or involved in lifting and carrying of weight, especially in the transport sector. Hotels, carpet weaving, tobacco processing and manufacturing units, wool industry, ship breaking and spice grinding sites, boiler houses and cinemas, all employ children. Child labour in the informal sector, like domestic help, small workshops, self-employment concerns and restaurants are not usually considered as labour by the government. Hanif is not the only such child. He works at an autoworkshop in Township. His duty timing is from 8am to

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(196) 9pm and he is paid Rs. 40 per day besides a two-time meal. â&#x20AC;&#x153;I have no other choice but to come here and learn the work and earn a little to contribute to the family income. We are six brothers and sisters and my father is a labourer. My two elder brothers also work at the auto-workshops in Green Town. (End of Article)

Displaced Persons: One of a great cause for billions of people who leave their homes in fear to save their lives is due to religious, sectarian or political violence which is continually going on throughout the world. In 1947, when India and Pakistan got divided, more than 20 million people left their homes and shifted themselves to other places after bloody violence erupted among the Muslims and the Sikh-Hindus populations resulting in the death of over 2 million people and thousands of abductions of women. Burmese Muslims also suffered at the hand of the Buddhist population, and left Burma for neighbouring countries; similarly Muslims of Bihar were forcibly evicted from Bihar into then East Pakistan and then received unfriendly treatment from their brethren Bangladeshis; they are still living in slums. There is well-known event of history in Palestine where newly established Israeli state forcibly evacuated millions of Palestinians into Lebanon and neighbouring territories. In Vietnam Campuchea and Korea, the fight between the communists and the capitalists resulted in death and homelessness of billions of people. Recently, invasion of Afghanistan by U.S.A. forced 4 million Afghanis to leave their homes and settle in camps in Pakistan; earlier Russian invasion had caused immigration amounting to 5 million people which put Pakistan under great economic and social pressure. Recent invasion of USA on Iraq has caused many millions Iraqis to leave their homes and homeland. Other recent examples of man-made catastrophies are of Bosnia and Russian state of Chechniya where invasions resulted in homelessness of many millions Muslims who migrated to friendly states. In the most African countries, there is a continuous struggle among pro-capitalists armies and the fighters who called

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(197) themselves as freedom-fighters or nationalists, there are others who are fighting among themselves due to tribal differences. Such fights resulted in homelessness, immigration, misery, famine etc. People affected by such battles are forced to live in the open or make shift houses, tents, in miserable plight; the most of such sufferers, about 95% of them, are the Muslims. Such displaced persons are dependent upon foreign aids. It is not uncommon to bear that Aid Agencies further their political as well as religious agendas by taking advantage of miseries of homeless people.

Job Problems: There are many other causes too which destroy a â&#x20AC;&#x2DC;homeâ&#x20AC;&#x2122; or a good home life. A husband may get job in a far off city while he is not in a position to take family alongwith him due to some social restrictions. Also men who have jobs in police or army have to stay for months away from their homes. Many men from poorer towns of the country travel to affluent cities to find jobs and then come back to visit their families after a month or so. A friend of mine came to me and was upset that his teacher wife was transferred to about 100 kilometers away; she had one child of age four and another of age one; such cases are a social disaster. There are thousands of cases when husbands go to other countries for jobs or studies and are unable to visit their homes but only after a year or so, thus creating so many social and moral problems. Men or women who work in airlines are supposed to live away from their homes for weeks or so. Also doctors have to work in shifts in hospitals, and are thus unavailable for their families especially little children who need them badly. In India and Pakistan, also in many third world countries there are gypsies, nomads and wandering tribes who do not possess a permanent place for a home; also fishermen and women living along seasâ&#x20AC;&#x2122; coastline areas have temporary dwellings without basic amenities; floods, storms and Psunami destroy their homes. Poverty of such people do not let them build strong houses which can save them from natural disasters. In many areas of the world, as Cholistan in Pakistan, thousands of people move to greener parts of the country where water and foliage is available for their cattles, and they come back to their old homes when rainy season sets in which on many occasions may not come for years; so such wandering tribes wander for years for their

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(198) survival. People who seek homes face many problems. Those people who canâ&#x20AC;&#x2122;t afford to own a house or are unable to purchase one, go for rental houses. High rents may cause problems for those with low incomes and they are forced to compromise with houses with less facilities. When husband and wife are both working, then it becomes a social problem to look after the house. Usually in the third world countries, parents, grandparents and other members of the family may be available to look after the house and little children. Working women are usually expected to share the house-work after coming back from their jobs, while men sit idle which is obviously unfair and affects the health and mental conditions of over worked women. Only if husbands realise their duty and give a helping hand to their wives. Liquor, Gambling In the present times, especially among the Western countries, one of the greatest destroyer of home life is liquor and gambling. People, young and old, sit in pubs for long hours late in the night while their wives and children miss presence of head of families; wives resort to finding extra-marital friends while children become irresponsible, rowdy and rude without high goals in life. Thus in USA and the most Western nations, it has become a fashion for couples to live together without marriage, as none of the partner wants to enter into permanent bondage which demands responsibility and sacrifice. Moreover, if birth of children outside marriage continues to increase at the present rate, soon 90% people of USA, Europe and Russia will be illegitimate; this is surely an impending disaster for humanity. Such children without father are usually spoiled, weak in character; so they do not make good homes after marriages, if they do marry at all. As many studies by sociologists tells us, single parent children or the children of broken homes do not make a good students, nor good workers; instead they indulge in immoral acts, crimes and drugs. Also they are good prey for Mafias indulged in anti-social activities like drug, ammunition smuggling, prostitution, sodomy etc. Hereunder are some excerpts from some books:

[Introduction to Sociology, page 151 Down and Out in America by Peter H. Rossi) Indeed, that families often take on the burden of providing for adult kin was shownâ&#x20AC;Śâ&#x20AC;Ś. Using data from the Current Population Survey, I showed that in 1987

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(199) 2.6 million extremely poor adult children aged twentytwo to fifty-nine were living in their parentsâ&#x20AC;&#x2122; homes, and an additional 677,000 were living with siblings or grandparents. Of course many, if not most, of their families could sustain the additional burden: the household incomes of the supportive families were slightly above average. In addition, some families subsidized their impoverished adult members without taking them into their homes. Unfortunately, the Current Population Survey does not provide enough information so we can estimate the extent of such cash subsidies: we do know that there are at least 3.5 million impoverished dependent adults who are being subsidized by their parents and possibly as many as 6.5 million. But now imagine the situation of poor parents, living at the poverty level or below in cramped quarters, on whom the responsibility for supporting an impoverished unemployed adult family member has fallen. How long could they keep it up? Imagine, in addition, that this dependent adult child has a serious alcohol or drug problem or has been in prison or exhibits the bizarre thinking or behavior of the chronically mentally ill.

Secretary General U Thant on Overpopulation On May 3, 1966, Secretary General U Thant told the Consultative Assembly of the Council of Europe that, it is the growing economic disparity of the nations of the world which faces us with our most serious source of tension and with the direct possibility of future calamity. Despite international programmes for economic development and bilateral aid agreements, the plain fact is that the rich industrialized countries of the world are growing steadily richer and the less developed countries are, at best, standing-still. Taken in conjunction with the probable, growth of population over the next 30 or 40 years, this trend opens up a most distressing prospect. The reports of famine from various parts of the world and the evident and increasing difficulties of many of the less developed countries are only harbingers of the coming storm.

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(200) It is essential that our preoccupation with our own immediate problems, or with more spectacular and short term crises, should not make us deaf to these warnings. If we do not pay to them there can be little doubt that we are courting a disaster in which event the most prosperous and stable countries may eventually be swept away. We cannot allow it to be said of us by history that, with all our knowledge and technological skill, we allowed this long foreseable, and foreseen, calamity to overwhelm us. (End of U Thant’s Speech)

It is a universally accepted fact that the explosion of a sufficiently large number of nuclear bombs at any point on earth, dispersing long-lived isotopes in the air; can poison the entire globe. Human interference with his environment and man’s increasing control over natural forces have been producing effects that not only cross national boundaries and sectional frontiers, but reach ever more from continent to continent. The question of pollution, of every kind, is an outstanding example which compels increasing international attention. Truly, as Halford Mackinder, England’s great geographer warned at the beginning of this century, the world’s people are living “in a closed system in which they can do nothing of which the repercussion does not come back upon them from the very anti-podes.” (Politics and Dynamics of Human Rights, P-224) The question of nuclear arms control has divided the Atlantic Alliance for many years and there is no satisfactory solution in sight. The full implication of the proposed nonproliferation treaty, for example, is to reduce America’s allies to permanent dependence on the United States and to make them acquiesce in reasons of security and national prestige accede willingly to an act of self-abnegation and place their fate blindly in the hands of even the most trusted ally. Thus, according to the views of many observers on the scene, all the efforts to fashion NATO into an integrated military and political alliance are bound to end in frustration until the nuclear weapons nettle is firmly grasped. (P&D P-225) We really need, as Frank Furstenbcrg has suggested, a Marshall Plan for the Family. It would look to other progressive

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(201) industrial nations for a model of what could be done. In Sweden, for example, upon the birth of a child, every working couple is entitled to twelve months of paid parental leave, nine months at 90 percent of the person’s salary plus and additional three months at about $300 a month. The mother and father are free to divide this year off between them as they wish. Any working parent of a child under eight has the opportunity to work no more than six hours a day, at six hours’ pay. Parental insurance offers parent.; money for work time lost to visit a child’s school or care for a sick child. That’s a “profamily” policy.

(Introduction to Sociology, Arlie Hochschild P 100) The Reagan government said it was “profamily,” and confused being “profamily” with being against women’s work outside the home. In an age in which over 70 percent of wives and mothers work outside the home, and in which the rate is still climbing, the Reagan administration’s Panel on the Family only offered as its profamily policy a package of measures against crime, drugs, and welfare. In the name of “protecting” the family, the Republicans proposed to legalize school prayer and eliminate family planning services. They did nothing to help parents integrate work and family life. And we have to ask whether, when marriages end due to the strains of this life, is it profamily or antifamily to make life in two-job families so very hard?

(Introduction to Sociology, The Second Shift, Arlie Hochschild page 99) And how about young men? Are they planning to share the work at home with working wives? In a 1986 study of Berkeley Seniors, 54 percent of the women and 13 percent of the men expected to be the one who would miss an important meeting at work for a sick child. Sixty-nine percent of the women and 38 percent of men expected to share the laundry work equally. Fifty percent of women and 31 percent of the men expected to share cooking. A survey by Catalyst found that half of the women plan to put the husband’s job first, but two-thirds of the men said they planned to put their own job first. In a 1985 in-depth study of Berkeley Seniors. Anne Machung asked undergraduate men if they expected to marry a woman who held a job outside the home. “She can work if she wants,” most answered. When asked if they would be willing to marry a woman who wanted them to do half the housework and child care, one man answered, “Yes, I could always hire someone.” Another answered, “It would depend on how much I liked her and

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(202) how she asked.” A number of them didn’t want “lists.” Among the young as well, women seem to be changing faster than men.

(Introduction to Sociology, p.-98 The Second Shift, Arlie Hochschild) The happiest two-job marriages I saw were between men and women who did not load the former role of the housewifemother onto the woman, and did not devalue it: as one would a bygone “peasant” way of life. They shared that role between them. What couples called “good communication” often meant that they were good at saying thanks for one tiny form or another of taking care of the family. Making it to the school play, helping a child read, cooking dinner in good spirit, remembering the grocery list taking responsibility for the “upstairs.” These were the silver and gold of the marital exchange

(Introduction to Sociology, P-101, Arlie Hochschild) On June 30, 1966, President Johnson told an audience in Omaha, Nobraska: Most of the world’s population is losing the battle to feed itself. And if present trends continue we can now see the point at which even our own vast productive resources including the millions of acres of farm lands that we now hold in reserve, will not be sufficient to meet the requirements of human beings for food. (The New York Times, July 1, 1966.)

(Politics and Dynamics in Human Rights, page 256) The level of welfare benefits also directly affects the capacity of the extremely poor to take care of themselves without the help of their parents. It is obvious that at the heart of homelessness and extreme poverty are the extremely low incomes of those groups. Among those states that have programs of income support to unattached persons, none provides enough to receive $4,000 a year. In addition, there are many states — for example, Texas, Alabama, and Tennessee — that have no income support programs at all for this segment of the population.

(Introduction to Sociology, P-152)

CONFERENCES ON HUMAN RIGHTS IN ISLAM Hereunder we quote from the proceedings of conferences of Riyad, Paris, Vatican City, Geneva and Strassbourg on Moslem Doctrine and Human Rights in Islam 1972-77. Religion believes in freedom to own property and in freedom of work for every one. Thus, it provides all the conditions and means for the enjoyment of such rights and guards them

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(203) against any encroachment, and does not restrict them excepting where public interest is involved. As the enjoyment of economic rights by a citizen is for his welfare, and as his happiness is completely connected with the Economic Development Projects, the Kingdom set up a few years ago a Council to deal with Planning and Development in a general way, and with Economic Development in a particular manner, for it is useless to the citizen to be entitled to the enjoyment of all economic rights if there were no projects to increase economic development, national income and per capita income. The Kingdom, within the bounds of its material revenue, gives great importance to the development of the resources of the country, the exploration of its hidden wealth, the encouragement of industrialization, the reliance on private sector and its support, within the bounds of public interest, without any exploitation and with equitable remuneration for work performed, leaving no room for any class struggles or grudges. It considers the encouragement of individual incentive within these bounds as one of the most important factors to push the wheel of economic development and to safeguard human dignity. It is for the interest of the individual and the well-being of the group. THE SPECIAL PROBLEMS OF HUMAN RIGHTS IN OUR REGIONAL COUNTRIES ARE THE RESULT OF EXTERNAL FACTORS We regret, at this particular point, in which we ought to explain our own problems that are connected with Human Rights in our Regional Arab Countries that we have to refer to the only basic problem in which Human Rights were exposed to hostile acts. This problem had and will always have the greatest effect on regional and international peace and on the waste of the largest portion of the national and individual resources of more than thirteen Arab countries. This problem has hampered a lot their economic, social and cultural progress since they were seeking to let the groanings of the Arab people of Palestine be heard. The Palestinians were deprived of all their basic rights in their historical Fatherland in which they lived since the times of the Arab Canaanites six thousand years ago and before Israel came to life and resorted to Egypt together with his twelve children where they multiplied for hundreds of years. Then their descendants decided to free themselves from the slavery of the Pharaohs and fled to Palestine. They went there as aggressors and destructive

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(204) elements in order to establish a homeland for themselves there through conquest against the Arab people who have the sole right to that historical land. If the law of the jungle had dominated the ancient world when the Israelis conquered Palestine after fleeing from the slavery of the Pharaohs; that barbaric conquest in which the blood of the Arab Canaanites was shed, their lands burned, and their towns destroyed during that period of time as mentioned in the text of the Old Testament, it cannot be permissible in this era, which saw the birth of the United Nations Charter and the Declaration of the Human Rights Charter by the United Nations, that conquest, killing, destruction, extermination and wiping out of people who did not submit during early conquest and at the time when the law of the jungle was prevailing, and who will not for a better reason submit during the time of the United Nations Charter, Human Rights and the Universal Charter connected with the implementation of such rights that have never been so badly violated in history by any race as they have been by the Israelis, for one single reason, namely their belief that they are the Chosen People of God and are thus superior to all other peoples; thing which is unacceptable to anyone at all times. That was the first and the last reason for the persecution which had befallen the Israelis and which will always befall them because it is in complete disagreement with the Rights of Man. Since we referred before to the history of their first and ancient conquest of Arab Palestine, which was taken falsely as a legal justification for their modern conquest and since we pointed out that the Canaanites refused to submit to them, we feel that it is useful to expand a little on the history of that barbaric aggression and the bad consequences it had on world peace at that time when the Canaanites were forced to seek the help of the Babylonians who rushed to their support, ended the State of Israel and destroyed their Temple for the first time and expelled them from Palestine. When the Babylonian State grew weak and collapsed under the thrashes of the Persian State at that time, the Persians considered those who were the enemies of their enemies as their friends. They restored the Jews and allowed them to rebuild their Temple, but under Persian Rule. The Arab Canaanites sought anew the help of the Greeks, the enemies of the Persians. To meet their appeal Alexander the Great went to Palestine, destroyed their Temple for the second

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(205) time and expelled the Jews from there. But when the Greek Empire became weak and fell a prey to the Romans and the Romans entered Palestine, they behaved like the Persians and considered the enemies of their enemies as their friends. They restored the Jews and allowed them to rebuild their Temple for the third time, provided they did it under Roman Rule. But the Arabs did not despair and were able to handle the Romans. Thus, after a while the Romans became aware of the danger of the Israelis and ordered the destruction of their Temple for the third time, until the Muslim Arabs came over and liberated Palestine from the Romans. The Arabs did not find a single Jew there. Thus, we see that the rise of the Israelis in Palestine in the past centuries and the murder of its people upset each time world peace and led to foreign intervention, once on the part of Babylon, then on the part of Persia, then on the part of Athens and finally on the part of Rome. This intervention did not happen at any time except for the interest of a new imperialist empire in this important area of the world, after weakening its Arab inhabitants. Thus, we see that history is repeating itself today due to the Israeli oppression itself, after the Jews were permitted to re-establish Israel and go back to their old aggressive actions. As a result, regional peace has been upset, and had its repercussions on world peace. In Palestine, Human Rights were violated by the Israelis, in a manner unprecedented in the history of mankind. So, canâ&#x20AC;&#x2122;t we draw a lesson from the facts of history? While we thank today the U.N. Human Rights Commission which emphasized to its Special Rapporteur Mr. Janji the necessity of studying the problems connected with the respect of the rights of man and his basic freedoms, their implementation and the implementation of his economic, social, and cultural rights, particularly the regional ones arising from external factors as indicated in paragraph (206) of the debate of the 26th Meeting of the Human Rights Commission, we feel that it is the duty of the Arab countries to give major importance to the sufferings of the Arab people of Palestine whose Human Rights have been violated as a result of aggression by the Israelis who have gathered from all over the world under the guise of return to their historical national homeland, while in fact this is no more than revival of the old barbaric invasion which took place thousands of years ago, we mentioned before, and which is known in their religions and historical books. They aim at changing the

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(206) map of this area on the basis of aggression and the elimination of the Arab people of Palestine, which is contrary to Human Rights principles. It is quite strange that the change of the map of this area in favour of an old Israeli aggression and an old form of imperialism is accepted, at a time when the United Nations is liquidating unanimously modern imperialism and aggression since it considers it against Human Rights. If it is necessary to correct the map of the world on the basis of old conquest, then we would like to ask why the map is not corrected in favour of Old Athens and Old Rome in Europe today also? ISRAELâ&#x20AC;&#x2122;S VIOLATION OF ARAB HUMAN RIGHTS We now present the different aspects of violation of Arab Human Rights in Palestine today as a result of the restoration of the Israeli presence in this Land which has been an Arab Land for thousands of years. We list the following flagrant violations to which we attract the attention of the U.N. Human Rights Commission: The creation of Israel in Arab Palestine where the Arabs used to own 96% of the land at the time of the Declaration of the Formation of the State of Israel, and without consulting the opinion of the people of the country respecting self-determination, which is acknowledged by the Universal Covenant on Economic, Social and Cultural Rights in its Article No. 1 in conformity with the terms of the U.N. Charter. II Stripping the Palestinian Arabs daily of their property in an oppressive manner and expelling them from Palestine which is in violation of the terms of Article 17 of Human Rights. III Prohibiting the remaining Arabs in Palestine of the right of movement and the selection of their places of residence within the State, which is contrary to Article 13 of Human Rights. IV Complete seizure by force of all the lands of the Palestinians and their expropriations from their Palestinian owners and the expulsion of Palestinians to live in camps either inside or outside the country, under certain living conditions which aim at the wiping out of these nationalistic Palestinians who are known since the dawn of

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history. This is in violation of the provisions of â&#x20AC;&#x153;The Special Pledge to Prevent Racial Extermination and Application of Penalties against itâ&#x20AC;? issued in 1948 A.D. Denying the people of Palestine their right in their historical lands and expelling them for replacement with ramblers from different citizenships. Besides, committing all sorts of barbaric acts like the killing of aged men and the cutting of the abdomens of women, the slaughter of children and the profanation of the place of worship for their expulsion from their country with the aim of terrorizing them and making them leave their lands in a permanent manner. This is contrary to all the basic rights of man. As a matter of fact these new invaders are not Israelis, but most of them are Caspians, from the Caspian Sea area who adopted the Jewish faith eleven centuries ago and had no historical connection with Palestine.

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(208) For all these reasons, we draw the attention of the U.N. Human Rights Commission to this flagrant violation of Human Rights in the Arab Land of Palestine under the observation of the U.N. Organization, and the threat it poses to World peace. This Problem cannot be solved except by eliminating its causes which lie in the foreign Isreali conquest, and by restoring the usurped rights of the Arabs who are the owners of the land, or else woe to Human Rights from the Isrealis who believe, like the Nazis, that they are superior to all other races. __________

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Chapter 2

WOMEN’S RIGHTS In Islam, men and women are equal but their duties and responsibilities are different according to their biological difference and psychological peculiarities. Men are required to do hard labour and earn livelihood for their families while women are required to look after all the affairs of their homes; husband is a king in his home while a wife is a queen and is supposed to obey her husband. But if a woman is working, then she has full right to use her earnings as she wills. Woman has equal rights to seek education, run a business, decide about her marriage and divorce matters, go to court to seek justice. But a woman has many restrictions laid down by the Prophet and the Holy Qur'an. Men are protectors of women; women are too precious. If a woman goes out of her home, then she must be accompanied by some relative as a guard to ensure her safety and honour. This is very important in those places where law and order condition is weak. Also a woman who goes out into a public place, she must cover her body with a shawl which is a symbol of honour, and shall avoid to wear a dress which is too attractive, tight, thin and revealing. These instructions are for a woman’s safety and to protect her chastity and to frustrate evil designs of men of low morality. Even today, churches’ nuns wear head-covering as a mark of piety. Islam gives women a share in property left by the parents; women’s share is half of men because all her expenses are to be met by their husbands; at the time of marriage women are to be given ‘marriage money’ compulsorily, and they have no responsibility to invest money to earn livelihood; sole responsibility is upon men to invest money for cultivation, business, trading etc. Women can also invest but it is optional for them. In business dealings, one man or two women are required as witnesses. This is because women are inexperienced in business matters, so second woman reminds the other about the exact words spoken during the deal. In the present time, more and more women are becoming highly educated and in some fields, even excel men in

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(210) intelligence, Islam does not stop them to take part actively in the modern societyâ&#x20AC;&#x2122;s requirement. But Islam do require and expect strictly that women should be given special facilities and opportunities to work such that their homes are not neglected nor their honour is at stake, they must be given special facilities and protection by government and the society. Preferably they should be given jobs near their family residences; whenever possible, their working timing and working hours should be favourably adjusted. Women should be given holidays to look after their children. It is a moral right of working women that when they come back tired from their working place, they be assisted by husbands and family members in their home work. Women should preferentially be educated for those jobs and trades which suit their physique and temperament; like education of children, to work in hospitals as doctors and as paramedical staff, to work in cottage industries and such industries for which they have more aptitude than men. Prophet Muhammad (S.A.W.) ordained his followers to show preferential behaviour towards women. He said that when you enter your house, kiss first your daughters then sons; if you bring some fruit, give it to your daughters first then your sons. He also said that in a home, children should show more respect to their mothers, then their mothers, then their mothers, then their fathers. One should show more respect to sisters than brothers. The Prophet said that girls are so honourable that when a daughter in born, angels descend from heaven and congratulate the parents and send blessings upon the new-born baby girl. Islam strongly restricts free mixing of young women and young men. The Prophet said: When a young man and a young woman are alone then Satan is third one among them. In the light of Prophetâ&#x20AC;&#x2122;s instruction, whenever possible, girls should be given education in institutions exclusively for females; women should be given jobs where men have no interference. These instructions are to honour women; these are not restrictions but freedom. Women are encouraged to look smart and beautiful by wearing flowers, gold and silver, ornaments, stones and pearls etc. which Allah has created for beautification but only in secure places; not for immorality. Also men are ordained to look smart and perfumed; this is important for good home life and mutual attraction.

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(211) In the present time, women are taking parts in those games and exercises which were formerly solely popular among men. In western countries women have recently started playing even hockey, football and cricket etc. which require strong physical built up; these games were played by men only till recent past. Islam do not put any restriction upon Muslim women to play any game. But Islam do expect from Muslim women to play or do exercises in places where young men have no access; women should manage their own affairs and should get men’s help only when it is inevitable and indispensable. Muslim women are expected not to wear such dresses which reveal their thighs and bossoms. Muslim women are supposed to play games for their good health, but not for money or for commercial companies for the advertisement of their products. Muslim women can play together and even compete individually or as a team; presence of men audience is highly undesirable in Islam; state must provide full security for their safety and take maximum measures to safeguard their honour, privacy and modesty. Muslim women must be saved from exploitation by men, and from those who look for opportunity to corrupt innocent women. A violation of a woman’s honour is more grievous sin than a man’s life. In the Bible, a man who rapes a woman is killed by stoning, Islam also awards the same punishment for married men and women. As present era demands, Muslim women should play their role actively in politics, they can vote; join political parties and contest elections. It is expected from them that they do not spoil their home life and do not forsake their duties towards their dependents and children, and uphold Islamic norms and their good reputation. As a politicians, they should be ambassador of Islam for all the women of the world and should play their role positively for the interest of women and children who constitute about 70% of population; women politicians can help male politicians very effectively and positively to make legislations and take measures for the goodness of large section of the people. There are many social problems about which women have more awareness than men; women’s participation in politics can save a lot for the betterment of Islamic society. The prophet Muhammad (S.A.W.) said: Be kind to your wives; their behaviour will not be always the same; do not be strict to them lest you end up with divorce; if they have some weaknesses, then look at their good qualities too, so advise and

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(212) teach them with good words, they will amend if they have capacities to do so. Hereunder we quote from conferences of Riyad, Paris, Vatican City, Geneva and Strasbourg on Muslim Doctrine and Human Rights in Islam between Saudi Canonists and Eminent Jurists and intellectuals, March 1972 to November 1974.

ON THE INEQUALITY BETWEEN MAN AND WOMAN IN LAWS OF INHERITANCE 21. This is a presumption inconsistent with the regular fundamental principle of the Koran, which proclaims the equality of man and woman. As we have already explained, what Koranic prescriptions clearly and precisely assign to man, is the responsibility of leading the family, and by consequence of providing for its expenses. This is proportionate to his physical constitution, which makes him more capable of shouldering these responsibilities in the interest of the whole family. Hereby, woman is relieved of a certain charge, and yet suffers no wrong whatever in her rights. Such provisions constitute the clearest evidence of Justice between both sexes, asâ&#x20AC;&#x2122; meant by the abovementioned Koranic verses. 22. Other criticisms have been directed against the Koranic provisions which allow a man twice as much as a woman. We answer that these provisions are neither absolute, nor always applicable, but in specific cases only, for vital purposes, to maintain the balance between men and women. In fact, the Koran prescribes: (a) Equality between mother and father in the succession of their child, if the latter leaves male heirs. (b) Equality between brother and sister, born of the same mother and from a first marriage, in the succession of a brother born of the same mother and from a second marriage, if the latter leaves neither male ascendant nor descendants capable of succession. Both cases, as you see imply complete equality between men and women. 23. It is for the sake of Justice, therefore, that the Koran allows certain attenuations to the general principle of equality, in these specific cases:

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If the deceased leaves children, the rule will be to give twice as much to the son as to the daughter. Other similar cases follow the same rule. (b) In the case of succession between husband and wife, the husband inherits from his wife twice as much as she would inherit if he himself died. lx””” 24. In the former case,, and other similar .ones, the inequality, which may appear like a frustration is motivated by the responsibility incumbent on the man to eventually assume the sustenance of surviving members of the family of the deceased (ta’sib). As such responsibility rests on men alone, and women are exempted from it, the principle is applied of giving twice as much “to men as to women. Again, men must assume the sustenance of women. 25. The rule of succession between husband and wife just mentioned, is based on the principle of equity. Indeed, while the husband remains responsible for the sustenance of the children, the wife who inherits from her husband is exempted from this obligation, and to the male heirs, instead, belongs the charge of sustaining their mother, if need be, on their own patrimony as well as on their inheritance. It follows from what has been said, that no one could contend that any kind of inequality exists in rights of succession between man and woman.

ON THE ALLEGED ONE-SIDED CHARACTER OF DIVORCE 29. As for the allegation that marriage is unilaterally favourable to man, it must be clearly understood that marriage in Islam is purely a civil contract, which in addition must be signed in public. It is established on the mutual self-donation of two persons, to the effect that each may dispose of the other in a way which would not be legally authorized otherwise. But, in surrendering herself, the wife receives in counterpart the dowry conceded to her according to her own conditions, whereas the husband’s self donation has no counterpart. Hence, only the wife’s donation is compensated in the contract. And so, if the wife of her own will cancels the contract, her action is necessarily prejudicial to her husband, and such cancellation, in any contract, will be declared void and null.

ON POLYGAMY IN ISLAM 30. Islam never encouraged polygamy; no more than it instituted it. It obtained without condition or limitation in times

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(214) prior to the message of the Prophet of Islam. It was already practised in Judaism, from which Christianity originated, and these two religions confess that the Prophets of the Old Testament belonged to a polygamous society, starting with Abraham who is recognized as the father of the Prophets by Arabs as well as Jews and Moslems. And it is well-known that, even among those who forbid it, polygamy is still practised in a concealed way, causing much material, social, and moral damage to husbands, wives, and children. That is why Islam brought a remedy to that state of affairs. It began with limiting polygamy to four wives, thus closing the door to indefinite abuses. Such was the first reform of Islam. Here is the second reform to authorize polygamy, Islam requires, as sine qua non condition, the respect of justice in the equal rights of all wives. In case of frustration, a wife can always recur to judiciary authorities. She is allowed to demand that justice, as prescribed by Doctrine, be respected, or else that the contract of marriage be annulled. 31. Now, concerning the â&#x20AC;&#x153;new wifeâ&#x20AC;?, it must be noted that, as it is evident, she wilfully accepts polygamy, to become a legitimate spouse, enjoying all conjugal rights instead of an ordinary concubine of low consideration in social life. She freely determines her option, to save herself, from shame, and her husband from breach of faith. To deprive her of this choice would obviously affect her right to become a legitimate wife. It is true that a second marriage is in most of the cases contracted against the will of the first wife. To her, therefore, belongs the privilege, when she signs the contract, to demand for herself the right of suing for divorce, if her husband ever concluded a second marriage without her consent. Such is the third reform of Islam about polygamy. All this shows, how Moslem Doctrine, far from encouraging polygamy, has set limits to it, in the sole interest of society, namely that of husbands, wives, and children. It has been the will of Islam, that all should live in conjugal legitimacy, with the rights inherent to it, rather than in general licentiousness, debauchery, and illegality. ON THE VEIL IN ISLAM 32. Basically, the question of the veil in Islam is but one aspect of a more genera! problem, which is this; (a) Interdiction for men and women alike to strip of their clothing.

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Modesty and decency commanded to those who live in society, whether they belong to one sex or the other, for the preservation of morality. On these two principles, all civilized people have agreed throughout successive stages of history, as discretion and reserve in clothing are obviously social requirements. Thereby man distinguishes himself from animals, in ways of life and relations with his fellowmen. Hence, the transition from primitive state, where man is still naked, to civilization is indicated, before anything else by concern in dressing oneself with all available means. In this way, man wanted to separate himself, as a civilized human being, from animals. 33. Starting from this general principle, which mankind commonly accepted, throughout the years, civilized men contrived to make clothes for themselves, according to their needs and possibilities, and to the nature of the climate. This has been considered as the first attire of man in society, and one of the first measures imposed by morality. The Koran reasserted such civilized conceptions in these terms: “0 Children of Adam! We have revealed unto you raiment to conceal your shame, and splendid vesture, but the raiment of restrain from evil, that is best” (VII, 26). 34. This is the position of Islam, whose mission was summed up by these words of the Prophet: “God has sent me in order to bring morality to a state of perfection.” As always in case of command or prohibition, Islam proceeded in setting minimal limitation, which could never be exceeded. Within these limitations, it left man free to choose his own way of dressing, depending on particular circumstances and personal means. Even a certain refinement in clothes, without lavishness, was recommended, as long as modesty and decency were respected. Thus:  Concerning man, Islam fixed a minimal limit of decency for dressing at times of prayer or devotion. In such cases, man was told to cover himself from the navel to the knees. Above that part of the body, he may choose whichever dress seems to correspond to his means, provided he respected the norms of public morality.  Concerning woman, Islam likewise fixed a minimal limit of decency for dressing at times of prayer or devotion. In addition to what was required of man, woman must keep

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(216) her whole body covered, except for the face, hands and feet. It is in such attire that it was recommended to her to appear in society. 35. As you see, these limits were originally prescribed, both for man and woman, first as rules of decency towards God, secondly as requirements of social life. Islam strictly forbade certain forms of naked worship such as existed among pre-Islamic Arabs and some ancient religions. Islam insisted on this prohibition, to make decency an imperative obligation in religious practices. The same limits are not only imposed in places of worship, but also outside of private houses. Thus decent dress formed an integral part of the good manners of Moslems among their fellowmen. This is what happened, at least at the very beginning of Islam. 36. With regard to decency of womanâ&#x20AC;&#x2122;s clothes, Islam, fourteen centuries ago, chose for her a long dress covering the whole body- To give her loose clothes, it added a sort of long cape (Jilbab) from head to foot, which she normally wore in the street on top of her house clothes. As just noted, it covers the whole body. One may evaluate the noble intentions of Islam, when it imposes decent dress as a requirement for social life. Fashion was in no way taken into consideration, as it is now admittedly at the discretion of the great dressmaking firms. All these prescriptions, you realize, were originally prescribed as preparations for worship, and are enforced in Islam until today. 37. After the coming of Islam, it happened that depraved and immoral elements, from non-Moslems or people originally hostile to Islam, began to assault Moslem ladies, trying to provoke them or offend their chastity. For, prior to the coming of Islam, men in the Arabian Peninsula had been accustomed to that sort of behaviour which they directed to slaves. So, when those corrupt, individuals were severely reprimanded, they alleged as excuse that they had mistaken the Moslem ladies for slaves. These provocations came near causing violent disorders. That is why the Koran said: â&#x20AC;&#x153;0 Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognized and not annoyedâ&#x20AC;? (XXXIII, 59). In other words, the Koran at that time prescribed a distinctive mark in the manner of dressing for going out. Formerly, it had been the same for free Moslem ladies as for

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(217) slaves, but now the Koran recommended to all Moslem women to wear their dresses over their faces in an unprecedented manner. Due to this innovation, they could be identified, and could not be assaulted by pretended mistake. As you see, it was a measure intended to prevent public disturbance. 38. Such is the history of the veil in Islam. As you have realized, it originally consisted in measures of decency, designed to conceal woman’s body first before God, and then before men. Only the body is concerned by these measures, not the face, hands and feet, unless Moslems ladies be in danger of being assaulted by corrupt people. In such event, the normal reaction would be that of anyone of us, if his wife or close relative were so threatened. Men would stay away from such places and so would women also, and it would be permissible also to take appropriate measures to safeguard decency and public morality. They would even retire completely from the sight of evildoers. This is what Islam did not hesitate to recommend, in response to provocations from those who try to offend the dignity of women and even of men.

ON CORPORAL PUNISHMENTS THEORETICALLY PRESCRIBED BY ISLAM 59. It is known that corporal punishments are prescribed in cases of theft and adultery, indifferently for men and women. Dealing with this question in all sincerity at the Conference of Riyad in 1972, we explained, through specific facts and “figures, the serious and decisive importance of these preventive measures for the extirpation of crime, simply because the State had previously declared its determination to execute these punishments with extreme severity. As a result, facts given in the Conference of Riyad show that these penalties have become purely theoretical. The reader may usefully refer to the proceedings of that Conference, above pp. 26-39, pars. 18-27; he will understand that cruel corporal punishments constitute an infective psychological remedy for sick people inclined to crime. This is indeed what they are, rather than actual punishments. By applying that sort of remedy, Moslem Doctrine has extirpated from sick minds every inclination to such serious infractions, and severity has a preventive, therefore beneficial, effect. Criminals can reform, and liberate themselves from the temptation to offend public order, security of the family, and woman’s dignity.

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Chapter 3

DISCRIMINATION AGAINST WOMEN We hereunder mention a legal case: GEDULDIG v. AIELLO 417 U.S. 484.94 S.Ct. 2485; 41 L. Ed. 2d 256 (1974) Probably no group in the country is subject to a more pervasive, firmly established and staunchly defended system of discrimination than are women. Relying on such varied arguments as biblical authority, the woman’s lack of muscular strength, her child-bearing function with its attendant incapacities, and the natural capacity for motherhood, male members of society have undertaken to protect “their women” from having to compete against men by assuring them, insofar as possible, a role of their own in society. States have, at once time or another, forbidden women to work at certain jobs, to engage publicly in certain sports, to work while pregnant, or to collect unemployment benefits when on maternity leave. Until 1968 a Connecticut statute provided that a woman serve a three-year indeterminant sentence at the “State Farm” for a crime for which a man could be sentenced to only eighteen months in jail, and until 1982 a state could still establish a one-sex school, while onerace schools were held to deny equal protection of the laws. Even greater is the private discrimination against women. As with blacks, some employers simply refuse to hire women, hire them only for secretarial or clerical jobs, or pay them only about 60 percent of what they would pay a man for comparable work. Section 703(a) of the Civil Rights Act of 1964 provided the first nationwide prohibition against discriminatory hiring practices affecting women, and Phillips v. Marietta Corp. (1971) the Supreme Court held that the act forbade the corporation to refuse to hire a woman with preschool-age children when it hired men with such children. CICL, Page 313

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(219) Hereunder are excerpts from the book INTRODUCTION TO SOCIOLOGY by GERDA LERNER Moreover, for more than 2500 years women have been educationally disadvantaged and deprived of the conditions under which to develop abstract thought. Obviously thought is not based on sex; the capacity for thought is inherent in humanity; it can be fostered or discouraged, but it cannot ultimately be restrained. Universally, women of all classes had less leisure time than men, and, due to their child-rearing and family service function. what free time they had was generally not their own. indoctrination; educational deprivation; the denial to women of knowledge of their history; the dividing of women, one from the other, by defining “respectability” and “deviance” according to women’s sexual activities; by restraints and outright coercion; by discrimination in access to economic resources and political power; and by awarding class privileges to conforming women. Yet there have always existed a tiny minority of privileged women, usually from the ruling elite, who had some access to the same kind of education as did their brothers. From the ranks of such women have come the intellectuals, the thinkers, the writers, the artists. It is such women, throughout history, who have been able to give us female perspective, an alternative to and rocentric thought. They have done so at a tremendous cost and with great difficulty: “A feminist world-view will enable women and men to free their minds from patriarchal thought and practice and al last to build a world free of dominance and hierarchy, a world that is truly human. The sexuality of women, consisting or their sexual and their reproductive capacities and services, was commodifed even prior to the creation or Western civilization. The development of agriculture in the Neolithic period fostered the inter-tribal “exchange of women,” not only as a means of avoiding incessant warfare by the cementing of marriage alliances but also because societies with more women could produce more children. In contrast to the economic needs of hunting/gathering societies, agriculturists could use the labor of children to increase production and accumulate surpluses. Men-as-a-group had rights in women which women-as-a-group did not have in men. Women themselves became a resource, acquired by men much as the land was acquired by men. Women were exchanged or bought in

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(220) marriages for the benefit of their families; later, they were conquered or bought in slavery, where their sexual services were part of their labor and where their children were property of their masters. In every known society it was women of conquered tribes who were first enslaved, whereas men were killed. It was only after men had learned how to enslave the women of groups who could be defined as strangers, that they learned how to enslave men of those groups and, later, subordinates from within their own societies. It should be noted that when we speak of relative improvements in the status of women in a given society, this frequently means only that we are seeing improvements in the degree in which their situation affords them opportunities to exert some leverage within the system of patriarchy. Where women have relatively more economic power, they are able to have somewhat more control over their lives than in societies where they have no economic power. Similarly, the existence of women’s groups, associations, or economic networks serves to increase the ability of women to counteract the dictates of their particular patriarchal system. Some anthropologists and historians have called this relative improvement women’s “freedom.” Such a designation is illusory and unwarranted. Reforms and legal changes, while ameliorating the condition of women and an essential part of the process of emancipating them, will not basically change patriarchy. Such reforms need to be integrated within a vast cultural revolution in order to transform patriarchy and thus abolish it. The system of patriarchy can function only with the cooperation of women. This cooperation is secured by a variety of means. __________

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Chapter 4

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 Entry into force: 3 September 1981, in accordance with article 27 (1). The States parties to the present Convention Noting that the charter of the United Nations reaffirms faith in fundamental human rights in the dignity and worth of the human person and in the equal rights of men and women. Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex. Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights, Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women. Noting also the resolutions, declarations and recommend actions adopted by the United Nations and the specialized agencies promoting equality of rights of men and women. Concerned, however, that despite these various instruments extensive discrimination against women continues to exist. Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is the obstacle to the participation of women, on equal terms with men, in the political, social economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the

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(222) potentialities of women in the service of their countries and of humanity. Concerned that in situations of poverty women have the least access to food, health, education, training and the opportunities for employment and other needs. Convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women. Emphasizing that the eradication of apartheid, all forms of recism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of states is essential to the full enjoyment of the rights of men and women. Affirming that the strengthening of international peace and security, the relaxation of international tension, mutual cooperation among all States irrespective of their social and economic systems, general and complete disarmament, in particular nuclear systems, general and complete under strict and effective international control, the affirmation of the principles of justice, equality and mutual benefit in relations among countries and the realization of the right of peoples under alien and colonial domination and foreign occupation to self-determination and independence as well as respect for national sovereignty and territorial integrity, will promote social progress and development and as a consequence will contribute to the attainment of full equality between men and women. Convinced that the full and compete development of a country, the welfare the world and the cause of peace require the maximum participation of women on equal terms with men in all fields. Bearing in mind the great contribution of women to the welfare of family and to the development of society, so far not fully recognized, the social significance of maternity and the role of both parents in the family and in the upbringing of children, and aware that the role of women in pro-creation should not be a basis for discrimination but that the upbringing of children requires a sharing of responsibility between men and women and society as a whole. Aware that a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women,

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(223) Determined to implement the principles set forth in the Declaration on the Elimination of Discrimination against Women and, for that purpose, to adopt the measures required for the elimination of such discrimination in all its forms and manifestations. Have agreed on the following: PART I Article-1 For the purposes of the present Convention, the term â&#x20AC;&#x153;discrimination against womenâ&#x20AC;? shall mean any distinction, exclusion of restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. Article-2 States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle; (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women; (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions, the effective protection of women against any act of discrimination; (d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation, (e) To take all appropriate measures to eliminate discrimination against women by any person, organisation or enterprise;

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(224) (f)

To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women; (g) To repeal all national penal provisions which constitute discrimination against women. Article-3 State parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. Article-4 1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present. Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standard; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. 2. Adoption by states Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory. Article-5 State Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest

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(225) of the children is the primordial consideration in all cases. Article-6 States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women, PART II Article-7 States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country. Article-8 States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations. Article-9 1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change, the nationality of the wife, render her stateless or force upon her the nationality of the husband. 2. States Parties shall grant women equal rights with men with respect to the nationality of their children. PART III Article-10

225

(226) States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women: (a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in preschool, general, technical, professional and higher technical education, as well as in all types of vocational training (b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality. (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging co-education and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programes and the adaptation of teaching methods; (d) The same opportunities to benefit from scholarships and other study grants; (e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women; (f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely; (g) The same opportunities to participate actively in sports and physical education; (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. Article-11 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of

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(227) employment in order to ensure, on a basis of equality of men and women, the same rights, in particular;â&#x20AC;&#x2122; (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work. States Parties shall take appropriate measures: (a) To prohibit subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with the comparable social benefits without loss of former employment, seniority or social allowances, (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities.

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(228) (d)

To provide special protection to women during pregnancy in types of work proved, to be harmful to them. 3. Protective legislation relating to matters covered in this article shall be reviewed, periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary. Article-12 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to wealth care services including those related to family planning. 2. Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation. Article-13 States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights in particular; (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit. (c) The right to participate in recreational activities, sports and all aspects of cultural life. Article-14 1.

States parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in

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(229) order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right;

1. 2.

(a)

To participate in the elaboration and implementation of development planning at all levels;

(b)

To have access to adequate health care facilities, including information, counselling and services in family planning;

(c)

To benefit directly from social security programmes;

(d)

To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well, as inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;

(e)

To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or selfemployment;

(f)

To participate in all community activities;

(g)

To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land re-settlement schemes;

(h)

To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

PART IV Article-15 States Parties shall accord to women equality with men before the law. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals, States Parties agree that all contracts and all other private instruments of any kind with a legal effect which

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is directed at restricting the legal capacity of women shall be deemed null and void. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. Article-16 States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children, in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation, in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation. (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. PART V Article-17

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(231) 1.

For the purpose of considering the progress made in the implementation of the present Convention, there shall be established a Committee on the Elimination of Discrimination against women (hereinafter referred to as the Committee) consisting, at the time of entry into force of the convention of eighteen and after ratification of or accession to the Convention by the thirty-fifth State Party, of twenty-three experts of high moral standing and competence in the field covered by the Convention. The experts shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as the principal legal systems. The members of the Committee shall be elected by secret ballot from a list of persons nominated by states Parties. Each State Party may nominate one person from among its own nationals. The initial election shall be held six months after the date of the entry into force of the present Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the SecretaryGeneral at United Nations Headquarters. At that meeting for which two-thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of representatives of States Parties present and voting. The members of the Committee shall be elected for a term of four years, however, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee.

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(232) 6.

1. 2.

The election of the five additional members of the Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this article, following the thirty-fifth ratification or accession. The terms of two of the additional members elected on this occasion shall expire at the end of two years, the names of these two members having been chosen by lot by the Chairman of Committee. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee. For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its national, subject to the approval of the Committee. The members of the Committee shall, with the approval of the General Assembly, receive emoluments from United National resources on such terms and conditions as the Assembly may decide, having regard to the importance of the Committeeâ&#x20AC;&#x2122;s responsibilities. Article-18 State Parties undertake to submit to the SecretaryGeneral of the United Nations, for consideration by the Committee a report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention and on the progress made in this respect: (a) Within one year after the entry into force for the State concerned; (b) Thereafter at least, every four years and further whenever the Committee so requests; Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the present Convention. Article-19 The Committee shall adopt its own rules of procedure. The Committee shall elect its officers for a term or two years. Article â&#x20AC;&#x201C; 20 The Committee shall normally meet for a period of not more than two weeks annually in order to consider the reports submitted in accordance with article 18 of the present Convention.

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(233) 2.

The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the committee, Article-21 1. The committee shall, through the Economic and social Council, report annually to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of reports and information received from the states Parties. Such suggestions and general recommendations shall be included in the report of the Committee together with comments, if any, from States Parties. 2. The Secretary-General of the United Nations shall transmit the reports of the committee to the Commission on the Status of Women for its information. Article-22 The specialized agencies shall be entitled to be represented at the consideration of the implementation of such provisions of the present convention as fall within the scope of their activities. The Committee may invite the specialized agencies to submit reports on the implementation of the Convention in areas falling within the scope of their activities. PART VI Article-23 Nothing in the present Convention shall affect any provisions that are more conducive to the achievement of equality between men and women which may be contained; (a) In the legislation of a state Party; or (b) In any other international convention; treaty or agreement in force for that State. Article-2 States parties undertake to adopt all necessary measures at the national level aimed at achieving the full realization of the rights recognized in the present Convention. Article-25 1. The present Convention shall be open for signature by all States. 2. The Secretary-General of the United Nations is designated as the depositary of the present Convention.

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(234) 3.

The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary General of the United Nations. The present Convention shall be open to accession by all States Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article-26 A request for the revision of the present Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request. Article-27 The present Convention shall enter into force on the thirtieth day after the date of deposit with the SecretaryGeneral of the United Nations of the twentieth instrument of ratification or accession. For each State ratifying the present Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession. Article-28 The Secretary-General of the United Nations shall receive and calculate to all States the text of reservations made by States at the time of ratification or accession. A reservation incompatible with the object and purpose of the present convention shall not be permitted. Reservations may be withdrawn at any time by notification to this effect addressed to the SecretaryGeneral of the United Nations, who shall then inform all States thereof. Such notification shall take effect on the date on which is received. Article-29 Any dispute between two or more States Parties concerning the interpretation of application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If

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(235) within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the statute of the Court. 2. Each State Party may at the time of signature or ratification of the present Convention or accession thereto declare that it does not consider itself bound by paragraph_1 of this article. The other States Parties shall not be bound by that paragraph with respect to any State Party which has made such reservation. 3. Any State Party which has made a reservation in accordance with paragraph 2 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations. Article-30 The present Convention, the Arabic, Chinese, English, French, Russian and Spanish texts of which are equally authentic, shall be deposited with the Secretary-General of the United Nations. __________

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Chapter 5

DECLARATION ON THE ELIMINATION OF VIOLENCE AGAINST WOMEN 1993 Article 1 2-030

For the purposes of this Declaration the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical or psychological harm or suffering to women, including threats of such act coercion or arbitrary, deprivation of liberty, whether occurring in public or private life. Article 2 2-031 Violence against women shall be understood to encompass but not be limited to the following: (a) physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowryrelated violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; (b) physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; (c) physical, sexual and psychological violence perpetrated or condoned by the state, wherever it occurs. The foregoing is an acknowledgment that women suffer violence specifically because of their gender and the Declaration’s definition encompasses acts previously designated “private”. The Declaration thus seeks to end the public/private dichotomy which has characterized human rights thinking. Article 3 enumerates the rights which are afforded to women by other international instruments including the right to

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(237) life, the right to the highest standard attainable of physical and mental health, and the right not to be subjected to torture, or other cruel, inhuman or degrading treatment or punishment. Article 3 does not acknowledge that violence may impede the exercise of such rights. Under the Declaration, certain tasks are incumbent on states. Although these tasks may be perceived as being morally strict, they are not legally binding given that the Declaration has been adopted by way of a General Assembly is not a legally binding Convention Resolution. Article 4 2-032 States should condemn violence against women and should not invoke any custom, tradition or religious consideration to avoid their obligations with respect to its elimination. States should pursue by all appropriate means and without delay a policy of eliminating violence against women and, to this end, should: (a) consider, where they have not yet done so, ratifying or acceding to the Convention on the Elimination of All Forms of Discrimination Against Women or withdrawing reservation to that Convention; (b) refrain from engaging in violence against women; (c) exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether these acts are perpetrated by the state or by private persons; (d) develop penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs caused to women who are subjected to violence; women who are subjected to the mechanisms of justice and, as provided for by national legislation to just and effective remedies for the harm that they have suffered; states should also inform women of their rights in seeking redress through such mechanisms; (e) consider the possibility of developing national plans of action to promote the protection of women against any form of violence or to include provisions for that purpose in plans already existing, taking into account, as appropriate, such co-operation as can be provided by non-governmental organisations, particularly those concerned with the

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(238) (f)

(g)

(h)

(i)

(j)

(k)

issue of violence against women; develop, in a comprehensive way, preventive approaches, and all those measures of a legal, political, administrative and cultural nature that promote the protection of women against any form of violence, and ensure that re-victimisation of women does not occur because of laws insensitive to gender considerations, enforcement practices or other interventions; work to ensure, as to the maximum extent feasible in the light of their available resources and, where needed, within the framework of international cooperation that women subjected to violence, where appropriate, their children have specialised assistance, such as rehabilitation, assistance in child care and maintenance, treatment, counselling, and health and social services, facilities and programmes, as well as support structures, and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation; include in government budgets adequate resources for their activities related to the elimination of violence against women; take measures to ensure that law enforcement officers and public officials responsible for implementing policies to prevent, investigate and punish violence against women receive training to sensitise them to the needs of women; adopt all appropriate measures, especially in the field of education to modify the social and cultural patterns of conduct of men and women and to eliminate prejudices, customary practices and all other practices based on the idea of the inferiority or superiority of either of the sexes and on stereotyped roles for men and women; promote research, collect data and compile statistics, especially concerning domestic violence, relating to the prevalence of different forms of violence against women and encourage research on the causes, nature, seriousness and consequences of violence against women and on the effectiveness of

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2-033

measures implemented to prevent and redress violence against women; those statistics and findings of the research will be made public; (l) adopt measures directed towards the elimination of violence against women who are specially vulnerable to violence against women; (m) include, in submitting reports as required under relevant human rights instruments of the United Nations information pertaining to violence against women and measures taken to implement the present declaration; (n) encourage the development of appropriate guidelines to assist in the implementation of the principle set forth in the present declaration; (o) recognise the important role of the womenâ&#x20AC;&#x2122;s movement and non-governmental organisations worldwide in raising awareness and alleviating the problem of violence against women; (p) facilitate and enhance the work of the womenâ&#x20AC;&#x2122;s movement and non-governmental organisation and co-operate with them at local, national and regional levels; (q) encourage intergovernmental regional organisations of which they are members to include the elimination of violence against women in their programmes as appropriate. Article 5 The organs and specialised agencies of the United Nations system should, within their respective fields of competence, contribute to the recognition and realisation of the rights and the principles set forth in the present declaration and, to this end, should, inter alia: (a) foster international and regional co-operation with a view to defining regional strategies for combatting violence exchanging experiences and financing programmes relating to the elimination of violence against women; (b) promote meetings and seminars with the aim of creating and raising awareness among all persons of the issue of the elimination of violence against women; (c) foster co-ordination and exchange within the

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(240)

2-034

United Nations system between human rights treaty bodies to address the issue of violence against women effectively; (d) include in analyses prepared by organisations and bodies of the United Nations system of social trends and problems, such as the periodic reports on the world social situation, examination of trends in violence against women; (e) encourage co-ordination between organisations and bodies of the United Nations system to incorporate the issue of violence against women into ongoing programmes especially with reference to groups of women particularly vulnerable to women; (f) promote the formulation of violence or manuals relating to violence against women taking into account the measures referred to in the present declaration; (g) consider the issue of the elimination of violence against women as appropriate in the fulfilling their mandates with respect to the implementation of human rights instruments; (h) co-operate with non-governmental organisations in addressing the issue of violence against women. Article 6 Nothing in the present declaration shall affect any provision that is more conducive to the elimination of violence against women that may be contained in the legislation of a state or in any international convention, treaty or other instrument in force in a state. The Declaration is the culmination of an initiative of the Commission on the Status of Women recommending that the issue of violence against women should be addressed in an international instrument. The Declaration is a step forward but nevertheless the fulfilment of the objectives contained therein remain the responsibility of all states. Although the Declaration provides that states may not invoke custom and culture as a justification for discrimination against women, no time scale is prescribed to which states have to comply and the extent of a state’s “obligation” is limited to “the maximum extent feasible in the light of their available resources.”

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(241) Some womenâ&#x20AC;&#x2122;s rights advocates and analysts believe that the UN definition on gender-related violence does not go far enough and that it leaves in doubt whether issues not mentioned would constitute violenceâ&#x20AC;&#x201D;viz. female feticide or restrictive abortion policies.

United Nations Organization has formed a Committee on Elimination of Discrimination against women CEDAW, to look after, investigate and adopt means to address all matters related to all sorts of discrimination against women. ________

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Chapter 6

CHILDREN’S RIGHTS Children’s well-being is recognised by all the nations of the world, as children are the bricks from which building of a nation is made up, rather civilizations come into being through them. Thus for having good children, it is of prime importance that they are given good food for good health; good education for good character building, good lodging where they can feel secure, suitable dresses which give them dignity and self-respect. And a very important factor is environment of their homes, behaviour of their parents which greatly affects a child’s character and future behaviour towards others and the society. All the conventions about children’s rights emphasize upon giving all the good treatment conceivable to human mind, but in actual practice, for the most of the children of underdeveloped countries, such provisions are a far-off dreams. Children of under-developed countries have their own problems while the children of highly developed countries too have their problems. In poor countries, more than fifty percent children live in slums without proper clothings and good food which are prerequisite to grow up as a respectable young-men. For about 35% children, schooling is not available at all. There are others who may have schools in vicinity but they are forced to work for their living as well as for their parents, out of extreme poverty. For healthy growth of children, an opportunity to play for recreation and enjoyment is a must. In contrast to rich countries, poor countries have very poor facilities for their children due to lack of funds. Most of children play in streets or open spaces in precarious conditions as proper grounds and facilities for games like cricket, football, hockey, volleyball, tennis athletics, etc. etc. are not available but to a very limited extent. Children have no training or coaching facilities for promising ones that is why very few players, in spite of talent, make great name in world class competitions. The Convention on the Rights of the children recognises payment of social security for poor children, steps to be taken for a child’s care in his early age. It also recommends proper education, facilities for recreation and games, health-care

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(243) facilities. All such proposals are tenable in rich countries, but in the third world countries such recommendations and provisions for children’s rights are but farfetched, Children of poor countries are in no position to get their rights, not even in near future; due to the high birth rate, the situation is growing worser with time. Poor countries are not only short of funds but also poor in political systems to redress the challenge; foreign interventions in their politics make it even worser. Child Labour In 2004 AD, an estimated 246 millions children were part of work force; 44.6% of them were in Asia. 23.6% in Africa and 25.1% were in Latin America. According to International Labour Organization (I.L.O.) more than 3000 children from Vietnam were smuggled to China for domestic labour; such smuggling of children from poorer countries to richer countries is universal. In poor countries, millions of children work with their parents as bonded labour. In India in 1999, there were estimated 40 millions people who worked as bonded labour while in Pakistan 7 million people worked as labourer; they work in fields, in brick-making industry and carpet industry. Among 47 millions labourers, about 20 to 30% are children under the age of 12. Hundred of thousands children work in workshops, roadside hotels etc. while others stand on roads-sides to clean vehicles and to do menial jobs to earn their living. In Pakistan 18% of total labour force are children while in India they are 15%, Bangladesh have 31%, China have 12% children who make up part of total labour force. Child Abuses, Crimes On many occasions, street-children are held up by police for investigation of small thefts occurring in nearby areas. According to news medias’ reports, thousands are put into jail without trial, while many are put on drugs and even sodomised while in jails by adult criminals, and then they come out as polished criminals. Such ones are picked up for smuggling as well as for sexual abuse and for pornography. In the Western countries, children’s pornographic films and their use in brothels for customers’ sexual orgies are quite popular and thousands of children are smuggled from Asia and African countries to fulfil the ever growing demand of the oldest industry. In less developed countries, more than 50% children are born weak due to weak health of their mothers, and then they grow big up as malnutritioned and sometimes mentally and

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(244) physically weak or even handicapped. In India and Pakistan, there are about 7 million blind persons. Such weak children grow up to build a weak community and creates innumerable behavioural social problems. In many countries, due to political and social reasons, many millions people are forced to immigrate to neighbouring countries where they are not welcomed; millions of children undergo untenable ordeals which is a black spot on humanity. After the Russian and then the American invasion on Afghanistan, more than one million children under ten underwent an untold sufferings; such ones were those who later turned out as Taliban and suicide bombers with the greatest hatred for their killers, the Russian and the Americans. Such atrocities throughout the world especially Kampuchea, Korea, Vietnam, Palestine earned an inherent hatred for white men especially the Americans. In poor countries, poor children live side by side with children of rich people. While children of rich people live in good homes, get education in good schools, wear costly dresses and enjoy good health-care, poor children have none of the luxuries and so develop inborn hatred for rich ones. So children born in such unjust social circumstances grow up with behavioural problems as well as with psychological imbalance. In poor countries, poor families have many problems, root causes of which are economic; wives become angry with their husbands due to their inconsistent low earnings; fights within the house affect children too; many boys and girls run away from their houses and end up to live in very deplorable, unhealthy, anti-social and even immoral conditions. Every country has police departments to redress such problems, but in many cases, police itself become accomplice to the mafias who run their underworld businesses by exploiting childrenâ&#x20AC;&#x2122;s plight which add to their ordeals. In Punjab (Pakistan) in the year 2004-2005, children were involved in 154 decoity cases, 126 theft cases, 131 smuggling cases, 122 sodomy cases. Suffering Children According to International Human Rights NGOâ&#x20AC;&#x2122;s reports in 2005, twelve hundred millions Asian children live in poor conditions in Asian countries regarding their health, education and food; thanks to prolonged imperial rule of the Western countries who sucked their resources and even today, still their manipulation for extortation of their wealth continues.

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(245) At the present time, the most of sufferings which have befallen upon children of poor countries are due to ruthless, highhandedly behaviour of powerful nations. In Kampuchea, Vietnam, Korea, Afghanistan Iraq etc. etc., millions and millions of children have died during wars and later with diseases and hunger which wars caused to the nations. We find millions of children without limbs, without eye-sight and disfigurement thanks to greedy so-called civilized nations having no heart, conscience and soul to realise the plight of little beautiful children; for them only their own children have a right to live with peace and comfort while children of other nations are like insects. Children whose parents, brothers, sisters and relatives are killed or suffer heavily in wars become revengeful, criminals and even suicide bombers. This is happening at a time when the world has become a global village; U.N.O. and many universal conventions do agree and discuss in the most beautiful sympathetic words to give message that all the children should be given all the good treatment of the world. Most people of the third world realise that rich nations are only hypocrites and wolves in human faces who are least bothered by the suffrage which weak poor nations undergo. In recent times in 90’s, U.N.O. put sanctions upon Iraq which resulted in death of about a million Iraqi children due to non-availability of medicines and healthcare facilities to the new born. Who will ever shake conscious of these learned, civilized and rich ones behind such crimes against humanity? One wonders at the hardheartedness of ‘civilized’ people! Alas! For modern criminals and mafias, their political goals are more important than the colossal pain which is collateral during their military actions  provided children are not theirs! or are not the Christians or the Jews. Neglected Children In the Western countries, most women go to work; most of the children’s problems arise due to lack of attention of their parents. As marriage bond are becoming weaker day by day, especially in USA where fifty percent of children are born out of wedlock. Unfortunately, children’s fathers leave their homes leaving the young mothers to look after the children who are unable to cope with this new responsibility alone; and in many cases mothers find themselves unwilling to devote themselves to such children whose fathers were unfaithful. Such single parent child, bastard by Eastern standards, grow up in a very unfriendly atmosphere. Single parent children are usually rough, rude in

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(246) behaviour, quarrelsome, pleasure seeking, sexually corrupt like their fathers, uninterested in education, finding pleasure in going to pubs, going out with girls for short pleasures; going to betting clubs; looking television showing pornographic or crime films. Many boys become addicts of drugs, cigarettes etc. and also become easy prey for gangsters and mafias who pay them highly for unlawful services. Thus in the Western world, a good section of children are growing as socially corrupt and dangerous young-men and have become a grave social problem. In USA., there are Red-Indians, Blacks, Spanish races whose educational and economic standard is for below the White races; children of such communities have almost all those problems which children of poor countries have. According to UNICEF and NGOâ&#x20AC;&#x2122;s working for Human Rights, 1500 million children of the world live a life below poverty-level, most of them belong to the third world countries. 50% children do not get enough food and are under-nourished; 640 millions are without proper roof; 180 million work as labourers for their livelihood, 1.2 millions are smuggled to other countries; 2 millions female children work in brothels. It is a sad fact that the amount of money which people of rich countries spend upon their dogs and other pet animals and also the leftover food which they throw in dust-bins were distributed among the poor, not a single man or child will suffer hunger or be malnutritioned. In 90â&#x20AC;&#x2122;s, U.N.O. put economic sanctions upon Iraq which resulted in death of more than one million Muslim children due to lack of medicine and food. Death rate of children under five rose from 50 per thousand to 125 per thousand in 2002 A.D. due to malnutrition and non-availability of medical care.

In the third world countries, the main cause for illtreatment towards children is poverty which is the root cause of all adversaries. In addition to poverty, other causes which contribute to low performance in all aspects of life is corruption, heavy spending on defense and high rate of population growth. All poor countries have government agencies to look after childrenâ&#x20AC;&#x2122;s cause, but their efforts make a limited affect as

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(247) problem is too enormous. For example, in Pakistan, Bureau of child protection is in operation and also there is ‘neglected and destitute children Right Act 2004’ to give care to children. Such Acts and organisations exist in almost all the poor countries, but they are efficacious to a limited extent, while majority of children have no redress for their adversaries. In countries like Pakistan and India, it is not uncommon to hear about mistreatment of children due to gender difference. Male babies receive better treatment from their parents as compared to female. Even some mothers feed their male offsprings with preference while little girls are fed less and grow as weakling. Poor women gives more care to their male children as they think them to be their asset in their old age in a joint family system while girls after marriage go to else’s house and are of less use for the parents. Though in actual practice, the girls love and serve their parents more sincerely than the boys. Unfortunately, in some poor countries, especially in some parts of India, pregnant women get the help of ultrasound technique to ascertain the gender of their coming babies and then get aborted if it is female; it is very sad story as many millions abortions occur due to this cause. Hereunder is an observation of a Western writer depicting problems of new born in France in eighteenth century. Now-adays the problem is even more worse and widespread throughout Europe and U.S.A. In 1780, Lieutenant Lenoir of the Paris police noted, not without some bitterness, that only 1,000 of the 21,000 babies born each year in Paris were being breast-fed by their mothers. Another its thousand new-borns, the children of privileged families, were being breast-fed by live-in wet nurses, while the rest were taken from their mothers and sent to wet nurses outside Paris.

Many children died having never received direct care from their mothers. Those who did live to return to the family home several years later found themselves strangers to the women who had brought them into the world. Many such reunions were far from joyful occasions, the mothers seeming very little concerned with what is seen today as the child’s natural need for affection. (Ref. Mother Love: Myth and Reality by Elizabeth Badinter)

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(248) United Nations Organization has formed a Committee on the Rights of Children, CRC, to look after, observe and ensure that states give due rights to their children. United Nations International Children’s Emergency Fund (UNICEF), created by United Nations General Assembly on December 11, 1946 to provide emergency food and healthcare to children in countries that had been devastated by World War II in 1953. Now it provides humanitarian and development system to both children and mothers in developing countries. Its funds are provided by governments and private donors amounting to $2,781,000,000 in 2006. UNICEF works for children’s right and helping. It has 36 national committees all over the world busy in helping children faced with disaster due to political violence, nature’s calamities e.g. tsunami danger due to social and moral reasons e.g. AIDS.

UNO has pronounced Ten Children’s Rights. These are: 1. Right to be loved. 2. Right to nutritious food and good health. 3. Right to education. 4. Right to entertainment coupled with proper physical growth. 5. Right to get his/her nationality in his/her name 6. Right to get other’s attention in distress. 7. Right to relief in cases of natural calamities. 8. Right to nurture and develop their inherent skills and abilities so as to be a useful member of the society. 9. Right to nurture humanitarian values and goodwill with others. 10. Right to guard against forces dividing the country on caste, religion and other grounds. ________

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Chapter 7

THE CONVENTION ON THE RIGHTS OF THE CHILD The Convention on the Rights of the Child is a universally agreed set of standards and obligations which place children center-stage in the quest for a just, respectful and peaceful society. It spells out the basic human rights for all children, everywhere, all the time; the right to survival; to develop to the fullest; to protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life. The Convention protects these rights by setting standards in health care, education as well as legal, civil and social services. These standards are benchmarks against which progress can be assessed and States that ratify the Convention are obliged to keep the best interests of the child in mind in their actions and policies. The Convention rests on four foundation principles: 1. non-discrimination (article 2); 2. best interests of the child (article 3); 3. the childâ&#x20AC;&#x2122;s right to life, survival and development (article 6); 4. and respect for the views of the child (article 12). Every child regardless of where they are born, the race or ethnic group they belong to, whether they are a boy or girl, rich or poor, must have a full opportunity to become a productive member of society and must have the right to speak up and be heard. The Convention defines a child as a boy or girl under the age of 18 and considers a child as both an individual as well as a member of a family and a community. A child is a human being with the full range of rights. The Convention on the Rights of the Child This series of commitments was agreed to on 20 November 1959 by the United Nations General Assembly and since then 191 States have ratified it. It is the most widely adopted international human rights treaty in history.

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(250) The Convention on the Rights of the Child will provide the underlying framework for negotiations during the UN Special Session on Children in May 2002. The States Parties to the present Convention Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of Freedom, Justice and peace in the world. Bearing in mind that the peoples of the United Nations have in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person and have determined to promote social progress and better standards of life in larger freedom. Recognizing that the United Nations has in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms so forth therein, without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance. Convinced that the family, as the fundamental group of society and the natural environment for the growth and wellbeing of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community, Recognizing that the child for the full and harmonious development of his or her personality should grow up in a family environment, in an atmosphere of happiness, love and understanding. Considering that the child should be fully prepared to live an individual life in society and brought up in the spirit of the ideals proclaimed in the Charier of the United Nations and in particular in the spirit of peace, dignity, tolerance freedom, equality and solidarity. Bearing in mind that the need to extend particular care to the child has been stated in the Geneva Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959

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(251) and recognised in the Universal Declaration of Human Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the International Covenant on Economic. Social and Cultural Rights (in particular in article 10) and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children, Bearing in mind that as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”. Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to roster Placement and Adoption Nationally and Internationally: the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules); and the Declaration on the Protection of Women and Children in emergency and Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally difficult conditions and that such children need special consideration. Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child. Recognizing the importance of international co-operation for improving the living conditions of children in every country, in particular in the developing countries. Have agreed as follows: Part I Article 1 For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. Article 2 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind irrespective of the child’s or his or her parent’s or legal guardian’s race colour, sex, language, religion, political or other opinion national, ethnic or social origin, property, disability, birth or other status,

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(252) 2.

States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the childâ&#x20AC;&#x2122;s parents, legal guardians, or family members. Article 3 1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. 2. States Parties undertake to ensure the child such protection and care as is necessary for his or her wellbeing, taking into account the rights and duties of his or her parents, legal guardians or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff as well as competent supervision. Article 4 States Parties shall undertake all appropriate legislative administrative and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights. States Parties shall undertake such measures to the maximum extent of their available resources and where needed, within the framework of international co-operation. Article 5 States Parties shall respect the responsibilities, rights and duties of parents or where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention. Article 6 1. States Parties recognize that every child has the inherent right to life.

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(253) 2.

States Parties shall ensure to the maximum extent possible the survival and development of the child. Article 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field in particular where the child would otherwise be stateless. Article 8 1. States Parties undertake to respect the right of the child to preserve his or her identity including nationality, name and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity. Article 9 1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the childâ&#x20AC;&#x2122;s place of residence. 2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known. 3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the childâ&#x20AC;&#x2122;s best interests. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the

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(254) custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned. Article 10 1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. 2. A child whose parents reside in different States shall have the right to maintain on a regular basis, save in exceptional circumstances personal relations and direct contacts with both parents. Towards that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States Parties shall respect the right of the child and his or her parents to leave any country, including their own and to enter their own country. The right to leave any countryâ&#x20AC;&#x2122; shall be subject only to such restrictions as are prescribed by law and which are necessary to protect the national security, public order (order public), public health or morals or the rights and freedoms of others and are consistent with the other rights recognized in the present Convention. Article 11 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements. Article 12

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(255) 1.

States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. Article 13 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the childâ&#x20AC;&#x2122;s choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (order public), or of public health or morals. Article 14 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3. Freedom to manifest oneâ&#x20AC;&#x2122;s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. Article 15 1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public

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(256) order (order public), the protection of public health or morals or the protection of the rights and freedoms of others. Article 16 1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family home or correspondence, nor to unlawful attacks on his or her honour and reputation, 2. The child has the right to the protection of the law against such interference or attacks. Article 17 States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall: (a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29: (b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources. (c) Encourage the production and dissemination of childrenâ&#x20AC;&#x2122;s books: (d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous: (e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18, Article 18 1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have common responsibilities for the upbringing and development of the child. Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. The best interests of the child will be their basic concern,

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(257) 2.

For the purpose of guaranteeing and promoting the rights set forth in the present Convention. States Parties shall render appropriate assistance to parents and legal guardians in the performance of their child-rearing responsibilities and shall ensure the development of institutions. Facilities and services for the care of children. 3. States Parties shall take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible. Article 19 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse neglect or negligent treatment, maltreatment or exploitation including sexual abuse while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and as appropriate, for Judicial involvement. Article 20 1. A child temporarily or permanently deprived of his or her family environment or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State. 2. States Parties shall in accordance with their national laws ensure alternative care for such a child. 3. Such care could include inter alia foster placement, kafalah of Islamic law adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a childâ&#x20AC;&#x2122;s upbringing and to the childâ&#x20AC;&#x2122;s ethnic, religious, cultural and linguistic background.

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(258) Article 21 States Parties that recognise and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the childâ&#x20AC;&#x2122;s status concerning parents, relatives and legal guardians and that if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; (b) Recognize that inter-country adoption may be considered as an alternative means of childâ&#x20AC;&#x2122;s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the childâ&#x20AC;&#x2122;s country of origin: (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption: (d) Take all appropriate measures to ensure that in intercountry adoption, the placement does not result in improper financial gain for those involved in it; (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs. Article 22 1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable rights set forth in the present Convention and in other international human rights or humanitarian instruments to which the said States are Parties.

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(259) 2.

For this purpose. States Parties shall provide, as they consider appropriate, co-operation in any efforts by the United Nations and other competent intergovernmental organizations or non-governmental organizations cooperating with the United Nations to protect and assist such a child and to trace the parents or other members of the family of any refugee child in order to obtain information necessary for reunification with his or her family. In cases where no parents or other members of the family can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his or her family environment for any reason, as set forth in the present Convention. Article 23 1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent life, in conditions which ensure dignity, promote self-reliance and facilitate the childâ&#x20AC;&#x2122;s active participation in the community. 2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the childâ&#x20AC;&#x2122;s condition and to the circumstances of the parents or others caring for the child. 3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child and shall be designed to ensure that the disabled child has effective access to and receives education, training, health-care services, rehabilitation services, preparation for employment and recreation opportunities in a manner conducive to the childâ&#x20AC;&#x2122;s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development 4. States Parties shall promote, in the spirit of international cooperation the exchange of appropriate information in the field of preventive health care and of medical,

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(260) psychological and functional treatment of disabled children, including dissemination of and access to information concerning methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to improve their capabilities and skills and to widen their experience in these areas. In this regard, particular account shall be taken of the needs of developing countries. Article 24 1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. 2. States Parties shall pursue full implementation of this right and in particular, shall take appropriate measures (a) To diminish infant and child mortality, (b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care: (c) To combat disease and malnutrition, including within the frame work or primary health care through inter alia the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution: (d) To ensure appropriate pre-natal and post-natal health care for mothers: (e) To ensure that all segments of society in particular parents and children, are informed, have access to education and are supported in the use of basic knowledge of child health and nutrition, the advantages of breast feeding, hygiene and environmental sanitation and the prevention of accidents: (f) To develop preventive health-care, guidance for parents and family planning education and services.

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(261) 3.

States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children. 4. States Parties undertake to promote and encourage international co-operation with a view to achieving progressively the full realization of the right recognized in the present article. In this regard, particular account shall be taken of the needs of developing countries. Article 25 States Parties recognize the right of a child who has been placed by the competent authorities for the purposes of care protection or treatment of his or her physical or menial health, to a periodic review of the treatment provided to the child and all other circumstances relevant to his or her placement. Article 26 1. States Parties shall recognize for even child the right to benefit from social security including social insurance and shall take the necessary measures to achieve the full realization of this right in accordance with their national law. 2. The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child as well as any other consideration relevant to an application for benefits made by or on behalf of the child. Article 27 1. States Parties recognize the right of even child to a standard of living adequate for the childâ&#x20AC;&#x2122;s physical, mental, spiritual, moral and social development. 2. The parent(s) or others responsible for the child have the primary responsibility to secure within their abilities and Financial capacities, the conditions of living necessary for the childâ&#x20AC;&#x2122;s development. 3. States Parties, in accordance with national conditions and within their means shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need, provide material assistance and support programmes particularly with regard to nutrition, clothing and housing. 4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child from the

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(262) parents or other persons having financial responsibility for the child, both within the State Party and from abroad, in particular, where the person having Financial responsibility for the child lives in a State different from that of the child, States Parties shall promote the accession to international agreements or the conclusion of such agreements, as well as the making of other appropriate arrangements. Article 28 1. States Parties recognize the right of the child to education and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory and available free to all: (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means: (d) Make educational and vocational information and guidance available and accessible to all children: (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates 2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the childâ&#x20AC;&#x2122;s human dignity and in conformity with the present Convention. 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries. Article 29 1. States Parties agree that the education of the child shall be directed to:

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The development of the childâ&#x20AC;&#x2122;s personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and Fundamental Freedoms, and for the principles enshrined in the Charter of the United Nations. (c) The development of respect for the childâ&#x20AC;&#x2122;s parents, his or her own cultural identity language and values. For the national values of the country in which the child is living, the country, from which he or she may originate, and for civilizations different from his or her own: (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment. 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State. Article 30 In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language. Article 3I 1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts. 2. States Parties shall respect and promote the right of the child to participate fully in cultural and artistic activity and shall encourage the provision of appropriate and

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(264) equal opportunities for cultural artistic recreational and leisure activity. Article 32 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the childâ&#x20AC;&#x2122;s education, or to be harmful to the childâ&#x20AC;&#x2122;s health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative administrative, social and educational measures to ensure the implementation of the present article. To this end and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment: (b) Provide for appropriate regulation of the hours and conditions of employment; (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article Article 33 States Parties shall take all appropriate measures, including legislative administrative, social and educational measures to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties and to prevent the use of children in the illicit production and trafficking of such substances. Article 34 States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse for these purposes. States Parties shall in particular take all appropriate national bilateral and multilateral measures to prevent; (a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use of children in pornographic performances and materials. Article 35

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(265) States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of the sale of or traffic in children for any purpose or in any form. Article 36 States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the childâ&#x20AC;&#x2122;s welfare. Article 37 States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall he imposed for offences committed by persons below eighteen years of age: (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time: (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person and in a manner which takes into account the needs of persons of his or her age in particular, every child deprived of liberty shall be separated from adults unless it is considered in the childâ&#x20AC;&#x2122;s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority and to a prompt decision on any such action. Article 38 1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child,

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States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities. 3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest. 4. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. Article 39 States Parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse: torture or any other form of cruel, inhuman or degrading treatment or punishment: or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child. Article 40 1. States Parties recognize the right of every child alleged as accused of or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. 2. To this end and having regard to the relevant provisions of international instruments. States Parties shall, in particular, ensure that: (a) No child shall be alleged as be accused of or recognized as having infringed the penal law by reason of ads or omissions that were not prohibited by national or international law at the time they were committed:

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(i) (ii)

(iii)

(iv)

(v)

(vi)

(vii)

(a)

(b)

Every child alleged as or accused of having infringed the penal law has at least the following guarantees: To be presumed innocent until proven guilty according to law: To be informed promptly and directly of the charges against him or her and if appropriate through his or her parents or legal guardians and to have legal or other appropriate assistance in the preparation and presentation of his or her defence: To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians: Not to be compelled to give testimony or to confess guilt: to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality: If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or Judicial body according to law: to have the free assistance of an interpreter if the child cannot understand or speak the language used: To have his or her privacy fully respected at all stages of the proceedings. States Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular, The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law: Whenever appropriate and desirable measures for dealing with such children without resorting to

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(268) judicial proceedings, presiding that human rights and legal safeguards are fully respected. 4. A variety of dispositions, such as care, guidance and supervision orders: counselling; probation; foster care; education and vocational training programmes and other alternatives institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. Article 41 Nothing in the present Contention shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: (a) The law of a State party; or (b) International law in force for that State. Part II Article 42 States Parties undertake to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike. Article 43 1. For the purpose of examining the progress made by States Parties in achieving the realization of the obligations undertaken in the present Convention, there shall be established a Committee on the Rights of the Child, which shall carry out the functions hereinafter provided. 2. The Committee shall consist of ten experts of high moral standing and recognized competence in the field covered by this Convention. The members of the Committee shall be elected by States Parties from among their nationals and shall serve in their personal capacity, consideration being given to equitable geographical distribution, as well as to the principal legal systems. 3. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals. 4. The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address

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8. 9. 10.

11.

a letter to States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating States Parties which have nominated them and shall submit it to the States Parties to the present Convention. The elections shall be held al meetings of States Parties convened by the Secretary-General United Nations Headquarters. At those meetings, for which two thirds of States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting, The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. The term of five of the members elected at the first election shall expire at the end of two years, immediately after the First election, the names of these five members shall be chosen by lot by the Chairman of the meeting, If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee, The Committee shall establish its own rules of procedure, The Committee shall elect its officers for a period of two years. The meetings of the Committee shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention,

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With the approval of the General Assembly, the members of the Committee established under the present Convention shall receive emoluments from United Nations resources on such terms and conditions as the Assembly may decide. Article 44 1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights: (a) Within two years of the entry into force of the Convention for the State Party concerned: (b) Thereafter every five years, 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned. 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted in accordance with paragraph I (b) of the present article, repeat basic information previously provided. 4 The Committee may request from States Parties further information relevant to the implementation of the Convention. 5. The Committee shall submit to the General Assembly, through the Economic and Social Council, every two years, reports on its activities. 6. States Parties shall make their reports widely available to the public in their own countries. Article 45 In order to foster the effective implementation of the Convention and to encourage international co-operation in the field covered by the Convention; (a) The specialized agencies, the United Nations Childrenâ&#x20AC;&#x2122;s Fund and other United Nations organs shall be entitled to be represented at the consideration of the implementation of such

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(b)

(c)

(d)

provisions of the present Convention as fall within the scope of their mandate. The Committee may invite the specialized agencies, the United Nations Children’s Fund and other competent bodies as it may consider appropriate to provide expert advice on the implementation of the Convention in areas falling within the scope of their respective mandates. The Committee may invite the specialized agencies, the United Nations Children’s Fund and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities: The Committee shall transmit, as it may consider appropriate, to the specialized agencies the United Nations Children’s Fund and other competent bodies, any reports from States Parties that contain a request, or indicate a need for technical advice or assistance, alongwith the Committee’s observations and suggestions, if any, on these requests or indications; The Committee may recommend to the General Assembly to request the Secretary-General to undertake on its behalf studies on specific issues relating to the rights of the child: The Committee may make suggestions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties. Part III

Article 46 The present Convention shall be open for signature by all States. Article 47 The present Convention is subject to ratification. Instruments of ratification shall be deposited with the SecretaryGeneral of the United Nations. Article 48

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(272) The present Convention shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations, Article 49 1. The present Convention shall enter into force on the thirtieth day following the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying or acceding to the Convention after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the deposit by such State of its instrument of ratification or accession Article 50 1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that within four months from the date of such communication, at least one third of the States Parties favour such a conference the SecretaryGeneral shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment, adopted in accordance with paragraph of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted. Article 51 1. The Secretary-General of the United Nations shall receive and circulate to all States the text of reservations made by States at the time of ratification or accession.

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(273) 2.

A reservation incompatible with the object and purpose of the present Convention shall not be permitted. 3. Reservations may be withdrawn at any time by notification to that effect addressed to the SecretaryGeneral of the United Nations, who shall then inform all States. Such notification shall take effect on the date on which it is received by the Secretary-General. Article 52 A State Party may denounce the present Convention by written notification to the Secretary-General of the United Nations. Denunciation becomes effective one year after the date of receipt of the notification by the Secretary-General. Article 53 The Secretary-General of the United Nations is designated as the depositary of the present Convention. Article 54 The original of the present Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness thereof the undersigned plenipotentiaries, being duly authorized thereto by their respective governments, have signed the present Convention. __________

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ISLAM AND CHILDREN In Islam, initial upbringing of a child is mother’s responsibility while father’s responsibility is to provide food and other amenities of life. The foremost responsibility of a father is to give education to children, both male and female, and teach good behaviour. A child’s right over his father are to give him good name; to give him good place to live; and to teach him good manners. Majma-Al-Zawa’ed A child’s right over his father are to teach how to read and write; how to swim and to teach him the art of archery (shooting); and give him pure food only; and when he is adult, arranges his marriage. Misc. Coll. There is no present which a father gives to his son (or daughter) is better than the teaching of good manners. Misc. Coll. Child, whether a boy or a girl should be given good education, especially the girls as only educated mothers build a good nation. A Muslim father is ordained to teach his growing child some profession so that he can make his living by lawful means. Also a father should teach his child the art of archery or in other words, in the present era, the art of warfare to defend his religion and country. The most important thing which a child is supposed to learn is character building. It is a father’s duty to keep authority over the children so that they listen to him, obey him and learn to give respect to elders, friends and everyone. A father is strictly ordained to show equality to all the children. If one child is given a gift, everyone must also be given. But if a father brings some fruit or sweets, then he must show preference by giving it first to his daughters; and when he comes back home, then he should kiss his children, starting from the daughters. Again boys are supposed to show extra love and regards for their sisters in preference to the brothers. Thus in Islamic house system, females are more respectable than males. The Prophet said:

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(275) Fear Allah; show equal love to all your children, just as you love equal good behaviour from them all. If one of the following four enters into a home, it will destroy it and there will no blessing in it; these are dishonesty, theft, liquor drinking and adultery. Whoso wants that his children should not be disobedient, then he must teach his children to do good. When a husband looks at his wife with love, Allah too looks at them with love. It is a duty of father to teach his children to read and write; when they are adult, then arrange their marriages. A father’s duty is to provide his children a good place to live; and teach good manners to them. It is a father’s duty to teach his children to swim and the art of archery. Children learn at early stage which is lasting. Reminder to a little boy is like a print on stone; while reminder to a person after he is grown-up is like to write upon water. Children should be told about their duties towards society at early stage; not only one is supposed to do good works but also develop spirit of sacrifice which is the best quality. Parents must not neglect children and must keep a constant contact with their children and converse with them on all aspects of life and keep themselves close to them; keeping away from children may lead to break apart the family atmosphere. The Holy Qur’an asks the Muslims to pray:

And who say: Our Lord! Grant us coolness of eyes in our wives and our offspring, and make us model for (all) the righteous. Al-Furqan 25:74) So in order to achieve coolness of heart and eyes, the prime responsibility is upon the father, then the mother. Children are mirror of their parents. Children should be taught at an early stage that goodness done to another Muslim or non-Muslim or even an animal is a noble act in the sight of Allah; no discriminations should be done on the basis of religion, colour or race; such magnanimity is to be cultivated in a Muslim child’s mind from the very start. And when a child grows into a young man, he should be ready to wage

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(276) a Holy Jehad with his knowledge, his wealth and even by sacrificing his life for combating injustice and oppression in the society. So in the modern time, as children are given education which is usually about science and social aspects, but religious education in the light of the Holy Qurâ&#x20AC;&#x2122;an is a must; it must be understood that in all non-Islamic societies, religious education may be blasphemous, biased, manipulated leading to wrong direction which has a negative effect on an intelligent manâ&#x20AC;&#x2122;s mind and thus has received disapproval and has made a Western mind a reactionary, anti-religious and anti-Islamic; thanks to antiIslam propaganda by agencies with vested interest. ________

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PART IV  Rights to Honour & Dignity  Rights of Prisoners (Geneva Convention)  Rights of Civilians in Time of War (Geneva Convention)  Rights of Wounded and Sick (Geneva Convention)  Rights to Justice  Rights to Education & Information

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Chapter 1

HONOUR â&#x20AC;&#x201D; DIGNITY In Islam, all men are equally honourable and dignified, and the difference of colour and race is only for distinction to recognise each bother, without any inherent difference or superiority.

Indeed We have created man with the best measurement.At-Teen 95:4 Verily We have honoured the children of Adam, We carry them on the land and the sea, and give them provisions of pure things, and have blessed them with a marked preferment more than many what We have created.Bani Israel 17:70 O mankind! We created from one male and one female and have made you nations and tribes that you may recognize one another. Surely, the noblest of you in the sight of Allah is the most virtuous: Verily Allah is Knower, Aware. Al-Hujuraat 49:13 The Prophet (S.A.W.) said: O mankind! Your Lord is One, your father is one, all are from Adam and Adam was from dust. Verily, the noblest among you before Allah is he who is the most virtuous. No excellence an Arab has over non-Arab but by his virtues. Now we quote different instructions, of Prophet Muhammad (S.A.W) about honour and dignity: Show equality; do not differentiate lest your hearts may differ. The lowliest among all men is he who insults other people. Refrain from all such acts for which you may have to say sorry later. Fear Allah and keep your mutual relations good. The acts which Allah loves the best are to feed a hungry person; to pay off poor manâ&#x20AC;&#x2122;s debt; to relieve someone from pain; to control the speech. After obligatory acts, the most lovable act is that which pleases another Muslim.

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(279) The government is the guardian of the one, who has no guardian. If anyone dies in debt or leaves behind dependents without means, then come to me as I (or the government) am his guardian. If your neighbour calls you good, then you are good; if your neighbour calls you bad then you are bad. A neighbourâ&#x20AC;&#x2122;s respect for his neighbour is as binding as is his life. When Allah intends a nation to prosper then He cultivates a character of generosity and piety; when He intends to destroy a nation then He cultivates among them a character of dishonesty. When Allah intends goodness for a nation, then He puts upon them wise rulers; their judges are men of knowledge; their wealth and economy is in the hands of kind and generous people. When Allah intends badness for a nation, then He appoints upon them stupid rulers; their judges are illiterate, their economy is in the hands of misers.

When Allah desires for a nation to rise, then He makes majority of them educated while only a minority is illiterate. When educated ones speak, everyone gives assent, but when illiterate ones speak, everyone rejects it. But when Allah desires for a nation evilness, then illiterate ones become in majority while educated ones become a minority. When illiterate ones speak, people give their assent but when educated ones speak, people show their resentment. When your rulers are good and rich ones among you are generous and your matters are settled by mutual consultation then you will have all the goodness of the world. The best of character is to reestablish ties with the one who breaks away from you; send gifts to the one who deprives you; and forgive the one who committed wrong to you. Be good to your parents, then your children will be good to you too. The above verses of the Holy Qurâ&#x20AC;&#x2122;an and Prophet Muhammadâ&#x20AC;&#x2122;s (S.A.W.) commandments are directed to whole mankind, and it destroyed age old claim of Arians, the Jews and

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(280) the White races, of any superiority by birth. All the Muslims believe that all men are equal and honourable, Allah has created all men with the best measurement. All men have the same origin and are thus one family. All men are the children of same parents. Colour difference gives superiority to none. All men are born with different qualities, capabilities and nature; so their jobs and responsibilities are different. Honour, of a man is by good works i.e. piety, but this shall not make a man proud and think himself superior such as to look down upon others. All men have different qualities. Some have certain good qualities while others may have good qualities of different nature. Every man has certain bad qualities as well. In the light of this, no nation is superior over other on racial ground; this is Prophet Muhammad’s teachings’ fundamental principle which he brought for the whole mankind. Alas! This golden principle is violated all over the world irrespective of religions and nations. White nations loudly claim themselves to be superior than non-whites. In India, Brahmin, Khshtriya and Vaishyas always claimed themselves superior to non-Aryans i.e. Shudras and Delits. Even among Muslims, people with large land holdings and wealth look down upon their labourers and poor ones; this is an inherent weakness. Adolf Hitler claimed his German nation to be a superior race and then brought about great destruction to many neighbouring nations; the Jews received a special treatment in holocaust. The Jews, after getting power themselves, repeated the same atrocities, if not more, against the Palestinians for about 70 years or so. In India, when Muslims conquered it, the Hindus declared converted Muslims as untouchables. After partition in August 1947, many thousand mass killings of the Muslims occurred at the hand of the Hindus with the burning of properties, business places, and rapes  no single nation is free from racial hatred not even the Muslims, in spite of clear instructions from Allah. This is because pride, arrogance and criminal instinct is hidden somehow in all the human beings which is highly deplorable and un-Islamic. Only concerted effort based upon the Islamic principles can bring about love and emancipation among all nations, just principles written in UNO’s Human Rights cannot bring about a change of hearts. Only a firm belief in God Almighty’s commandments can make men to ponder into themselves, acquire self-realization and a faith in love among

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(281) all the races of mankind. This divine ideology can bring about peace and harmony among the people. But unfortunately, far from above, there are some unworthy people who further the theory of clash of civilizationssuch men are ungodly materialists, ruthless and hardhearted intending to bring about disaster all over the world for their vested interest. Unless a stop is put to the designs of such evil men, who are wolves in human form and Devil reincarnated, world will lead itself to age of intolerance, crime, murder and insecurity. Many eminent writers agree that mediation of Islam is a must for world peace. “The extinction of race consciousness as between Muslims is one of the outstanding achievements of Islam.” (A.J.Toynbee, Civilization on Trial, New York 1948). “The nobility and broad tolerance of this creed, which accepts as God-Inspired all the real religions of the world, will always be a glorious heritage for mankind. On it could indeed be built a perfect world religion.” (Duncan Greenlees, M.A.(Oxen), “The Gospel of Islam,” Adyar 1948). “As a religion the Mohamedan religion, it must be confessed, is more suited to Africa than is the Christian religion, indeed, I would even say that it is more suited to the world as a whole”. (Lancelot Lawton, “The Sphere,” London 1928). I hope the time is not far off when I shall be able to unite all the wise and educated men of all the countries and establish a uniform regime based on the principles of the Qur’an which alone are true and which alone can lead men to happiness. (Napoleon Bonaparte in “Bonaparte et L, Islam,” Paris by Cherfils). “If ever the opposition of the great societies of the East and West is to be replaced by cooperation, the Mediation of Islam is an indispensable condition.” (H.A.R.Gibb “Whither Islam,” London, 1932) Human dignity and honour involves that all men are treated with justice and given justice on equal grounds; and others’ peace and freedom is not jeopardised and no interference shall be made to injure a man’s basic rights of liberty. No distinction be made on sexual ground; if distinction is to be made, then women should be preferred and more respected. Women are honour of a family, so it is binding upon men to honour others’ women; not to behave in a manner which is

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(282) insulting, and not to entice them or behave in a way which leads to immorality. Islamic faith is very strict about women, safeguarding their honour and virtues. A woman’s honour is as sacred and inviolable as is a man’s life. But in the Western society there is no restriction upon men and women’s union which inevitably leads to immorality. No doubt, many Muslims are too following the West and the adverse results are coming to surface, which is evident by increasing rate of divorce. Undoubtedly divorce is destructive for a society and a great psychological blow for the divorcees and thence they are more prone to immorality. An honourable character and an honourable treatment towards others cannot be achieved by going to educational institutions but it can only be learnt by character building by the parents, the teachers and elders who shall make efforts in this respect and also by their own role models. That’s why Prophet Muhammad (SAW) said:

The best present of all presents which a father gives to his child is teaching of respectable behaviour. Tirmzi-Baihaqi A person who doesn’t respect our elders and doesn’t love our children is not one of us. No person or a group of persons has a right to defame a person by any statement. Laws of all the countries allow defamation suits in a court of law for redresser and can claim monetary compensation for the injury done to the defamed one. War Crimes In the age of colonialism, the colonized nations received great battering at the hands of their foreign rulers; their voices were suppressed mercilessly and they were punished in terrifying manners to be an example for others in future. Especially when a suspect was caught by police to unearth a crime, the suspects were beaten up brutally and were given third degree tortures. Even suspects’ relatives were arrested and their women were dishonoured. This custom continued even after colonial rules was over. In Pakistan and India, these methods are still in practice and accused receive very dishonourable and degrading treatment especially when they are poor; many police reforms are made from time to time to abolish old colonial practices but it has met with a limited success. After USA’s attack on Afghanistan and Iraq, we hear gruesome tales of torture of prisoners in jails; most notorious of them are Abu Ghreeb and Guantanamo jails. In Israel, Palestinian prisoners are given very humiliating inhuman treatment. Many prisoners were reported bitten by dogs, some

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(283) were undressed and sexually abused; some were wounded and shot at. Hundreds of women’s corpses were found who were raped and then shot dead. Such incidences also happened during Korean and Vietnam wars, thousands of young women were raped and then shot deadsuch incidences are the most deplorable and a stigma upon mankind. Thus, degrading and inhuman treatment of prisoners is a universal phenomenon; it is not only due to social differences and political differences, but law enforcement agencies all over the world consider it as their right to use every feasible method during interrogations to force the prisoners to speak out the truth. Many times, prisoners do confess the crimes which they never committed; each year thousands of prisoners die due to police atrocities all over the world. In Kashmir, many Muslim women were raped by Indian army when they suspected the women to be relatives of those freedom-fighters who killed their fellow soldiers. Dishonouring of women during a war is almost a universal phenomenon used by the soldiers to lower the spirit of their enemies. In Islam, such practice is unthinkable; it is against human dignity and is a crime punishable by Islamic law even in wars. During Japan’s attack on China and its occupation for a certain period, two hundred thousand women were forcibly raped; also Japanese occupying forces raped hundred of thousands of Korean, Philippinos, Thai and Vietnamese women; some were smuggled to act as ‘comfort women’ for the soldiers. Also USA army men raped more than half a million Vietnamese women, half a million became pregnant while fifty thousand gave birth to babies; these children were later denied emigration to U.S.A. as they were not legally Americans. It is difficult for a common man to understand that how men entrusted with a noble job of protection and safekeeping can become mass rapists. Wherever American soldiers go, whether it is Japan, Vietnam, Korea, Afghanistan or Iraq, a section of soldiers become rapists. Many of women after rape are shot dead so as to leave no proof for their crimes. In USA, six women are forcibly raped in one minute; such assaults are a crime against women’s honour. But if we take those incidences into account when a man allures a woman with false promises and entices her to go to bed, then surely many thousands women are immorally intercoursed every minute. In Islam, even intercourse with consent, but without declaration of marriage, is an act of adultery, which is a crime punishable by

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(284) flogging. A woman’s honour is too sacred and precious which must be secured with strict moral discipline; chastity is a woman’s prime virtue; men are its protectors and guardians. Among many nations of the world, virginity of a girl at the time of marriage is a social and religious pre-requisite; but this is not a requirement for a girl in the West as such a virtue has gone into near extinction. So universally, a woman’s honour is at stake in the era to come. Discrimination People experience derogatory treatment and discrimination due to many causes, the most important of all is racial and religions. Other common reasons are due to sex; women all over the world experience discrimination at the hands of men. Discriminating behaviour among the Protestants and the Catholics are well-known; even wars broke out due to this schism. Ireland faces this problem even today. Among the Hindus, Shudras were treated by the ruling Arians with discrimination for thousands of years. My next door neighbours, one Catholic and the other Protestant, refuse to eat in each other’s house; this type of discrimination due to sectarian reason is prevalent among the Hindus and the Muslims even. The Jews behave with the Palestinians discriminately, while they themselves experienced the similar behaviour at the hands of the Christians of Europe resulting in many pogroms. Almost all the minorities of the world are treated with discrimination by the majority group; discrimination is thus an international phenomenon. But in some countries, even majority nation experience discrimination at the hands of the minority powerful group as in South Africa and Rhodesia where white men are dominant socially as well as politically. Discrimination is undoubtedly an inhuman behaviour and is against good moral behaviour recognised by all the right thinking people of the world. Islam declares all mankind as one family of God, and men should acquire character of God that is love for all. As God loves all good and bad ones, so should a Muslim love all beings including animals. Racial, social, religious discriminations and violence is perhaps a universal phenomenon. In India, more than one hundred thousand people, mostly Muslims, have been killed by violence errupted due to religious and cultural differences between the Muslims and the Hindus. In addition, thousands have died in fights between low caste Hindus and high caste Hindus. There is a long history of violence in Sri Lanka due to

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(285) racial difference between Tamils and Sri Lankan army and has resulted in death of many thousand people over the years. In Karachi, few decades ago, bloody clashes between Punjabis, Pathans and Mahajirs (refugees) occurred due to social differences which resulted in the death of many hundred people. In Russia, many races live together, but clashes do occur due to racial difference resulting in deaths of thousands of people. Before 1950, Jewish pogroms were quite common in which hundreds of Jews died.

Hereunder are some reports published by news media: MOSCOW: Racist attacks happen with shocking regularity in Russia and the government is shirking its responsibilities and failing to confront the problem, Amnesty International said in a report. Anyone who does not look ethnically Russian is at risk, the report said, be they an African studying in St Petersburg or somebody from the Caucasus trying to earn a living in Moscow. Young Tajik children have also been targeted by gangs of young men — and women — with neo-fascist beliefs. Attacks on Jews also seem to be on the rise, it said. Anti-racism campaigners and even fans of rap or reggae music have also suffered, Amnesty said, because the “skinheads”, as those with racist views are called in Russia, think they are “traitors”. The report may make uncomfortable reading for President Vladimir Putin as he prepares to host leaders of Group of Eight rich nations in St. Petersburg this July to showcase Russia’s credentials as a responsible, modern state. “Russia’s record on racism is incompatible with the country’s place on the international stage and undermines its standing in the world,” Irene Khan, Amnesty International’s Secretary General, said in a statement. The chaos that followed the fall of the Soviet Union bred uncertainty about Russia’s place in the world and anger at the perceived threat from immigration. Racist groups sprang up. Russia’s northern city of St. Petersburg is especially notorious for attacks. Last month a

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(286) Senegalese student, coming out of a night club with a group of friends, was killed with a shotgun embiazoned with a Nazi swastika. Barely a week goes by without news of another act of racist violence. This week in Moscow teenagers wielding chains beat a Russian man as he tried to protect his half-African nephews. The report said that the authorities had failed, until recently, to publicly recognise the attacks as a problem, with politicians ignoring the issue and the police either failing to investigate attacks at all, or investigating them inadequately. —Reuters”.

“Japan’s estimated three million Buraku people live in isolated neighbourhoods, have fewer job opportunities and poorer health and living conditions than the rest of the population. The Burakuinin minority is indistinguishable by “racial” characteristics or by religion, from other Japanese. Like the dalits or ‘untouchables’ of India, the Buraku are defined by their descent, by poverty and by the work they do. Difficult to single out from non-Buraku, they nonetheless face an invisible wall of discrimination held in place by blacklists and hearsay. Free India’s constitution prohibits ‘untouchability’ but it is practised nevertheless in villages and in towns not only by upper caste Hindus but by Muslims as well. Halaalkhors, bhangis, mehtars are groups of Muslim dalits, carry out degrading menial work, which includes carrying human refuse. For doing the work they do, they get ostracised.” In Germany, Nazis claimed themselves to be superior race and killed six million Jews whom they labelled as of inferior blood. In Ireland, clashes between Catholics and Protestants have resulted in the death of many thousand people in the last few decades. In Russia, USA, United Kingdom and other European countries, students and immigrants from Pakistan, India and African countries are beaten up or even killed by local goonda groups especially Skin Heads. My friend Hafeez Sheikh, my college fellow was critically injured by a group of white skin-

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(287) headed boys near Padington, London; our hostel warden called the police who apprehended the attackers within fifteen minutes and they were later sent to jail. Such incidences due to discrimination are common all over the world. Though Islam was and is most effective in combating race distinction but still, due to ignorance and lack of religious instructions, such incides do happen in some Muslim countries too. Hereunder we quote, from study of eminent scholars regarding Islam in this regard. 1. “The Islamic brotherhood which they proclaimed was a real thing and a new thing among Eastern nations. It is doubtful whether Christian Syrians ever felt the same sense of brotherhood with Christian Persians as Muslim Syrians did with Muslim Persians”. (Lawrence E.Browne, The Prospect of Islam, London 1944). 2. “The extinction of race consciousness as between Muslims is one of the outstanding achievements of Islam”. (A. J. Toynbee, Civilization on Trial, New York 1948). 3. “The nobility and broad tolerance of this creed, which accepts as God-inspired all the real religions of the world, will always be a glorious heritage for mankind. On it could indeed be built a perfect world religion.” (Duncan Greenlees, M.A.(Oxen), The Gospel of Islam, Adyar 1948). 4. “Has not the example of the Polish Tartars furnished us with a proof that this is possible (creation of non racialist society) and that Muslim religion is perfectly compatible with the assimilation of European culture?” (Bohdanowics, The Muslim in Poland, their Origin, History and Cultural Life). 5. The brotherhood of Mohammedanism is no mere word. All believers are equal and their own high-priest, Zeid, the exslave, led Mohammad’s troop....... The Ghaznavide dynasty was founded by the slave..... The cruel treatment of slaves has been the reproach of Europeans rather than of Eastern nations. (Dr. Leither, Muhammadanism 1893).

MINORITY’S STRUGGLE AGAINST MAJORITY With the passing of the Reconstruction era and the return of “white man’s government” to the Southern states, state laws were again adopted reminiscent of the “Black Codes” which had been passed right after the Civil War to “keep the Negro in his place.” These laws established, and enforced by criminal

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(288) penalties, a system of racial segregation under which members of the black and white races were required to be separated in the enjoyment of public and semi-public facilities. Separate schools, parks, waiting rooms, bus, and railroad accommodations were required by law to be furnished to each race; and where completely separate facilities later on proved to be not feasible, as in a dining car, a curtained partition served to separate the races. Where racial segregation was effected by private action, as in the case of stores or clubs, no constitutional issue could be raised after the decision in the Civil Rights Cases in 1883. Where the segregation was required by law, however, the question arose whether it violated the rights guaranteed to the newly freed black by the Fourteenth Amendment. This problem came to the Court for the first time in the present case, 28 years after the Amendment had been adopted. The legislature of Louisiana had passed in 1890 a statute providing “that all railway companies carrying passengers in their coaches in this state shall provide equal but separate accommodations for the white and colored races, by providing two or more passenger coaches for each passenger train, or by dividing the passenger coaches by a partition so as to secure separate accommodations….” A fine of $25 or 20 days in jail was the penalty for sitting in the wrong compartment. Plessy, a person who was one-eighth black, refused to vacate a seat in the white compartment of a railway car and was arrested for violating the statute. The Plessy case made lawful for nearly 60 years the doctrine that the Negro is not denied the equal protection of the laws by compelling him to accept “separate but equal” accommodations. There is a bit of irony in the fact that the majority opinion in the Plessy case was written by Justice Brown, a Yale man from the state of Michigan, while the eloquent protest against racial discrimination is found in the dissenting opinion of Justice Harlan, a Southerner from Kentucky. (Case in Civil Liberties, page 283) The position of the Negro today in America is the tragic but inevitable consequence of centuries of unequal treatment. Measured by any benchmark of comfort or achievement, meaningful equality remains a distant dream for the Negro. A Negro child today has a life expectancy which is shorter by more than five years than that of a white child. The Negro child’s mother is over three times more likely to die of complications in childbirth, and the infant mortality rate for

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(289) Negroes is nearly twice of that for whites. The median income of the Negro family is only 60% of that of the median of a white family, and the percentage of Negroes who live in families with incomes below the poverty line is nearly four times greater than that of whites. When the Negro child reaches working age, he finds that America offers him significantly less than it offers his white counterparts. For Negro adults, the unemployment rate is twice as that of whites, and the unemployment rate for Negro teenagers is nearly three times of that of white teenagers. A Negro male who completes four years of college can expect a median annual income of merely $110 more than a white male who has only a high school diploma. Although Negroes represent 11.5% of the population, they are only 1.2% of the lawyers and judges, 2% of the physicians, 2.3% of the dentists, 1.1% of the engineers and 2.6% of the college and university professors. The relationship between those figures and the history of unequal treatment afforded to the Negro cannot be denied. At every point from birth to death the impact of the past is reflected in the still disfavored position of the Negro. In light of the sorry history of discrimination and its devastating impact on the lives of Negroes, bringing the Negro into the mainstream of American life should be a state interest of the highest order. To fail to do so is to ensure that America will forever remain a divided society. (Case in Civil Liberties, page 312) At the time the Fourteenth Amendment was being considered, it was obvious that the Southern states, left to their own devices, would subject newly freed blacks to numerous and drastic discriminatory laws and regulations designed to prevent them from achieving anything like a status of legal equality with the white citizens of the Southern states. Accordingly the Fourteenth Amendment contains the explicit statement that no state shall “deny to any person within its jurisdiction the equal protection of the law,” a clause much clearer in its meaning than its companion clauses in the amendment relating to “due process of law” and “the privileges and immunities, of citizens of the United Stales.” The equal protection clause does not mention race, but when it first came before the Supreme Court for interpretation in the Slaughter-House Cases, in 1873, Justice Miller, with contemporary history and conditions in mind, observed: “We doubt very much whether any action of a state not

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(290) directed by way of discrimination against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.” Justice Miller’s appraisal of current history may have been correct, but his prophecy as to the limited use of the equal protection clause was very bad. Over the years, equal protection of the law has come to afford broad and general relief against all forms of arbitrary classification and discrimination, regardless of the persons affected or the character of the rights involved. In fact, blacks would probably constitute a minority of those who have invoked the equal protection clause against discriminatory treatment. The equal protection clause does not, of course, forbid all legal classification. Classification in the law is not only constitutional but desirable and necessary; it is almost impossible to conceive of a law which does not in some way employ it. But however necessary such classification and grouping is, it is a function which lends itself to abuse; and it is this abuse which the equal protection clause seeks to prevent. (Case in Civil Liberties, page 249) Following are cuttings from newspapers which throw light on abuses in so-called modern world. SARAJEVO: (06-06-2006) A Bosnian Serb was sentenced to more than 13 years in prison for crimes committed during the 1992-95 war — first verdict and sentence by Bosnia’s war crimes chamber after a year of operation. “Nedjo Samardzic is found guilty of crimes against humanity committed in 1992 and 1993 during the large-scale and systematic attacks by the Bosnian Serb army and police... he aided and abetted persecution, rape and torture,” the judge said, Samardzic, now 38, was serving a prison term for murder when he escaped and joined the Bosnian Serb army in 1992. His unit attacked Muslim villages near the eastern town of Foca, scene of some of the most gruesome atrocities in a war that claimed more than 100,000 lives. The judge said he imprisoned and tortured civilians and repeatedly raped women, including three underage girls who were held for months. Samardzic was sentenced to 12 years in jail for the wartime crimes and to another 16 months for escaping prison. Bosnia’s war crimes chamber was established in 2005 to alleviate some of the workload from the International Criminal Tribunal for the former Yugoslavia. —Reuters

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(291) On account of atrocities committed by American Army in Iraq jails and secret jails established in different places, Human Right organisations have demanded punishment for the violators of law. We hereunder quote from Newspapers which throw light over state of affairs.

Democrats Demand Bush’s Impeachment. RANDOLPH, USA: (10-04-2006) The Democratic State Committee voted to urge the US Congress to begin impeachment proceedings against President George W Bush, but decided against asking the Vermont Legislature to join that call. Margaret Lucenti, a committee member from Montpelier, said the president had misled the country into war, conducted illegal electronic spying on Americans and violated international torture treaties. “I would hope that any one of these infractions would bring the administration down... We need to restore accountability in our federal government,” she said. Adoption of the resolution makes Vermont the fifth state Democratic party committee to take such action, following New Mexico, Nevada, North Carolina and Wisconsin, party officials said. The roughly 45 Democrats who attended the meeting decided against a portion of a resolution adopted by the Rutland County Democratic Committee that would have had the Vermont Legislature use an obscure provision in US House rules to transmit a message calling for Bush’s impeachment to Congress. Michael Inners, of Grand Isle, said the rule cited by the Rutland committee actually was not part of the original “Jefferson’s Manual” that’s incorporated into US House rules. While the question of the legislature’s involvement divided those at the meeting, there appeared to be no disagreement that the president’s conduct warranted impeachment. Formal deliberations and voting were open only to the 49 members of the state committee, but an hour-long public comment period at the beginning of the meeting drew some of the most impassioned remarks. Saturday’s special meeting was called by the state

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(292) committee after Democratic committees in at least eight counties passed a form of the Rutland resolution calling for the Vermont Legislature to get involved in the impeachment effort. The vote on the resolution calling for Bush’s ouster followed rejection of an amendment that would added the name of Vice-President Dick Cheney as also warranting impeachment. While there appeared to be strong disapproval of his performance in office, several speakers noted that the resolution before the group cited several “high crimes and misdemeanours” allegedly committed by Bush for which there was insufficient evidence to implicate the vicepresident. AP

WASHINGTON: (07-05-06) US rights groups said that more than 600 military and civilian personnel have been implicated in abuse of “war-on-terror” detainees in Iraq, Afghanistan and at the US Guantanamo detention camp. The three groups who researched what they called “widespread” torture and detainee abuse by US personnel said many abuses were never investigated, or inquiries were often concluded or stalled without further action. “Two years ago, US officials said the abuses at Abu Ghraib were aberrations and that people who abused detainees would be brought to justice,” said Meg Satterthwaite of New York University’s Center for Human Rights and Global Justice, one of the groups behind the study. “Yet our research shows that detainee abuses were widespread” Satterthwaite said. The research project, also backed by Human Rights Watch and Human Rights First, examined allegations of mistreatment involving more than 460 detainees at Iraq’s Abu Ghraib prison, sites in Afghanistan and the Guantanamo camp in Cuba. They found that “many abuses were never investigated, and investigations that did occur often closed prematurely, or stalled without resolution,” said a summary of the report. Where abuses were proven and the perpetrators known, the report said, “military commanders often chose to use weak non-judicial disciplinary measures as

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(293) punishment” instead of pursuing criminal cases. “Only a fraction of the more than 600 US personnel implicated in these cases — 40 people — have been sentenced to prison.

FORT MEADE, (22-05-06) Maryland: A US general recommended dogs be used “as much as possible” to control Iraq’s Abu Ghraib prison, a key witness told a military court probing an abuse scandal that sullied America’s image. But the tribunal heard interrogators were not ordered to use unmuzzled dogs to terrify captured insurgents into spilling secrets, even as superior officers piled on the pressure for intelligence as US combat deaths mounted. Army Sergeant Santos Cardona, 32, faces up to 16-and-a-half years in prison on charges of directing his Belgian shepherd to attack one detainee, threaten a second and frighten others into soiling themselves in late 2003 and early 2004.

LONDON: Amnesty International said it had indications that jails in Djibouti, Afghanistan and eastern Europe were part of a secret US-run prison system for suspected terrorists. The London-based human rights organization said the signs came from three Yemeni men who “disappeared” in US custody and were held in secret for more than 18 months before being returned to Yemen in May 2005.

NEW YORK: Prisoners in US custody in Iraq

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(294) faced routine torture even after the 2004 Abu Ghraib scandal, with military leaders taking little or no action to curb abuses, according to a human rights group. In a report released, based on first-hand accounts from US military personnel, Human Rights Watch detailed maltreatment of detainees that ranged from severe heatings and sleep deprivation to exposure to extreme temperatures. The abuses were not just ignored but also actively organised by the military chain of command, the New York-based rights watchdog alleged. “Soldiers were told that the Geneva Conventions did not apply and that interrogators could use abusive techniques to get detainees to talk,” said John Sifton, author of the 53-page report. The US military says 14,000 prisoners are currently held in US-run detention centres in Iraq. According to the report, detainee mistreatment was an established part of the interrogation process for much of 2003-2005, despite the widespread outrage that greeted the evidence of abuse at the Abu Ghraib prison, which President George W. Bush called America’s “biggest mistake” in Iraq. (AFP).

WASHINGTON, Nov 9: United States Defence Secretary Donald Rumsfeld’s resignation leaves him vulnerable to legal action for his role in ‘authorising torture’ of ‘war on terror’ detainees, according to a lawyers’ group representing Guantanamo prisoners. “He was one of the architects of the American torture programme. That’s something for which I’m really glad to see him go,” Michael Ratner, president of the Center for Constitutional Rights (CCR), told AFP. “He’s the one who authorised a whole series of torture techniques at Guantanamo, from use of dogs, to stripping, to sexual miliation,” Mr. Ratner said, “This guy is in up to his neck in terms of authorising torture,” he said AFP.

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(295) BAGHDAD, (07-08-2006) US military hearing has examined testimony of how three soldiers took it in turns to try to rape an Iraqi girl aged 14 in Mahmudiya in March. Testifying at a hearing that will decide whether to charge five servicemen with rape and murder, Special Agent Benjamin Bierce said 23-year-old Specialist James Barker had given a detailed account of the alleged massacre. According to Barker’s sworn written statement, which was given to the probe panel, on March 12 soldiers had been drinking Iraqi whisky mixed with an energy drink and practising golf swings at a checkpoint south of Baghdad. One of the men, 20-year-old Specialist Steven Green, said that he “wanted to go to a house and kill some Iraqis”, the statement said. Four of the accused — Barker, Sergeant Paul Cortez, Private Bryan Howard, Private Jesse Spielman — agreed with Green’s plan, changed into black silk underwear and masks and set off for the family’s nearby home, it said. Barker wrote that Cortez pushed the 14-year-old to the floor. He threw her dress up over her waist and tore her underwear away. The girl tried to put her knees together and struggled with the soldiers, he wrote. Cortez and Barker attempted to rape the girl in turn. Barker “said in his statement he was having problems getting an erection and that he wasn’t sure if he penetrated her”, Bierce told the tribunal. Meanwhile, Green took the girl’s parents and fiveyear-old sister into another room. Shots rang out and he came back, saying “They’re all dead. I just killed them,” the hearing heard. Green took his turn to rape the girl, then shot her dead with a captured AK-47 assault rifle. Kerosene was poured over the girl and someone — it was not clear who — set her alight, Bierce said, citing Barker’s testimony, BBC/AFP.

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(296) BERLIN, Oct. 27-2006: The German defence force relieved two soldiers of their duties in a growing scandal over pictures of troops playing with human skulls in Afghanistan. Defence Minister Franz Josef Jung told reporters that more suspensions would follow over incriminating photos taken in 2003 and 2004 of German peacekeepers serving in the NATO-led International Security Assistance Force (ISAF). The scandal broke when Bild newspaper ran pictures of a Bundeswehr soldier mounting a skull on an ISAF patrol vehicle, and another of him holding it next to his penis. On Thursday, a television channel aired similar images which it said were taken in Afghanistan in March 2004, a year later than those published in Bild.—AFP

The above news reports confirm the belief that invading armies’ soldiers, some of them, become mentally sick or even mad, in their treatment towards their enemies; such madness is not permissible in any law, ideology, religion or cult; but unfortunately it is a wide-spread character which no soundminded human-being belonging to any part of the world or any civilization accepts; such shameful acts are a tragic part of human behaviour utterly disgusting and a stigma upon humanity. Such a savagery can be permitted by those who can’t be called humanbeing, they are brute, wolves in human bodies. May be they are single-parent children who never developed a human like character and feelings of love and tolerance due to lack of attention from their parents; thus making them psychologically sick. It is a great human tragedy that a large number of children of the West belong to single parent family, perhaps world is heading for a disaster if this trend is not checked at the earliestonly mediation of Islam is a necessity and remedy to curb such a disastrous trend. Hindusim, Judaism and Christianity have lost power to check this social evil, alas, their whole energy and focus is spent against Islam. It is now a great duty and burden upon Muslim community to rise up to meet the challenge; this is possible only if Muslim of the world unite and first improve themselves to serve as guide for the world. So improvement among the Muslims is needed in their education,

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(297) political, religious and social system, also they must work to lead in science and technology to be a model for other nations. ________

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Chapter 2 United Nations Organization has formed a committee against Torture, CAT, to look after, investigate and adopt means to address those complaints where states use torture against prisoners or opponents.

DECLARATION ON THE PROTECTION OF ALL PRISONERS FROM BEING SUBJECTED TO TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Adopted by General Assembly Resolution 3452 (xxx) of 9 December 1975 The General Assembly, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Considering that these rights derive from the inherent dignity of the human person. Considering also the obligation of states under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms. Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of the which provide that no one may be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Adopts the Declaration of the Protection of All Persons from being subjected to Torture and other cruel, inhuman or Degrading Treatment of Punishment, the text of which is annexed to the present resolution as a guideline for all States and other entities exercising effective power. Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel Inhuman or Degrading Treatment or Punishment

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(299) Adopted by General Assembly Resolutions 3452 (xxx) of 9 Dec. 1975 Article-1 1. For the purpose of this Declaration, torture means any act by which severe pains or suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession, punishing him for an act he has committed or is suspected of having committed, or intimidating him or other persons. It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners. 2. Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading treatment or punishment. Article-2 Any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity and shall be condemned as a denial of the purposes of the Charter of the United Nations and as a violation of the human right and fundamental freedoms proclaimed in the Universal Declaration of Human-Rights. Article-3 No state may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment. Exceptional circumstances such as a state of war or a threat of war, internal political instability or any other cruel, inhuman or degrading treatment or punishment. Article-4 Each State shall in accordance with the provisions of this Declaration, take effective measures to prevent torture and other cruel, inhuman or degrading treatment or punishment from being practised within its jurisdiction. Article-5 The training of law enforcement personnel and of other public officials who may be responsible for persons deprived of their liberty shall ensure that full account is taken of the prohibition against torture and other cruel inhuman or degrading

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(300) treatment or punishment. This prohibition shall also where appropriate, be included in such general rules or instructions as are issued in regard to the duties and functions of anyone who may be involved in the custody or treatment of such persons. Article-6 Each State shall keep under systematic review interrogation methods and practices as well as arrangements for the custody and treatment of persons deprived of their liberty in its territory, with a view to preventing any cases of torture or other cruel, inhuman or degrading treatment or punishment. Article-7 Each State shall ensure that all acts of torture as defined in article-1 are offences under its criminal law. The same shall apply in regard to acts which constitute participation in complicity incitement to or an attempt to commit torture. Article-8 Any person who alleges that he has been subjected to torture or other cruel, inhuman or degrading treatment or punishment by or at the instigation of a public official shall have the right to complain to, and to have his case impartially examined by the competent authorities of the State concerned. Article-9 Wherever there is reasonable ground to believe that an act of torture as defined in article-1 has been committed, the competent authorities of the State concerned shall promptly proceed to an impartial investigation even if there has been no formal complaint. Article-10 If an investigation under article-8 or article-9 establishes that an act of torture as defined in article-1 appears to have been committed, criminal proceedings shall be instituted against the alleged offender or offenders in accordance with national law. If an allegation of other forms of cruel, inhuman or degrading treatment or punishment is considered to be well founded, the alleged offender or offenders shall be subject to criminal, disciplinary or other appropriate proceedings. Article-11 Where it is proved that an act of torture or other cruel, inhuman or degrading treatment or punishment has been committed by or at the instigation of a public official, the victim shall be afforded redress and compensation in accordance with national law.

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(301) Article-12 Any statement which is established to have been made as a result of torture or other cruel, inhuman or degrading treatment or punishment may not be invoked as evidence against the person concerned or against any other person in any proceedings. ________

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Chapter 3

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Adopted and opened for signature, ratification and accession by General Assembly Resolution 39/46 of 10 December 1984. Entry into force 26 June, 1987, in accordance with article 27(1) The States Parties to the Convention, Considering that in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Recognizing that those rights derive from the inherent dignity of the human person. Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for and observance of human rights and fundamental freedoms. Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the international Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Having regard also to the Declaration on the Protection of All Persons from Being subjected to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December, 1995. Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world. Have agreed as follows

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Part I Article-1 For the purpose of this Convention the term â&#x20AC;&#x153;tortureâ&#x20AC;? means any act by which severe pain or suffering, whether physical or mental is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed or intimidating or coercing him or a third person or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanction. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application. Article-2 Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. An order from a superior officer or a public authority may not be invoked as a justification of torture. Article-3 No State Party shall expel, return (refouler) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the state concerned of a consistent pattern of gross, flagrant or mass violations of human right. Article-4 Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person

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2. 3.

which constitutes complicity or participation in torture. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. Article-5 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article-4 in the following cases: (a) When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State; (b) When the alleged offender is a national of that State; (c) When the victim is a national of that State if that State considers it appropriate. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in paragraph 1 of this article. This convention does not exclude any criminal jurisdiction exercised in accordance with internal law. Article-6 Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article-4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted. Such State shall immediately make a preliminary inquiry into the facts. Any person in custody, pursuant to paragraph 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the state of which he is a national, or, if he is a stateless person, with the representative of the State where he usually resides.

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When a state pursuant to this article, has taken a person into custody, it shall immediately notify the States referred to in article-5, paragraph 1, of the fact that such person is in custody and of the circumstances which warrant his detention. The state which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. Articlc-7 The State Party in the territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found shall in the cases contemplated in article-5, if it does extradite him, submit the case to its competent authorities for the purpose of prosecution. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article-5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply, in the cases referred to in articlc-5, paragraph 1. Any person regarding whom proceedings are brought in connection with any of the offences referred to in article-4 shall be guaranteed fair treatment at all stages of the proceedings. Article-8 The offences referred to in article-4 shall be deemed to be included as extraditable offences in any extradition treaty existing between State Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them. If a State Party which makes extradition conditional on the existence of a treaty receives a request for the extradition from another, state party with which it has no extradition treaty, it may consider this Convention as the legal basis for extradition in respect of such offences. Extradition shall be subject to the other conditions provided by the law of the requested state. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the

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(306) conditions provided by the law of the requested State. 4. Such offences shall be treated for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article-5, paragraph 1. Articlc-9 1. States Parties shall afford one another the greatest measure of assistance in connection with criminal proceeding brought in respect of any of the offences referred to in article-4, including the supply of all evidence at their disposal necessary for the proceedings. 2. States Parties shall carry out their obligations under paragraph 1 of this article in conformity with any treaties on mutual judicial assistance that may exist between them. Article-10 1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. 2. Each State party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person. Article-11 Each State party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture. Article-12 Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. Article-13

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(307) Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given. Article-14 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law. Article-15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. Article-16 1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading or punishment. 2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or

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Part II Article-17 There shall be established a Committee against Torture (hereinafter referred to as the Committee) which shall carry out the functions hereinafter provided. The Committee shall consist of ten experts of high moral standing and recognized competence in the field of human rights, who shall serve in their personal capacity. The experts shall be elected by the States Parties, consideration being given to equitable geographical distribution and to the usefulness of the participation of some persons having legal experience. The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals, States Parties shall bear in mind the usefulness of nominating persons who are also members of the Human Rights Committee established under the international Covenant on civil and Political Rights and who are willing to serve on the Committee against Torture. The initial election shall be held not later than six months after the date of the entry into force of this Convention. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties watch have nominated them, and shall submit it to the states Parties. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 3 of this article. If a member of the Committee dies or resigns or for any other cause can no longer perform his Committee duties, the State Party which nominated him shall appoint another expert from among its nationals to serve for the

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1. 2.

remainder of his term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary-General of the United Nations of the proposed appointment. States Parties shall be responsible for the expenses of the members of the committee while they are in performance of Committee duties. Article-18 The Committee shall elect its officers for a term of two years. They may be re-elected. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that: (a) Six members shall constitute a quorum; (b) Decisions of the Committee shall be made by a majority vote of the members present. The Secretary-General of the United Nations shall provide the necessary staff and the facilities for the effective performance of the functions of the Committee under this Convention. The Secretary-General of the United Nations shall convene the initial meeting of the Committee. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure. The States Parties shall be responsible for expenses incurred in connection with the holding of meetings of the States Parties and of the committee, including reimbursement to the United Nations for any expenses, such as the cost of staff and facilities, incurred by the United Nations pursuant to paragraph 3 of this article. Article-19 The States Parties shall submit to the Committee, through the Secretary-General of the United Nations reports on the measures they have taken to give effect to their undertakings under this Convention, within one year after the entry into force of the Convention for the state Party concerned. Thereafter, the States Parties shall submit the supplementary reports every four years on any new measures taken and such other reports, as the Committee may request. The Secretary-General of the United Nations shall

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transmit the reports to all States Parties. Each report shall be considered by the Committee which may make such general comments on the report as it may consider appropriate and shall forward these to the state Party concerned. That state Party may respond with any observations it chooses to the Committee. The Committee may, at its discretion, decide to include any comments made by it in accordance with paragraph 3 of this article, together with the observations thereon received from the State Party concerned, in its annual report made in accordance with article 24. If so requested by the State Party concerned, the Committee may also include a copy of the report submitted under paragraph 1 of this article. Article-20 If the Committee receives reliable information which appears to it to contain well-founded indications that torture is being systematically practised in the territory of a state Party, the Committee shall invite that State Party to co-operate in the examination of the information and to this end to submit observations with regard to the information concerned. Taking into account any observations which may have been submitted by the State Party concerned, as well as any other relevant information available to it, the Committee may, if it decides that this is warranted, designate one or more of its members to make a confidential inquiry and to report to the Committee urgently. If an inquiry is made in accordance with paragraph 2 of this article, the Committee shall seek the co-operation of the State Party concerned. In agreement with that state Party, such an inquiry may include a visit to its territory. After examining the findings of its member or members submitted in accordance with paragraph 2 of this article, the Commission shall transmit these findings to the state Party concerned together with any comments or suggestions which seem appropriate in view of this situation. All the proceedings of the committee referred to in paragraphs 1 to 4 of this article shall be confidential, and at all stages of the proceedings the co-operation of the

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State Party shall be sought. After such proceedings have been completed with regard to an inquiry made in accordance with paragraph 2, the Committee may, after consultations with the State Party concerned, decide to include a summary account of the results of the proceedings in its annual report made in accordance with article-24. Article-21 A State party to this Convention may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. Such communications may be received and considered according to the procedures laid down in this article only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be dealt with by the Committee under this article if it concerns a state Party which has not made such a declaration. Communications received under this article shall be dealt within accordance with the following procedure; (a) If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may, by written communication, bring the matter to the attention of that State Party, Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication as explanation or any other statement in writing clarifying the matter, which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending or available in the matter. (b) If the matter is not adjusted to the satisfaction or both States Parties concerned within six months after the receipt by the receiving State of the Initial Communication, either state shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State. (c) The Committee shall deal with a matter referred to it under this article only after it has ascertained that all domestic remedies have been invoked and

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(d) (e)

(f)

(g)

(h)

The five

exhausted in the matter, in conformity with the generally recognised principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention; The Committee shall hold closed meetings when examining communications under this article; Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for the obligations provided for in this Convention. For this purpose, the Committee may, when appropriate, set up an adhoc conciliation commission; In any matter referred to it under this article, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information; The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered by the Committee and to make submissions orally and/or in writing; The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report: (i) If a solution within the terms of sub-paragraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached; (ii) If a solution within the terms of sub-paragraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submission made by the State Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned. provisions of this article shall come into force when States Parties to this Convention have made

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declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration. Article-22 A State Party to this Convention may at any time declare under 1 this article that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction who claim to objectives of a violation by a State Party of the provisions of the Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. The Committee shall consider inadmissible any communication under this article which is anonymous or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the Convention. Subject to other provisions of paragraph 2, the Committee shall bring any communications submitted to it under this article to the attention of the State Party to this Convention which has made a declaration under paragraph 1 and is alleged to be violating any provisions of the Convention. Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that state. The Committee shall consider communication received under this article in the light of all information made a available to it by or on behalf of the individuals and by the State Party concerned. The committee shall not consider any communication from an individual under this article unless it has

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(314) ascertained that; (a) The same matter has not been and is not being, examined under another procedure of international investigation or settlement. (b) The individual has exhausted all available domestic remedies; this shall not be the rule where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the person who is the victim of the violation of this Convention. 6. The Committee shall hold closed meetings when examining communications under this article. 7. The Committee shall forward its views to the State Party concerned and to the individual. 8. The provisions of this article shall come into force when five States Parties to this Convention have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication, already transmitted under this article; no further communication by or on behalf of an individual shall be received under this article after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party has made a new declaration. Article-23 The members of the Committee and of the ad-hoc conciliation commissions which may be appointed under article21, paragraph 1(e), shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the convention on the Privileges and Immunities of the United Nations. Article-24 The Committee shall submit an annual report on its activities under this Convention, to the States Parties and to the General Assembly of the United Nations. Part III

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(315) Article-25 1. This Convention is open for signature by all states. 2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article-26 This Convention is open to accession by all States. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article-27 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession. 2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession. Article-28 1. Each State may at the time of signature or ratification of this Convention or accession thereto declare that it does not recognize the competence of the Committee provided for in article-20. 2. Any State Party having made a reservation in accordance with paragraph 1 of this article may at any time, withdraw this reservation by notification to the Secretary-General of the United Nations. Article-29 1. Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that within four months from the date of such communication at least one-third of the states Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the

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States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for an acceptance. An amendment adopted in accordance with paragraph 1 of this article shall enter into force when two-third of the States Parties to this Convention have notified the Secretary-General of the United Nations that they have accepted it in accordance with their respective constitutional processes. When amendments enter into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this convention and any earlier amendments which they have accepted. Article-30 Any dispute between two or more States Parties concerning the interpretation or application of this Convention which can not be settled through negotiation shall at the request of one of them be submitted to arbitration. If within six months from the date of the request for arbitration the parties are unable to agree on the organization of the arbitration, any one of those parties may refer the dispute to the international court of Justice by request in conformity with the State of the Court. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States parties shall not be bound by paragraph 1 of this article with respect to any State Party having made such a reservation. Any State Party having made a reservation in accordance with paragraph 2 of this article may at any time withdraw this reservation by notification to the SecretaryGeneral of the United Nations. Article-31 A State Party may denounce this Convention by written notification to the Secretary-General of the United nations. Denunciation becomes effective one year after the date of receipt of the notification by the SecretaryGeneral. Such a denunciation shall not have the effect of releasing

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(317) the State Party from its obligations under this Convention in regard to any act or omission which occurs prior to the date at which the denunciation becomes effective, nor shall denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. Article-32 The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following: (a) Signatures, ratifications and accessions under articles-25 and 26. (b) The date of entry into force of this Convention under article-27 and the date of the entry into force of any amendments under article-29. Articie-33 1. This Convention of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this convention to all states. ________

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Chapter 4

GENEVA CONVENTION RELATIVE TO THE PROTECTION OF CIVILIAN PERSONS IN TIME OF WAR, OF AUGUST 12, 19493 (Excerpts) The undersigned Plenipotentiaries or the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention for the Protection of Civilian Persons in Time of War, have agreed as follows: Part I GENERAL PROVISIONS Article-1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article-2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a Party 3

The references made by the protectors of nazi criminals to the West German Constitution hold no water, for Article 25 clearly states that the rules of international law are a component of the Fundamental Law and that in the event of discrepancy between the rules of national and international laws, the latter take precedence. And according to international law, neither statutory limitations nor the principle that laws have no retroactive force can be used to facilitate the lot of those guilty of grave crimes against international law and order. Treaties, Agreements end Conventions in Force Between the Soviet Union and Other States, Issue XVI, pp. 204-68. By March 5, 1970, the 1949 Geneva Conventions on the protection of war victims had been signed by 124 states.

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(319) to the present Convention, the Powers who are Parties, thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (I) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be created humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples. Part II GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR Article-13 The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war. Article-16 The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and

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(320) wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and illtreatment. Article-18 Civilian hospitals organised to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the subject of attack, but shall at all times be respected and protected by the Parties to the conflict. States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article-19. Civilian hospitals shall be marked by means of the emblem provided for in Article 384 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorised by the State. The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. Article 19 The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy.

Red Cross or Red Crescent, or red lion and sun on a white background may be used as an emblem.ď&#x201A;žEd.

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(321) Part III STATUS AND TREATMENT OF PROTECTED PERSONS Article-27 Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. Article-31 No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. Article-32 The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited.

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(322) Article-34 The taking of hostages is prohibited. Article-40 Protected persons may be compelled to work only to the same extent as nationals of the Parry to the conflict in whose territory they are. If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations. In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article-30. Article-146 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article-105 and those following of the Geneva Convention Relative to the Treatment of Prisoners

322

(323) of War of August 12, 1949. Article-147 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property; not justified by military necessity and carried out unlawfully and wantonly. Article-148 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. __________

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Chapter 5

GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR OF AUGUST 12, 19495 (Excerpts) The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: Part I GENERAL PROVISIONS Article-1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article-2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a Party to the present Convention, the Powers who are Parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article-3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a 5

Treaties, Agreements and Conventions in Force Between the Soviet Union and Other States, Issue XVI, pp. 125-84.

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(325) minimum, the following provisions: (I) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed bors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples. Article-4 A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organised resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognisable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess

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(326) allegiance to a government or an authority not recognised by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. B. The following shall likewise be treated as prisoners of war under the present Convention: (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, id, 15, 30, fifth paragraph, 58, 67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be

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(327) allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties nominally exercise in conformity with diplomatic and consular usage and treaties. C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. Article 5 The present Convention shall apply to the persons referred to in Article-4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.â&#x20AC;Ś. Article 7 Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.... Part II GENERAL PROTECTION OF PRISONERS OF WAR Article-12 Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given to them. Prisoners of war may only be transferred by the Detaining Power to a Power which is a Party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of

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(328) war. Such requests must be complied with. Article-13 Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited. Article-14 Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own territory, of the rights such capacity confers except in so far as the captivity requires. Article-15 The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. Article-16 Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. Part III

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(329) CAPTIVITY Article-17 Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the ownerâ&#x20AC;&#x2122;s surname, first names, rank, army, regimental, personal or serial number, or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5ď&#x201A;ž10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. The questioning of prisoners of war shall be carried out in a language which they understand. Article-42 The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. Article-49 The Detaining Power may utilise the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to

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(330) maintaining them in a good state of physical and mental health. Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. Article-50 Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of scores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article-78. Article-51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilising the labour of prisoners of war, shall ensure that in areas in which such prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the

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(331) Detaining Power. Subject to the provisions of Article-52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. Article-52 Unless he be a volunteer, no prisoner of war may be employed for labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Powerâ&#x20AC;&#x2122;s own forces. The removal of mines or similar devices shall be considered as dangerous labour. Article-53 The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed, in the middle of the dayâ&#x20AC;&#x2122;s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby. Article-82 A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter6 shall be allowed. 6

The reference is to Chapter III. Section VI, Part III-Ed.

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(332) If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. Article-83 In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. Article-84 A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognised, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article-105. Article-85 Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. Article-86 No prisoner of war may be punished more than once for the same act or on the same charge. Articles-87 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Retaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of

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(333) which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges. Article-93 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. Article-99 No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed. No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. Article-102 A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter7 have been observed. 7

The reference is to Chapter III, Section VI, Part III.-Ed.

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(334) Article-105 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. Article-106 Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon

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(335) him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. Part VI EXECUTION OF THE CONVENTION Artic1e-121 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. Article-129 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. Article-130

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(336) Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. Article-131 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. ________

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Chapter 6 GENEVA CONVENTION FOR THE AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD, OF AUGUST 12, 19498 (Excerpts) The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows:

Chapter I GENERAL PROVISIONS Article-1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article-2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the scare of war is not recognised by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a Party to the present Convention, the Powers who are Parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article-3 In the case of armed conflict not of an international 8

Treaties, Agreements end Conventions in Force Between the Soviet Union and Other States, Issue XVI, pp. 71-93.

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(338) character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (I) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed bars de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are recognised as indispensable by civilised peoples. Article-18 The military authorities may appeal to the charity of the habitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have respond to this appeal the necessary protection and facilities. Should adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities. The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence. No one may ever be molested or convicted for having nursed wounded or sick. The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick.

Chapter IX

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(339) REPRESSION OF ABUSES AND INFRACTIONS Article 49 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article-50 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article-51 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High contracting Party in respect of breaches referred to in the preceding Article. Article-52 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.

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(340) If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. POLITICS AND SELF-DETERMINATION At a Security Council meeting on Kashmir in February, 1964, the representative of India warned that, Pakistan has made a great deal of play with the idea of self-determination... It would lead to disastrous consequences if the expression were extended to apply to the integral part of any country or sections of its population, or to enable such integrated part or section of the population to secede. The principle of selfdetermination cannot and must not be applied to bring about the fragmentation of a country or its people... In the world today we have innumerable countries in Africa and Asia with dissident minorities. Many of these minorities might like to set up governments of their own. We should have to repaint the map of the world and many States Members of the United Nations would be broken up. Many countries today have living in them people of different races, religions and cultures, and the future of the world depends upon the evolution of multiracial States and nations in different parts of the world...” There are many politicians who are against popular view of right of self-determination. Canada’s Paul Martin reminded his audience that his country’s historical experience “was one of evolution tending to free and equal association”. “Our nation,” he said, encompasses peoples of many racial origins with varying’ religious beliefs and cultural heritages. We live freely together, and each citizen is free to think according to his own conscience and to act as he sees fit within the limitations imposed by the law. It would be a serious matter indeed, if, through a decision of the United Nations, member countries were placed in a position of being morally and even perhaps legally bound to grant to these minority groups the right to determine their own institutions without consideration for the wishes of the community as a whole.

Australia’s

Sir

Percy

Spender

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warned

the

Third

(341) Committee of the 1955 General Assembly, that, It is common knowledge, to give but one example, that before the Second World War the German people were not confined to the German Reich but were to be found in communities of varying sizes and importance within the borders of many nations, big and small, extending from the Atlantic to the Urals. Is this Committee prepared to endorse the thesis that these German minorities being a separate people within the State to which they owed allegiance had the right, either in isolation or in collusion with Hitler’s Reich, to self-determination, and by exercising it, the right to disrupt and dismember France, Czechoslovakia, Roumania, Poland or the USSR, to mention only the larger pre-War States which possessed large German minorities, living in compact communities? And I would ask a further question. Do any of my distinguished colleagues in this Committee, whose countries possess distinct and compact ethnic minorities—and several of the leading spokesmen in favor of the right of self-determination fall into this group— suggest that their countries would permit, or should permit these minorities to exercise a right to set up their own self-government or should they so wish, to secede and perhaps even to link themselves with other States whose relations with that of which they are now a part may be strained ? There is no alternative, and sooner or later the United Nations will have to follow the course indicated by its former Mediator on Cyprus, Dr. Galo Plaza, in his report of March 26, 1965, to Secretary-General U. Thant, as follows: One of the principles of the Charter which I regard as having the highest relevance to any settlement of the Cyprus problem is that of respect for human rights and fundamental freedoms, without discrimination. The fact that the population of the island continues to consist of two principal ethnic communities, the further fact that they are unequal in numbers and finally the gravity of the conflict which has developed between them—all these elements have given and must continue to give rise to serious difficulties in applying this principle, and must be made the subject of special attention.

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(342) From the moment a settlement is in sight, the Charterâ&#x20AC;&#x2122;s insistence on respect for human rights and for fundamental freedoms for all, without distinction as to race, sex, language or religion, will assume a capital importance in Cyprus. It will be an indispensable condition for the progressive rebirth of confidence and the re-establishment of social peace. The obstacles against the full application of the principle cannot be over-estimated; and they are no less psychological than political... The peace of Cyprus depends upon the association of Greeks and Turks as loyal citizens of a common fatherland in which the right of the majority to govern is respected and the right of the minority to preserve its identity and the values it cherishes is safeguarded. Neither enosis, nor union with Greece, nor partition, nor a shift in population to draw the scattered Turkish communities into more easily defended concentrations, nor a federalist structure will bring peace to the Island. If the two communities cannot learn to live with each other, they will not learn to get along next to each other either. There is, of course, the possibility of an exchange of population, but this is an extreme solution which depends upon the Greeks in Greece and the Turks in Turkey, not upon the Greeks and Turks of Cyprus. The core of the Cyprus problem remains the protection of the Cypriot Turks in their individual and group rights, so that they may be assured of their free development in accordance with their ethnic predilections. It is of supreme importance that international guarantees be provided for human rights and safeguards against discrimination. ________

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Chapter 7

RIGHT TO JUSTICE United Nations Human Rights give all men equal rights to justice. Islam has given such equal rights since 622 AD, so much so that the Jews, the Christians and the Muslims were held equal before the Law and in many cases, non-Muslims won their suits against the Muslims. Even caliph Ali lost his case to a Jew; it was later admitted by the Jew that Hazrat Ali was on the right but he lacked admissible evidence. The Holy Qur’an clearly says:

O ye who believe! Be steadfast witnesses for Allah in equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to piety. Fear Allah. Lo! Allah is Informed of what ye do. Al-Maeeda 5:8 Above verses put all the nations equally before the Law. it is binding upon a Muslim to give true witness. False witness is repugnant to faith, as the Prophet said:

“False witness is as sinful as associating god with Allah” i.e. denying God, blasphemy. (The Prophet repeated the words thrice) The Prophet taught that basis of a society is based upon the pillar of justice, so justice must be maintained at all costs, even fear of people should not compel a Muslim to deviate from justice.

“The best of Holy Wars is to speak the truth before a tyrant ruler.” The Prophet said: If one of you is appointed responsible to do justice among the Muslims, then one should not decide while in a state of anger; one should show equality in looking at and in seating arrangement and equality in gesture. Even fear of life should not compel a Muslim to speak untruth; a Muslim who tells a lie is not a Muslim.

Accept the truth even if it comes from a child, a nonMuslim or an enemy.

It was justice which won the hearts of the conquered people and so they embraced Islam immediately. That is why wherever Islamic army reached, local population embraced Islam

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(344) as a whole, so in the most conquered countries, the Muslim population is 90% or above. It was the spirit of love and justice which made Islam acceptable to all, irrespective of colour, language, or nationality. In other religions, this spirit of justice is not operative. In Hinduism, three castes i.e. Brahmin, Khushtriya and Vaishya have different laws for each caste while the fourth caste of Shudras and the fifth caste of untouchables, all are outside the Vedic Laws. The Hindu Law, Manusamiriti does not place the higher castes and the lower castes as equal. For giving justice to the people, it is a must that judiciary should be independent of all outside influences such as the government, religious groups, political groups, business groups and powerful mafias operating in almost all the countries of the world. It is not easy to find a judicial system free from all outside influence. Sometimes, judges may be biased due to colour, religion or nationality as it is in human nature to be influenced by such factors which are not easy to overcome. Thatâ&#x20AC;&#x2122;s why where white rulers and non-white nations live together, judicial tribunal is required to have representation of non-white judges too. It is always desirable that judges are selected representing all minority groups as well as all religious factions too. Equally important is that judges are of high calibre and character, not influenced by any financial gain or some lucrative offers or any black-mailing, and are unbiased. Alas! Judges of many poor countries are corrupt while judges of many countries are biased and prejudice; judges are human and are influenced by different national and religious groups; Islam very strongly stops the Muslim judges to be unjust in any circumstances. Chief Justice of Pakistan Supreme Court Iftikhar Mohammad Chaudhry in his address to Peshawar Bar Council on 21 April, 07 said: An independent judiciary was indispensable for safeguarding fundamental rights and the freedoms of the individual enshrined in the Constitution. The people of Pakistan could observe the principles of democracy, freedom, equality, tolerance and social justice in accordance with the teachings of Islam. The autonomy and independence of institutions was essential to their development. The intervention of one institution in the affairs of another not only led to bad governance, but also impeded the free functioning of institutions.

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(345) “The Constitution provides guarantees on such issues and it could be achieved through an independent and effective judicial system, which should be responsive to these groups.”

In order that true justice is available on equal terms to all, it is of prime importance that police department and all investigation agencies should consist of men of high character who investigate cases properly and then prepare it justly to present it before judges. But it is highly deplorable that police of the most countries do not enjoy respectable reputation. Police officials are occasionally influenced by greed for money, by higher officials and politicians, by religious and social pressure groups and also by underworld mafias who have their agents installed in this all important department. It is not untrue that in almost all the countries, many illegal activities operate with the connivance and consent of police, be it drug-trafficking, human-trafficking, prostitution or smuggling. Most criminals with their power of money keep sufficiently large number of their agents and spies in law enforcing agencies, and in many cases they are more powerful than the governments  even the governments owe their political powers to them due to their heavy contributions to election funds. Thus justice for everyone is not easy to get. The following news item from Dawn 6-11-2006, which is true all over the world, not particularly for Pakistan, throws light upon criminal organizations’ operations. There is ever going battle between police and the outlaws; there are always some black sheep in the police department all over the world. GUJRAT, November 15, 2006: Two nominated accused in the murder case of Waqar Shah of Qulewal Syedan, many other POs and criminals had escaped before or during the police raids at the outhouses of former adviser to CM Naeem Raza owing to leakage of information by some departmental ‘black sheep’. Kakrali police had registered two cases against Naeem Raza and his brother Shahid Raza for harbouring criminals. A police handout revealed that eight nominated accused, including Ashraf, Anar, Iqbal, Asif, Boota, Pervaiz Khalid, Sajid Manzoor and Madassar Iqbal had snatched Rs. 1,150 and a motorcycle (LOH-1888) from

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(346) Sajjad of Malki village near Sohal. It said Sajjad had recognized all the accused because they had been living since long at the outhouse of Naeem Raza in Kotla Arab Ali Khan. Kakrali police had registered a dacoity case (No. 334). Police constituted a raiding team soon after the dacoity incident and made SP Mahmoodul Hasan Qureshi its in-charge. In the meanwhile, Gujjar Khan SHO Karim Nawaz had also reached Kotla to investigate a case (No. 513) in which Waqar Shah alias Qari Shah was murdered. The SHO suspected that murderers of Waqar Shah were also hiding at the outhouse of Naeem Raza. The Gujjar Khan police also joined the Gujrat team and conducted a joint raid at the outhouse. After a brief shootout, Arshad, Nadeem, Shakeel, Ibrar and Madassar Subhani were arrested along with arms. The Kakrali police had registered a case (No. 335) against the five arrested accused and Naeem Raza and Shahid Raza on the complaint of SHO Raja Younas. A joint team of Gujrat, Gujjar Khan and Bhimber (AJK) conducted a raid at the outhouse of Naeem Raza and Shahid Raza at Kalianwala near Bhago Chak. There an encounter took place, which left a hired assassin, Sajid Manzoor, dead while seven outlaws were arrested along with weapons. They were indentified as Sagheer Dhola, Ashraf, Anar, Iqbal, Asif, Boota and Pervaiz Khalid. One of the arrested, Sagheer Dhola, was wanted by Lalamusa Saddar police in the murder case of ex-MNA Syed Manzoor Shah. Upon this a case (No. 336) was lodged with Kakrali police against the seven arrested accused and Naeem Raza and Shahid Raza on the complaint of DSP (headquarters) Siddique Awan. In cases No. 335 and 336, Naeem Raza and Shahid Raza had been nominated for sheltering criminals. Requesting anonymity, the sources said police high-ups had been receiving information that more than 100 POs and criminals were permanently living in the two outhouses. They said the DPO had directed all the team members to hand over their cell phones to him before the start of the operation owing to possibility of leak of

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(347) information to the Razas. They said the police had arrested only 12 men while more than 70 beds were found from the two outhouses. They said warmth of the beds clearly indicated that the men had recently gone. The arrested accused during interrogation had disclosed that constable Waqar Shah of Keeranwala, the nominated accused in the murder case of Qari Shah, were allegedly present at the outhouse but they left the place before the raid. They quoted the arrested men as saying to police that many other criminals had slipped some time before or during the raid. The possibility of some police informer could not be ruled out. (End of the news)

Islam gives strict instructions that justice be given to all in equal terms whether rich or poor, and justice should not be influenced by bribery.

And eat not up your property among yourselves by false means nor seek by bribing it to gain the hearing of the judges that ye may knowingly devour a portion of the property of others wrongfully. Al-Baqarah 2:188

Curse of Allah be upon the one who accepts bribe, and the one who offers bribe, and the one who arranges the deal. Abdullah bin Omer (Ahmed Tirmzi, Maja, Dawood, Baihaqi) Taking of a gift by an officer is roguishness, but acceptance of a gift by a judge is blasphemy. Misc. Coll.

O believers! Be steadfast for justice, giving witness for Allahâ&#x20AC;&#x2122;s sake, even though it be against yourselves or your parents or your near ones, whether it be against rich or poor, for Allah is near unto both. So follow not low desires in judgement. If you conceal or evade it, then lo! Allah is informed of your actions. An-Nisa 4:135

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(348) The Holy Qur’an gives instructions to all Muslims that their personal friendship or close relations or pressure of anyone should not compel a Muslim to furnish false witness. Justice is a pillar upon which a society and religion is based upon. The Prophet said that on the Day of Judgement, the most beloved among the people and the nearest among them for His company will be the just ruler. Islam ordains justice in all the affairs of life. Justice with children, justice with wife, justice with all men including slaves and non-Muslim population. Even in the time of war, the Muslims are supposed to follow the Islamic Law and show justice. In case of victory, the Muslims are supposed to protect and give peace to non-Muslim population and not to loot or molest women. But in non-Muslim world, it is generally believed that ‘all is fair in love and war’. This is the most dangerous principle which has brought disaster to non-combatant civilians in the wars and resulted in the rape of millions of women and inhuman treatment of the captives. Very recent examples are World War I, World War II, Russian Communist Revolution and subsequent wars against Muslim states and Vietnam, Korea and Campuchean Wars; continuous tribal and inter-state wars in African countries. During wars, hardly any nation follows principle of justice, it is rather free for all as non-Muslim nations have no divine law to follow, moreover they have separated politics from religion; to them religion is one’s personal matter while politics is independent of religion and there is no fair or unfair means in politics especially international politics to achieve political goals for one’s nation. And such goals are usually economic goals and aim to establish political systems in other regions of the world which are friendly to their national interest. Justice has no place in international politics, but is present only on papers which powerful countries impose upon weak nations. This lack of justice is main cause of uprising in the form of militancy and terrorism in many parts of the world. For justice in the world, a change of hearts is a must and no religion but only following the true and powerful teachings of Islam can bring about that change  fear of God is the foremost commandment for it. Prophet Muhammad (SAW) gave strict commandments to his followers to show justice to their selves. He said: Your body has right over you; you must give your self rest so as to be available to perform other worldly duties towards wife, children,

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(349) guest and society. The Prophet asked his followers to behave justly with wife and children by spending their wealth upon them and behaving well according to Allah’s laws. A Muslim is ordained to do justice with his behaviour and wealth towards his parents, brothers, sisters and relatives and poor.

They ask thee what they shall spend. Say: That which ye spend for good to parents and near kindred and orphans and the needy and the wayfarer. And whatsoever good ye do, lo! Allah is Aware of it. Al-Baqarah 2:215 A Muslim’s duty regarding neighbours is very elaborate; a Muslim must see that his neighbour is not hungry or needy. If a neighbour is in distress, he should be consoled; if he has an occasion to celebrate, he should be congratulated; if he needs money, he should be helped. None of your actions should annoy your neighbour. If you annoy your neighbour inadvertently, then apologize to him. Justice is strictly ordained by the Prophet in business dealings. No one should cheat or defraud his brother by taking advantage of ignorance. A business dealer’s rights must be paid back within time according to business commitments. A justice to society requires one to behave properly, and one should not indulge in some practices openly which spoils the society’s peace or affects morality. A justice to one’s country requires the people to refrain from activities which are detrimental to its peace and security, like smuggling, prostitution, etc. and taxes be paid fully. A Muslim is supposed to carry Allah’s message of justice to the whole world by providing moral, monetary or physical support to those who are oppressed. In international relations, political or social, Muslims are supposed to fulfil their pledges justly, and not make such agreements which are detrimental for others and are source of exploitations of the poor nations. Prophet Muhammad (SAW) was very strict in maintenance of justice among non-Muslims population and slaves; all are equal before the law. He said: Slaves are your brothers, give them to eat what you eat, give them to wear what you wear, do not make them to work what is more than their power; if you hit your slave on face, set him free. If anyone will cut slave’s organ, that one’s organ will be cut, if anyone castrates slave, that one will be castrated too.

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Ahmad, Muslim, Tirmzi, Abu Dawood, Darmi, Nisai Of prime importance is justice towards Allah, our Creator. It is not possible for a human being to recount all the favours that Allah bestows upon a man. So it is Allah’s right that one should acknowledge His bounties, and pray Him regularly, obey His commandments and do His remembrance as much as is His due, and also salute His Prophet alongwith His remembrance who brought all the mankind towards Him and showed the world His ways. In Islam, if a man is wronged, then he is given justice according to the laws revealed by Allah in the Holy Qur’an. The laws of the Holy Qur’an are fundamentally the same as revealed in the Torah; eye for eye and tooth for tooth. Allah’s law gives as much punishment to the wrongdoer as he has done to the wronged one. But in the Holy Qur’an, Allah exhorts Muslims to show patience and be merficual. In the Holy Qur’an, we have

If you want to take revenge, then punish with the like of that wherewith you were inflicted. But if you show patience, surely it is better for the patient ones. Al-Nahl 16:126

The good deed and the evil deed are not alike. Repel the evil deed with one which is good, then lo! Between whom and thee was enmity will become as though he was a warm friend. Ha Mim Sajdah 31:34

Repel evil with that which is good. We are best aware of that which they allege Al Mominoon 23:96 And they repel evil with good. Al-Qasas 28:54

And those who, when a great wrong is done to them, defend themselves.

And the recompense of an injury is an injury the like thereof. But whoso forgives and acts to reform (the

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wrongdoer), his reward is with Allah. Surely, He loves not wrong-doers. Al-Shooraa 42:39, 40

Islam gives right to every man to claim recompense from a wrongdoer; and also exhorts men to forgive and then try to reform a wrongdoer by education or by removing those causes i.e. illiteracy, poverty, bad company etc., which led to the crime. This is a most wonderful commandment which is absent in all past religions; it conforms to modern belief. One should not hate a criminal but the causes which lead to criminal behaviour. Many harsh punishments of the Bible and the Holy Qur’an are only for the confirmed evildoers who commit crime without sound reasons and are not ready or capable to amend their character and do not reform themselves. The Holy Qur’an reiterates again and again and exhort evildoers to seek Allah’s forgiveness and stop committing the evil  Allah forgives all sins. If a crime is committed, then Allah’s justice require that wrongdoer should be punished equal to the crime. Prophet Muhammad (S.A.W.) always exhorted a wronged-one to forgive the wrongdoer; if he refused then justice was done according to the law. Islam exhorts its adherents to settle their disputes among themselves amicably, but once matter is before the judge, then the law must be enforced. Islamic laws are very strict when a man is killed intentionally or a women is raped with force; Islam has no mercy for such persons who violate man’s life or a woman’s honour; such people should be given exemplary punishment publically so that people sleep with peace and are safe from their life, honour and wealth. For violators of public peace, Islam awards exemplary punishments which should be a lesson for those who resort to life of crime. So Islamic laws have both mercy and harshness. The laws are merciful for those who can reform, but is harsh for those who are evil by nature, so harsh punishments i.e. beheading, crucifixion flogging are deterrent for other prospective criminals and are effective lessons for those who refuse to learn and reform by peaceful means and those who disrupt masses’ peaceful sleep and bring worries to whole society. It must be understood that Islam strictly orders the Muslims to educate all men and women, and to eradicate poverty at all levels. Lack of education and poverty are root causes of almost all crimes; these root causes must be removed, only then strong Islamic laws should be enforced. Even judges are required

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(352) to see that the accused enjoyed those fundamental rights which Islam provides and has sound social background. Many crimes are committed by those who have unjust social background; deprivation leads to deviant behaviour. Prophet Muhammad (S.A.W.) released a boy who stole fruits from a garden because he was hungry. The Prophet admonished the owner of the garden and ordered him to give few kilos of fruit and new clothes to the hungry poor boy. Islam strongly dislikes that adultery, prostitution, bloodshed and obscenity be spread in a Muslim society; so Muslims are expected to be on guard to stop such social evils with iron-hands. Moral degradation of a society leads to all sorts of injustice, only enforcement of Islam’s strong laws can guarantee a social justice in a society. In many ways, Islam’s ideas of social justice and human rights are different from West’s ideas of human rights and liberty. Islam does not allow gambling casinos, prostitution with licence, dancing clubs, adultery with consent, public bars; all such licensed professions and places for enjoyment are forbidden strictly in Islam as all these lead to injustice in social lives as well as home-lives of all societies Hereunder, we quote from the conferences held in Riyad, Paris, Vatican City, Geneva, and Strasbourg on Moslem Doctrine and Human Rights in Islam, 1972-1974. PUNISHMENT FOR THEFT IN ISLAM AND COMPARATIVE CONSEQUENCES “Theft, with the exception of doubtful cases, as, for instance, stealing prompted by starvation, is punished by amputation of the hand. We are willing to admit, with the jurists, that such a punishment is exceedingly harsh. It must be noted, however, that stealing in the West is most of the time perpetrated by force, and so frequently entails the murder of the victim. In such event, one wonders if it is better to have pity on the hand of the thief rather than on the life of the assaulted person.” The debate went on: “Due to the harshness of this punishment in Islam, both the hand of the thief and the life of the victim have been protected, at one and the same time, and tranquillity secured for all. The execution, which is done publicly, serves to set an example.” At this point, Dr. Dawalibi made a comment: “I have been in this country for seven years, he said, and I never saw, or heard of, any amputation of the hand for stealing.

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(353) This is because the crime is extremely rare. So, all that remains of that punishment is its harshness, which has made it possible for all to live in perfect security and tranquillity, and for those who were tempted to steal, to keep their hands whole. Formerly, when these regions were ruled by the French-inspired Penal Code, under the Ottoman Empire, pilgrims travelling between the two Holy Cities, Makkah and Madina, could not feel secure for their purse or their life, unless they had a strong escort. But when this country became the Saudi Kingdom, and Koranic Law was enforced, crime immediately disappeared. A traveler, then, could journey, not only between the Holy Cities, but even from AlDahran on the Gulf to Jeddah on the Red Sea, and traverse a distance of more than one thousand and five hundred kilometers across the desert all alone, in his private car, without harbouring any fear or worry about his life or property, be it worth millions of dollars, and be he a complete foreigner.” The Saudi Delegation resumed: “In this manner, in the Kingdom of Saudi Arabia, where Islamic Law is enforced, state money is transferred from one town to another, from one bank to another, in an ordinary car, without any escort or protection, but the car driver. Tell me, Gentlemen: in any of your Western States, would you be ready to transfer money from one bank to another, in any of your capitals, without the protection of a strong police force and the necessary number of armoured cars?” The speaker proceeded: “Only here, Gentlemen, in this country where Islamic Law is enforced, the American Minister of Foreign Affairs, Mr. William Rogers, during his visit last year, could, he and his suite, dispense with the armoured cars, which had been carried in by special planes, and which accompanied them in their tour of more than ten countries. Only here, Gentlemen, did the Government of the Kingdom not allow its visitors to go around in these cars. Eventually, Mr. Rogers spontaneously declined the guard of honour usually placed by the Government at the disposal of their foreign guests; he walked through the souks by himself, and confessed that, in this Kingdom, and in this Kindom alone, one had such a feeling of security that one had no more need of a guard.” To conclude his report on the punishment of hand amputation for stealing, the speaker said: “If you consider the striking results with regard to

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(354) security, public order, and general tranquillity, which are the order of the day in this country, do you not agree, Gentlemen, that it is our duty to remain faithful to the commands of our Religion, to prevent similar infraction? Stealing is almost unknown in our Kingdom, when people, in the great Capitals of Western countries, under secular regimes, have no more security for their lives or their possessions. I still remember, when I was in Paris in the summer, two years ago, a hold up in one of the biggest restaurants, near the Champs Elysees; in front of hundreds of customers, stunned and motionless, gangsters managed to take off the whole cash. The next morning, all Parisian newspapers published the news.” PUNISHMENT FOR ADULTERY IN ISLAM, ITS CONDITIONS, ITS RARITY, ITS COMPARATIVE EFFECTS After that, the Saudi Delegation entered upon the subject of adultery, a crime punished by stoning: “This penalty is prescribed only when the culprit, prior to his delict, had contracted a legal marriage, and if four witnesses known for their righteous and their integrity, were present at the accomplishment of the sexual act, in a manner which would exclude the possibility of any doubt; it would not be sufficient, namely, that they had seen the accused completely naked and stuck together.” The Delegation went on to say: “Here again, we agree with our guests on the severity of the punishment. Nevertheless, it is not imposed in Islam, unless the act, as we just said, was testified to by four objective and trustworthy witnesses. The testimony of one witness has no value before the law: in that case, the person is advised to refrain from making the denunciation, and condemned to be scourged, if he would continue in his accusations; the same thing happens, if there are only two, or even three witnesses. The primary condition, required by the Verses, is the presence, at the moment of the act, of four witnesses who can be trusted, and have never been indicted. But if the act was accomplished in presence of four witnesses, the judgment is that public order has been seriously offended. Whether legitimate or not, it is always improper for the sexual act to take place in public. That is why Islam reveals the most severe attitude against offenders of public order and morality.” “We suppose that, if such a thing had occurred in the street of the Capital of a civilized country, where complete sexual

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(355) liberty is allowed, passers-by would have taken upon themselves to lynch the performers, even before the case could be laid before a court. such people would be treated like beasts, and their lives would not deserve any more respect.” Then, the Delegation proceeded: “It must be noted, in this matter, that the hard punishment of adultery was prescribed at the very beginning of the Islamic Message. There was, at that time, an urgent necessity to bring society out of a system, where existed, in numerous walks, absolute sexual licence, and by the very fact, there was utter confusion with regard to paternity, into a new order, where procreative instinct would be regulated, and could be exercised only within the limits of legitimacy. And so, from the beginning of the Islamic predication, and during the whole life of the Prophet, not one single case of adultery was established by evidence of four eye-witnesses. Only one case was verified, through the spontaneous confession of the culprit eager to purify himself in this life, and so to escape punishment in the other. When, coming to the Prophet, he confessed his crime, and asked to be stoned to death, the Prophet turned his face and refused to listen. Since the act had been accomplished in secret, and thus public order and morality did not suffer, the matter concerned only the culprit, who, in his soul and conscience, had simply to beg the Lord’s forgiveness. The man, however, earnestly renewed his confession and his request, so as to prove his sincerity towards God, and to deter others from committing the same crime; again, the Prophet turned his face. The same happened a third time, but when the culprit repeated his words a fourth time, the Prophet asked him if he had become insane, or had really admitted being guilty of the crime. First by refusing to listen, then by questioning the fact, the Prophet had long prompted him to retract, but the man so insisted, that in the end his demand had to be heard. At the moment of the execution, however, he regretted his declaration and ran away; the punishment squad ran after him and killed him. The Prophet, then, pronounced his famous sentence: “Would that you had left him alive: he would have repented, and God would have been merciful to him.” The Delegation continued: “Thus, Gentlemen, it was not possible to prove, by such evidence as is required, one single case of adultery at the time of the Prophet; and yet, it was an age of transition from general sexual licence to discipline and legality on this point. Fourteen

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(356) centuries have elapsed since that most severe penalty was edicted, and we can strongly affirm that fourteen cases of stoning could hardly be numbered in all that time. In this way, punishment by stoning has remained what it always was, cruel in principle, but extremely rare in practice. But, through the very ruthlessness of this provision, Islam has prevented dislocation of the family and confusion with respect to paternity. We surely admit that men are always men, but it remains that, under a secular legislation, where such a severe punishment, religiously motivated, is lacking, married people tend to lose the fear of God, and are more tempted to fall in this crime. Generally speaking, the state of things prevailing in non-Moslem countries has caused the dissolution of family ties, and jeopardized the conjugal happiness, which Moslem husbands and wives, faithful to one another, to their religion, and to God, enjoy.” Commenting on the subject, His Excellency Doctor Dawalibi made the following observations. These were addressed in particular to the President of the European Commission, who had, before leaving for Saudi Arabia, heard from some people hostile to Islam the remark: “So you are going to the country where they lynch women for adultery?” “If you please, Mr. President, report to these people what you have heard. You have neither heard that anyone had been stoned, nor seen any such thing in this Kingdom. It would be better for a society, where the fear of God is enough to prevent both crime and punishment, thus securing integrity of the family and happiness of married couple, to prescribe a strict religious penalty in this matter, rather than rely on a secular legislation, which does not provide any similar penalty, but does not instil in man any fear of God either, and which, by the same token, causes many to lose the sense of the family. There inevitably follow offences to social dignity, and encouragement to crimes of the most dreadful and varied kinds, whereas, in Moslem countries, where God is openly revered, and His Law sincerely enforced, nothing comparable happens.” SOME RESERVATIONS ON HUMAN RIGHTS CHARTER AND COVENANT: “8. It is necessary here to present other partial reservations from the Islamic point of view, after presenting the general reservation in the. previous paragraph, without prejudicing the essence of those rights, as we saw in the legal

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(357) provisions which we gave in brief. We shall sum up the partial reservations in the following: (a) What is taken by a foreigner to beâ&#x20AC;? a restriction on the part of Islam respecting prohibition of a Muslim woman to marry a non-Muslim and the consideration of this restriction as a violation of Article 16 of the Universal Declaration of Human Rights. (b) What is taken by a foreigner to be a restriction on the part of Islam respecting the prohibition of a Muslim to change his religion, and the consideration of this restriction as a violation of Article 18 of the Universal Declaration of Human Rights. (c) Finally, the views taken by a foreigner on the Kingdom of Saudi Arabia respecting the latterâ&#x20AC;&#x2122;s attitude of not allowing workers to form labour unions as stipulated in Article 18 of the international Covenant on Economic, Social, and Cultural Rights, and which gave all workers the right to form labour unions without being subject to the regulations of their organizations and stated that it is not permissible to lay any restrictions on the exercise of such right Article 18 also gave the worker the right to go on a strike provided he does that within the bounds of the concerned State. 9. In connection with point (a) concerning the prohibition of the marriage of a Muslim woman to a non-Muslim and which is considered by a foreigner to be a restriction that violates Article 16 of the Universal Declaration of Human Rights which gives both man and woman who reach the marrying age the right to get married without restriction caused by religion, and on which the Kingdom of Saudi Arabia gave its reservations when the Covenant was drafted, we would like to say that the reasoning of Islam in this connection is that this is not a restriction on the freedom of marriage because of religion but because of the need to save the family from disruption due to the difference in religion, for a husband may not respect the sacred beliefs of his wife because of different creed, and moreover, a woman is one of two members of the family and is the more sensitive one in view of her feelings of weakness in respect of man.

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(358) 10. There branch out the following three cases which are different in their laws, but which have the same reasoning like the one we explained in the previous paragraph. These cases are: I. The marriage of a Muslim husband to a paganistic woman or to a woman who does not believe at all in God has been prohibited by Islam because a Muslim husband will never respect in any manner the beliefs and practices of such a wife. This will expose a family to disputes and disruption. Islam considers divorce as the most hateful thing in the sight of God. Thus, it is not encouraged. Out of this reasoning, such a marriage in which a husband does not respect the beliefs and practices of his wife, ending thereby in disputes and disruption, had to be forbidden. Islam does not encourage the disruption of the family and for this reason it has been careful on letting the foundations of marriage be void of such faults that lead to disruption. II The marriage of a Muslim man to a Christian or a Jewish woman has been permitted by Islam, because Islam glorifies Christ for being a Prophet of God who was born by s supernatural miracle and glorifies his mother Mary and absolves her from the charges hurled against her by the Jews. Likewise, Islam glorifies Moses and considers him the Prophet sent by God to the people of Israel. Thus, a Christian or a Jewish wife who is concerned on keeping her religion does not find anything to estrange her from her Muslim husband or to expose the family to dispute and disruption. Thus, Islam has no objection to this kind of marriage despite the difference in religion. III The marriage of a non-Muslim whether he is a Christian or a Jew for instance, to a Muslim woman has been prohibited by Islam, because a Christian or Jewish husband does not believe in the sanctity of the creed of Mohammad, the Prophet of Islam, and that he is the Messenger of God. As a matter of fact he believes that the Prophet is wrong in his message and his sayings, and this may estrange a Muslim wife from her husband and may expose the family to conflicts and disruption. For this reason,

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(359) this marriage which ends in such a manner has been forbidden. 11. In connection with point (b) regarding the prohibition of a Muslim to change his religion and which is considered by a man alien to Islam to be also a restriction violating Article (18) of the Universal Declaration of Human Rights which gave every person the right to change his religion and on which the Kingdom also gave its reservations at the time of the drafting of the Charter, we say that according to the reasoning of Islam, this is not a restriction on the freedom of every person to change his religion, but is the outcome of a historical incident. It was established to curb a Jewish conspiracy which was plotted in the early days of Islam when all the Arabs of the city of Al Madinah Al Munawwara united themselves after an armed conflict between them caused by the Jewish refugees. The Jews then craftily thought to let some of them join Islam then renounce it in order to make the Arabs suspect their religion and be misled. A law originated from that incident preventing a Muslim from changing his religion and threatening to penalize him so that nobody could join Islam excepting after making a rational and scientific study of its doctrines ending with his permanent acceptance of the Muslim creed. That was meant to cut off the way for evil men and their like of superficial people, under the threat of punishment, from joining Islam, for the sake of extirpating malicious elements who have been persisting in spreading evil on Earth.”

The following provisions in the Constitutions of some other nations stand as analogous to Article 14; EIRE, 1937: Section 40 (1) “All citizens shall, as human persons be held equal before the law. This shall not be held to mean that the State shall not in its enactment have due regard to differences of capacity, physical and moral, and of social function.” BURMA, 1948: Section 13—“All citizens irrespective of birth, religion, sex or race are equal before the law; that is to say. there shall If not be any arbitrary discrimination between one citizen or class of citizens and another.” WEST GERMANY. 1984; Article 3 (1)—“All men shall be equal before the law,”

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(360) 3. Scope,— (1) General—Article 14 forbids class legislation but does; not forbid classification, because, although classification involves putting things together in a class , yet the equality clause requires that the class thus formed does not leave out any person or thing within the class, as the class formed for the purpose of class legislation does. In permissible classification, mathematical nicety or perfect equality is not required and the classification may be founded on different bases, namely geographical, objects or the like, but to treat equals as un-equals or un-equals as equals, is equally violative of the principle of equality. “Penalty disproportionate to gravity of misconduct is violative of Article 14.” Article 14 being genus. Arts. 15 and 16 are species of the genus and therefore, the latter two are neither co-extensive nor interchangeable. Equality implies absence of discrimination. However, Article 14 prohibits conscious but not unconscious discrimination. It does not confer on any person a right to which he is not entitled. For provisions analogous to Article 20, see the following Constitutions: BURMA: Article 24 — “No person shall be convicted of crime except for violation of a law in force at the time of the act charged as an offence shall he be subjected to a penalty greater than that applicable at the of the commission of the offence”. EIRE ; Article 15 (5) — “The Oireachtas shall not declare acts to be infringements of the law which were not so at the date, of their commission.” JAPAN: Article XXXIX—“No person shall be held criminally liable for an act which was lawful at the time it was committed”.

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1 5 by the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).

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(361) The Courtâ&#x20AC;&#x2122;s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on questions referred to it by authorized United Nations organs and specialized agencies. The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Council. The creation of the Court represented the culmination of a long development of methods for the pacific settlement of international dispute origins of which can be traced back to classical times. Article 33 of the United Nations Charter lists the following methods for the pacific settlement of disputes between States: negotiation, mediation, conciliation, arbitration, judicial settlement, and resort to regional agencies or arrangements; good offices should also be added in the list. Among these methods, certain involve appealing to third parties. For example, mediation places the parties to a dispute in a position they can themselves resolve their dispute thanks to the intervention of a third party. Arbitration goes further, in the sense that the dispute submitted to the decision or award of an impartial third party, so that a binding settlement can be achieved. The same is true of judicial {the method applied by the International Court of Justice), except that a court is subject to stricter rules than an arbitral tribunal particular procedural matters. Mediation and arbitration preceded judicial settlement in history. The former was known in ancient India and in the Islamic world, whilst examples of the latter are to be found in ancient Greece, in China, among the Arabian tribes, in maritime customary law in medieval Europe Papal practice. In the U.N.O., many poor countries receive injustice at the hands of powerful nations because they enjoy veto power. Thus injustice is universally legalized openly. It happened hundred of times that poor nations were deprived of their rights as one of big powers used their veto power, and by this, they overruled all other members. We have seen such incidences in the case of Palestine and Kashmir whose rights are denied due to vested interest of U.S.A. and U.S.S.R. and others. It is a fact that those countries who are outspoken for Human Rights are themselves the violators; hypocrisy is prevalent everywhere; thus justice is what more powerful one dictates. This hypocritical behaviour is a root cause of all crimes and injustices which are

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(362) widespread in the most countries of the world ď&#x201A;ž small criminals follow big criminals as their role model. In Islam, powerful ones are ordained to use their power to bring justice to the poor and the exploited. __________

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Chapter 8

EDUCATION RIGHT OF INFORMATION Learning is the greatest virtue which a man possesses, same is true for a nation. All the great civilizations of the past like Greeks and Romans and then Muslims rose to pinnacle of fame due to their excellence in education, presence of great scholars and huge libraries which distinguished them from the rest of the world. Almost all great nations of the world like Greeks, Romans Indians, Persians, Egyptians, Chinese had great period in their history and once they were world leaders due to excellence in the fields of arts and science. After the advent of Islam, Islamic world were world leaders in arts and science for about thousand years. It was in 17th century or so when European nations were awakened and adopted and followed Islamic ways of learning, and thereafter became world leaders in education, and also became the rulers over nearly the whole world in the next four centuries with amazing scientific discoveries to their credit and great works in the field of art and social sciences. In the European countries as well as in U.S.A. literacy rate is nearly 100%, the standard of education is very high. Educational institutions are present in almost every city and town, while universities for advanced studies and research are present in large number. Students from all parts of the world travel to Europe and USA to get education and to find better future. Same is true for Japan and Canada where education receives the foremost priority. In the third world countries, the conditions for education are deplorable; literacy rate may vary from 20-60%. In Pakistan, literacy is 53% among men and 45% among women. Even the educational standard of literate people is quite low; the most educated people are concentrated in big cities whereas in small towns and villages, literacy is as low as 20%. In Pakistan and India live about 50% illiterate people of the world. The main cause for illiteracy in the third world countries is poverty which they inherited after long colonial rules. After colonial rulers were gone, the power fell in the hands of people with vested interest who had least concern for the uplift of their nations in the field of

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(364) education and economy. And without education, economic uplift of a country is impossible â&#x20AC;&#x201D; education is the key for good economy of a country. Internal and external strifes in political systems of poor countries are prime causes of poverty, and poverty in turn is itself a great reason for illiteracy. Lack of huge amounts of funds for building of schools and universities and non-availability of money for payment to good teaching staff and for giving incentive to children to receive education and other facilities, all factors hamper the quick spread of learning among the people of poor countries. No good planning for increasing literacy in short time is possible without money. In rich countries, an average of one hundred thousand dollars are spent on each student; annual budget of some universities is more than total budget of some poor countries. In Pakistan only 600 dollars are spent on each student annually. In Pakistan, India as well as some other underdeveloped countries, big landowners and men of higher caste resist the establishment of educational institutions even at primary level as education brings about awareness of Human Rights among the poor; thence poor ones may stand against their masters. 19% children of South Asiaâ&#x20AC;&#x2122;s poor countries have never even seen a school. Poverty leads to illiteracy; illiteracy leads to excessive population growth; over-population leads to poverty; both overpopulation and illiteracy lead to economic downfall; this is a vicious circle among the poor countries. Corrupt governments and extortionist policies of rich countries and political interference seal their doom. Frankly speaking, countries having wealth and resources have no will to help the deprived nations seriously, rather it is in the interest of rich countries that people of poor countries should work as cheap labour and produce cheap raw materials and supply cheap natural resources. All 58 Islamic countries of the world spend 1200 billion dollars on education while Japan alone spends 5000 billion dollars, four times of all Islamic countries put together; spending on education, upon science and technology; Germany spends 1000 billion dollars upon education for science and technology. All advanced countries have huge funds allocated for research and development in all the fields of science, art and sociology. All Islamic countries have 430 universities; 500 Ph.Ds come out of them annually. Japan alone have 1000 universities. Universities of United Kingdom produce about 3000 Ph.Ds each year, six times the number which all Islamic world produce. Many Islamic countries have great wealth but their priorities are

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(365) different from furthering of educational cause within Muslim states. As UNO’s charter of human rights gives right to each man to receive education; Islam, in 610 AD made it incumbent upon all Muslim men and women to receive education and increase their knowledge till the day they die; seek knowledge even if you had to travel to China; words of wisdom are a Muslim’s right to acquire; travelling for education is a Holy War, seeker of knowledge dies a martyr’s death; such profound words of Prophet Muhammad (SAW) infused a spirit and a love for learning among the Muslims who soon became world leaders and opened the new fields of scientific studies in the human history. This is a fact which is recognized by all the Western scholars  surely Muslims are fathers of modern learning. The Muslims’ cherished past is now an old story while in the present time, they lack the spirit of learning. In addition to European nations, even Japanese and Chinese nations have shown great achievements while Muslims have nothing much to boast about. In European countries as well as other rich countries, literacy rate approaches hundred percent, as enough scholars are present to give good education. But in the third world countries, literacy rate may be as low as 25% and standard of education is very poor and also the educational institutions are in poor conditions. In my country Pakistan, big cities have relatively good educational facilities. As in many countries, in Pakistan, an excellent education is provided by missionaries’ schools who are invariably among the best ones. In small towns and villages, education facilities are very poor. Even in rich countries, along with good educational institutions, there are innumerable institutions run solely for business purpose; thousands of foreign students get admission in these, just to get foreign degrees to enhance their prospects to get jobs back in their countries. In almost every country of the world especially in the third world countries, there is open disparity in the standard of education in schools. This is also a violation of human rights as children do not have equal opportunities to get education. In my province Punjab, twenty thousand schools are without electricity, nor have facility for drinking water, nor have wash-rooms; many of them do not have complete building. 45% children leave schools before reaching fifth class due to economic reason to help their families by working as child labourer or to look after their own houses while elders go to work. Education

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(366) standard in the most schools is very low as teachers are not qualified enough, nor are paid well. According to CIA World Fact Book 2005-06, adult literacy rate is as follows; Pakistan 49.9%, India 61%, Iran 77% Iraq 74%, Saudi Arabia 79.4%, Turkey 87.4, Mali 19%, Niger 28.7%, Chad 25.7%, South Africa 82.4%, Sri Lanka 90.7% Public expenditure as of GDP for these countries is as follows: Pakistan 2%, India 3.3%, Iran 4.8%, Turkey 3.7, Niger 2.3%. So it is observed that literacy rate is good where percentage of GDP spent on education is more. In countries like Pakistan, there are hundred thousands of madrassas or mosque schools run by peoples’ donations; students who pass out from such schools have good religious learning, but have only a little modern scientific knowledge. Still such schools are doing great service for very poor students’ education as a non-government educational institutions. Quality of education is very much dependent upon student teacher ratio. Advanced or rich countries have low ratio; U.S.A. has 14, Sweden 10, Canada 17, Japan 19, Saudi Arabia 12, Norway 11. But relatively poorer countries have high studentteacher ratio; Pakistan 38, India 40, South Africa 34 Sudan 29, Iraq 21, Mali 52, Niger 44. Thus it is obvious that wealth of a nation affects quality of education; also good governance, social and political priorities towards education. Education as a whole is much needed and is of extreme importance for all the nations of the world, as good education leads to mutual friendship and understanding, it lifts a nation economically which in turn is good for world’s business as well as a more crime-free world. In the last one century, the scope of knowledge has increased tremendously. New inventions have helped tremendously in research; now men explore outer space, under sea-water world, every part of the earth including high and inaccessible mountains, deserts and forests bringing to light new knowledge of unseen for the delight of the world by providing a great wealth of knowledge which was not possible to acquire in the past. It has brought great blessings for the mankind especially in the field of health-care; invention of new potent medicines and instruments to combat those ailments which were not traceable and treatable before. Inventions in the field of agriculture have made possible to increase production of food for ever growing population; new entertainment appliances like television, D.V.D. players, computers and musical instruments

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(367) have altogether changed the culture of the world and have brought great goodness for the world. Along with blessings of advancement of science benefiting the mankind, education and science have played a great part to bring disaster for humanity too. Inventions of new warfare techniques, invention of different types of bombs like atomic bombs, chemical and biological bombs, missiles, war planes etc., almost all the countries are investing a huge amount of money to be powerful, to frustrate designs of enemies, to subdue weaker nations and even to grab territories from other nations. Production of warfare arsenals is one of the greatest business of powerful rich countries which bring to them huge revenue to increase their wealth, to increase disparity between rich and poor countries. All the rich countries have one thing in common, that is sale of armaments as their greatest business. On the other hand, poor nations have one thing in common, instability of political systems, insecurity and internal strifes, a situation which suits the ammunition producers for increase in their wealth. So modern advancement is benefactor as well as destroyer and curse for mankind at the same time. A large majority of the world’s population are deprived of basic human rights as recognised by U.N.O. regarding health, education, food, security of life etc. These are results of clandestine unified efforts of rich countries to deprive the weak nations of their wealth resulting in poverty which is root cause of the most human sufferings and human right violations  this is undoubtedly a loathsome ugly reality, a shameful truth. Information Secrecy Every country has some departments which keep many of their operations as secrets which are inaccessible to common men as well as newspapers and medias etc. For example, a country’s army have secret services and secret operations as well as secret funds. Likewise, police departments keep their operations and raids upon criminals a secret; also are kept the account of their informers as secrets. Governments of all the countries keep many of their policies and operations secret, also operation of their secret agencies in enemy’s as well as friendly countries. Especially, the policy about taxes in the coming budget is kept secret from the public especially the businessmen. So every government has a right to keep secret all those affairs which are of national interest and its release can be injurious for public as well as national interest. But if someone is hurt by some secret information, then he can approach the court who can order the

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(368) agency concerned to release the information to the court. Role of Inventions In the present era, invention of television and computers have made it possible to get tremendous knowledge through educational programmes. Internet services have made it possible to have access to the most libraries of the world and a seeker of knowledge can have an access to any book on any subject to relinquish his thirst for knowledge. Role of Media Newspapers and magazines give almost all the informations which a knowledge loving person needs in the field of politics, social issues, religious issues, and almost every aspect of current affairs. It is not wholly untrue that such instruments of information are also used by men or organizations with vested interest to misguide its readers. Most televisions, newspapers and magazines have politically motivated programmes to influence its audiences and readers without letting them to be aware that they are being misled and are being indoctrinated by powerful agencies and mafias to a certain political view point. Thus disinformation has become an art and great science too. Though it is a right of a person to get current information, but in practice, truth is not easy to get. So every reader must be on alert that literature which one reads and programmes which he watches must be judged and verified with careful analysis. In educational institutions giving religious instructions, the most institutions are biased, so are institutions giving political instructions. No institution run by the Christians or the Hindus can be expected to speak of any good about Islam and the Muslim states but only that which serves their interest; this is an unfortunate truth. Such a biased attitude is almost impossible to eliminate not even within Islamic states where sectarian and political differences affect the information and educational instructions (every sect has its own peculiar system of education). Thus truth is hard to find even with the best efforts and by joining the best of institutions. This is unfortunately a truth without a remedy in near future. Men are born upon different natures, and education usually make them hard upon their beliefs and affects their personalities permanently. The main function of education for a man is to transform him into good person; as per authorâ&#x20AC;&#x2122;s belief, only Islam has the capacity to do so.

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(369) Islam has a magical power to transform people into good human beings with universal emancipation for all mankind. The salient feature of Islam is its broadmindedness, tolerance and universal love and spirit of sacrifice for Allah’s cause. Islam instructs men to establish political system based upon justice and equity for all without consideration of religion, race, nationality. Peoples’ affairs must be run with mutual consultation. In Islam, one of the best virtues of a man is to get education and then improve it even if one has to travel to the farthest part of the world. The Holy Qur’an instructs men to ponder into the wonders of heaven and space; to investigate the movement of winds and clouds; the wonders hidden in land and mountains; the wonders present in the seas; the wonders of animal lives and wondrous phenomenon hidden in human bodies as well as all living beings. The Holy Qur’an instructs to investigate geological differences in the world and fascinating powers hidden in God’s creation. There is absolutely nothing which the Holy Qur’an leaves away for a man to search into. It has messages which guide men to become of good character, to be considerate to family and people around; it guides men to earn with hard work and honesty; to be ever ready to do social works and fight against injustice; and the foremost of all to show respect to all the Prophets before prophet Muhammad (S.A.W.) and bow before Allah five times a day; prayers in Islam is the best gift of Allah for all the human beings which transforms a human character from irresponsible behaviour into good behaviour. This is because the prayers provide instrument for Muslims to self-suggest to become morally good and to acknowledge that all are answerable to God for all misdeeds, thus prayers have miraculous psychological effect on human character which is actually an end goal of all learning, knowledge and studies. From proceeding of conference of Riyad, Paris, Vatican City, Geneva and Strausbourg 1972-1974 on Moslem Doctrine and Human Rights in Islam. EDUCATION IS THE BASIS OF HUMAN DIGNITY IN ISLAM Thus, the Islamic idea, underlying the obligation of learning, is extremely comprehensive, as it considers education to be the very foundation of human dignity. In fact, the Koran declares that “ignorant men will never

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(370) be equal to the learned” (see XXXIX, 19), and somewhere else: “The fear of God is the privilege of the learned”. That is why man is urged to ponder over all things around him, in this great universe. He must open his eyes on all creatures and all creations, and see with what infinite care this world has been planned and formed. He must observe and examine, in a scientific way, all the wonderful things created by the Almighty, because it is through science, in the broadest sense, that he can eventually understand what, at first sight, seems inexplicable. To arrive at a deeper knowledge of his Creator, he may, without hesitation, make use of all technical means and all technological acquisitions. This exhortation to learning constitutes one of the fundamental precepts, because the Koran considers science as conducive to the knowledge and adoration of God and to the prosperity and peace of the world. All these principles are designated as “call to life” in Islam, where religion is tied to education, as also to mind and reason. Briefly speaking, religion and life are one, as number of Verses testify, like this one in particular: “Obey Allah and the messenger when He calleth you to that which quickeneth you.” (VIII, 24). From previous statements, one may maintain and assert, that science, in Islam, is the essential basis of human dignity. Only through the educated, and those wanting to learn, can anything good be accomplished. The others, that is the ignorant, do not count in life. TO FIGHT IGNORANCE HAS BEEN THE PRIMARY CONCERN OF ISLAM The primary concern of Islam in its origin was to fight illiteracy, the most common evil among the Arabs, at the time of the advent of Islam, to which an urgent remedy had to be applied. For that reason, the Prophet made education obligatory on all Moslems, men and women, by urging them to contemplate all occurrences, in the sky or on the earth. This contemplation corresponds to the Islamic idea of complete education, necessary for the full development of human personality. This is the education which opens the mind to the realities of life and the universe, and to the relations of man to this world and all beings in it, relations which are based in Islam on the dignity of all men. It explains why the Prophet, after the battle of Badr, set the ransom for each prisoner as the teaching of ten illiterate Moslems. He was the first, so far as we know, to do such thing, in spite of financial difficulties experienced by the Moslems. He

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(371) wanted to show that education for his adepts was more important than material needs, however urgent these may have been, considering his campaign against ignorance as the key to knowledge and technology. There appears the significance attached by Islam to the development of human personality and dignity. Again, still in the same line, the Prophet threatened with severe punishments, both the learned who neglected their duty of teaching the ignorant, and the ignorant who refused to learn. He encouraged them all to do their best in this respect, by declaring that the learned and those under instruction, unlike others, acted together for good deeds. He preferred a thorough education to art excessive devotion, and taught that nothing is better than progress in knowledge, as it leads to good and guards from evil. For one could not fervently practise one’s religion, and remain ignorant at the same time. EFFECTS OF EDUCATION AS A RELIGIOUS OBLIGATION ON MOSLEM BEHAVIOUR That encouragement to learning and education and the fact that the Koran and the Prophet made them compulsory for all, men and women, caused Moslems to make a prodigious rush for science. Gustave Le Bon was astonished at seeing the collective appetite of Moslems for education. Referring to the sayings of the Prophet just mentioned he wrote: “Science, so neglected by others, is most dearly appreciated by Moslems. Besides, to them belongs the pertinent remark; men are those who learn or know, the rest is rabble and good for nothing.” (La Civilisation des Arabes). In the same book, he said: “The Moslems’ zeal in studying was truly astonishing, and if other nations were equal to them on this point, none perhaps ever surpassed them. Whenever they captured a city, their first concern was to build a mosque and a school, and in the large centres, these schools were always numerous. Benjamin of Tudelo, who died in 1173, reports having seen twenty in Alexandria. Besides ordinary schools for teaching, great cities like Baghdad, Cairo, Toledo, Cordova etc..., possessed also universities equipped with laboratories, observatories, rich libraries, in brief all the material necessary to scientific research. In Spain alone, there were seventy public libraries, among which that of Caliph El Hakam II in Cordova, according to Arab writers, contained six hundred thousand volumes and forty-four for the

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(372) catalogue alone. On this subject, it has been justly remarked that, four hundred years later, Charles the Wise could not collect, in the royal library of France, more than nine hundred volumes, hardly one third of which did not deal with theology.” He again asserted that “science, so neglected by others is most dearly appreciated by Moslems. Besides, to them belongs the pertinent remark: men are those who learn or know, the rest is rabble and good for nothing.”

Islam had been the greatest benefactor for humanity in almost all the aspects of life; hereunder we quote only those sayings of Prophet Muhammad SAW which pertains to learning and knowledge. 1.

It is incumbent upon every Muslim man and woman to seek knowledge.  Maja, Darmi

Seek knowledge from the cradle to the grave.

Whoso labours for the sake of knowledge, Allah makes his way to Paradise easy.  Muslim

A scholar excels over a worshipper like a full moon excels the stars.

A person who travels for the sake of acquiring knowledge is like a holy warrior till he returns.

Ahmed

Ahmed, Tirmizi, Abu Dawood, Ibn Maja, Darmi

 Tirmzi, Darmi 6.

Acquiring of knowledge is penitence for all previous sins.

Striving for more knowledge is better than worshipping more.  Baheeqi

Do not conceal knowledge from each other, because dishonesty in knowledge is greater sin than dishonesty in wealth.  Ahmed, Tirmzi, Ibn Maja, Darmi.

An illiterate person should not be content with his ignorance while a man of science should not stop from increasing his knowledge. Mishkat

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 Tirmzi, Darmi

(373) 10.

Allah is the Most Generous of all, then I am the most generous among the sons of Adam, after me is the one who acquires knowledge and then publicizes it. Such a man will appear majestically like a king of a nation on the Day of Judgment.  Baheeqi

11.

The best charitable act is to educate a Muslim brother, and then he too in turn educates another Muslim brother.  Mishkat

12.

If a man conceals a fact of knowledge which he knows, then on the Day of Judgment he will have a rein of Fire.  Mishkat

13.

The best of good acts in to get education and then give education to a Muslim brother. Misc. Coll

14.

Seek education, in order to get education, cultivate patience and respect in yourself and be humble before the teacher who teaches you. Misc. Coll

15.

Do help others in education, do not conceal knowledge from each other; concealment of knowledge is a greater sin than dishonesty in money-dealing. Misc. Coll

16.

Be humble before your teacher and also be humble before your students, do not behave like arrogant teachers. Misc. Coll

17.

Sit with your elders; put questions to your teachers, and mix up with wise men. Misc. Coll

18.

A well-formulated question is half the knowledge. Misc. Coll

19.

Education in childhood is like a mark on stone while educating an old man is like writing on water. Misc. Coll

20.

Among my followers, the best ones are teachers; among the teachers the best ones are kindhearted; a kindhearted teacher will come, on the Day of Judgement, such that his light will glitter everything between east and west like a shining star. Misc. Coll

21.

Everything in the world is cursed except Allah’s remembrance, the teachers and the students. Misc. Coll

22.

A teacher whose knowledge is beneficial is better than thousand worshippers. Misc. Coll

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Teachers, scholars are like a lamp on the earth; they are Prophets’ vicegerents and inheritors of me and all the Prophets. Misc. Coll

24.

Whoso loves the teachers, he loves me, whoso pays respect to the teachers, he shows respect to me. (i.e. the Prophet)Misc. Coll

25.

The teachers and the students constitute mankind, all else are like insects. Misc. Coll

We can quote hundreds of sayings from Prophet Muhammad, (S.A.W.), about the excellence of students of knowledge and the scholars. Now we quote some verses from the Holy Qur’an to show how beautifully the Qur’an appreciates and encourages the seeker of knowledge and the scholars. 1.

In the creation of the heavens and the earth, and the alternation of the night and the day, there are indeed signs for men of understanding. Al-Baqarah 2:164

And He it is Who spread out the earth and set thereon mountains and rivers: and fruits of every kind He made therein in two sexes. He draws the night as a veil over the day. Verily, in these are Signs for the people who reflect.  Al-Ra’d 13:4

And surely in the cattle there is a lesson for you. From what is within their bellies, between the excretion and the blood, We produce pure milk for you which is pleasant for the drinker. Al-Nahl 16:67

And of the fruits of the date-palms and the grapes, from which you make intoxicating drink and get good food. Verily, in that there is a Sign for those people who make use of their intelligence.  Al-Nahl 16:68

And among His Signs is the creation of the heavens and the earth, and the variations in your languages and your colours. Surely, in that are Signs for the men of knowledge.  Al-Rum 30:23

And among His Signs is that He shows you the lightening for a fear and for a hope, and He sends down rain from the sky and with it gives life to the earth after its death. Surely, in that are Signs for intelligent people.  Al-Rum 30:25

See you not that Allah sends down rain from the sky?

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(375) Therewith We then bring out fruits of different colours. And in the mountains are streaks white and red of various shades of colour and others roven black. And also amongst men and beasts and cattle are various colours likewise. Those truly fear Allah, among His Servants who are scholarly. Verily, Allah is mighty, Forgiving.  Al-Fatir 35:29 8.

This is a Book which We have revealed We have revealed to you, full of blessings, that they may ponder over its verses, and that those gifted with insight may take advice.

He grants wisdom to whom He wills, and whoever is granted wisdom has truly been granted abundant goodness; and none would take advice except those endowed with insight.  Al-Baqarah 2:270

10.

Then exalted be Allah, the True King! And be not impatient for the Qur’an (i.e. revelation) before its revelation is completed unto thee, and pray: O my Lord, increase my knowledge.  Ta Ha 20:115

We can quote hundreds of verses from the Holy Qur’an in which Allah has commanded men to reflect upon different fields of science, history, (30-9, 12-109. 40-21) sociology, (7-181, 30-23, 2_213) biology (30-20, 22-5) geography, celestial objects, metaphysics (22:5) This is greatness of Islam that, at a time, when mankind was drowned in the darkness of ignorance, superstitions prevailed and different forces and objects of nature i.e. trees, mountains, sun, moon, stars, wind, lightning, animals etc. were being worshipped as deities, the Holy Qur’an called all these things inferior and subservient to men. The greatest stress was drawn upon science, knowledge and observation of the manifestations of Allah’s powers. This opened for the first time, human mind towards learning and insight. There arose among the Muslims, great interest for art, science and religion. Islam produced great men of learning in about all the fields of science and arts; the main influencing factor being the Holy Qur’an and the teachings of the Prophet himself. In the field of Geography, Mr. Yaqut’s Mujam al-Buldan (1179-1229 AD) contains whole geographical knowledge of the age, history, ethnography and natural science. Al Khwarizmi wrote Surat al Ard (Image of the Earth) which is a great book, and served as basis for further geographical researches.

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(376) Abu Mashar, Al-Farghani and others wrote books on astronomical matters and discussed causation of tides, preparation of calendars, star tables and horoscopes. Al-Zarqali and Abu Ishaq Ibrahim ibn Yahiya (1087 AD) wrote great books about astronomy which were later translated in Latin. Al-Beruni, as we know is counted as one of the greatest men in the field of geography and as a historian. Ibn Batuta (1304-1378 AD) was a great Arab traveller, scholar and historian known to the Westerners too well. In Caliph Mamun’s time, famous astronomers made systematic observations of the celestial objects. They wrote about obliquity of the ecliptic. The precession of the equinoxes, the length of the solar year, measurement of circumference of the earth and its size. This was done at a time when in Europe, according to the churches, the earth was still flat and stationary while the sun circled around the earth. Other scholars determined the exact visibility of the new moon, theory of the earth’s rotation on its axis and determination of longitudes and latitudes; such determinations were blasphemy and heresy among the Christian world. The Muslims also produced great men of astrology like Ali ibn Abi’l Rajal, Abd al Rahman al-Sufi and Ibn Al-Haytham (Alhazen in Latin). In Mathematics, Muslims made great achievements. AlKhawarizmi was a great mathematician whose works were translated into Latin, which dealt with Arithmetics, Algebra, Astronomy, through his works the Europeans received decimal notations. He wrote theory of equations of the second degree. Ibn Qurra made great advances in the sciences of trignometry. AlKhazini developed the idea of equilibrium, of gravity and specific gravities. Al-Battani wrote trignometrical functions and introduced tangents. Abu’l Wafa studied the quadrature of the paraboloid. Habash invented tables of contangents in parts of the gnomon. Al-Kindi discovered the laws of governing a falling body. Al-Farabi developed logarithmic laws while working on music. Umar Khayyam is well-known for his work on Algebra. Nasir alDin wrote a book on spherical trignometry. Thabit bin Qurra worked over integral calculus. Abu’l Abbas Ibn Banna alMarrakushi (13th century) wrote ‘Summary of Arithmetics Operations’. Ibn Hamzah al-Maghribi (16th century) laid foundation for the invention of the logarithm through the study of numerical series. In addition, Muslims have produced thousands of great mathematicians which are well-known even to the Western world. Their books were a part of the syllabus in the

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(377) European Universities. Muhammad Ibn Zahariyya al-Razi (Rhazes in Latin) AlBeruni and Abul Barkat al-Baghdadi were the greatest physicist of their time. Al-Baghdadi studied the acceleration of falling bodies and believed in accelerated motion in contrast to Aristotelian theory. Ibn al-Haytham used balance to measure specific weights of the substances. He fully understood the principles of gravitation and recognised gravity as a force. He knew the relation between the velocities, spaces, and times of falling bodies, and had very distinct knowledge of capillary attraction. The Muslim scholars made great contribution to the question of force and motion and provided the roots for many ideas of Galileo and Newton. In big Pisan Dialogue, Galileo makes use of the impetus theory which owes back originally to John Philophonos and which owes its development to several Muslim figures e.g. Ibn Sina and Mulla Sadra, Ibn Haytham developed the important concept of momentum. Ibn Majjah conceived of gravitation as an inner force which moved bodies from within in the same way that the intelligence moved the heavens, his arguments again found their echoes in Galileo. Thabit Ibn Qurrah (9th century) wrote his famous work on the lever. Al-Jazari wrote â&#x20AC;&#x2DC;the Book of Knowledge of Ingenious Mechanical Devicesâ&#x20AC;&#x2122; with beautiful illustrations. Others like Safawid and Ottoman scientists wrote on automata and the working of the machines. In the field of optics, Ibn Haytham (965-1038 AD) is outstanding. He was among the first physicists to investigate the magnifying power of lenses. He demonstrated that the rays of light come from external objects to the eye, and do not issue forth from the eye and impinge on external things as believed by the Greeks. He determined retina as the seat of vision and proved that the impressions made upon it were conveyed along the optic nerve to the brain. He too developed the second law of reflection that the incident ray, the normal and the reflected rays are in the same plane. He made original contributions in the law of refraction such as that a ray of light takes the easier and quicker path. He was the first to demonstrate experimentally that light travels in a straight line. Qutab ad Din al-Shirazi explained phenomenon of rainbow by applying the optics of Ibn Haytham.

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(378) Al-Qazwini and Bhaskara had studied the phenomenon of the surface tension. The Muslims greatly developed the science of warfare, which brought them great victories in Europe. The Muslim Physicians made a great contribution in the field of medicine. Al-Razi (Rhazes in Latin d. 930 AD) was the greatest of his time. He wrote about hundred books on the subject of medical sciences. He was the first to write with authority about smallpox and measles. His work was translated and printed in Latin, English and other European languages about forty times between 1498 AD to 1866 AD. Abu Ali al-Husain Ibn Sina (9801037 AD) (Avicenna in the West) wrote ‘Canon of Medicine’. It was translated in Latin and was the guide of medical study in European Universities until 1650 AD. The treatise of Ali Ibn Isa of Baghdad and of Ammar of Mosul, were the best text books on the eye diseases until the first half of the eighteenth century. Ibn Khatima (d 1369 AD) wrote about plague which was the last book in the centuries to come. The practice of medicine was regulated in the Muslim world from the 10th century onwards, pharmacists were regulated and the Arabs produced the first pharmacopoeia drug store. Barber shops were even subject to inspection. Mobile hospitals were present in the 11th century. The great hospital of al-Manaur, founded in Damascus around 1284 AD had different wards for different diseases and a separate ward for surgical cases. There were lecture rooms and a dispensary and kitchens too. Early Muslim doctors had advanced knowledge of blood circulation in the human body. The work of Abul Qasim alZahrawi in Kitab al Tasrif, on surgery was translated into Latin. Kitab al-Maliki of Al Mujusi (d 982 AD) showed that the Muslim physicians had an elementary conception of the capillary system. Early Muslims have maintained botanical gardens to cultivate and study rare drug plants. Ibn al-Baytar wrote “the collection of simple Drugs” which is regarded as the greatest Arabic book on botany of the age. He described 1400 medicinal drugs comparing them with the records of over 150 writers before him. Al-Idrisi, the great geographer of the Islamic world, described 360 samples of plants and drug along with a detailed botanical introduction. Abul Qasim Khalaf bin Abbas Al-Zahrawi (Abucasis in Latin) (1013 AD) was the greatest surgeon of his time and his book on surgery was the manual of surgery in many universities of Europe till eighteenth century. Avicenna’s Qanun and the Arjuza became the foundation of all medical knowledge.

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(379) The Muslims developed both Anatomy and Pharmacy into great sciences. Ibn Khatima composed his theory of contagion regarding plague and other contagious diseases. Ibn Zuhr was one of the great clinician who wrote ‘the Book of Diets’ which is among the best of its kind. Ali Ibn Isa wrote ‘Treasury for Ophthalmologists’. He was also the first person to propose the use of anaesthesia for surgery. Ibn al-Quff wrote ‘The Basic Work Concerning the Art of Surgery’. Iba Rushd’s book on medicine, the ‘Kitab al-Kulliyyat’ (The Book of General Principles, Colliget in Latin) became famous in the West. In the field of Chemistry, Jabir Ibn Hayyan’s (Geber in Latin) name is the most famous (about 776 AD). He developed process of evaporation, filtration, sublimation, melting, distillation, crystallization. He produced acids, alkalis, alums, mercury oxides, lead acetate, Aqua regia, salt petre, vitriols etc. Uthman Ibn Suwaid wrote Turba Philosophorum which remained the most popular book in Europe during the Middle Ages, and the Renaissance. Al Razi (925 AD) was one of the greatest chemist and a founder of chemistry. He gave description of chemical processes, such as distillation, calcination, filtration and the like. Ibn Sina’s Shifa is well-known even in the West in which he described chemical apparatus even. In the field of philosophy and Theology, the Muslims have produced men like Ibn Rushd (Averroes) and Ibn Sina (Avicenna) who are famous for their treatise about Aristotle’s philosophy. Al-Farabi (950 AD) wrote treatise on ‘the Soul and the. Faculties of the Soul’. Ibn Hazm of Cardova (994-1064 AD) was a great figure of his time and made systematic treatment of the subject of comparative religion. Al-Shahristani (1086-1153 A.D.) wrote famous ‘The Book of Religion and Philosophical sects’. Fakhar ud Din al-Razi (1149-1209 A.D) was the most outstanding humanist of his time in the centuries to come. Al-Ghazzali (1059-1111 A.D.) was Socrates of the Muslims and wrote treatise on the place of reason as applied to revelation and theological theories. Averroes’ work was taught in the University of Paris for centuries. In the field of Natural History, the Muslims did pioneer works. Ibn Qutaibah’s ‘Uyunal-Akhbar’ (The Most Essential Information) is very well-known while Al-Qazwini, Al-Dimashqi, Al-Masudi, Al-Jahiz wrote very important books pertaining to the natural history.

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(380) In the field of Geology, the Muslims paid special attention and fully understood the gradual character of geological change over a long period of time which had changed the sculpture of the surface of earth. Al-Beruni writes, ‘We have to rely upon the records of rocks and vestiges of the past to infer that all these changes should have taken place over a long period of time and under unknown conditions of cold and heat. (Biruni’s picture of the world in Memoirs of the Archaeological Survey of India by Z. Validi Togan). Muslim students were also fully aware of the origin of fossils. ‘The Epistles of the Brethren of Purity’, written in the 10th century A.D. had already described fossils as remains of sea animals which had become petrified in a place which is now land, but which had been a sea in bygone ages. Similarly the Muslim scientists were fully aware of many major geological phenomenon such as weathering, the difference in the degree of resistance of various mountain formations, to the weathering process, the accumulation of sand created by wind and water in their endless action upon rocks, and finally the coming into being of sedimentary rocks through this process. (“Les idees d’Avicenne sur la geologie” Millenair d’Avicenne, Congres de Baghdad 1952, by N. Sate-al-Hosri). Perhaps the most remarkable geological observation ever made by a Muslim scientist, however is Al-Biruni’s identification of the Ganges Plain in India as a sedimentary deposit. You can scarcely help thinking that India was once a sea, which by degrees had been filled up by alluvium of the streams. (Alberuni’s India translated by E. G. Sachan London 1910). In the field of Mineralogy, the Muslim scientists worked outstandingly. Al-Kindi (ninth century) wrote ‘Treatise on various Types of precious stones and other kinds of stones’ and also ‘Treatise on various Types of stones and jewels’. He also wrote on Metallurgy and the art of making swords, this being the first book of its kind in Arabic. Ibn Sina in his Shifa and Qanun (Canon) wrote about precious stones. Al-Beruni combines the philological, medical and even philosophical approaches in his book ‘The Book of the Multitude Knowledge of precious stones’. Works on mineralogy and stones were also written later centuries by many students such as Abul Abbas al-Tifastri, Nasir al-Din al-Tusi. Abu’l Qasim Al-Qasani, Al-Qazwini, Al-Razi, Al-Jahiz, Al-

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(381) Dinawari. The book Kitab al-Murshid by Mohammed Ibn Ahmed al-Tamimi is a major work on minerals, stones and metals and is quoted by later authors. Other prominent figures are Ibn al-Athir, Ibn al-Jauzi and Daud al-Antaki. In the field of Botany, among the earliest scientists is Jabir ibn Hayyan who wrote Ilm al-Hayat (The knowledge of Botany) and Ilm al-Filahah (The knowledge of Agriculture). Ibn Wahshiyyah wrote ‘Nabataean’ (Agriculture). His work also included ancient agricultural practices of the Near East and occult sciences. This work exercised an immense influence upon later Muslim authors and Western scientists too. In the 8th century Abu Nadr ibn Shumail and Abu Zaid al-Ansari of Basra and Ibn al-Sikkit of Kufa collected information about plants. Abu Said Al-Asmari wrote a book called ‘Kitab al-Nabat wa’l Shj’ar’ (The Book of Plants and Trees). In the 9th century Ali ibn Rabban al-Tabari wrote comprehensive book about plants. Hunain ibn Ishaq also wrote about plants and trees but Abu Hanifah alDinawari’s ‘Kitab al Nabat’ (The Book of plants) is very outstanding, Ibn Sina in his ‘Shifa’ (Book of Healing) wrote about plants from scientific, pharmacological and philosophical point of view. Al-Beruni in his book at-Saydanah dealt the plants with scientific and pharmacological point of view. Ibn Bajjah wrote two books i.e. ‘The Book of the Two Experiences’ dealt with medicinal properties of the plants while ‘The Book on plants’ dealt, with physiology of plants. Ibn Rushd also wrote ‘the De Plantis’ on this subject. A systematic botanical knowledge was compiled by Ibn al-Awwam, al-Ghafiqi, Ibn Al-Baytar (from medicinal point of view). The 14th century saw encyclopaediacal works on all the sciences, including botany. The encyclopaedias of Al-Qazwini, Shams al-Din al-Nuwairi, Hamdallah Mustawfi, the Tuhfat alAjaib (The Gift of Wonders) Al-Juzuli, Umar ibn al-Wardi wrote extensively about plants. These works were translated into Latin and other European languages. In the field of Zoology, Al Jahiz wrote ‘Kitab al Hayawan’ (The Book of Animals) in which he classified into four categories about 350 different animals. Al-Kindi, Al-Farabi and Ibn Qutaiba wrote about Zoology extensively. Ibn Sina in ‘Shifa’ wrote about animals describing psychology and physiology. This work was translated by Michael Scott for the West. Ibn Bajjah and Ibn Rushd were other great authors of Zoology. Al Qazwini, AlDimashqi, Al Nuwayri, Al-Jildaki, Hamdallah Mustawfi, AlUmari, Al-Juzuli, Al-Qalqashandi all wrote notable treatise to the

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(382) study of animals. In the 14th century, Kamal-ud-Din Al-Damiri wrote, ‘The Great Book on the Life of Animals’ which systematized all previous works. Many Muslim scholars and scientists composed works on both veterinary medicines and the use of animals in the treatment of man. Such works were done by Al-Asmai, Abd Al-Mumin Al-Dimyati, Al-Jawaliqi, Ibn AlMundhir. In the field of Architecture, the excellence of Muslim architects is beyond question and influenced Christian architecture of the Medieval period. The mosques of Cordova, Cairo, Isfahan, Alhambra of Granada, Taj Mahal of Agra, Great Mosque at Samarra, are few well-known examples of excellence of Muslim architects and had profoundly influenced all the European buildings built after 9th century. In the Minor Arts, the Muslim craftsmen excelled in all the fields and were world leaders. The Muslim artisans manufactured pottery, textile products, glazed decorative tiles, metal works, jewellery, cutlery, sword blades, astrolabes, earthen wares, wooden carved furniture, ivory items and others, and perfected themselves in their art and led the world for many centuries and were the inspirer for the Western world when they were just cave dweller barbarians. In the field of History, Ibn Khaldun was the inventor of a new science of History and he completely out-distanced all the historians of the Middle Ages. Other great Muslim historians are Ibn Ishaq, (d 768 A.D.) Ibn Hisham, Al-Baladhuri, Al-Waqidi, Yaqubi, Ibn Abi Tahir, Al-Tabari, Ibn Qutaybah, Al-Masudi, Khatib Al-Baghdadi, Ibn Al-Athir, Miskawayh, Ibn Khallikan, AlMaqrizi, Al-Suyuti, Al-Anda1usi, Ibn Al-Qutiyah, Ibn Hayyan, Ibn Al-Faradi, Ibn Bashkuwal, Ibn Al-Abbar, Ibn Al-Khatib. Commenting on the contribution of Muslims to historical and other works Sarton says, “The main task of mankind was accomplished by the Muslims.” In Literature, the Muslims too excelled all the nations of the world. In the words of R. L. Gulick, “It was the Islamic literature of Spain that exercised the most profound influence on European literary development.” Muslims have produced great poets, fable writers, books touching love and human sentiments. Since early Islam, due to great emphasis which Prophet. Muhammad (SAW) and the Holy Qur’an put upon education and learning, Muslim parents started giving attention towards the

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(383) education of their children upto the age of six. Children were taught at home; then they were sent to elementary schools attached to the mosques. The greatest stress was upon learning the Qur’an and the Hadith and to learn how to write. For higher education, the students went to private schools established by the scholars. The first important institution for higher education was Bait al-Hakmah (the House of Wisdom) established by Al-Mamun in Baghdad in 830 AD. There was an academy, a public library and an observatory attached to it. For still higher education, Nizamiyah was established in 1067 AD. It provided all the physical and intellectual needs of the students and, in fact, became a model for later institutions of higher education in the West as well as in the East. All European universities for higher learning were based on the model of the Nizamiyah. The universities of Oxford and Cambridge in England were established on the same pattern (Reuben Levy, A Baghdad Chronicle, Cambridge 1929). Nizamiyah type institutions of higher learning were established in all cities of the Muslim World, including Spain. The basis of the curriculum in all these institutions was the science of Hadith and the Qur’an, but other scientific subjects were also taught. According to Hitti in the History of Arabs, “Though mainly a private concern, education was nevertheless so widely spread that a high percentage of Spanish Muslims could read and write — a situation unknown in Europe at that time — higher education was based on the Qur’anic exegesis and theology, philosophy, Arabic grammar, poetry and lexicography, history and geography. Several, of the principal towns possessed what might be called universities, chief among which were those of Cordova, Seville, Malaga and Grenada. The university of Cordova included among its departments astronomy, mathematics and medicine, in addition to theology and law. Thousands enrolled and its certificate opened the way to the most lucrative posts in the realm. The University of Grenada (1354 A.D) had many foreign students, as did that of the university of Cordova. Its curriculum composed theology, jurisprudence, medicine chemistry, philosophy and astronomy. Libraries were opened in almost all cities of the Muslim lands. Kings, dignitaries and rich people took pride in establishing libraries through gifts and bequests. All educational institutions had their own libraries and “mosques” also

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(384) functioned as repositories for books. One library, Khizanat alKutub, was founded by Adud ad-Dawlah (977-982 A.D.) in Shiraz where “books were arranged in cases and listed in catalogues and it was administered by a regular staff”. A library in Basrah was established in the same century and its founder granted scholarships to scholars working in it. During the same period, there was a library, Home of Books, in al-Rayy, where over four hundred camel-loads of manuscripts were listed in a ten volume catalogue. In Spain too libraries flourished side by side with universities. The Royal Library of Cordova became the largest and the best after the addition of al-Hakam II’s own collection. Likewise, libraries were established in other centres of learning, including Grenada, Seville, Toledo and Malaga. There were also many private collections belonging to scholars and dignitaries in big towns and these were used by scholars and men of learning freely. These libraries were also used for lectures and scientific discussions and debates. Scholars and researchers from all over the country flowed to them and used them as store houses of knowledge. Eminent non-Muslim scholars have admitted the blessings which Islam brought for the world respecting education of mankind. Here are few extracts from the books: 1.

“To seek knowledge is duty of every Muslim man and woman. Seek knowledge even though it be in China. The savants are the heirs of the Prophets. These profound words of the great reformer are an indisputable contradiction to those who seek and exert themselves in putting the responsibility of the intellectual degradation of Muslims upon the spirit of the Qur’an... they will read that the Prophet incessantly called the attention and the meditation of his people to the splendid marvels, to the mysterious phenomenon of creation.” (Dr. A Bertherand, “Contribution des Arables an Progress de Sciences Medicates”, Paris 1883).

“It is to Mussulman science, to Mussulman art and to Mussulman literature that Europe has been in a great measure indebted for its extrication from the darkness of the Middle Ages.” (Marquis of Dufferin and Ava, “Speeches delivered in India”, London 1890).

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“We must not be surprised to find the Qur’an the; fountainhead of the sciences. Every subject connected with heaven or earth, human life, commerce and various trades are occasionally touched upon. (Hartwig Hirschfeld, Ph. D.M.H.A.S. “New Researches into the Composition and Exegesis of the Qur’an,” London 1902).

“One of the most deplorable things in history is the systematic way in which European writers have contrived to put out of sight the scientific obligations of the Arabs.” (H. G. Farmer, “Historical Facts in the Arabian Musical Influence”).

“The ancient culture of Greece, Rome and Persia were revitalized by the Arab genius and the Islamic spirit “(A.M. Lothrop Stoddard, “The New World of Islam,” London 1932).

“If the Greek was the father, then the Arab was the foster father of the scientific methods of dealing with reality.” (H. G. Wells, “The Outline of History,” London 1920).

“It (The Qur’an) has created an all but new phase of human thought and a fresh type of character.” (Rev. J. M. Rodwell “The Koran,” London 1918).

“The Koran did not contain a single statement that was assailable from a modern scientific point of view”. (Dr. Maurice Bucaille, “The Bible. The Koran and Science”).

“Europe was darkened at sunset, Cordova shone with public lamps; Europe was covered with vermin, Cordova changed its undergarments daily; Europe lay in mud, Cordova’s streets were paved, Europe’s palaces had smoke-holes in the ceiling, Cordova’s arabesques were exquisite; Europe’s nobility could not sign its name, Cardova’s children went to school; Europe’s monks could not read The baptismal service’, Cordova’s teacher created a library of Alexandrian dimensions.” (Victor Robinson, “The Story of Medicine”).

10.

About teachings of Islam and its influence on learning, morality and history Rev. B. Margoliouth, Rev J. M. Rodwell, Dr. Lancy Stubber Semson Ross,

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PART V

 Rights to Privacy  Rights to Liberty  Rights to Association  Rights to Political Independence  International Covenant Political Rights

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Civil

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Chapter 1

PRIVACY It is a basic right of every man to live alone or with family without any outside interference. He can refuse to give personal information about himself or his family or his friends and associates. If anyone or a news agency publicizes anything about his private affairs without his consent, that is violation of his privacy rights. And if such information is derogatory, he can take legal action under defamation law for violation of his privacy rights. No one has a right to enter in a place where one is alone or with friends, such trespassing is illegal unless and until law enforcing agency enters such a place with a legal authority or a search warrant from a magistrate or some legal authority. It is also a right of a person to refuse to give information to anyone or any agency and can ask assistance of a lawyer. In case, police wants to enter a place and there is a genuine emergency then they can enter a place, and if it is expected that a delay may cause a serious harm, loss of life or destruction of property, then law enforcing agencies can use all appropriate means, even force, to enter any premises. But if it is ever proved that such an entry was malafide then the aggrieved person can go to court and claim compensation. A person who is living in a secure house, no person or agency has a right to secretly tape his conversation or take pictures or record video film. But if a husband or wife is cheating or some person is indulged in a criminal or illegal activities, then secret agents may record secretly which becomes an evidence in a court of Law. My friend in New York used this method to get a divorce from his English wife who was cheating on him. He thus saved his 50% property from division between him and his wife. His wife was preparing for divorce under the charge of cruelty — a trick very common in America and Europe, played both by men or women to decamp with huge money after a divorce’s settlement. Islam accepts every man’s right of privacy and once Prophet Muhammad (SAW) was furiated when someone peeped into his house. Muslim elders instruct that one’s dog or stone-

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(389) throwing by children or one’s kitchen smoke should not give trouble to one’s neighbours thus violating their privacy rights. The Prophet said: When two friends meet, they are under Allah’s trust; it is not lawful for any one of them to leak out that secrets whose publicity is not liked by other. To tell other’s secrets is backbiting and it is worser act than committing adultery; it has no penitence. In Indo-Pak, there are many hundred thousands families who live in one room. Also in Bangladesh, over hundred thousands, stranded Pakistanis live in one room huts; three generations have lived in one room with no luxury of privacy; not even for newly-wed couples. Joint family system creates many social problems too, so wives usually ask their husbands to have independent houses. Though it is accepted generally that every person has the right to privacy, but in actual practice this right is much violated. Renowned men of political and social importance are followed by media agents to collect latest juicy and secret information to sell their newspapers and magazines; photographers and papparazis wait for hours, days and even months to get pictures of important politicians, singers, model girls and beauties by secretly following them, and then make money by it. Photographers and papparazzis sometimes secretly follow hundreds of miles with telephoto lens fitted to their cameras to take somewhat nude pictures of important personalities taking bath in private beaches with swim suits or far-off islands and hotels enjoying good time with opposite sexes. Such pictures may be used to blackmail individuals for money or as a political weapon against the opponents. Such secret informations gotten by the news men, papparazis or secret agencies are used internationally to harass politicians of other countries to destabilise them politically. There are many magazines which publicize with or without consent, the pictures and private juicy affairs of well-known people especially actresses, actors, singers and players. Sometimes magazines pay huge amounts too to get sole rights for such publications. Publications of stories and affairs of television, film and stage actors and actresses is universally accepted practice, very few people go for defamation suit to the courts; this is in a way, a publicity stunt to get fame and recognition. A person has a right to seek police’s help if some neighbour is indulged in acts which interferes with his privacy.

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(390) For example, if someone plays music loudly, which disturbs people in vicinity, then they can call police for help. If some unauthorised person enters a private residence or office space or a club etc., such an offence is illegal trespassing, and immediate remedial action can be taken by the one whose rights are violated. Every man has a right to keep his private important documents in lockers or elsewhere, and can also maintain secret bank accounts to which no unauthorised person has a right to have access. But in case of court suits, banks are obliged to disclose the information to the concerned authorities but not to the public. Also crimes investigating agencies have a right to get all types of information from an accused person, after getting a legal warrant and authority to investigate, this is permissible when someone is suspected of anti-state activities. My friends in USA told me that government keeps a secret surveillance of Pakistanis and others settled in U.S.A. and their private conversations are listened into and recorded by secret agencies; also their movements and meetings are being recorded and monitored. Even literature and books which immigrants read are checked lest it be anti-state publications. The right to privacy not only applies to a single man but also to a group of people who can make arrangement in a private location for social, business, political or religious gathering for enjoyment, or discussions or dining together in a private atmosphere from where all non-members are compulsorily excluded; special security measures can be undertaken to exclude intruders especially the media-men. During such gatherings, people have a right to disallow photograph taking or tape recording of the proceedings. Such private gatherings are very popular all over the world where rich or socially powerful men enjoy their time, such meeting places may be business oriented or politically oriented to increase social contacts, to get information or in many cases to seek exotic enjoyments. Sometimes minorities groups may arrange gatherings to express their religions, cultural or social feelings in privacy. In USA and some other European countries, the medias have a working rule that private information is made public only concerning those who have entered public life such as politicians, entertainers and athletes. Juicy stories, true or half true incidences and photographs sometimes make headlines on cover pages or first pages to attract readers and their fans; the fans

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(391) collect such information for pastime gossips with their friends. In U.S.A., South Africa, Rhodesia and some other countries, there were schools, clubs, transport systems and recreational resorts reserved only for Whites, all Blacks were excluded, but in the recent years, this tendency is quite diminished after violent reaction occurred among the coloured people. For our readers’ interest we hereunder quote a court’s findings: During the late 1950s and early 1960s Southern blacks, led by such people as Martin Luther King Jr., undertook to bring an end to segregation by non-violent means. This was to be done by attracting public attention to segregation policies in the hope that the public conscience would be aroused and demand their abolition. Against these efforts the Southern communities rolled out a battery of legal field pieces, some of them dating back to the early days of the common law. One of these was a prosecution for criminal trespass. Among the techniques employed to publicize segregation was the “sit-in” demonstration, in which black, sometimes accompanied, by sympathetic willies, would enter a restaurant or lunch counter with a WHITE ONLY sign in the window and ask to be served. When service was denied, they refused to leave, and the police would be called to arrest them for trespass. In five cases decided in 1964, the Supreme Court reversed on non-constitutional grounds, convictions for sit-in demonstrations. Although the Court carefully avoided the issue of whether state enforcement of trespass laws to effect private discrimination made the state a party to the discrimination, six justices in separate opinions indicated their stand on this issue. Justices Black, Harlan, and White argued that in the absence of a statute forbidding such discrimination, the impartial enforcement of trespass statutes does not make the state a party to the discrimination and hence does not deny equal protection, while Justices Warren, Goldberg, and Douglas argued that the framers of the Fourteenth Amendment had assumed the continued existence of the right of all citizens to enter places of public accommodation, and the refusal of the state to enforce that right as to blacks denies them the equal protection of the law. (See Bell v. Maryland; Bouie v. Columbia, Griffin v. Maryland, Robinson v. Florida, and Barr v. Columbia.) (Cases in Civil Liberties, p 164)

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(392) Both the Universal Declaration of Human Rights, Article 2, and the International Covenant on Civil and Political Rights, Article 17 state that: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation…… Every one has the right to the protection of the law against such interference or attacks.” This encompasses not only reclusion from neighbours or the avoidance of publicity but also freedom from unwarranted interference by state. “In its most basic form, privacy is simply a condition, the state of seclusion, anonymity and secrecy ... It is a state which can be lost, whether through the choice of the person in that state or through the action of another person . . . It is also an interest, to which people accord value: people have a need for privacy. When that interest is defeated, that is not just a loss, but an invasion or infringement of privacy. The question is, to what extent is it a legal right, so that infringements should be actionable at law?” (INFRINGEMENT OF PRIVACY; CONSULTATION PAPER JULY 1993) Privacy involves not only control over personal information and physical invasion, but also a “right to be left alone.” In his book ‘Privacy and Freedom 1970, A.F. Westin writes “Privacy is the claim of individuals, groups or institutions to determine for themselves when, how and to what extent information about them is communicated to others .... privacy is the voluntary and temporary withdrawal of a person from the general society through physical or psychological means either in a state of solitude or small-group intimacy or, when among larger groups, in a condition of anonymity or reserve. (Report on the Committee on Privacy) Every person wants, and needs, a private life, regardless of whether a particular person may be generally in the public eye. Evidence gathered by the Younger Committee indicated that the public were most concerned about invasions of privacy in the forms of unwanted media publicity or exposure; misuse of personal information by bodies which hold personal records such as banks, employers, credit rating agencies, colleges and doctors;

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(393) invasions of the home and home life by the media, private detectives, nosy neighbours, “doorsteppers” and the like; and problems in the commercial world such as industrial espionage. But a right to privacy will, by its nature, conflict with freedom of information and other competing liberties. The Younger Committee (Report, p. 10) ‘conceived of the right of privacy as having two main aspects: The first of these is freedom from intrusion upon oneself, one’s home, family and relationships. The second is privacy of information, that is the right to determine for oneself how and to what extent information about oneself is communicated to others. In his book ‘Civil Liberties and Human Rights in England and Wales, Oxford Press’, Mr. Feldman writes: “The idea that a person’s home and family life were to be free from violent intrusions was powerful. The king’s peace eventually developed to cover the whole country, but its roots are in the idea of personal, rather than national, security. The peace of the king was, originally, the peace of the householder writ large . . . The peace of the commoner’s homestead mirrored the original, localized, peace of the king. It gave a right of compensation for those brawling within the homestead. It was not simply related to property rights, and could have developed into a legally protected sphere of personal freedom from interference and oversight, which is the essence of a right to privacy. However, it took another turn, no doubt influenced by prevailing economic forms and structures. It became associated at common law with the idea of real property.”

One who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other. The right of privacy is invaded by (a) unreasonable intrusion upon the seclusion…...; or (b) unreasonable publicity given to the other’s private life…., or (c) appropriation of the other’s name or likeness…..; or

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publicity that unreasonably places the other in a false light before the public. Home is a castle of every man. Nobody has a right to enter one’s property without permission, merely flying over private property is not deemed as trespassing; but in restricted areas set by government, even flying over it is an offence lest some enemy takes photographs of that sensitive areas. But some persons have licence to enter private property for lawful purposes, such persons includes postmen, leaflet-droppers, electric or gas meter readers, canvassers etc. but they have right of access as far as the front door. An owner has a right to order even such persons to go out of the property within a reasonable time. “Private nuisance, giving rise to a civil action at the suit of an aggrieved individual, has on occasions been very widely defined to cover virtually any unreasonable interference with that individual’s enjoyment of the land which he occupies. But an action for private nuisance is normally brought for some physical invasion of the plaintiff’s land by some deleterious subjectmatter—such as noise, smell, water or electricity—in circumstances which would not amount to trespass to land. It is much more doubtful if it would ever cover an activity which had no physical effects on the plaintiff’s land, although it detracts from the plaintiff’s enjoyment of that land. Thus spying on one’s neighbour is probably not in itself a private nuisance although watching and besetting a man’s house with a view to compelling him to pursue (or not to pursue) a particular course of conduct has been said to be a nuisance at common law. With regard to the latter type of conduct, however, it must be admitted that it is concerned with a situation very different from the typical case in which complaint is made of an invasion of privacy ... As a remedy for invasions of privacy private nuisance has the same basic disadvantages as the action for trespass to land, namely that it can only be brought by the person who is from a legal point of view the ‘occupier’ of the land, enjoyment of which is affected by the nuisance.” Younger Committee Report, Appendix I Whereas a person may create private nuisance, one may be a cause of public nuisance; for example a person may tease people by making a large number of telephone calls to different men or women, some obscene and some silent, thus disturbing peace of mind of others. Thus a public nuisance may be defined as “….. any nuisance is ‘public’ which materially affected the

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(395) reasonable comfort and convenience of a class of peopleâ&#x20AC;?. For such a crime, a number of persons who suffered may take a collective action. If a person or a group of persons use loudspeaker during a ceremony and play loud music to disturb the peace of public, legal action can be taken by calling police. But in case if there is a public gathering, religious or social, and official permission was sought, then no legal action can be taken except that people should approach the authorities not to allow such extra loud ceremonies to happen in a populated area where loud noise may disturb peace of patients, old men and students. A person may write a book or an article or make a film etc. and get a copy right for it, then none has a right to use it as it is against copy right law, unless and until the user has a written permission to use it, that too within the limits prescribed by the author or film-maker. Defamation is a group of torts which seek to protect a personâ&#x20AC;&#x2122;s reputation from unwarranted attack. If the defendant can show that his statement was substantially true, or that remarks were expression of truly held opinion on a matter of public interest and was not intended to malice, if a defamer admits that it was unintentional defamation, that a public apology is due from him, if a malicious statement is made which ruin someoneâ&#x20AC;&#x2122;s business or career or home life etc. then defamed person has a right to initiate a legal suit for redress. There is an employee who has confidential information given by the employer, then disclosure of such secrets is breach of confidence. Such a breach of confidence can arise out of a contract whereby one party (the confident) undertakes that he will maintain the confidentiality of information directly or indirectly made available to him by the other party (the confider) or acquired by him in a situation, e.g., his employment, created by the confider. But it can also arise as a necessary or traditional incident of a relationship between the confident and the confider, e.g. priest and penitent; lawyer and client; doctor and patient; husband and wife. It is also illegal and violates privacy of a person or group of persons if someone with vested interest plants bugging device into telephone system. But secret agents and spies do use bugging techniques to get information about suspects involved in antistate or anti-social activities. Data Protection Act 1984 passed in U.K. creates a number

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(396) of obligations that personal data may only be held for law purposes, and that information containing impersonal data must be obtained and processed fairly and lawfully. Personal data held for any purpose or purposes must not be used or disclosed in any manner incompatible with those purposes. Interception of Communications Act 1985 promulgated in UK controls the acts of tampering with or intercepting the communications of another person. No unauthorised person has a right to tamper with another’s mail and other communication tools. But still government can allow such a tampering in the interest of national security or to prevent or detect serious crime, and safeguarding the economic well-being of the country. The protection from Harassment Act 1997 passed in U.K. provides remedy against harassment. Section 4(1) “A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him, is guilty of an offence if he knows or ought to know that the course of conduct will cause the other so to fear on each of these occasion.” This offence is punishable by upto five years’ imprisonment, or a fine, or both. Section 1(1) “A person must not pursue a course of conduct— (a) which amounts to harassment of another; and (b) which he knows or ought to know amounts to harassment of another. (c) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.” Contempt of Court Act 1981, section 10 gives protection from journalists’ revealing sources, which states “No court may require a person to disclose, nor is any person guilty of contempt of court for refusing to disclose, the source of information contained in a publication for which he is responsible, unless it be established to the satisfaction of the court that disclosure is necessary in the interest of justice or national security or for the prevention of disorder or crime” Press is an important pillar in the affairs of a country, as it has become a mean of extreme import in the political and social affairs of a nation. In order to get information for publication, it has certain restrictive rules too, such as physical intrusions. (a) Entering private property or placing a surveillance device

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(397) on private property, without consent, with intent to obtain personal information, for publication. (b) Taking photographs of individuals on private property, for publication, with intent that the individual shall be identifiable It is a moral and legal obligation of journalists to avoid reporting sexual offences committed by children; they should not obtain or publish material obtained by using clandestine listening devices or by putting bugging devices in private telephones. Journalists must obtain permission to enter a hospital and should refrain from publicising ailments of patients of public import. Journalists must avoid identifying relatives or friends of persons convicted or accused of crime. Journalists may write news articles of public interest if it exposes crime, or give protection to public health or alert people against cheats. When some news are not of public interest and may be degradatory for some people without doing any good for public, then such publication be avoided such as children’s offences, the publication of which may ruin their future and career. No information of any sort can be published which falls under national secrecy acts. Many journalists have faced heavy penalties for libel. A news report is reproduced hereunder for our readers interest: STRASBOURG, France: The Council of Europe called on the eve of World Press Freedom Day, for the abolition of laws that threaten journalists with heavy penalties for libel. The council’s secretary general, Terry Davis, said libel which he called “a particularly insidious form of intimidation” should be decriminalized because such laws are “often used to stifle criticism.” “No one can suppress the truth forever, but some people never stop trying. It is the journalists who pay the price,” Davis said in a statement. He noted that more than two-thirds of the council’s 46 member states “maintain criminal sanctions for defamation,” and he called on those nations to abolish criminal provisions and heavy damages in civil cases against journalists. He also said that last year more than 150 journalists around the world died while carrying out their profession, more than half of them were murdered. “Some journalists may be silenced through

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(398) intimidation, others may be brought into compliance, but the end result remains the same because democracy cannot properly function without media which is genuinely free of governmental interference and control,” Davis said. “Progress in the protection of journalists is the only credible way to mark the World Press Freedom Day.—APP

Islamic Ethics In Islam, every man is born free and none has a right to snatch freedom from him which is his birth right. Islam strictly respects privacy of each man and also group of men unless and until it creates a social disorder. Every man is responsible for his private actions to Allah only. A house is a kingdom of man where he is a sole ruler; no outsider has a right to interfere in the internal affairs of a family. But if someone’s action annoys or disturb others, then it must be avoided. The Prophet said: Smoke of your oven shall not disturb your neighbour. Children should be instructed not to throw stones in neighbour’s house nor should they throw these at their dogs and pets. Similarly, one’s drainage system should not spoil clothes of neighbours and passers-by. One of the important instructions which the Prophet gave was not to spy on others nor backbite. The information for backbiting may be gotten by one by private means but in no circumstances it should be publicised or communicated to others as sin of backbiting is worser than adultery. A Muslim must give a cover to his brother’s honour and save him from disgrace. Also it is a great sin to peep into the house of others to disturb their privacy. The Prophet instructed women folk not to discuss their intimate private affairs with other women. The Prophet forbade his followers to enter into other’s house without getting permission. __________

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Chapter 2

LIBERTY All men are born free and no man or state has a right to snatch one's freedom and liberty which is one's birth right. Every man is at liberty to choose a place to live, a profession to adopt for his earning, a school to get education for himself and his children; to choose his own dress, a place and instruments for recreation; hospitals for treatment of illness â&#x20AC;&#x201D; all are the birth rights of a liberal man. But every country has its own laws which give liberties to its nationals but not to the non-nationals. The facilities available for nationals may not be equal to that of nonnationals as a government is supposed to make laws and give facilities to their own nationals who are resident in the country, are taxpayers, contribute to the good of the society, obey laws of the country, follow local customs, traditions and culture. Every man has a right to liberty, privacy, to make association, to chose profession, to chose field of study, to chose his religion, to express his views, to buy and give for lease property or dispose it. Every person has a right to live with family; take measures for safety and peace; has a right of selfdefence. All people have a right to take out procession peacefully, hold public meeting after due permission if required by law, to go abroad or move to other places without any hindrance. All people have right to marry, right to health care especially mothers and their infants; disabled and sick persons has right to social security allowances in addition to health care facilities. All people have a right to vote, to join trade unions, to go for worship and give a denomination to their sacred places and ceremonial days; have right to express their views and thoughts to press, media, newspapers etc; have rights to any mean of leisure, sports and recreation. Minorities can conserve their language, script, culture through education; and administer their own affairs. For any job or vacancy, all have equal rights to apply and compete; all have right to appeal against injustice and are equal before judges. All men have equal rights that they are provided protection against discrimination, persecution, exploitation, intolerance, violence domestic, social or legal. All people be given police and agenciesâ&#x20AC;&#x2122; protection against human trafficking, prostitution, man-handling by anti-social elements and mafias; should not be arrested by

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(400) agencies for no reason as a suspect and then tortured or imprisoned for no crime but due to racial or religious prejudice. If a community suffers loss of property, school, places of worship, then it is duty of the government to provide assistance to amend the loss, rebuilt or repair the buildings and give financial compensation and take measures for future mishap. Although, a man is at liberty to choose the place to live, but in practice, a man can live only in that country where he is born, and is not at liberty to go to any foreign country and live there at will, as all countries have legal restrictions for nonresidents. A man without proper documents may be arrested in a foreign country. In my country Pakistan, and neighbouring country India, jails are full with thousands of people from each country who crossed the border accidentally; many spent decades in jail, hundreds of such prisoners have lost mental balance. These sad facts came to light when prisoners who crossed the border by mistake were exchanged after decades of imprisonment. All men have a right to speak out and give opinion or raise objections at will. Islam gives instructions that affairs of Muslims be settled by mutual consent. Islam is perhaps the first religion who has given a divine commandment to men to speak out according to their conscious. Caliph Omer (635 to 644 AD) was objected by common men and women to answer certain matters. In practice, almost all over the world, men in power take strong action, even with imprisonment or death penalty, against those who differ even on small matters, especially in the countries where there is army rule. In Islam, it is the greatest holy war to speak out the truth before a tyrant ruler. Different parts of the world have different cultures. Every man is at liberty to wear a dress which he likes and follows customs which are according to his aspirations. But Islam stops its adherents especially women to wear such dresses which are too thin or too tight and revealing; dress shall give a person a proper cover. Young women are required in Islam to wear proper dresses in their homes. But while going out of their homes to a public place, they must cover themselves with a head-covering. But after a woman reaches old age, then she can discard headcovering as it is not binding but optional. The Prophet strictly forbade men to wear women's dress nor women shall resemble men in their dresses, nor in their

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(401) appearance. In Western countries even, women are supposed to cover themselves properly in public places. In 1967, I heard that many women were rounded up by police in Oxford Street, London when some old ladies objected to too much revealing dresses of some women. A dress which is legal and acceptable in one country may not be so in another country. In the West, women wear mini skirts with their thighs fully visible; but in any Islamic country it is unthinkable. So liberty to wear dress has its own limitations all over the world. Every man has a right to eat and drink whatever he likes. In the West, though wine and swine are forbidden by the Bible, both are used freely. In India, some Hindus do not eat meat while followers of another Hindu religion i.e. Shivites and Sikhs use it freely. For some Hindu sects, only cow beef is forbidden while other flesh is legal. But the followers of Jainism abhor use of any flesh at all, some do not use even eggs, butter and milk. Islam forbids all intoxicants, swine’s flesh, carnivorous animals and animals killed for other gods or without pronouncement of Allah’s name. So liberty to eat and drink is ruled by respective religious instructions. In certain countries caterpillars, cockroaches and other insects and monkeys are eaten up while the Muslims and many other nations abhor them. Every man is at liberty to choose his profession for earning his livelihood. In the West and almost in all the countries of the world, there are some professions which are hated but are legal, for example, prostitution and drug smuggling. Most countries declare drugs’ trade as illegal but in practice, its trade is flourishing with the connivance of law enforcing agencies and the men in the highest political position. Drug mafias have their connections with the highest authorities and pay heavy bribes to run their under world parallel government. Islam gives strict instructions against illegal profession. All dealings where usury is involved, preparation and sale of all narcotics, singing, dancing before audience of opposite sex, and prostitution are all illegal. So liberty of man has certain limits governed by religious beliefs and social norms. As each man has a fundamental right to earn by legal means, so also one has a right to spend his wealth or distribute it according to one’s wishes. None has a right to spy upon others’ spending. Most banks keep their clients’ accounts secret; banks of Switzerland are famous for their secret accounts where unlawful

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(402) wealth is deposited by corrupt politicians and businessmen of all the countries of the world. In spite of right of men to collect wealth, governments do have a right to investigate when an occasion so arises. But sometimes such investigations exceed limits. Here is an incidence of such nature which is a media’s report. “Washington: The US government has secretly monitored banking transactions around the globe since the September 11, 2001 attacks, officials said defending the program as a crucial part of the war on terror. It is the latest in a series of covert measures that is likely to spark fresh concerns about potential privacy infringements and Americans’ civil liberties. US Treasury Secretary John Snow defended the secret finance-tracking spy program following its disclosure by several US newspapers. Treasury Department Under Secretary Stuart Levey, in an interview with The New York Times, said the program “has provided us with a unique and powerful window into the operations of terrorist networks,” adding that it was “without doubt a legal and proper use of our authorities.” The program relies on records of SWIFT (Society for Worldwide Interbank Financial Telecommunication), which routes millions of financial transfer instructions every day. Swift was approached shortly after September 11 because of its vast international database. Swift, which is owned by more than 2200 banks and financial organizations, routes about six trillion dollars daily, most of them in cross-border transactions”.

All men have the liberty to choose how to enjoy and get pleasure. A person may choose to go for sight-seeing, to go for swimming, to join a club or to go for dance etc. But in the past in many Western and African countries, the Blacks were barred to enter certain clubs, to go to schools reserved for the Whites, to enter a hotel or a club reserved for the Whites only. Even in IndoPak there are many clubs where only high officials, elites or army officers can enter while a common man or poor man can’t even dream to avail the facilities available there. So poor people choose places for recreation which suits their pockets and social status. This is true for the people all over the world; everywhere segregation of the society is an undeniable reality. In many Muslim states, such a segregation exists but in Islam such a

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(403) difference between a poor and a rich is unthinkable. In early Islam, even the head of state i.e. caliphs lived a life of a common man and mixed up with the poor showing no distinction; rather felt pride to live like a poor man in line with their Prophet’s traditions. In Islam, though it is allowed to men to seek pleasure at will, but still there are strict restrictions in certain cases. For example, seeking pleasure from liquors and drugs is strictly banned; also is prohibited extra-marital sexual pleasure, sodomy and immoral sexual pleasures. Judges and higher officials are at liberty to make their decisions according to justice. But in practice, even in the West, judgements are influenced and are made in accordance with the government’s line. Yes, in line with those political parties who appointed them. Thus political affiliation affects judgements and a judge’s liberty to judge is not always unmotivated. Islam gives strict instructions to pass judgement with justice without any motivation or outside influence. Prophet Muhammad (SAW) gave judgement in favour of the Jews against the Muslims; and he commanded that all cases be decided with justice even if it goes against your relatives, your friends or your own self. A liberty to speak the truth has some limitations too. A person is supposed to speak the truth always, and if asked to give witness, he should speak fairly. But persons working for secret services or when secrecy is demanded by his job, then the liberty to speak the truth is not his right unless a higher court so orders. Press and media are one of the most powerful sources for people’s expression of their democratic views. Free medias play a crucial role in building consensus and sharing information, both essential for social development and for democratic decision-making. The freedom of expression is essential for democracy to work and for public participation in decision-making while citizens cannot exercise their right to vote effectively or take part in public decision-making if they do not have free access to information and ideas and are not able to express their views freely. Media monopolies are another way in which the right to receive information from a variety of sources is restricted. State broadcasting monopolies do not serve the public interest. New technologies, such as the Internet, Mobile phones, satellite-broadcasting, offer unprecedented opportunities to

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(404) promote freedom of expression and information. Though new technologies have tremendous potential for people’s goodness, it can be potentially dangerous too if misused e.g. spread of pornography, spread of violence and ideas which are harmful for society; also such technologies may be illegally used for defamation, creating public disorder, affecting public health or morals or endangering national security; so a legal curb on adverse activities is essential. Suppression It is a universal practice in almost all the countries of the world that powerful economic groups, mafias, political groups etc. run and control their own newspapers and T.V. channels etc. to further their own agendas and suppress opponent’s views; payment of money may buy people who affect peoples’ opinion; during elections such manipulations are a part of political campaign. Killings Such incidences are quite common in which news reporters are intimadated or even killed by powerful groups as a punishment for writing against their political interest, this is perhaps a universal practice. In 2005, 59 journalists were killed while in 2006, 82 journalists were killed. One outstanding case is silencing of Anna Politkovs Kaya in 2006 who reported atrocities of Russian army in Chechniya in Novaya Gazeta with accounts of torture, rape and extra-judicial killings, gleaned from victims and their relatives. Government Policies In some cases, governments order the media not to show certain true facts which can disturb masses as well as the government. An example of such cases is instruction to news medias by USA government not to show arrival of fallen soldiers’ coffins which were arriving everyday during Afghanistan and Iraq wars. Also were banned demonstrations during military funerals by the ‘Respect for America’s Fallen Heroes Act.’ Almost all countries issue such orders to their medias curbing publications or showing of such things which disturb public at large gravely. As per many reputed columnists including Noam Chomsky, government organisations and political groups buy important writers and think-tanks to write and report matters which favour their vested interests. Big multinational companies have their own public relations departments to use their

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(405) influence in medias. The following are the excerpts from newspapersâ&#x20AC;&#x2122; columns which throw more light upon the plight of medias and journalists: 1. The recent attacks on Arabic television channels namely: Al-Jazeera and Al Arabia, Al-Manar and LBC in Lebanon [July 23] stems from the Tel Aviv attempts to muzzle press freedom in order to suppress media reports about growing public resistance against the Zionist forces in Palestine and Lebanon. The bloc further denounced the deliberate Israeli destruction of the Manar and LBC satellite TV channel building in the Lebanese capital Beirut. The buildings were flattened when Israeli warplanes unleashed a number of air-to-surface missiles at the western suburb of the capital where the station is located. The recent bombing of media outlets and communication network by Israeli army is part of intentional steps with the aim to impose total media blackout on their inhuman atrocities in the Gaza Strip and Lebanon as well as the damage caused by Hezbollahâ&#x20AC;&#x2122;s missiles on Israeli settlements in northern Palestine. Journalists have been campaigning for the abolition of custodial sentences since Law 93 was passed in 1995. In the face of resolute opposition from the Press Syndicate the law was eventually repealed but its replacement, passed in 1996, also stipulated jail sentences for certain publication offences, although for shorter terms. 2. These are the realities of a war that has continued for years, well before the latest madness in Lebanon began. It is a war supported by international giants, including a media that carefully selects and edits what information it provides to the world. And, in a time when information and the way it is manipulated plays a key role in shaping opinions and events, it is this weapon that all those opposed to the acts of Israel need to deploy with far greater skill and acumen than has so far been the case. This is essential so that truth can no longer be distorted and the interests of ordinary people put before the leaders and warlords who often use them to further their own causes. 3. Ironically, the first major effort to this end came in the shape of the freedom of information ordinance (FOI) promulgated by a military ruler. However, this is

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(406) not the only irony surrounding the state of freedom of information in Pakistan. The FOI Ordinance 2002 acknowledges our ‘right to know’ but paradoxically a thumping majority of people do not know that their ‘right to know’ has now been acknowledged and they can have access to public records.

Killing of Journalists In 2009 and 2010, about 90 journalists were killed each year while performing their professional duties or by those who wanted to stop their voices. 4. On February 21, 2002 US government officials confirmed that Daniel Pearl of the Wall Street Journal had been killed by his captors. According to The Journal, Pearl had been reporting on would-be shoe bomber Richard Reid, who sought to blow up an aeroplane during a transatlantic flight. On October 20, 2002, Shahid Soomro, a correspondent for the Sindhi language newspaper Kawish, was assassinated in the town of Kandhkot, apparently in reprisal for his reporting on abuses committed during general elections held on October 10. His brother filed a case with police identifying three assailants, all members of a powerful local family. On January 21, 2003, Fazal Wahab, a freelance writer, was shot and killed by unidentified gunmen while he was sitting in a roadside shop in Manglawar Bazaar, near the resort town of Mingora in northwestern Pakistan. His colleagues believe that he was targeted for his work. Wahab had published several books in Urdu and in Pashto that criticised local religious leaders and Islamic militant organisations. On January 29, 2004, Sajid Tanoli, a reporter with the regional Urdu-language daily Shumal, was killed in the town of Mansehra in Pakistan’s Frontier province. Tanoli was stopped on a highway, dragged from his car and shot several times, the Associated Press of Pakistan reported. Tanoli had written critically about the head of the local government, including a story three days before the slaying that described an allegedly illegal liquor business run by a politician. On February 7, 2005, gunmen in the capital of the remote South Waziristan tribal area fatally shot Amir Nawab, a freelance cameraman for Associated Press Television News who doubled as reporter for the Frontier Post newspaper, and Allah-Noor who was

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(407) working for Peshawar-based Khyber TV. The journalists were on their way back from the town of Sararogha, where they were covering the surrender of suspected tribal militant Baitullah Mehsud. An unknown group calling itself ‘Sipah-i-Islam’ took responsibility for the killings in a letter faxed to newspapers. It accused some journalists of “working for Christians” and of “being used as tools in negative propaganda against the Muslim Mujahideen.” On May 29, 2006, Munir Ahmed Sangi, a cameraman for the Sindhi-language KTN, was shot while covering a gunfight between members of the Unar and Abro tribes in Larkana. Police said Sangi was killed in the crossfire, although some colleagues believe he may have been deliberately targeted for the station’s reporting on a jirga, or tribal council, held by leaders of the Unar tribe, according to the Pakistan Federal Union of Journalists. On June 16, 2006, the body of Hayatullh Khan, a freelance journalist, was found by villagers in North Waziristan town of Mir Ali, from which he was abducted on December 5, 2005. He disappeared after reporting that an Al-Qaeda commander had been killed by a US missile, contradicting official Pakistani accounts of the death. Local government officials and family members told journalists that Khan had been shot in the back of the head, probably on June 15, and was in handcuffs. In an environment of gross intolerance journalists are often threatened by the groups they cover and fear retribution from the government, including illegal detentions and harassment. Many journalists also speak of the lack of support from the news organisations for which they work, saying the outlets are frequently reluctant to confront the government when their reporters are arrested or detained. 5. “The occupied Palestinian territories become disputed territories. A colony becomes a settlement or an outpost. We are constantly degrading the reasons for Palestinian anger. The purpose of this kind of journalism is to diminish the reasons behind the Middle East Conflict”.

Suicides Though all people have right to live life according to one’s wishes, but it doesn’t mean that one is at liberty to take away his

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(408) own life by committing suicide. In Islam, suicide is strictly prohibited as life is a gift of God and whatever problem a person faces in life is from God to test one’s faith. In Japan, about 33,000 people of all ages, mostly young ones, commit suicide, about 90 people per day; main cause is depression, lack of charm and security in life and family problems. In Pakistan (275 per annum) and India, thousands of people commit suicides in spite of religions sanctions; the main causes are poverty and family problems; hundreds of boys and girls take their own lives due to failed love affairs.

All men have fundamental rights to live as free men, but in case there is a crime committed in some locality then local police rounds up many people as suspects for investigation. In most countries, such a police right is misused, many people are arrested without an evidence and then are left free after bribe is offered by their near relatives. No doubt many criminals do also get their release by payment of huge sums to the police. In the third world countries including Pakistan, some police officers run their private secret jails for exhortation of money. Also some local big landlords and sardars i.e. chiefs keep their secret jails to punish the dissidents. Countries like U.S.A. and N.A.T.O. member countries arrest opposing army’s members and then transfer them to secret jails outside the jurisdiction of the invaded countries and their own countries to avoid suit in courts for their illegal detention. For our readers, a news report published in July 2006 will be of interest. Illegal Detentions GENEVA: A UN human rights body told Washington that any “secret detention” centres in the United States that was operating abroad violated international law and should be closed immediately. Saying it had “credible and uncontested” reports of such jails, the Human Rights Committee said the United States appeared to have been detaining people “secretly secret places for months and years”. “The state party should immediately abolish all secret detentions,” it said, echoing a similar demand in May by the UN Committee against torture. In its findings on US observance of the UN’s main political rights’ treaty, the committee said that the

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(409) International Committee of the Red Cross must be given access to anybody held during armed conflict. It could not accept Washington’s argument that the International Covenant on Civil and Political Rights does not apply to anyone not held on US soil, it added. Since the Sept. 11, 2001, plane hijackings, the United States has been accused by human rights groups of operating secret detention centres in its socalled war on terrorism. A report for the Council of Europe, the European Human Rights Watchdog said more than 20 European states had colluded in a web of secret CIA jails and flight transfers of terrorism suspects from Asia to Guantanamo Bay in Cuba. In an initial reply to the committee’s 39-paragraph report, Washington stuck to its view about territorial limits and said the committee had spent too much time on the United States.

It will be interesting to note that the most men were imprisoned for a crime of fighting the invaders to defend their country. In trueness, every man has an obligation to fight the invaders. Also prisoners were tortured to tell whereabouts of their leaders. No prisoner had such informations, as their leaders were ever changing their positions and strategies. So in order to kill psychologically and turn their spirits low, prisoners were thrown before dogs, beaten up brutally, were sexually abused, electrocuted and in many cases bound in inappropriate postures. Among the most inhuman acts was to tear the Holy Quran before them and throw its pieces into dust bins. It is a human tragedy that some men become mad, brute rascals in their hatred and prejudice for prisoners of other religions and nations. Mostly such army soldiers are rough people with low intellect and originate from broken homes or single parent families, devoid of proper love feelings for other fellow beings. So all the atrocities, which we read in the newspapers are committed by those who are representatives of neither any religion, any nation nor any civilization but are unguided, improperly educated people with a base human spirithalf human-half animal species acting instinctly and committing murders, rapes and pillage senselessly. Hereunder we quote from Cases in Civil Liberties, (CICL) certain passages to throw more light upon scope of a man’s liberty

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(410) already discussed.

Freedom of speech and press are not absolute rights and were never intended to be so. They are relative in the sense that they are limited by the coexisting rights of others (as in the matter of libel) and by the demands of national security and public decency. As Justice Holmes put it, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” Free-speech and free-press cases present to the courts difficult questions of decree: questions involved in drawing the line that separates the speech and publication which government must suppress in order to be safe and decent from that which it must allow and protect in order to be free and democratic. (page 153) With the rise of the doctrine of substantive due process it was increasingly urged on the Court that the “liberty” protected by the due process clause of the Fourteenth Amendment should include, at the very least, the freedom of speech and press mentioned in the First Amendment. The pressure was not only from members of the bar, but from the Court itself. In 1907 Justice Harlan in a dissenting opinion in Palferson v. Colorado, declared, “I go further and hold that the privileges of free speech and a free press, belonging to every citizen of the United States, constitute essential parts of every man’s liberty, and are protected against violation by that clause of the Fourteenth Amendment forbidding a state to deprive any person of his liberty without due process of law.” (Cases in Civil Liberties, page 40)

In Meyer Nebraska (1923) Justice McReynolds, in an opinion holding invalid a Nebraska statute forbidding the teaching of any subject in any language but English in any private, parochial or public school, defined the “liberty” protected by the due process clause as follows: “Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home, and bring up children. So worship God according to the dictates of his own conscience, and, generally, so enjoy those privileges long recognised at common law as essential to the orderly pursuit of happiness by free men.” (Cases in Civil Liberties, page 40)

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(411) Mr. Justice Sanford delivered the opinion of the Court, saying in part: Benjamin Gitlow was indicted in the supreme court of New York, with three others, for the statutory crime of criminal anarchy. The contention here is that the statute, by its terms and as applied in this case, is repugnant to the due process clause of the 14th Amendment. Its material provisions are: “§I60. Criminal anarchy defined. — Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony. “§161. Advocacy of criminal anarchy. — Any person who; “1. By word of mouth or writing advocates, advises or teaches the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or “2. Prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means……. “Is guilty of a felony and punishable” by imprisonment or fine, or both. “The Supreme Court has made it clear that due process is denied by an attempt to punish a person or a crime which is not clearly defined. In 1934 New Jersey passed an act punishing by $10,000 or 20 years or both the crime of being “a gangster.” A gangster was defined as any person not engaged in any lawful occupation, known to be a member of any gang consisting of two or more persons, who has been convicted at least three times of being a disorderly person, or who has been convicted of any crime…… In Lanzetta v. New Jersey (1939) the Court held the statute void, noting that “no one may be required at peril of his life, liberty, or property to speculate as to the meaning of penal

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(412) statues. All are entitled to be informed as to what the State commands or forbids.” In Winters v. New York (1948) the Court held void for vagueness a statute making it a crime to issue a publication which so masses stories of bloodshed and lust “as to become vehicles for inciting violent and depraved crimes against the person.” The Court conceded the “impossibility of defining the precise line between permissible uncertainty in statutes caused by describing crimes by words well understood through long use in the criminal lawobscene, lewd, lascivious, filthy, indecent or disgustingand the unconstitutional vagueness that leaves a person uncertain as to the kind of prohibited conduct massing stories to incite crime …..” but concluded that “an honest distributor of publications could[not] know when he might be held to have ignored such a prohibition. Collections of tales of war horrors, otherwise unexceptionable, might well be found to be ‘massed’ so as to become ‘vehicles for exciting violent and depraved crimes.’ Where a statute is so vague as to make criminal an innocent act, a conviction under it cannot be sustained…..” (Cases in Civil Liberties, page 48) In 1972 the Supreme Court struck down a Jacksonville vagrancy ordinance which, in the archaic language of the Elizabethan Poor Law, defines as vagrants (among others) “rogues and vagabonds, or dissolute persons who go about begging ….. common night walkers,…… common rollers and brawlers, persons wandering or strolling around from place to place without any lawful purpose or object, habitual loafers, (and] . . . persons able to work but habitually living upon the earnings of their wives or minor children, . . .” Two white girls and their black dates were arrested on the main thoroughfare in Jacksonville and convicted of prowling by auto. In Papacristou versus Jacksonville (1972) a unanimous Court found the ordinance void for vagueness both in the sense that it “fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute, “and because it encourages arbitrary arrests and convictions.” Not only does it “make criminal activities which by modern standards are normally innocent” but it puts “unfettered discretion in the hands of the Jacksonville police.” “Those generally implicated by the imprecise terms of the ordinance—-poor people, non-conformists, dissenters, idlers—may be required to comport themselves according to the life-style deemed appropriate by the Jacksonville police and the courts. Where, as here, there are no standards

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(413) governing the exercise of the discretion granted by the ordinance, the scheme permits and encourages an arbitrary and discriminatory enforcement of the law. . . If results in a regime in which the poor and unpopular are permitted to ‘stand on a public sidewalk ... only at the whim of any police officer.’ Shuttlesworth v. Birmingham [1969].” In 1983 the case was reaffirmed in Kolender v. Lawson where the Court struck down a California statute making it a crime to be unable to produce “credible and reliable” identification when asked to do so by a police officer. The statute was violated unless “the officer [is] satisfied that the identification is reliable.” (Cases in Civil Liberties, page 48) The fairness which due process requires in civil and criminal procedures alike demands that when the law creates a presumption of guilt or misconduct or incapacity, this presumption may not be made irrebuttable. The person who is the subject of presumption must be given the chance to rebut it if he can. (Cases in Civil Liberties, page 48) ________

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(414) Hereunder are reproduced provisions in constitutions of many countries regarding human liberty. The following provisions of other constitutions may be referred to as analogous to Article 21: BURMA: Article 16: “No person shall be deprived of his personal liberty, nor his dwelling entered, nor his property confiscated, save in accordance with law. …..Sec. 17.— “(I) There shall be liberty for the exercise of the following rights, subject to law, public order and morality: (i) the right of the citizens to express freely their convictions and opinion.” (ii) The right of the citizens to assemble peaceably and without arms; (iii) The right of the citizens to form associations and Unions. Any association or organisation whose object or activity is intended or likely to undermine the Constitution is forbidden. (iv) The right of every citizen.. to follow any occupation, be trade, business or profession.” Article 17 (1) (iv) — “The right of every citizen to reside and settle in any part of the union.” CZECHOSLOVAKIA: Article 2 “Personal freedom is guaranteed. It may be limited or withdrawn only in virtue of the law.” Article 3: “(1) No person shall be tried except in the cases laid down by the law, and then only by a court or authority competent under the law and in the manner prescribed by law. (2) Unless caught in the act, committing an offence, no person shall be arrested except on the written order of a Judge, giving the reasons therefor. The order shall be delivered at the time of the arrest or, if this is not possible, within 48 hours thereafter. (3) No person shall be taken into custody by a public official except in the cases prescribed by law: he must then be either released within 48 hours or brought before a court or authority which is competent to proceed with the case from the view of its nature.” Article 4: “Domiciliary inviolability is guaranteed. It may be limited only in virtue of the law. Article 5: “(1) No person’s house shall be searched except in the cases permitted by law and then only by a court or public

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(415) official competent under the law and in the manner prescribed by law. (2) Save as otherwise provided by law, a house-search may only be carried out in virtue of a written order of a Judge or authority, giving the reason therefore. The order shall be delivered at the time of the search or, if this is not possible, within 48 hours thereafter. (3) The official carrying out the search shall produce his authority and on request shall deliver to the person whose house is being searched either immediately or, if this is not possible, within 48 hours thereafter a written statement giving the reasons for the search, the results thereof and a list of all articles seized.” Article 7 (1) “Every citizen may reside or sojourn in any place within the Czechoslovak Republic. This right only be limited in the public interest in virtue of the law. (2) Every person may, within the limits prescribed by law, express his opinion by word of mouth, in writing, in print, pictorially or in any other manner. No person shall suffer prejudice through the exercise of this right.” Article 19.—“(1) Freedom to engage in creative mental activity is guaranteed. Scientific research and publication of its results and likewise art and its expressions, are free in so far as they do not violate the personal law. (2) Cultural assets are under the protection of the State. The State ensures that they are accessible to all and supports science and art in the interests of the cultural development of the national progress and the general welfare in particular, it takes care that creative works are assured of favourable conditions for their work.” Article 20.  “(1) Every person has the right to make his views and the results of his creative mental work generally known and to propagate and present them in any manner. (2) This right may only be restricted by law, with a view to the public interests and the cultural need of the people.” Article 21—“(1) Freedom of the press is guaranteed. It is not therefore permitted as a rule to subject the press to prior censorship. (2) The law shall determine what persons shall have the right to publish newspapers and periodicals and on what conditions (in particular, such as ensure that the press is not conducted for profit). (3) The law shall determine in what manner the

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(416) publication and distribution of non-periodical publications (in particular books, music and reproduction of works of art) shall be organised on a planned basis while maintaining the freedom of science and art and with due regard to the protection of valuable works. Article 22.—“(1) The right to produce, distribute, publicly exhibit, import and export cinematograph films is reserved to the State. (2) Broadcasting and television are the exclusive right of the State. (3) The exercise of the above rights shall be governed by laws which shall prescribe any exceptions.” Article 23—“(1) Every person has the right to petition any public authority.” Article 24—“(1) The right of assembly and association are guaranteed in so far as they do not endanger the popular democratic system or public peace and order. (2) The exercise of the above right shall be governed by laws.” Article 25.—“(1) For the protection of their rights, employed persons may associate in the United Trade Union Organisations and are entitled to defend their interests through its intermediary. (2) The United Trade Union Organisation is assured of extensive participation in the control of the national economy and in decisions on all questions relating to the interests of the working population. (3) The interests of the persons employed in individual works and offices are represented by the United Trade Union Organisations and its bodies.” COSTARICA: Article 25. “Persons living in the Republic shall have the right to association for lawful purposes. No one may be forced to join any association. Article 26.—“All have the right to assemble peaceably and without arms whether for the purpose of private business or to discuss political affairs and consider the public conduct of officials. Meetings held in private premises shall not require previous authorisation. Those held in public shall be regulated by law.” Article 28—“No one may be molested or prosecuted expressing his opinions or for any act which does not infringe the

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(417) law. Private acts which are not prejudicial to public morals or order and which do not injure others shall be exempt from the action of the law: Provided that no form of political propaganda by clerical or persons which involve religious motives or make use of religious beliefs, shall be carried on.” Article 29.  “All may communicate their thoughts by word or writing, and publish them without prior censorship: but they shall be responsible for abuses committed in the exercise of this right, in such cases and in such manner as the law prescribes”. DANZING: Article 74: The liberty of the person shall be inviolable. No limitation or deprivation of personal liberty may be imposed by public authority, except by virtue of the law. Persons who have been deprived of their liberty must be informed at the following day on what authority and on what grounds the deprivation of liberty has been ordered. Opportunity must immediately be given them to lodge objections against such deprivation of liberty.” Article 75.—“All nations shall enjoy freedom of movement within the Free City and shall have the right to stay and to settle at any place they may choose. This right shall not be curtailed without legal sanction. EIRE: Section 40((1) The State guarantees in its law to respect, and as far as practicable by its laws to defend and vindicate the personal rights of the citizens. (2) The State shall by its laws protect as best, it may, from unjust attack and, in the case of injustice done vindicate the life, person, good name and property rights of every citizen. (4): “No person shall be deprived of life or liberty nor shall any other criminal penalty be imposed, except according to procedure established by law. (6) (1)— “The State guarantees liberty for the exercise of the following rights, subject to public order and morality: (f) the right of the citizens to express freely their convictions and opinions. The education of public opinion being, however, a matter of such grave import to the common good the State shall endeavour to ensure that organs of public opinions, such as the radio, the press, the cinema, while preserving their rightful liberty of expression, including criticism of Government policy,

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(418) shall not be used to undermine public order or morality or the authority of the State. The publication or utterance of blasphemous, seditious or indecent matter in an offence which shall be punishable in accordance with law.” Article 9.—“The right of free expression of opinion as well as the right to assemble peaceably without arms, and to form associations or unions is guaranteed for purposes not opposed to public morality. Laws regulating the manner in which the right of forming associations and the right of free assembly may be exercised, shall contain no political, religious or class distinction.” FRANCE: The following declaration appears in the preamble of the Constitution of the Forth French Republic: “The free communication of ideas and opinions is one of the most precious rights of man; every citizen then, can freely speak write and print, subject to responsibility for the abuse of this freedom in cases determined by law.” FEDERAL REPUBLIC OF GERMANY: Article 5.—“(1) Every one has the right to express and propagate his opinions by speech, writing or illustration and to have unhindered access to generally available sources of information. The liberty of the press and the freedom to publish news by radio and motion picture are guaranteed. There is no consorship. (2) The limits of these rights are set by the provisions of the law of general application, by the legal enactments for the protection of youth and by the right of the persons to be secured in their reputation. (3) Art and science, research and teaching are unrestricted. The freedom to teach does not release the teacher from his duty to be loyal to the Constitution.” Article 9.—“(i) All citizens have the right within the limits of the laws applying to all, to use their opinions freely and openly, and to assemble peaceably and without arms for this purpose. This freedom shall not be restricted by any contract of service or labour; no one shall be prejudiced through making use of this right. (2) There is no censorship on the press. Article 12:  “(1) All citizens have the right to form unions or societies for any purpose not conflicting with the penal laws.” Article 13.—“(1) Associations which are intended by their rules to promote the democratic ordering of public life on the basis of this Constitution and whose Executive Officers are appointed by the members are entitled to nominate candidates for

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(419) the popular representative bodies in the communes, districts and lands. [2] Nomination for popular Chamber (Volkskammer) shall only be made by associations which are intended by their rules to promote the democratic ordering of the political and social life of the whole republic and which extend over the whole territory.” Article 14.—“(1) The right to belong to associations for improving wages and conditions of employment is guaranteed to all. Every agreement or measure to limit or impede this freedom is unlawful and prohibited. (2) The right of trade unions to declare strikes is guaranteed.” FEDERAL REPUBLIC OF GERMANY: “(1) All Germans have the right to assemble peaceably and without arms without prior notification or authorisation. (2) In the case of open-air meetings, this right may be limited by legislation or in virtue of a law.” Article 9.  “(1) All Germans have the right to form unions and societies of international understanding are forbidden. WEIMER GERMANY: Article 114.—Personal liberty is inviolable. No encroachment on or deprivation of .personal liberty by any public authority is permissible except in virtue of a law. Persons, who have been deprived of their liberty shall be informed—at the latest on the following day—by what authority and on what grounds the deprivation of liberty has been ordered; opportunity shall be given to them without delay to make legal complaint against such deprivation. HUNGARY: (1949): Article 56.—”(I) The Hungarian People’s Republic Constitutionally guarantees the right of association for the purposes of developing the social, economic and cultural activities of the workers. (2) In order to fulfil its tasks, the Hungarian People’s Republic bases itself on the organisation of the class-conscious workers. In order to defend the people’s democracy, promote participation in the building up of socialism, widen the scope of cultural and educational work, implement the rights of the people and develop international solidarity, the workers establish trade unions, democratic organisation of women and young people and other mass organisations, which are Grouped together in the Democratic Popular Front. These organisations put into practice, the close co-operation and democratic unity of the industrial,

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(420) agricultural and intellectual workers. The leading force in such political and social activities is the working class, led by its advance guard and supported by the democratic unity of the whole people.” JAPAN: Article 21.—“Freedom of assembly, association, speech and press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated. Article XXII—“Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare. Article XXXIV — No person shall be arrested or detained without being at once informed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel. ROMANIA: Article 32:  “Citizens shall have the right of association and organization, if the object pursued is not directed against the democratic order established by the Constitution. Every association of a fascist or anti-democratic nature is prohibited and punishable by law” SWITZERLAND: Article 31 (1)  (As amended till April 6, 1930): “The freedom of trade and industry is guaranteed, throughout the confederation.” However, the following: (a) The salt and gun powder monopolies, the federal duties, the import duties of wines and other alcoholic beverages, as well as the consumption duties expressly recognised by the confederation under Article 32; (b) The manufacture, import, rectification, sale and taxation of distilled liquors, in conformity with Articles 32 (a) and 32 (c); (c) Everything that concerns taverns and the trade in alcoholic beverages, in conformity with Article 32 (d); (d) The sanitary police measures concerning contagious diseases, very common diseases and diseases particularly dangerous for the human and animal races;

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Provisions concerning exercise of commercial and industrial professions, the relevant taxes and the regulation of highways. These provisions shall contain nothing contrary to the principles of the freedom of trade and industry, have been treated as reserved. Article 45.— “Every Swiss citizen has the right to settle in any part of Switzerland, subject to the production of a certificate of origin or similar document. The right of settlement may by way of exception, be refused to or withdrawn from persons who have been deprived of their civic rights as a result of a penal conviction. The right of settlement may also be withdrawn from persons who have been repeatedly sentenced for grave misdemeanours, and from persons who become a permanent burden upon public charity, and whose commune or canton of origin refuses to provide adequate assistance for them after having been officially requested to provide it. In Cantons in which domiciliary relief is provided, permission for settlement may be made conditional, in the case of citizens of the Cantons, upon the person being capable of work and not having been a permanent charge upon public charity in their former domicile in the Canton of origin. The Canton in which a Swiss citizen settles may not require from him any security impose any special charge upon him in respect of each settlement. Similarly, Communes may not impose on Swiss citizens domiciled within their area any charges other than those imposed upon their own citizens. UNITED STATES OF AMERICA: Fifth Amendment ; “No person shall be deprived of life, liberty or property, without due process of law.” Fourteenth Amendment: “........,......... Nor shall any State deprive any person of life, liberty or property, without due process of law.” First Amendment—“Congress shall make no law............abridging...................the right of the people to assemble.” First Amendment.— “The Congress shall make no laws. ....... abridging the freedom of speech or of the press” Fourteenth Amendment…… No State shall make or enforce any law which shall abridge the privilege, or immunities of citizens of the United States, nor shall any State deprive any person of life liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of

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(422) the laws.” The right of movement, residence and settlement have been specially mentioned in the U.S. Constitution. However, Sec. I of the Fourteenth Amendment has made the following provision: Fourteenth Amendment: Sec. 1  “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privilege or immunities of citizens of the United States; nor shall any State deprive any person of life liberty, or propriety, without due process of law, nor deny to any person within its jurisdiction equal protection of the laws.” M’Clain in his “Constitutional Law of the United States”, [p. 281] has enumerated such privileges or Immunities as follows: (a) the right to acquire and possess property of every kind; (b) to pass through or reside in another State, for purposes of trade, agriculture, professional pursuits or otherwise, and (c) to enjoy, without, discrimination against him, all the benefits and the protection of the Constitution, Laws and Treaties of the United States. YUGOSLAVIA: Article 5The liberty of the individual shall be guaranteed. No person may be subjected to any judicial interrogation, or placed under arrest, or be in any other way deprived of his liberty, save as provided by law. No person may be placed under arrest for any crime or offence whatever save by order of a competent authority given in writing and stating the charge. This order must be communicated to the person arrested at the time of arrest, or the latest within twenty-four hours of the arrest. An appeal against the order for arrest may be lodged in the competent court within three days. If no appeal has been lodged within this period, the police authorities must as a matter of course communicate the order to the competent court within the twenty-four hours following. The Court shall be bound to confirm or annul the arrest within two days from the communication of the order, and its decision shall be given effect forthwith. Public officials who infringe these provisions shall be permitted for illegal deprivation of liberty. YUGOSLAVIA: Article 10 — “No citizen may be expelled

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(423) from one part of the country to another nor obliged to reside in a specified place, save in such cases as may be expressly determined by law. No person may, in any circumstance be expelled from his domicile without sentence by a Court.” UNITED NATIONS DECLARATION OF HUMAN RIGHTS: Article 3: Every one has the right to life, liberty and security of persons.” Article 7: “No man shall be subject to arbitrary arrest and detention”. THE UNITED NATIONS DECLARATION OF HUMAN RIGHTS: Article 20 — “Everyone has the right to freedom of peaceful assembly and association”. ________

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Chapter 3

FREEDOM OF ASSOCIATION In the present age, the need of individual to make association is recognised all over the world; an individual is not strong enough to demand and get rights but a collective struggle can enable them to get their rights. Labourers may make a union to press upon their employers to give them rights regarding wages, working hours, holiday facilities, overtime wages, health contributions and other facilities. In some countries, such associations may be agents of employees, or sometimes have political connections. Thus agents of employers put their demands softly, while anti-employer groups put harsh demands and may resort to militancy or even go on strikes to press upon their demands. Political parties may use such associations to go on strikes or do disruptive acts to put pressure on governments by challenging its writ and thus gain masses’ attention to vote for them. In large organizations, office employees do make their unions to safeguard their interest. Business markets make their associations, to approach government for matters regarding taxes and policies which are detrimental to their business dealings or are against economic interests of the country; thus they provide guidelines for policymakers. Teachers of schools, colleges, universities make associations to look after their interest regarding their emoluments and facilities like further studies etc. and guide their governments regarding education curriculum and students’ problems and other matters. Student unions work for the betterment of their conditions like hostel facilities, transport facilities, tuition fees’ issues, facilities for extra-curricular activities etc. Students’ unions of different institutions may arrange students’ exchange programmes for better understanding among themselves. One of the most outstanding associations is political associations i.e. political parties who work according to political aspirations of their voters. Political parties are usually representatives of peoples’ democratic rights. But in actual

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(425) practice, the most political groups are run by people with vested interests especially in the Third World Countries and are hostile to one another. In countries like U.S.A., U.K. and others, big business cartels influence the political parties; religious groups, for example, the Jews have exceptionally great control to safeguard their interests. In countries like Egypt, Turkey, Algiers and others, political groups hostile to religion possess political power and take measures to suppress pro-Islam groups. In many third world countries, political parties in power resort to corruption and injustice and are occasionally toppled by their armies. There are very few political parties who are truly representatives of peoplesâ&#x20AC;&#x2122; aspirations. Most parties claim to be peopleâ&#x20AC;&#x2122;s voice while in fact, they have their own hidden agendas to get hold of power to further their nefarious designs. Many political parties have originated on religious basis and enjoy great support from religious-minded population. Many political parties with different political programmes may associate as one party in election to get power and then distribute their ministries to work together in harmony. On some occasions, such political coalition ends up in the fall of government. In almost all the countries of the world, many powerful groups like army officers and government officials form their exclusive clubs to gather for dining and use libraries, swimming pools and perform other social activities. In such gatherings, public at large is eluded. Also elites reserve clubs for their exclusive uses and have sometimes housing facilities too which only members can use; masses have no right to them. Even more, there are clubs whose enrolment fees and then annual fees is out of reach of an ordinary citizen. Women of higher classes have their own clubs for their social meetings where they gather for gossips, look for marriage matches for their children and for fun-fares and discuss proposals for social services and donations. In almost all countries, there are non-government organizations i.e. NGOs who work for the betterment of the society to alleviate social injustice, poverty, diseases and do many social works. Most of such organizations work on self-help basis while governments sometimes give financial assistance. Also, international organizations assist the NGOs of the poor countries; many philanthropists give heavy donations to the genuine organizations. Many NGOs are accused of working for foreign countries intentionally or unintentionally for their political

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(426) agendas or even work as spies. In many western countries, even prostitutes have formed associations to look after their interest and save themselves from injustice and social harassment. In the modern age, they term themselves as sex-workers; they pay taxes and in exchange get facilities for proper functioning within legal frame work; get health-care facilities; and arrange financial help for needy ones among them who suffered some accident. Such associations are not recognised in Islamic countries and not in many other countries where prostitution is illegal and not recognised officially, though unofficially this profession is present secretly everywhere especially in large cities and even involves protection of many high officials, police and wealthy people. “There are few legal limits on the freedom of people to associate together for political purposes. The criminal law of conspiracy only applies to agreements to commit a crime, to defraud or to do an act which tends to corrupt public morals or outrage public decency” (Criminal Law Act 1977, Part I; Smith and Hogan, pp. 256-287). Accordingly, the fact that people associate to perform certain acts will not render them criminally liable unless those acts would be illegal if performed by an individual, subject to the three limited exceptions stated. The tort of conspiracy is committed where two or more people agree to do an unlawful act, or to do a lawful act by unlawful means, or to perform acts other than for their own legitimate benefit, with the object of inflicting damage on a third party (Clerk and Lindsell on Torts, 16th edn, paras 15.21-15.26); Hubbard v Pitt [1976] QB 142, CA, below, p.162 Lonrho Ltd v Shell Petroleum Co Ltd (No. 2) [1982] AC 173. The tort of conspiracy is thus now appreciably wider in scope than the crime, although it is necessary in tort for the plaintiff to prove that he has suffered damage. The following section illustrates some statutory limitations on freedom of association in the public order context. Public Order Act 1936 “An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of military or similar character; and to make further provision for the preservation of public order on the occasion of public processions and meeting and in public places”. (Civil Liberties page 1579) 9

Civil Liberties by Bailey, Harris, Jones Butterworths, London.

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(427) On January 22, 1963, the French and West Germany Governments concluded a treaty of friendship and cooperation designed to end “400 years of war and disputes” between the two nations and link them in close collaboration in major policy fields. It provides for a wide range of coordinated action in foreign affairs and defense. In matters of education and youth, and social and family affairs, and calls for meetings at least twice a year between the nations; chiefs of state and government, and four times yearly between the ministers responsible for the several areas of cooperation; monthly meetings of experts in the field of foreign policy, economics and cultural affairs, and bi-monthly meetings of the military chiefs of staff. Among other things, the treaty provides that the armed forces of the two nations will engage in joint training and manoeuvres and coordinate their research, development and production of conventional arms. (Cooperation in the manufacture of nuclear weapons is specifically excluded.) In the field of education, the treaty provides that diplomas of each country will be recognized by the other; that a broad program of scholarship and student exchanges will be instituted and that the teaching of the French language in German schools and of the German language in French school will be extended. All the above legal associations are legal human rights of mankind. Islam has given a clear instruction that in every city, town or village, a group of people must organize themselves to work for the betterment of the society. We quote the Holy Qur’an:

And there may spring from you a group who invite to goodness and enjoin right conduct and forbid bad conduct. Such are they who will get salvation. (Al-Imran 105) Thus Islam enjoins upon every Muslim to associate for good works but strongly admonish those who join together to do anti-social activities. The Holy Qur’an gives these commandments not only to men but also to women. So all N.G.Os who work for the good of the society are Islamic except those N.G.Os who indulge in un-Islamic professions. __________

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Chapter 4

RIGHT OF POLITICAL INDEPENDENCE Every country, and within a country every national group wants to have their own political system which is independent and stable, not interfered by foreign influence. In order to achieve political stability, democracy is the most popular and the most effective way. But in fact very few countries of the world can claim 100% democracy; democracies of different countries of the world may differ slightly as regional factors do affect it. Almost all democratic countries have more than one democratic party who differ in their policies; in many cases they may be bitterly opposed and even hostile to each others. In almost all nations and societies, there are many religious, political and linguistic groups who have their own political aspirations; so a united consensus on any national issue is not always possible, so the most countries of the world have states and provinces. These states and provinces join together to create one central governing body. We have a good example of United States of America where each of 50 states. has its independent political identity and local rule while major parties, like Republican and Democrats rule in the centre. In Pakistan, there are provinces of Punjab, Sindh, Balochistan, North Western Frontier Province now called Khyber Pakhtoonkhwa and Azad Kashmir; each province is ruled by their local politicians while there is one central government which consists of representatives of each province. In spite of provincial laws and the laws promulgated by central government, Sindh has a great influence of waderas i.e. big landowners; Balochistan and NWFP have a great influence of local sardars i.e. tribal heads who decide many legal decisions by jirgas i.e. representatives of different tribes. In the most countries of the world especially in African countries, countryâ&#x20AC;&#x2122;s laws and tribal laws go together, while local mafias and warlords run parallel governments openly or underground. India is a big country and is divided into states; each state

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(429) has its own laws, cultures, linguistic groups and even different religious customs. In spite of Indian law which prohibits class system, about three milleniums old customs of five castes i.e. Brahmins, Khshtriyas, Vaishyas, Sudras and untouchables are still in practice in many states. People are satisfied with their adverse behaviour because of deep-rooted religious regulations. During the last six decades, hundred of thousands incidence of violence has erupted among the Hindus and the Muslims and also between the Hindus of higher castes and the Shudras and the untouchables. Many parts of India are free from caste-system but still violence between the Hindus and non-Hindus is quite common thanks to politicians and godfathers of underground world who have vested interests in unrest and social disorders. In Afghanistan, there are many tribes and war-lords who are hostile to each other. Majority of people are Sunnis but U.S.A. attacked the country and imposed Shia regime of Northern Alliance which is a cause for permanent disorder; this trick justified America’s armed presence and also NATO’s presence and continued killing of innocent people. USA and its allies are busy to democratize the Afghans and enforce a friendly puppet regime who gives access to their armed forces to control the neighbouring Muslim states and China. Thus USA and NATO’s forces will ensure that the natural wealth of that region is used by USA and the rich European countries. This invasion has removed the popular government of Taliban which was hostile to USA and imperialistic and capitalistic European countries who deprive the poor countries of their wealth to keep them poor and get richer themselves. A senior officer of C.I.A. Garry C. Shroen, after retirement wrote a book ‘First in Afghanistan’. In the book he mentioned that in September 1996, when Taliban were attacking Kabul to capture it, at that time, he accompanied Masood Khaleel to New Delhi to meet Ahmad Shah Masood who worked as agent for all funds paid by C.I.A. for Northern Alliance to help them to control Kabul. The above report proves a well-known fact that powerful countries use all means to subvert the regimes of poor and weak countries for their vested interest. In this game, both the capitalistic as well as the communist or the socialistic block are equal partners. Surely, as a Muslim, one can say that such acts are inhuman and against the fundamental rights of the people. In fact the champions and the originators of Human Rights are the greatest violators of it. Afghanistan enjoyed great peace during

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(430) the Taliban era but it was completely destroyed by foreign unjustified invasion. Millions of Afghans received injuries, got killed and experienced exodus so as to satiate unsatiable greed of the rich countries. There are some conspiracy theorists who claim that even al-Qaeda is strengthened, helped and funded by FBI and Israelis secretly whose activities give justification to foreign powers to attack other countries, even 9/11 attack was done by alQaedaâ&#x20AC;&#x2122;s agents with full secret help by CIA, FBI and the Israeli agencies who ensured their success with help in all stages; even members of al-Qaeda did not know that their plan is being masterminded and supervised by enemies of Islam. Perhaps such conspiracies can never be unearthed and remain unproven. Thus, this one inhuman unjustified attack became a precursor for killings of many million people who had no hand in it; there is no justification for mass-killing of innocents; mistake of few conspirators canâ&#x20AC;&#x2122;t justify destruction of ten million. Is it so because Muslimsâ&#x20AC;&#x2122; blood is not sacred but too cheap? Or is it a good trick to generate terrorist groups to give credence to their otherwise criminal activities? A similar drama was repeated in Iraq, USA attacked the country under the pretext of finding weapons of mass destruction and to remove the hostile rule of non-religious Baath Party headed by Saddam Hussain. This illegal and immoral invasion has brought about death, injuries and exodus of over ten million innocent people. Also the invasion has brought about complete destruction of economic infra-structural, educational institutions, health services, job opportunities, agricultural activities etc. This is perhaps the ugliest example of incidence of one group of socalled human beings killing other group of human-beings for political and economic dominance, surpassing crimes of Ghanghis Khan, Hulako Khan, Hitler and fearsome empires of old Rome and Persia all put together. The most lethal bombs, and guided missiles were used indiscriminately upon peaceful population, with full documentation by the medias and shown live on T.V. This is surely an age of murders and genocides. Pitiless murderers and extortionists ruled the world, thinking that none can take them to task or take revenge nor anyone can perceive knowledge of their tricks, motives and hidden plans behind their actions. People of poor countries do know but are helpless, beggars and like guinea pigs. Thus peace of a country was destroyed whose leaders themselves carried out immoral attacks on Iran, Kuwait and Kurdistan; thus peaceful populace experienced ruin and disaster for no mistake of their own; clever

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(431) nations grabbed the opportunity to change a hostile government and instead put a friendly regime to give them business and the control of oil. Thus those countries who loudly advocate principles of democracy and self-rule are the first to destroy it. In Algeria, Egypt, Turkey, Somalia and others whenever a pro-Islamic political party wins election, immediately antiIslamic forces both within and outside the countries come into operation to deprive the Islamists their right to rule. In Algeria, after pro-Islam parties won majority seats in elections, more than one hundred thousand Muslims were killed by Army rulers, fully supported by all the Western countries; none raised voice for those seeking democracy. In almost all the Muslim countries, anti-Islamic or modernistic Islamic political parties receive foreign aids to strengthen their control on power. In 1955, fifty thousand Akhwanul Muslemeen members i.e. Muslim brotherhood, were killed, then two hundred and fifty thousand pro-Islam Yemenis were killed. Unfortunately, anti-Islamic propagandists have indoctrinated their listners to believe that rise of Islam is perhaps a most dangerous development, and its rise must be thwarted by all means and it is the greatest service for humanity to stop this evil i.e. renaissance of Islam. We will deal this propaganda in detail in the chapter of religious rights. In contrast to anti-Islam propagandists, the Muslims say that Islam is the only way of life to save the world from selfdestructions, immorality, insecurity and godless materialistic way of life. Democracies of the world differ greatly in their working; in truth every country has a democratic system of their own embodying many systems to suit their countryâ&#x20AC;&#x2122;s social values. U.K. and many European countries have kings and queens as their heads; there are separate House of Lords too, and common manâ&#x20AC;&#x2122;s representative party rules too. In Jordan, Saudi Arabia, United Arab Emirates and others, their heads are kings and Amirs who are assisted by council of men who represent people but their way of selection may not be as in Western countries by voting. Usual way of voting of people to select their rulers after a lapse of few years do not suit to many countries; even such votings do not elect true representatives of people but different powerful groups are able to push their candidates to power by their manipulations. For example, in Italy, France, Germany and many European countries, there is continuous political battle between pro-capitalist parties and pro-socialist

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(432) parties, each are funded by powerful groups with vested interest. In U.S.A. pro-capitalist parties are in power thanks to very rich and influential Jewish population who control economy, wealth, medias and educational institutions. Communism and socialism was strongly suppressed in the past and now enjoys no appreciable following. But in many South American countries socialism enjoys great following as this system is more beneficial for the masses who are much poorer than North Americans. But this situation is a source of great worry for USA because socialists thwart all capitalistic designs to loot their countries. In the past, there had been many rumours that CIA was actively involved in the politics of all the South American countries and even carried out many clandestine, subvertive operations and even paid for murders to bring down anti-USA rulers. This is perhaps true for all powerful countries who indulge with politics of neighbouring countries or their bloc of influence. Great powers use many means to influence politics of poor countries like giving of loans and aids, supply of armaments, building of mega-projects to overcome poverty, providing of educational facilities to students, officials, army personnels, teachers and scientists. Such steps bring the poor countries closer to the donor countries who in turn have vested interests. But in fact, financial loans have ruined many poor countries who are unable to pay its interest even, because such loans are not used up intelligently by corrupt officials. In many cases, corrupt officials buy low quality items for their commissions, kick-backs and expensive tours while concrete steps to uplift peoples’ condition are not taken effectively, so illiteracy and population explosion frustrates and defeats all little economic uplifts. Thus poor countries become more dependent and are unable to resist interference in their internal affairs by the donor countries. Though such donor countries always advocate democracy in poor countries but on many occasions they even appreciate undemocratic or even army rules if it suits their causes. In 1953, Musaddaq’s democratic government was toppled and King Raza Shah Pehlawi was installed in Iran. Musaddaq wanted to nationalize all oil companies which didn’t suit the capitalists. After revolution in 1979, Raza Shah Pehlawi was sent into exile; USA has openly given millions of dollars to anti-revolutionary groups. In fact, democracy is the best system to run a country, but in practice, all democracies are not loyal to masses’ cause, rather

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(433) all countries are slaves of those systems which were practiced in the past; so democratic principles can be effective only if adopted in stages by sincere leaders who take into account the socioreligious conditions of their countries. In many Third World countries political parties in power use all the government powers to victimize their opponent leaders and create legal cases against them and the party workers to get them severe punishments through courts whose judges act with partiality and adopt lines dictated by the rulers. Sometimes, the ruling party pays heavy bribes to opposition members to change their loyalties and are offered high posts in the government. Government may use their agencies to terrorize their opponents, may even change electoral ballots and results, even judges have secret alliances with the rulers, such are existing problems in many countries of the world all in the name of democracy. A speech in General Assembly Hereunder are some excerpts for our readers. Torres Bodet of Mexico, addressing the eighty-second plenary meeting of the General Assembly on September 17, 1947, said: ‘Our diplomatic language is to some extent the language of our era, but our actions are still very similar to those which strewed the path of history with millions of corpses…. We speak of the welfare of man at a time when man is torn between the two opposing forces of juridical and cultural internationalism on the one hand, and political and economic nationalism on the other…. In the opinion of my country, that is the cause of all our difficulties and the root of all our problems…. Unless we consolidate the United Nations, all our efforts will again come to naught and, by losing the peace, we shall also have lost the war… But if we hope to consolidate our organization, we shall have to correct many mistakes, overcome much pride, and relinquish many of our advantages. That means that we shall have to adopt a policy of sincere international equality, making our liberties real, abolishing exclusive politics and confessing unreservedly that we would be deceiving the peoples of the world if, after having raised the banner of universality, we continue to destroy that universality by sophistries born out of the most sterile nationalism…. The United Nations will be saved only if it is determined to be

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(434) the true expression of the solidarity of mankind, of all the men of the earth…. All Member States resist United Nations incursion into their spheres of interest. The greater their power, the greater is their care not to allow their vital interests to become entangled in the proceedings of the organization. The efforts of the United State in 1954, for example, to block Guatemala’s complaint to the Security Council of aggression by Honduras and Nicaragua by invoking Article 52(2) of the Charter, which enjoins Member States parties to regional arrangements to try to achieve pacific settlement of local disputes on the regional level before referring them to the Security Council, could not disguise America’s vital national interests which were at stake in the dispute. The Soviet Union has never made any secret of her intolerance of any United Nations attempt to intrude into her sphere of interest, embracing first of all the countries of the Soviet bloc. The forceful wave of internationalism invariably seems to stop at the national frontier or the frontier of interest’. The above quotations indicate that in spite of efforts and a profession of belief in equality and justice, powerful rich nations use their influence and even use veto power when their own political or economic interest is in jeopardy. Kellogg-Briand Pact of 1928 was enacted to bring peace to the world. Article I of the Pact of Paris reads: “The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another”. But then statements were made by different politicians to jeopardize the pact. Professor F. P. Walters writes: The official interpretation given to the Pact by the American Secretary of State was that it did not forbid war. “Every nation,” the Secretary of State wrote, “alone is competent to decide whether circumstances require recourse to war in selfdefense,” and it was plain that under self-defense he included the defense not only of the national territory but also of vital interests and policies such as the Monroe Doctrine. Similarly, the British Government formally announced that it regarded the

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(435) maintenance of peace “in certain regions of the world” not under British sovereignty as a measure of self-defence. Since, therefore, each signatory was the sole judge of its own self-defense and since the greatest among them proclaimed an extensive interpretation of that word, the way was open, as far as the Kellogg Pact was concerned, to military action which would certainly not be consistent with the Covenant. And indeed when Japan undertook the conquest of Manchuria, she claimed the benefit of the right thus recognized, declaring that Manchuria was no less vital to her self-defense than the Suez Canal to Britain or the Panama Canal to the United States. In spite of the Kellogg Pact, not only World War II occurred but many wars occurred like Israel and Middle East; U.S.A. and Campuchea, Vietnam, Korea, Afghanistan, Iraq; USSR and Afghanistan; Iraq and Iran and Kuwait. Unfortunately the economy of many big powers depend upon wars and instability in poor countries of the world because armament and ammunition sale is their most profitable business with exorbitant profit margins. We hereunder quote big claims by socialists to aggrandize their form of democracy, which will be of interest to our readers. “The socialist camp is a social, economic and political community of free and sovereign peoples united by the close bonds of international socialist solidarity, by common interests and objectives, and following the path of socialism and communism. It is an inviolable law of the mutual relations between socialist countries strictly to adhere to the principles of Marxism-Leninism and socialist internationalism. Every country in the socialist camp is insured genuinely equal rights and independence. Guided by the principles of complete equality, mutual advantage, and comradely mutual assistance, the socialist states improve their all-round economic, political and cultural cooperation, which meets both the interests of each socialist country and those of the socialist camp as a whole. One of the great achievements of the world socialist system is the practical confirmation of the Marxist-Leninist thesis that national antagonisms diminish with the decline of class antagonisms…. There are no objective causes in the nature of the socialist system for contradictions and conflict between the peoples and states belonging to it. Its development leads to greater unity among the states and nations and to the consolidation of all the forms of cooperation between them.

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(436) Under socialism, the development of national economy, culture and statehood goes hand in hand with the strengthening and development of the entire world socialist system, and with an ever greater consolidation of the unity of nations. The interests of the socialist system as a whole and national interests are harmoniously combined. It is on this basis that the moral and political unity of all the peoples of the great socialist community has arisen and has been growing. Fraternal friendship and mutual assistance of peoples, born of the socialist system, have superceded the political isolation and national egoism typical of capitalism. The common interests of the peoples of the socialist countries and the interests of peace and socialism demand the proper combination of the principles of socialist internationalism and socialist patriotism in politics. Every Communist Party which has become the ruling party in the state, bears historical responsibility for the destinies of both its country and the entire socialist camp. Solid unity of the Communist and workers parties and of the peoples of the socialist countries and their loyalty to the Marxist-Leninist doctrine are the main source of the strength and invincibility of each socialist country and the socialist camp as a wholeâ&#x20AC;?. But time proved that Soviet bloc is the product of deliberate policy of permanent Russian interests. Violent outbreak of ideological warfare between China and the Soviet Union put an end to one of the greatest myths of the twentieth century ď&#x201A;ž that communism could permanently unite peoples of varied national, cultural and historic backgrounds and diverse interest into one fraternal and ideological community. The nationalist independence which president Tito of Yugoslavia has never compromised since he broke with Stalin. In the present time, communism has suffered a worldwide defeat and is near its extinction. Communism in China has undergone moderation and modernization and has forsaken old strict communist regulations. North Vietnam, North Korea and Cuba are the only countries where communism is practiced. But in many countries of the world socialism is becoming popular because this system gives more opportunities to the masses and stops exploitation of the poor at the hands of the rich people, big capatilists, and multinational group of companies who deprive

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(437) populace their wealth and basic human rights. At the present time, people of the poor countries love such political systems which brings about parity between the poor and the rich investors; all economic groups flourish with just shares and equal opportunities. And this is what Islam stands for; wealth of a nation should not accumulate in few hands; people should have equal social status; it is government’s duty to ensure that none experiences exploitation and neglection, as all are members of one human family. Hereunder are some news reports:  (August 13, 2006) BEIJING: Visiting Venezuelan President Hugu Chavez said the United States was more in need of a democratic transaction than Cuba, branding America’s political system a “dictatorship”. “We are helping Cuba and will continue to do all we can to help Cuba,” Chavez told a press briefing during his six-day visit in China. “We have said if there was a country which needed to carry out a democratic transition, that would be the United States, because the United States operates a dictatorship”, said the president. “The United States has imposed a universal dictatorship. The world must reclaim democracy,” he said, adding: “The great threat for the democracy in the world is called the United States.” Visiting Venezuela President Hugo Chavez denounced Israel’s recent attacks on Lebanon as “genocide,” likening its action to war crimes committed by Germany’s Nazi leader Adolf Hitler. “Israel often criticizes Hitler but…. they have done the same thing, perhaps even worse,” Chavez told reporters in about briefing during his six-day visit to China. Denouncing the “fascist attitudes” of Israel, he said: “What has happened was a genocide. They must be brought in front of an international tribunal.” Thus in the present time, many countries are finding courage to challenge rich powerful country’s illegal indulgences in the affairs of others.

WASHINGTON: US President George W. Bush approved 80 million dollars over two years to help foster democracy in Cuba, and enable citizens of the

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(438) Communist island free themselves “from the repressive control of the Castro regime.” In a statement, Bush said he had approved a “compact” with the people of Cuba “as the transition from the repressive control of the Castro regime to freedom and a genuine democracy.” The US president also accepted the recommendations of “The Commission for Assistance to a Free Cuba”  a panel led by Secretary of State Condoleezza Rice and Commerce Secretary Carlos Gutierrez  which included the 80million dollar expenditure. “The report demonstrates that we are actively working for change in Cuba, not simply waiting for change,” Bush said.  AFP

USA is openly helping political dissidents of other nations like Iran and many others to strengthen and be a challenge for their governments. USA gave help openly and in some cases even sent troops and planes as in Hondurus, Guetemala, Nicaragua, El Salvader, Colombia, Panama, Chilli, Brazil, Cuba and other countries of South America. C.I.A. is openly accused of clandestine operations in many countries involving political murders directly or indirectly. In Chechinya, USSR carried out history’s one of the most gruesome savagely genocide; killing and throwing out more than half the population so as to suppress their demand for political independence; heavy oil reserves of Chechnya deterred the Russians to succumb to the popular demand of the people of Chechinya, mainly Muslims. Bosnia is also among those countries where the Muslims had been killed and sent into exiles in millions to completely change the political scene of a Muslim state. Former Yugoslavian president Sloban Milosevic, nicknamed as Butcher of Balkans; Serb army during action in Croatia, Bosnia and Kosova killed many hundred thousands Muslims while three million were forced to leave the country and go to neighbouring Muslim states. Thus this massacre and rape of hundred of thousands of Muslim women is a black spot on the face of those who call themselves Orthodox Christians, humanity perhaps never sank down to such a low level of depravity and wickedness. Even Israel, whose Jewish population suffered death of 6 million people at the hands of German Christian, didn’t learn any lesson from their own sufferings, but themselves used the same tactics against the Palestinians which Hitler and Nazis used against them; five million Palestinians were killed and sent into exile. Israel is expanding continuously in violation to Human

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(439) Rights law for territories. In this age of law of jungle, Israel is getting full backing from all the champions of justice, democracy, peace and so-called Human Rights; in fact, politics has become a synonym of hypocrisy in the present age, power has become justice, might is right. Hereunder is excerpt from a book ‘The Anatomy of Liberty’ p 52, 53 which will be of interest for many: Yet in spite of all declarations the human race has gained more in knowledge than in wisdom over the centuries. Not many nations can say today what Pericles said in 431 B.C: ….. this our form, as committed not to the few, but to the whole body of the people, is called a democracy. How different so ever in a private capacity, we all enjoy the same general equality our laws are fitted to preserve; and superior honors just as we excel. The public administration is not confined to a particular family, but is attainable only by merit. Poverty is not a hindrance, since whoever is able to serve his country meets with no obstacle to preferment from his first obscurity. The offices of the State we go through without obstructions from one another; and live together in the mutual endearments of private life without suspicions’. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” (James Madison) The following excerpts indicate that religion plays an important role in political struggles for independence movements: “Cornell University Press, 1964, pp. 105-106. In Indonesia, the Islamic organizations have played an important part in the independence movement and have remained a strong unifying factor in the nation’s politics. Ibid., pp.194-195. Buddhism has been a focus for political and religious agitation in South-Vietnam, Ibid., pp.418-422, while the clergy has been an active political force in Ceylon and Pakistan, Ibid., p.213. In the Middle East, religion very often reinforces political loyalties.” Before the East and the West Germany were united and became one country in 1989, we hereunder quote sentiments of German nation; perhaps every nation of the world who is divided by force wish to reunite, and wants to demolish artificial division. ‘The Federal Republic is committed to the reunification of Germany as a fundamental and uncompromising national policy. The vision of a reunited Germany is kept alive in the hearts and

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(440) minds of the German people and it has found its most poignant expression in the so-called “Hallstein doctrine,” which not only rejects the legitimacy of the East German regime, but seeks to discourage others from recognizing it. The reunification of Germany is a problem which lies at the heart and core at the division between East and West. The prize of a Germany reunited and committed to one side or the other is too great to be abandoned by either of the major contestants. Meanwhile, neither East nor West can afford to see its part of Germany, as it were, fall to the other without inviting disaster to their respective military and political positions. But, above all, there is the fact that few nations have ever acquiesced in their division by a foreign mandate. On the occasion of the tenth anniversary of the re-establishment of German sovereignty in 1965, the Bonn Government declared: In these ten years since the achievement of sovereignty, the Federal Republic of Germany has achieved a firm and acknowledged place among the free nations of the world. But the great goal of reunification still lies unachieved before us. We must and shall pursue this goal tirelessly. We hope confidently for the support of the three Western powers, which declared themselves expressly in the treaty on Germany (Paris Treaties) for reunification. (The New York Times, May 6, 1965).” The following excerpts tell us how religious, racial and linguistic differences compel people to seek an independent piece of land for the aspirations of nations who live there: “Differences over the Constitution, especially over the question of residual authority of the Indian Government, led to a breakdown of negotiations and the resumption of guerilla fighting in September, 1964. Since then various attempts to negotiate a settlement, directly between the Indian Government and Naga insurgents and through the mediation of third parties, have yielded no results. On April 11, 1967, India’s Foreign Minister told the Parliament that Naga groups were seeking arms and ammunition in China and training in sabotage and guerilla techniques there to continue their fight for independence. (The New York Times, April 12, 1967). For a statement of the Naga insurgents’ case by one of their leaders, see A. Z. Phizo. The Fate of the Naga People, a report by the President of the Naga National Council, London, 1960 (mimeographed). Irregular reports are issued by the Indian Baptist Church Convention,

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(441) which in 1964 established a peace mission to bring about a peaceful settlement of the Naga dispute. The Nagas are overwhelmingly Christian. The Indian Government has faced other tribal rebellions. The most important of these has been the secessionist movement in the Mizo region in the State of Assam, where the Government was compelled to concede autonomy to the tribal districts in that State. On January 13, 1967, the Government announced that within six months Assam would be reorganized into two units  the plains and the hill district  of equal status, with their own legislative assemblies and councils of ministers, but with a common governor and high court. (The New York Times, January 14, 1967.) Master Tara Singh, who in 1960-1961 dramatized the militant Sikh demands by fasting, is quoted to have said: We have adopted the linguistic principle because it suits us. We know that a genuinely Punjabi-speaking state will be such that the Sikh religion will be safe in it. Hugh Tinker, op. cit., pp.138 and 155. It should be noted that barely a month had passed since the division of Punjab when the Sikhs made new demands upon the Indian Government. These included the abolition of the common governorship and High Court which linked the two states of Punjabi Subha and Hariana, and the incorporation into Punjabi Subha of certain border areas and the federally administered city of Chandigarh, joint capital of the two states. Threats of self-immolation on the part of Sikh leaders in support of their demands ended on December 26, 1966, in a tenuous agreement, according to which the demands for control of the Chandigarh would be arbitrated by Prime Minister Indira Gandhi and the other area disputes settled by a special commission. (The New York Times, December 27, 1966)”. When war between the Communists and the Capitalists was at its peak in sixties and seventies, in Indonesia more than one million landless peasants were killed who were procommunists. Bloody persecution of communists began in March, 1966, USA and other Capitalist countries helped Soekarno and then Suharto to carry out operations and suppress communist ideology. Also in Cambodia, Polpot’s Khmer Rouge killed about two millions pro-capitalist people and all those who did not side with their armed revolution; again capitalist countries helped the pro-Capitalist forces to stem the revolutionaries. In Vietnam,

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(442) Korea and Laos, it was actually wars between communism and capitalism which brought about one of the greatest human tragedies; Russian Communist revolution itself resulted in the death of 15 to 20 millions including those who died in the Muslim states where the Muslims unsuccessfully resisted the USSR’s revolutionary army. Hereunder are some good suggestions by a former federal secretary of Pakistan Dr. M.S. Jillani.

“The first task before the Muslim nations  as Muslims and as under-developed countries  is to find ways to save themselves from the political and economic domination by the West. They should also strive to obtain favourable trade conditions from industrial countries and not sell themselves cheap. The second is that political domination is exerted through the instruments of loans and military aid. Once a country has swallowed a dose of the two, it is forced to become a target for dictation and blackmail. The conduit for foreign domination are the power elite who are won over through foreign tours, gifts and other personal favours as well as through arms twisting. The third is to counter the manoeuvres of the West to kill initiatives by the Muslim countries to improve their lot it is essential that they reduce tensions among themselves. The strategy of the anti-Islam powers is to fuel even minor differences between the Muslims and transform them into lasting lethal animosities. The Muslims must develop a mechanism to resolve differences. No country of the world is without political antagonism, ethnic rivalries, religious factions, ideological grouping, economic classes and a crowd of agitators. Democratic societies accommodate them without any harm to the nation. The Muslim states are unfortunately devoid of any real democratic system of governance. They tend to repress and avenge at the whims of those in power”.

We reproduce a report by Ansar Mahmood Bhatti, a political analyst, Islamabad about non-Aligned Movement which Pakistan joined in 1979. “NAM’s areas of action include ensuring national independence, sovereignty, territorial integrity and security of

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(443) non-aligned countries, struggle against imperialism, colonialism, new-colonialism, apartheid, racism, Zionism and all forms of foreign aggression, occupation, domination, interference or hegemony and above all wage joint struggles against the bloc politics. NAM’s wish-list appears to be quite ambitious and a farce when it says that territorial integrity of the member countries would be protected besides offering a collective resistance in case of an attack on a member state”.

Hereunder is reproduced an interesting article by Secretary-General of the United Nations Kofi Annan: “Nearly 50 years ago, when I arrived in Minnesota as a student fresh from Africa, I had much to learn  starting with the fact that there is nothing wimpish about wearing earmuffs when it is 15 degrees below zero. All my life since has been a learning experience. Now I want to pass on five lessons I have learned during 10 years as Secretary-General of the United Nations that I believe the community of nations needs to learn as it confronts the challenges of the 21st century. First, in today’s world we are all responsible for each other’s security. Against such threats as nuclear proliferation, climate change, global pandemics or terrorists operating from safe havens in failed states, no nation can make itself secure by seeking supremacy over all others. Only by working to make each other secure can we hope to achieve lasting security for ourselves. This responsibility includes our shared responsibility to protect people from genocide, war crimes, ethnic cleansing and crimes against humanity. That was accepted by all nations at last year’s UN summit. But when we look at the murder, rape and starvation still being inflicted on the people of Darfur, we realize that such doctrines remain pure rhetoric unless those with the power to intervene effectively  by exerting political, economic or, in the last resort, military muscle  are prepared to take the lead. It also includes a responsibility to future generations to preserve resources that belong to them as well as to us. Every day that we do nothing, or too little, to prevent climate change imposes higher costs on our children. Second, we are also responsible for each other’s welfare.

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(444) Without a measure of solidarity, no society can be truly stable. It is not realistic to think that some people can go on deriving great benefits from globalisation while billions of others are left in, or thrown into, abject poverty. We have to give all our fellow human beings at least a chance to share in our prosperity. Third, both security and prosperity depend on respect for human rights and the rule of law. Throughout history human life has been enriched by diversity, and different communities have learned from each other. But if our communities are to live in peace we must stress also what unites us: our common humanity and the need for our human dignity and rights to be protected by law. That is vital for development, too. Both foreigners and a country’s own citizens are more likely to invest when their basic rights are protected and they know they will be fairly treated under the law. Policies that genuinely favour development are more likely to be adopted if the people most in need of development can make their voice heard. States need to play by the rules toward each other, as well. No community suffers from too much rule of law; many suffer from too little  and the international community is among them. My fourth lesson, therefore, is that governments must be accountable for their actions, in the international as well as the domestic arena. Every state owes some account to other states on which its actions have a decisive impact. As things stand, poor and weak states are easily held to account, because they need foreign aid. But large and powerful states, whose actions have the greatest impact on others, can be constrained only by their own people. That gives the people and institutions of powerful states a special responsibility to take account of global views and interests. And today they need to take into account also what we call “non-state actors.” States can no longer  if they ever could  confront global challenges alone. Increasingly, they need help from the myriad types of association in which people come together voluntarily, to profit or to think about, and change the world. How can states hold each other to account? Only through multilateral institutions. So my final lesson is that those institutions must be organized in a fair and democratic way, giving the poor and the weak some influence over the actions of the rich and the strong.

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(445) Developing countries should have a stronger voice in international financial institutions, whose decisions can mean life or death for their people. New permanent or long-term members should be added to the UN Security Council, whose current membership reflects the reality of 1945, not of today. No less important, all the Security Council’s members must accept the responsibility that comes with their privilege. The council is not a stage for acting out national interests. It is the management committee of our fledgling global security system. More than ever, Americans, like the rest of humanity, need a functioning global system. Experience has shown, time and again, that the system works poorly when the United States remains aloof but it functions much better when there is farsighted US leadership. That gives American leaders of today and tomorrow a great responsibility. The American people must see that they live up to it”. Separists, Freedom Movements In the present time many national groups are fighting for a free land where their nations can live in peace, free from foreign interference; a place where they can worship freely and carry out their cultural, religious, social and economic activities with freedom. Freedom is a slogan all over the world. We find struggles going on all over the world, sometimes genuine sometimes foreign inspired. We have example of Nepal where peasants inspired by Mao Tse Tung’s teachings are attacking their opponents and King’s army men. In Kashmir, Muslim Mujahideen are carrying out secret holy war against the Hindu rule; more than one hundred thousand young men were massacred during last 25 years. Within India, in Tamil Nado, Tari Pura Mesoram, Mani Pura, Asam, Nagaland there are many separatist movements going on. In Sri Lanka, Liberation Tigers of Tamil Elam are carrying out subversive activities to compel the government to give them political freedom. In Mianmar, Burma, many local Buddhist organisations are fighting for political freedom from army rule. In Philippines, the Muslim population have been completely destroyed by the Christian army with great brutality but still armed struggle for an independent Muslim state is going on by Abu Siaf Group.

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(446) In Thailand, in areas bordering Malaysia where Muslims are in majority, separatist insurgents have killed more than 1300 people in the last 2 years mostly Muslims. Many hundred Muslims were brutally killed by the army who staged protest. In Somalia, Angola, Uganda and Eritrea, there are continuous movements by Islamic groups to free their lands from foreign influences. In Riwanda, local tribes are fighting for independence and to bring Hotoo tribes in power; in 1994, nearly one million people were killed in less then two months. In Greece and many countries of the world, political groups are fighting against presence of USAâ&#x20AC;&#x2122;s army bases, especially in Japan where USA has agreed to move their bases from Okinawa to Guam in Pacific after receiving the cost of dislocation amounting to 10 billion dollars. In Albania, National Liberation Army is fighting for Human Rights. In Kurdistan, Democratic party of Iranians Kurdistan is fighting for a free Kurdistan. In March 1962, two million Iraq Kurds rebelled; rebellion continued for five years which resulted in the death of hundred of thousands Kurds. In Sudan, Darfur is a battle ground staged by Christian and local tribal men against the Muslim government to set up an independent state. In the near past, in Eastern Taimoor, South Africa, Congo Rhodesia, Ireland, Chechnya and many other countries there had been bloody struggle against foreign rules; colour and religion were root causes for such bloody movements. In some states, such struggles are still going on. Those countries which won independence from foreign rules, were further sub-divided into many smaller states to satisfy their tribal rivalries. Congo had 6 provinces before 1963; after independence from Belgium, it was divided into 21 provinces. In the near past, imperialist rich nations carried out large scale wars and genocide in Cambodia, Laos, Korea, Vietnam; many millions died; many millions suffered severe injuries; many millions persons were displaced; occupying forces, raped millions of Korean, Vietnamese, Thai women. These are certainly historyâ&#x20AC;&#x2122;s most shameful, cruel and loathsome acts committed by those who boast themselves as heralder of a new civilization. African historian Bazil Davidson said: â&#x20AC;&#x153;History will never forgive those people who carried out most savage crimes in

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(447) Angola, Mozambique by the help of USA and U.K. through South Africa; one and a half million people were killed cold bloodedly.” Remember that most of them were the Muslims. The Muslims are being killed on large scale very systematically; in many areas they have been exterminated completely leaving no traces behind. It may be noted that more than 90% refugees and displaced population is of Muslims. Our readers would notice that for all such struggles and bloody revolutions, Asia and Africa is a stage while Europeans and Americans enjoy peace. That is why many political analysts repeatedly assert that white nations have connived together to usurp the peace of Africa and Asia so as to sell their goods and armaments to them; so behind each bloody event in Asia and Africa, local politicians claim hands of USA and European nations including Russia, and it is loudly acclaimed that Asians and Africans are like puppets whose strings are in the hands of USA and imperialist nations; and Israel is their agent in the Middle East to supervise their policies and to destabilize the region in order to get heavy orders for armaments and defence items. Super power USA and powerful European countries and their god-father Zionists act like policemen enforcing human rights laws upon weak countries while violating human right laws themselves unashamedly without being reprimanded by any court of justice, nor they fear to pay any penalty or compensation for damages done by them. USA has 737 military bases throughout the world where military, paramilitary and defence personnels numbering two and a half million are deployed; these bases costed 17 billion dollars. The purpose of these bases and the bases operated by NATO and other European countries is to enforce new World Order i.e. to enslave poor countries and control their natural wealth, their economies, their markets and dominate their internal politics. Defence budget of advanced nations is 75% of world’s total defence budget and they control 80% of world’s total natural wealth; while their population is only 16%. Thus 84% world’s poor population have only 20% natural wealth in their control. Political stability of many Third World countries is affected by the fights between rival political groups, each of them have their vested interest and wish to get power to do corruption and crush the rival parties. Local pressure groups, mafias and big property or industry owners try to enforce their own selfish agendas through their political candidates; foreign powers invest

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(448) huge money for the success of such politicians who work as their agents. Also religious parties as well as new ideological groups like Communists, Marxists, Maoists, Socialists and minority religious and national groups greatly influence local politics. In fact there is no country of the world who can boast of a party system that works solely for their people without any foreign influence. In Islam, only one political system is legal and that is which enforces Allahâ&#x20AC;&#x2122;s divine laws as revealed in the Bible and to Prophet Muhammad; all laws including new laws which new situations require with the change of time, must conform to the divine commandments and in no case spirit of old laws shall be contravened. Islamic laws have great qualities for adoption to all new situations which have arisen in the modern time due to industrialization and modern scientific advancements. Even war on terrorism by the West is claimed by some conspiracy theorists as brain-child of the imperialist countries whose excessive brutalities in Palestine, Iraq and Afghanistan compelled militant Muslim groups to take revenge by terrorism and suicide bombing. This suits the imperalists well to continue their destructive plans; introduction and advancement of theory of clash of civilization is also part of their political and military designs, to build up public opinion against Islam, to enhance production of warfare equipments and ammunition and to give their armies training opportunities, exercises, activities and to test their newly developed weapons. Usually Asian and Africans are their targets especially the Muslims who possess oil and mineral wealth. In Islam, it is a primary duty of politicians to exhort people to say their prayers and pay poor tax i.e. Zakat; and order and help people to do good social works and use force to stop antisocial activities. Also it is a prime duty of political leaders to spend poor taxes upon needy ones and destitutes, and spend for the freedom of slaves and for care of prisoners and way-farers. Also the foremost duty of an Islamic government is to work to elevate hunger, and make arrangements for peoplesâ&#x20AC;&#x2122; education and develop health-care systems. In Islam, there is absolutely no place for kings and princes; men of the highest calibre are to be elected by the consensus of the people; only such officers are to be appointed to run peoples affairs who are selfless and have no greed for such posts. Head of a nation is supposed to maintain a living standard

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(449) which an average Muslim has, and he shall live in an ordinary house where all have free access to address their problems. All affairs of people must be decided after consultation with a body of advisors who are the noblest among the people. It is paramount duty of an Islamic state to ensure that every man, a Muslim or a non-Muslim must get equal treatment in the courts of justice, and their honours properties, lives and religious places must be protected; Muslims must be judged by their laws of Shariah while non-Muslims shall be judged by their own religious laws; all must have equal economic opportunities. Prophet Muhammad (SAW) said that the most near to God on their Day of Judgement will be just rulers. Also the Prophet said that a ruler should rule as he would himself like to be ruled; he should take interest in people’s affairs as he takes interest in his own family affairs. Also the Prophet (SAW) said that if a ruler doesn’t take pain in peoples’ welfare as he takes pain in his personal affairs, then Allah will send him to Gehanna. A ruler must utilize all his best abilities for peoples’ benefits. A ruler of people is actually their servant, the Prophet said. It is a Muslim state’s responsibility to help freedom of slaves and help the poor Muslims in their marriages; even farmers may be helped financially to restore cultivation of their fields. In a Muslim state, non-Muslims are free to get married according to their customs without a payment of dowry and without the right of divorce for a wife. Also they can use liquor and flesh of swine. Also if non-Muslims commit adultery and sell drugs, they will be treated according to their own religious laws. Also the Islamic law of inheritance is not applicable upon nonMuslims. Their marriage and divorce procedures will be according to their religious laws. Non-Muslims can carryout all illegal businesses which their belief permit them even if it is illegal in Islam like sale of liquor, sale of pigs flesh, sale of cross and icons of their religions figures. But practice of usury is not allowed to non-Muslims at all nor they can do evil propaganda against Islam. An Islamic government can take all steps which benefits all people at large; everything good for the people is Islamic. Islam prohibits only immorality, obscenity and injustice like adultery, prostitution, homosexuality, gambling and use of intoxicants and drugs. Not only Islam but all religions as well as all right thinking men too hate these evils. Islam stops all ways which leads to evils; an evil must be nipped in the bud. Islam does

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(450) not give such human rights to men which are openly against God’s established laws of all religions; almost all religions agree hundred percent with Islamic laws, but non-religious men with vested interests oppose under some unsound pretext. Islam gives broad principles for running the political affairs of all mankind which are based upon the best standards of justice. Islam does not recognise subversive activities in other countries nor interference into the affairs of others. Even during wars, killing of innocent population is strictly prohibited; also is prohibited destruction of infrastructure of the attacked country to destablise a country’s economy and displace the population. Such destructive measures are brain child of the West who separate religion and morality from politics; Islam has no such stigma upon it  all mankind is one blood, one family. AMNESTY INTERNATIONAL Amnesty International (commonly known as Amnesty and AI) is an international secular non-governmental organisation which defines its mission as “to conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated.” Founded in London in 1961, AI draws attention to human rights abuses and campaigns for compliance with international laws and standards. It works to mobilise public opinion to exert pressure on governments who perpetrate abuses. The organisation was awarded the 1977 Nobel Peace Prize for its “campaign against torture” and the United Nations Prize in the Field of Human Rights in 1978. The organization was awarded the 1977 Nobel Peace Prize for its “campaign against torture” the United Nations Prize in the Field of Human Rights 1978. 1980s By 1980 Amnesty International was drawing more criticism from governments. The USSR alleged that Amnesty International conducted espionage, the Moroccan government denounced it as a defender of lawbreakers, and the Argentine government banned Amnesty International’s 1983 annual report. There are seven key areas which Amnesty deals with: • Women’s Rights • Children’s Rights • Ending Torture,

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(451) • Abolition of the death penalty • Rights of Refugees • Rights of Prisoners of Conscience • Protection of Human dignity. Some specific aims are to abolish the death penalty, end extra judicial executions and “disappearances”, ensure prison conditions meet international human rights standards, ensure prompt and fair trial for all political prisoners, ensure free education to all children worldwide, decriminalize abortion, fight impunity from systems of justice, end the recruitment and use of child soldiers, free all prisoners of conscience, promote economic, social and cultural rights for marginalized communities, protect human rights defenders, promote religious tolerance, stop torture and ill-treatment, stop unlawful killings in armed conflict, to uphold the rights of refugees, migrants and asylum seekers, and to protect Human dignity. AI’s country focus is similar to that of some other comparable NGOs, notably Human Rights Watch: between 1991 and 2000, AI and HRW shared eight of ten countries in their “top ten” (by AI press releases; 7 for AI reports). In addition, six of the 10 countries most reported on by Human Rights Watch in the 1990s also made The Economist’s and News-week’s “most covered” lists during that time. Organisation Amnesty International is largely made up of voluntary members but retains a small number of paid professionals. In countries where Amnesty International has a strong presence, members are organised as ‘sections’. Sections coordinate basic Amnesty International activities normally with a significant volume of members, some of whom will form into ‘groups’, and a professional staff. Each have a board of directors. In 2005 there were 52 sections worldwide. Human Rights Watch HRW Human Rights Watch is one of the world’s leading independent organizations dedicated to defending and protecting human rights by focusing international attention where human rights are violated, HRW give voice to the oppressed and hold oppressors accountable for their crimes. HRW have fought to bring greater justice and security to people around the world. HRW stand with victims and activists to prevent discrimination, to uphold political freedom, HRW protect people from inhumane conduct in wartime, and to bring offenders to

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(452) justice. HRW challenge governments and those who hold power to end abusive practices and respect international human rights law. __________

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Chapter 5

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200 A(XXI) of 16 December 1966â&#x20AC;&#x2122;. Entry into force: 23 March 1976, in accordance with article 49. Preamble The States parties to the present Covenant, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Recognizing that these rights derive from the inherent dignity of the human person. Recognizing that, in accordance with the universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights as well as his economic, social and cultural rights. Considering the obligation of States under the Charter of the United Nations to promote universal respect for and observance of human rights and freedoms. Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present covenant. Agree upon the following articles: Part I Article-1

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(454) 1. All peoples have the right of self-determination. By virtue of that right, they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, base upon the principle of mutual benefit, and international. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self Governing and Trust Territories, shall promote the realization of the right of self-determination and shall respect that right, in conformity with the provisions of the Charter of the United Nations, Part II Article-2 1. Each State party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, 2. Where not already provided for by existing legislative or other measures, each State Party of the present Covenant undertakes to take the necessary steps in accordance with its constitutional processes and with the provisions of the present covenant to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes, (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

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To ensure that the competent authorities shall enforce such remedies who granted. Article-3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant. Article-4 1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not in consistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. 2. No derogation from articles 6, 7, 8 (paragraph 1 and 2), 11, 15, 16 and 18 may be made under this provision. 3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other states Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation. Article-5 1. Nothing in the present Covenant may be interpreted as implying for any State, group of person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant. 2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent, Part III

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(456) Article-6 1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty sentence of death, may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way, from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or communication of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women, 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State party to the present Covenant. Article-7 â&#x20AC;&#x153;No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

1. 2. 3.

Article-8 No one shall be held in slavery; slavery and the slavetrade in all their forms shall be prohibited. No one shall be held in servitude. (a) No one shall be required to perform forced or compulsory labour;

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Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term â&#x20AC;&#x153;forced or compulsory labourâ&#x20AC;? shall not include; (i) Any work or service, not referred to in subparagraph (b) normally required of a person who is under detention in consequence of a lawful order of a court, or of a person who is under detention in consequence of a lawful order during conditional release from such detention: (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations. Article-9 Everyone has the right to liberty and security of person, no one shall be subjected to arbitrary arrest or arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Any one arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer, authorized by law, to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be genera] rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for the execution of the judgement. Anyone who is deprived of his liberty by arrest or detention shall be entitled, to take proceedings before a

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(458) court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been victim of unlawful arrest or detention shall have an enforceable right to compensation. Article-10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as un-convicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners, the essential aim of which shall be their reformation and social rehabilitation, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. Article-11 No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article-12 1. Everyone lawfully within the territory of a state shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2. Everyone shall be free to leave any country, including his own. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present covenant, 4. No one shall be arbitrarily deprived of the right to enter his own country. Article-13

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(459) An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except were compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before the competent authority or a person or persons especially designated by the competent authority. Article-14 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (order public) or national security in a democratic society, or when the interest of the private lives of the Parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes, of the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality; (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal

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assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal accordingly to law. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. Who one shall be liable to be tried or punished again or an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. Article-15 No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is

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(461) made by law for the imposition of the lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article-16 Everyone shall have the right to recognition everywhere as a person before the law. Article-17 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article-18 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subjected to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 3. Freedom to manifest oneâ&#x20AC;&#x2122;s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The State Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions. Article-19 1. Everyone shall have the right to hold opinions without interference.

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(462) 2.

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this with its special duties and responsibilities. It may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public (order public), or of public health or morals. Article-20 1. Any propaganda for war shall be prohibited by law. 2. Any of national, racial or religious hatred that incitement to discrimination. Hostility or violence shall be prohibited by law. Article-21 The right of peaceful assembly shall be recognized. No restriction may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (order public) the protection of public health or morals or rights and freedoms of others. Article-22 1. Everyone shall have the right to freedom of association with including the right to form and join trade unions for protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national or public safety, public order (order public), the protection of public health or morals or, the protection of the freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize states Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as

462

(463) to prejudice Convention.

the

guarantees

provided

for

that

Article-23 The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. Article-24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national, or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name. 3. Every child has the right to acquire a nationality. Article-25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to service in his country. Article-26 All persons are equal before the law and are entitled without any crimination to the equal protection of the law. In this 1.

463

(464) respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion national or social origin, property, birth or other status. Article-27 In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. Part IV Article-28 1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions Hereinafter provided. 2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience. 3. The members of the Committee shall be elected and shall serve in the personal capacity. Article-29 1. The members of the committee shall be elected by secret ballot from a list of persons possessing the qualification prescribed in article-28 and nominated for the purpose by the States Parties to the present Covenant. 2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State. 3. A person shall be eligible for re-nomination. Article-30 1. The initial election shall be held not later than six months after the date of the entry into force of the present Covenant. 2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-

464

(465)

1. 2.

General of the United Nations shall address a written invitation to the states Parties to the present Covenant to submit nominations for membership of the Committee within three months. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated with an indication of the States Parties which nominated them, and shall submit it to the stated Parties to the Present Covenant no later than one month before date of each election. Elections of the members of the Committee shall be held meeting of the states Parties to the present Covenant convened by the Secretary-General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two-thirds of the states Parties to the present Covenant constitute a quorum; the persons elected to the committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of representatives of states Parties Present and voting. Article-31 The Committee may not include more than one national of the same State. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilisation and of the principal legal systems. Article-32 The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant. Article-33 It is the unanimous opinion of the other members, a member of the Committee has ceased to carry out his

465

(466) function; for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant. 2. In the event of the death or the resignation of a member of Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare; seat vacant from the date of death or the date on which resignation takes effect. Article-34 1. When a vacancy is declared in accordance with article-33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article-29 for the purpose of filling the vacancy. 2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of present Covenant. Article-35 The members of the Committee shall, with the approval of General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of Committeeâ&#x20AC;&#x2122;s responsibilities. Article-36 The Secretary-General of the United Nations shall provide necessary staff and facilities for the effective performance of functions of the Committee under the present Covenant. Article-37 1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations. 2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

466

(467) 3.

The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office Geneva. Article-38 Every member of the Committee shall, before taking-up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously. Article-39 1. The Committee shall elect its Officers for a term of two years. They may be re-elected. 2. The Committee shall establish its own rules of procedure but these rules shall provide, inter alia, that: (a) Twelve members shall constitute a quorum; (b) Decisions of the Committee shall be made majority vote of the members present. Article-40 States Parties to the present Covenant undertake to submit report on the measures they have adopted which give effect to the rights organized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned; (b) Thereafter whenever the Committee so requests. 2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant. 3. The Secretary-General of the United Nations may after consultation with the committee, transit to the specialized agencies concerned, copies of such parts of the reports as may fall within their field of competence. 4. The Committee shall study the reports submitted by the States Parties to the present Covenant, it shall transmit its reports and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States parties to the present Covenant.

467

(468) 5.

The States parties to the present covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article. Article-41 A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications, to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognising in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt within accordance with the following procedure: (a) If a State Party to the present covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication, the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing, clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter; (b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving Stateâ&#x20AC;&#x2122; of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the committee and to the other State; (c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law.

468

(469) This shall not be the rule where the application of the remedies is unreasonably prolonged; (d) The Committee shall hold closed meetings when examining communications under this article; (e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the State Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognised in the present Covenant; (f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in sub-paragraph (b), to supply any relevant information; (g) The states Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the committee and to make submission orally and/or in writing; (h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report; (i) If a solution within the terms of subparagraph is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached; (ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submission and record of the oral submissions made by the State parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States parties concerned. 2. The provisions of this article shall come into force when ten States parties to the present Covenant have made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States parties with the Secretary-General of the United nations, who shall transmit copies thereof to the other States parties. A declaration may be withdrawal shall not prejudice the consideration of any matter which is the subject of a

469

(470)

3. 4.

communication already transmitted under this article; no further communication by any State party shall be received after the notification of withdrawal of declaration has been received by the Secretary-General, unless the State party concerned has made a new declaration. Article-42 (a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission herein after referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to as the Commission. The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant; (b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached, shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members. The members of the commission shall serve in their personal capacity, They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41, The commission shall elect its own Chairman and adopt its own rules of procedure, The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the states Parties concerned.

470

(471) 5.

8. 9.

The secretariat provided in accordance with article 36 shall also service the commissions appointed under the article. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seised of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned; (a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter; (b) If an amicable solution to the matter on the basis of respect for Human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached; (c) If a solution within the terms of subparagraph (b) is not reached, the Commissionâ&#x20AC;&#x2122;s report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submission and a record of the oral submissions made by the States Parties concerned : (d) If the Commissionâ&#x20AC;&#x2122;s report is submitted under subparagraph (c) the states Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission, The provisions of this article are without prejudice to the responsibilities of the Committee under article 41. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

471

(472) 10.

The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article. Article-43 The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations. Article-44 The provisions for the implementation of the present Covenant shall apply without prejudice to the procedure prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them. Article-45 The committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council an annual report on its activities.

Part V Article-46 Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitution of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt within the present Covenant. Article-47 Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. Part VI

472

(473) Article-48 1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the statue of the international Court of justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant. 2. The present Covenant is subject to ratification, Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. The present covenant shall be open to accession by any State referred to paragraph 1 of this article. 4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession. Article-49 1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession. 2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force, three months after the date of the deposit of its own instrument of ratification or instrument of accession. Article-50 The revisions of the present Covenant shall extend to all parts of States without any limitations or exceptions. Article-51 1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether

473

(474) they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one-third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval 2. Amendments shall come into force when they been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted, Article-52 Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of the same article of the following particulars: (a) Signatures, ratifications and accessions under article-48; (b) The date of the entry into force of the present covenant under article 49 and the date of the entry into force of any amendments under article 51. Article 53 1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article-48. _______

474