Fundamental Rights under Constitution of Pakistan

Protection of Rights of Labourers under Constitution of Pakistan

Rights under Constitution of Pakistan

Constitution of Pakistan is the supreme law of the country and all laws passed are in line with the Constitution. Constitution has undergone various amendments. So far twenty-five amendments have been taken place.

Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights available to all citizens of Islamic Republic of Pakistan. Article 4 describes that right of individual shall be dealt in accordance with law.

Articles applicable on employment affairs are as under: -

Article 3. Elimination of exploitation:

The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work.

Article 4. Right of individuals to be dealt with in accordance with law, etc.

1)   To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan

2)   In particular :-

a)    no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;

b)   no person shall be prevented from or be hindered in doing that which is not prohibited by law; and

c)    no person shall be compelled to do that which the law does not require him to do.

Article 9. Security of person:

No person shall be deprived of life or liberty save in accordance with law.

Article 10-A. Right to fair trial:

For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process.

Article 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 incompatible with human dignity

Article 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 sovereignty or integrity of Pakistan, public order or morality

2)   Every citizen, not being in the service of Pakistan, shall have the 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 soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

3)   Every political party shall account for the source of its funds in accordance with law

Article 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 profession or occupation, and to conduct any lawful trade or business

Provided that nothing in this Article shall prevent:-

1)   the regulation of any trade or profession by a licensing system; or

2)   the regulation of trade, commerce or industry in the interest of free competition therein; or

3)   the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons. 

Article 25. Equality of citizens:

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

3)   Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

Article 37(e) 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;

(h)  prevent the consumption of alcoholic liquor otherwise than for medicinal and, in the case of non-Muslims, religious purposes; and

(i)    decentralise the Government administration so as to facilitate expeditious disposal of its business to meet the convenience and requirements of the public.