Shipping to Pakistan: Judges, lawyers and other celebrities gather to celebrate the legacy of Pakistani human rights pioneer Asma Jahangir – JURIST

Law students and law graduates in Pakistan report for JURIST on events in that country that impact the legal system. Abu Bakar Khan is a final year law student at University Law College, University of Punjab. He archives this message from Lahore.

Lahore hosted the 5th Asma Jahangir Conference, titled ‘People’s Mandate: Safeguarding Civil Rights in South Asia’, on the weekend of April 27 and 28. The event attracted a diverse range of participants, including judges of the Supreme Court and High Courts, legal professionals, politicians, human rights activists, journalists and ambassadors from various countries. The conference covered a broad spectrum of topics ranging from justice, law and freedoms to fundamental rights, media freedom and gender equality. The discussions also delved into regional issues such as provincial dynamics, climate change and electoral issues. With participants from diverse spheres of life, the event provided a platform for discussions that reflected the voices of their respective communities.

Founded in 2018, shortly after the death of Pakistani human rights lawyer and social activist Asma Jahangir, the annual conference continues her legacy of courage and conviction. Asma earned the nickname “voice of the voiceless” through her relentless pursuit of justice and democratic ideals. She raised her voice loud and clear against the political, social, economic and legal shortcomings and abuse of power in Pakistan.

Her activism began at the age of eighteen, when she challenged her father’s unjust imprisonment under martial law in the landmark case “Miss Asma Jilani v. Government of Punjab.” Finally, in 1972, the Supreme Court concluded that Yahya Khan (r. 1969–1971) had unjustifiably usurped power and declared his martial law unlawful. In 1978, two years after graduating from Punjab University, she founded the very first female law firm in Pakistan, AGHS. In 1981, Asma Jahangir played a key role in founding the Women’s Action Forum, with the aim of advocating for women’s rights. She subsequently co-founded the Human Rights Commission of Pakistan (HRCP) in 1986, which she used as a powerful platform to highlight the plight of marginalized groups, including ethnic and religious minorities, women, children and political dissidents. At the same time, Jahangir, together with her colleagues at AGHS, transformed the organization into a pioneering legal aid center, providing crucial assistance to those affected by unjust laws and social injustice. This included cases involving unjust laws and social injustice, helping women accused of moral crimes, defending religious minorities, and assisting forced laborers.

In addition to her legal and advocacy work, Asma Jahangir has written two books: “The Hudood Ordinances: A Divine Sanction?” examining the harmful effects of General Zia’s implementation of Islamic criminal law on marginalized groups, and ‘Children of a Lesser God’, which sheds light on the plight of underage prisoners in Pakistani prisons. Asma served as United Nations Special Rapporteur from 1998 until her death and played a crucial role in addressing human rights issues on a global scale. In the mid-1980s, Asma Jahangir emerged as a prominent critic of the Islamist regime of General Zia-ul-Haq. This period marked significant opposition to Zia’s authoritarian rule, leading his hand-picked, unelected parliament, Majlis-e-Shoora, to pass a resolution condemning her for blasphemy and calling for her execution. The accusation was based on a statement Jahangir allegedly made at a meeting of the Women’s Action Forum (WAF). Despite General Zia setting up a committee to investigate the allegation, a WAF recording refuted Asma’s alleged comments.

In 1990, Asma Jahangir successfully represented Darshan Masih in a landmark case involving slave labor (Darshan Masih v. State, PLD 1990 SC 513). The court ruling established that forced laborers could seek legal redress through informal means, such as a telegram, and recognized the exploitative nature of the brick kiln system as forced labor. This crucial case laid the foundation for the enactment of the Bonded Labor Abolition Act 1992.

In 1995, Asma Jahangir courageously took up the defense of twelve-year-old Salamat Masih and Rehmat Masih, who had been sentenced to death by a sessions court for blasphemy. Despite threats and attacks over her advocacy, she appealed the convictions to the Lahore High Court. Asma was attacked for pursuing the case, but she was undeterred and secured the acquittal for both suspects. Tragically, Judge Arif Iqbal Bhatti, who presided over the case, was later murdered in his chambers at the Lahore High Court. The case was subsequently appealed to the Supreme Court, which granted bail to the accused. (Salamat Mansha Masih vs. State, PLD 2022 SC 751).

In 1996, 22-year-old Saima Waheed’s courageous decision to marry a man of her own choice sparked a legal battle that would resonate across Pakistan. Faced with rejection and threats to her life, she fled her home. Her father filed a habeas corpus petition in response, claiming that Saima’s marriage without the consent of her guardian (wali) was invalid under Islamic law. Asma Jahangir took up Saima’s case and embarked on a challenging legal journey that ultimately resulted in the Lahore High Court ruling in Saima’s favor, validating her marriage. Subsequently, the Supreme Court judgment in the case of Hafiz Abdul Waheed vs. Asma Jehangir (PLD 2004 SC 219) established that any woman over the age of 18 can marry without the need for permission from a guardian. This marks a milestone in the protection of women’s rights for years. come.

In 1999, Asma Jahangir took up the case of Saima Sarwar, a woman who sought shelter at Dastak (a shelter for home-schooled women founded by Asma) after leaving her husband and filing for divorce. Tragically, Sarwar was subsequently murdered in an act of honor killing at Jahangir’s offices, underscoring the enormous risks involved in handling these types of cases in Pakistan. Moreover, Jahangir challenged the arbitrary arrests and searches of vagabonds by the Punjab Police under the outdated Punjab Vagrancy Ordinance, 1958. She argued that Pakistan, as a welfare state, has failed to fulfill its obligations in providing education, healthcare and employment to its citizens, making the harsh restrictions imposed on the poor and needy unjustified. While rejecting her plea, the Lahore High Court directed the government to distinguish between professional beggars and beggars forced by necessity and guide the application of detention on an individual basis.

In addition, Jahangir successfully intervened in a child custody case, securing custody of a male minor for his mother in accordance with Muslim law, after the father had unlawfully deprived the mother of custody for years. In October 2010, amid escalating pressure on lawyers, she made history as the first female president of the Supreme Court Bar Association. Throughout her career, Asma remained vigilant in her investigation of Pakistan’s political landscape, steadfast in her pursuit of systemic reforms to protect human rights. In her final speech, just two days before her death, Jahangir spoke passionately to young Pashtuns gathered in Islamabad, speaking about their agitation against extrajudicial killings and enforced disappearances.

The Asma Jahangir Conference in Lahore honors her enduring legacy of courage, advocacy and unwavering commitment to justice. From her revolutionary legal successes to her courageous defense of the underprivileged, Asma Jahangir’s legacy lives on and motivates future generations to fight for civil rights and democratic principles across South Asia and beyond.

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