The Importance of Constitution: Situation in Pakistan

Introduction

In order to talk about the effects of constitution in our daily life, the importance of constitution essay examines, firstly what does basically mean by constitution. After knowing what is constitution, the paper will further discuss about does constitution really affect our daily life. If yes then how. Furthermore what is the importance of constitution. Thereafter, it analyzes the article 34 of the constitution to highlight affects of constitution on our daily lives. Finally, the paper briefly discuss how the constitution safeguards and promotes the women’s rights and conclude it with examining the gap between commitments and implementations of the constitution.

The current constitution of Pakistan was enacted in 1973, that established a centralized federal system, contains 280 articles and 7 schedules. Constitution is based on preamble, principles of policy and fundamental rights. It defines the responsibilities of state i.e what state is required to do in order to uphold the constitutional principles that are democracy, freedom, equality, tolerance and Social justice. so that wrong must not be happen with any individual. Along with it, it provides the fundamental rights and it’s limitations to avoid any kind of unjust or tyranny. It plays the important part in our daily life since it governs the state that affects our lives on daily basis.

Does it affect our daily lives? Yes it does. It affects the lives of minorities by providing them freedom to develop their culture and live according to their religion. It affects by making sure the social justice and economic well being of the people. It affects by ensuring the protection of fundamental rights of individuals. It affects the lives of judiciary by providing them complete independence. It affects every citizen’s life by securing their liberties. It is a rule book that provides the sets of ideals for a society i.e what it should do or what not. On the daily basis from home to our work place or if we go anywhere else we follow the certain rules and laws, the laws that defines our limits, we are living our lives according to laws that constitution has made for us. It affects our lives by giving us right to select our rulers. It does affect by strengthening us through giving us security individually. It affects the government by limiting their political power and protecting their political rights even so how the government exercise their political power. It affects in a sense by imposing some restrictions and limitations on us and making us obligated to it.

Now, if we want to look at the importance of constitution, let must see what will occur if there’s no constitution, so we may better understand it’s significance. ‘If there would no constitution there would be complete anarchy’.

Constitution basically organize our lives. It sets the limitations on us along with letting us know what things are crime and what are the things we are allowed to do. In the absence of constitution, there will be no rule of law, there will no protection of minorities, there will no fundamental rights, a man won’t be able to argue any unjust by saying it is my constitutional right, there will be no check and balance on higher authorities, there will be no restrictions on government, government will get a room to do whatever thing it wants without considering it’s people, and provinces won’t be able to get their provincial status and much more. Briefly, the whole system of Pakistan is guided by constitution. The continuing importance of constitution can be seen in the aspect that laws to govern our daily lives has to meet the standards of the constitution.

Article 34: ‘Steps shall be taken to ensure full paricipation of women in all spheres of national life.’. In my views, protection is one thing whilst promotion is another. As important the protection of women’s rights are, promoting them is mandatory as well. It is the state’s responsibility to protect their rights along with take massive steps in order to promote them as well. If we look at our constitution, we’ll get to know that how state is required to promote women.

Woman Situation Before the 1973 Constitution 

So, before the constitution of 1973, from 1947 until 1971, there was no separate chapter on women. Women weren’t well thought-out to be discussed specifically. Then, in 1971, that was the era of the bhutto, in that time period liberal attitudes towards the women begin to take place. When 1973 constitution was adopted by the government, then the rights of the women were highlighted. Equal rights for them were ensured as well. Government services were opened to them so that they may also be able to come to the fore and work shoulder by shoulder with men. Seats reserved for them, 10% in NA and 5% in PA, just to make sure the gender balance in Parliament, that was certainly a progress in that time.

Women's Status In Present Time 

Furthermore, let’s discuss the status of women in current society, so we may be able to be aware of value of article 34. Let’s see the current status of women by drawing our attention towards the ideology of Pakistan and comparing it with reality.

Ideology

“No nation can rise to the height of glory unless their women are side by side with them... It is a crime against humanity that our women are shutup with in the four walls of the houses as prisoners. There’s no sanction anywhere for the deplorable condition in which our women have to live...” -Muhammad Ali Jinnah.

Reality

“Pakistan was made only for the powerful and for the men. It was not made for weak and poor women like me. What are we worth and what is our status here? Nothing at all...” Basheeran Bibi (one of female victims of violence in Pakistan).

“We are in need to acknowledge that without women, there can be no state and above all of this no development”. Since, we live in a society where it has been portrayed that women don’t belong in leadership, they can study but they shouldn’t lead a seminar, a society which is unaware of need of women on political table, a male dominant society, a society where men can enjoy his rights but women have to fight for their rights, a society where fighting for women rights has become synonymous with man hating, so in that kind of society, constitution interferes and upholds the theory of the political, economic, and social equality of the sexes, And let the whole society know that ‘the safety of a women is a right not a priviledge’.

Not just being a feminist, other than if we look at our society in general, we’ll come to know how stereotype this society is, how difficulties women have to face on daily basis, how women have need of legal protection in this society, how government is required to positively guard them because of the current conditions. Women are not aware of their rights, the essential reason behind this is education that isn’t provided to them.

Moving on to the local culture, so the middle class culture and traditions are no different from any other, full with patriarchal values, that prominent the huge gender gap between the sexes in many aspects. This society is engrossed in negative social biases and cultural practices. A society where the social values of gender are predetermined, on the level that women are being told to which education field she belongs or not. Pakistan being the class example, where such trends and culture and traditions lead to a society that accord derogatory position to women in practice.

Importance of Article 34:

Let’s discuss the importance of interference Article 34 of the constitution of Pakistan in our lives. How does article 34 affects our daily life. The very first thing is that, in order to change the perspectives of this society, structural changes are required. If we want to revolutionize the position of women, if we want to stop the societal views regarding the inferiority of women, we are in need of change. And our constitution is helping to formulate this change by providing the opportunities to women in many aspects; by giving them power so they can voice their concerns, by giving them state’s support so they become capable to promote their perspectives on governance’ by providing them support to work in male dominated society, along with this, it gives women the power to be able to make decisions that have effects on their own life.

Constitution just not empowered the women, however along with this all, it changes the social attitudes towards them and enhancing their status. How? It is a human nature to respect the powerful, and be dominant on the weak. So it is required to deal with humans according to their nature. It is required to make women powerful by providing them special opportunities.

Conclusion 

Why do women in politics matter and why they should be supported in all national spheres? We, as the democratic state, have to reflect on the importance of women on political table and the first and foremost elements of democracy; i.e: equality and human rights, that are the corner stone of democratic state. And to ensure that democracy functions as effectively as possible, we are in need to witness our women in political rooms. Through this, it is possible to build and sustain the democracies. Representation of women in Parliament is compulsory to empower and encourage other women and it has enormous impact on the policies that regulates the women’s life. We have seen the first executive head of an Islamic Country; Benazir Bhutto, along with it many others names we have like Fehmida Mirza, Sherry Rehman, Hina Rabbani Khar, these all women have immense impact on women’s life when it comes to the encouragement. We can’t expect from the ones to recognize the issues or problems faced by women or what kind of policies should be made for those issues, as long as they (the policy makers) do not belong to the same gender since they can not relate the issues more effectually and until or unless you can’t relate women’s issues, how would you make solutions for them.

Constitution has support the women so that they can come and bring a wide array of issues on the table for consideration regarding the lives of each and every woman, and purpose determinating solutions accordingly. Since, article 34 upholds the democracy by ensuring the participation of women in all spheres, in a turn, eliminating the discriminatory laws against women, however there is still a wide gap between the commitment and implementation. We can see the representation of women in formal political bodies is still negligible and due to social and political reasons they have also been suffered in the hands of violent perpetrators. Since the constitution has given women the power to participate in all national spheres; nevertheless, these structural and cultural norms are still barriers in their roads. Although the constitution has legally supports women in this male dominated society, still there is alot to desire regarding their implementation. There are various social handicaps that restricts women to take participation in political arena. And these miserable societal norms get in the result of exclusion of women from political spheres.

Concluding this, by highlighting the disheartening situation of the country that came into existence in the name of Islam, still the islamic and quranic principles are being twisted and avoided specifically when it comes to women. Under such situations, where women’s rights are grossly violated, women need the state’s support to make awareness and become the change.

10 October 2022
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