In ancient times, says Chief Justice Bandial, the right to life would have been fulfilled by roti, kapra aur makan
Now it needs education and health
The remarks come in a month when the country is celebrating the memory of its most outstanding rights activist, Asma Jahangir
It wasn’t exactly the ancient times, but the 1960s, when the people rose to make these demands
Her father was among the leaders of this movement
A young Sabihuddin Ahmed from the same family was also seen protesting on the roads
Little did he know that in time he would be part of the judiciary extending the right to life beyond the security of life
Living a fulfilled life needs a basic income
Income in the dictatorial 1960s was, however, badly distributed between individuals and across provinces
My student, Talat Anwar, studied the income distribution of the period
In 1963-64, the share of the bottom 20% of the population was 7
28% compared to 44
42% of the top 20%, or six times more
GDP growth in that year was 6
5%
In the following two years, GDP growth rose sharply to 9
4 and 7
6%
This high growth concentrated in a few hands, the so-called 22 families
In urban areas, where the anti-Ayub movement spread rapidly, the poorest 20% experienced a decline in their share of income from 7
42% to 6
84%
Against this, the richest 20% enjoyed a jump from 44
92% to 48
11%
Even the middle 60% suffered a decline in their share from 47
67 45
05
High growth without a social contract could not be sustained
The philosophy that the road to ultimate equality lies through initial inequality had failed
The return of democracy raised the hope of evolving a democratic consensus on the socioeconomic way forward
In keeping with the spirit of the time, the 1973 Constitution promised “the elimination of all forms of exploitation” and “the gradual fulfilment of the fundamental principle, from each according to his ability to each according to his work”
Fundamental Rights and Principles of Policy were spelled out in a separate part
Economic rights were not declared fundamental, but made part of the Principles of Policy
Article 38 would, among others, secure well-being “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”
It would also “reduce disparity in the income and earnings of individuals”
The implementation of Principles, unlike Fundamental Rights, was made subject to the availability of resources
Ever since, governments after governments have contributed more to the fiscal and current account deficits than the implementation of the social contract
More recently, they have been shirking the responsibility of reporting to the Parliament, perhaps a tacit admission of poor progress
In these circumstances, courts have begun to interpret the justiciable fundamental Right to Life in the context of nonjusticiable and subject-to-resources Principles of Policy
But the Article 25A declaring Right to Education as a Fundamental Right through the 18th Amendment has not forced the governments of the provinces to devote the required funds
Five decades on, friend Hafiz Pasha tells us that the richest one per cent of population claim 9 per cent of the income, while the wretched of the earth, the poorest one per cent, just 0
15 per cent
The social contract needs a fresh look
The courts can provide relief to individuals, not the society as a whole
The writer delivered the 3rd Asma Jahangir Memorial Lecture in Islamabad February 15, 2023
Published in The Express Tribune, February 17th, 2023
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| Date: | 18-Feb-2023 | Reference: | View Original Link |
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