Custodial torture
DESPITE the passage of a law against custodial torture last year, allegations of the grisly practice still being followed continue to surface. The latest case is that of former foreign minister Shah Mahmood Qureshi, who told a court that he was “tortured physically and mentally” while in police custody under public order laws. Fellow PTI members — including Azam Swati and Shahbaz Gill — have in the past alleged similar treatment in custody. Regardless of the veracity of Mr Qureshi’s claims, the situation calls to attention a practice that is not only morally reprehensible but also legally proscribed under Pakistan’s Torture and Custodial Death (Prevention and Punishment) Act, 2022. However, there are shortcomings that must be addressed. For one, this law, while comprehensive in defining physical torture, omits the critical aspect of mental torture. Moreover, its failure to stipulate stand-alone punishment for torture, its reliance on the provisions of the Pakistan Penal Code — which inadequately addresses the severity of torture — and the lack of a mechanism for recompense for victims, point to a significant gap between legislative intent and practical enforcement. The involvement of the FIA and National Commission for Human Rights in investigations is a positive step, but without adequate resources and empowerment, these bodies cannot function effectively.
So what can be done to counter this? A consensus is needed among the government, judiciary, and security forces to oppose torture and related practices. Other steps include amending the law to address all forms of torture, ensuring rigorous training and sensitisation of all stakeholders, establishing clear mechanisms for accountability and compensation, and empowering independent investigative bodies. Pakistan, as party to the UN Convention Against Torture, is internationally bound to uphold the highest standards of human rights and dignity. The continued reports of custodial torture are a stain on our commitment to these principles. The dignity of every citizen, irrespective of political affiliation, must be safeguarded.
Published in Dawn, December 29th, 2023
Kashmir killings
WHILE India continues to push the fiction that it has brought normality to held Kashmir through the constitutional subterfuge of August 2019, periodic acts of violence perpetrated by its security forces in the disputed region point to a much darker reality. Over the past few days, the custodial killings of three Kashmiri men, apparently by the Indian military, have highlighted the state-sponsored violence that Kashmiris are being subjected to, while Indian officials have sought to ‘pacify’ the region in the aftermath of these crimes. The killings occurred after Indian troops were ambushed by fighters, resulting in the deaths of at least four security men. Following this episode, eight civilians were picked up for questioning in the Poonch region. A week ago, the families of three of these detained men received calls to collect their bodies. The families say their loved ones were tortured by Indian forces. A highly disturbing video circulating on social media appears to show Indian troops sprinkling chilli powder on the exposed body parts of detained men. The Indian military says it is investigating, while Defence Minister Rajnath Singh travelled to Indian-occupied Kashmir to ‘condole’ with the families of the victims, promising them ‘justice’.
Sadly, justice has eluded the people of Kashmir since partition; their wishes have been ignored, and India has sought to create new facts on the ground to cement its illegal occupation of what remains an internationally disputed region. The Indian supreme court’s recent validation of the BJP government’s dubious decision to annul the region’s limited autonomy has further emboldened those in New Delhi who wish to subjugate Kashmir like a conquered territory. International human rights bodies have frequently been pointing to the use of torture and violence by Indian forces in the region. Unfortunately, the Indian state uses ‘counterterrorism’ as a convenient alibi to deny the Kashmiri people their rights, and inflict odious violence upon them. How many more Kashmiris will have to be tortured and killed for the international community to realise that India must be held to account for its cruel policies in the held territory? Instead of taking the path of dialogue and engaging Pakistan and the Kashmiris to arrive at a peaceful solution, India insists on flexing its muscles, and crushing the Kashmiri struggle through the use of gratuitous violence.
Published in Dawn, December 29th, 2023
Not only economics
PAKISTAN confronts an existential crisis far more critical than its economic troubles. The threat stems from what World Bank country director Najy Benhassine has described as the “persistently low quality of basic services for human development”, which is both the cause and effect of the economy’s frequent boost-and-bust cycles.
The decline in human development indicators is reflected in the stunted growth of 40pc of our under-five population. Nearly 7pc of our children do not even make it to their fifth birthday. A majority of citizens have little access to clean water, waste and sanitation services, basic healthcare or proper nutrition and education — both in remote regions and major cities.
An average Pakistani receives only eight years of schooling. We have the highest infant mortality rate in South Asia and the lowest life expectancy. With six beds per 10,000 people and one doctor for every 1,300 individuals, we face a severe health crisis.
Pakistan is ranked in the ‘low human development category’ at 161 out of 192 countries listed on the Human Development Index for 2021-2022 due to its poor education, health and income indicators. India currently ranks 132 on the HDI. Bangladesh is doing even better with a ranking of 129, while Sri Lanka is placed at 73rd position.
As the years go by, Pakistan’s human development indicators continue to worsen and its position on the index keeps slipping. This is evidence for Mr Benhassine that Pakistan’s current economic model is not working. He recently wrote in a UNDP publication that Pakistan had “fallen behind its peers, significant progress with poverty reduction has now started to reverse, and the benefits of growth have accrued to a narrow elite”.
He indicated the country could emerge from its crisis, like Indonesia, Thailand, India, Vietnam and others, “through deep and sustained policy shifts in key areas”, boosting growth and improving living standards.
He also listed the required reforms ranging from improving basic services to closing the human development gap, strengthening fiscal management, securing the economic and business environment and reforming agriculture and energy.
However, the real question is “whether those with power and influence will take the opportunity arising from the current crisis to do what is needed”. The World Bank executive has rightly pointed out that there is a broad consensus that action is needed to change policies which have plagued development, benefited only a few, and led to highly volatile and low growth.
The problem is that the elites are not a part of this consensus; and it is not likely that they ever will be. No policy shift is possible without breaking the institutionalised hold of these elites on Pakistan’s power structure. And in the current political milieu, that will not happen anytime soon.
Published in Dawn, December 29th, 2023