Gender outlook in Pakistani and Indian society

The world has been changing for many years, and society has experienced a lot of transformation. However, there are still some societies that have not changed much, especially in terms of how they treat their people. One such community is Pakistan, which was once known for being patriarchal as most men were respected more than women. However, with time, things have changed, and there are now more women than ever before on top of all other roles. This study will therefore focus on looking at gender outlook in Pakistani society that show real gender based issues and women’s empowerment in Pakistan. It will also try to discuss and understand women’s role in society today, in terms of their social, economic, political, cultural, religious, and educational experiences.

Gender outlook in Pakistan

In Pakistan, gender-based issues such as discrimination and inequality continue to affect the lives of many citizens. According to Khan (2016), there are two types of discrimination; one is indirect and the other is direct. Indirect discrimination focuses on how people perceive others, whereas direct discrimination refers to situations where individuals feel ignored or discriminated against because of their gender. For instance, according to Khan (2016), “Women who perform work in fields dominated by men are often forced to live under the poverty line or even suffer abuse from fellow workers. Women who engage in public service often experience sexual harassment or victimization” (p. 9). Even though women make up over 50 percent of the population, they face numerous challenges due to unequal opportunities. Discrimination is also evident in education, which is a field that should be accessible to everyone regardless of their gender. Despite the fact that there are several laws that prohibit gender-related discrimination in almost every sector in Pakistan, there are still cases of gender-based violence.

Women’s rights are another important issue in Pakistan. However, this problem has persisted for quite a few decades now. According to Hossain (2017), women in Pakistan do experience discrimination, but there are certain laws to protect them. As mentioned earlier, a law like the Protection of Children from Sexual Offences Act of 2015 aims at protecting children and preventing cases of child abuse. Another law that protects children from sexual exploitation is the Child Rights Protection Bill introduced in 2018. Moreover, the government of Pakistan recently passed the Marriage Amendment Act, meaning that the legal age of marriage in Pakistan is 18 years. There are however various restrictions that must be followed when it comes to marriage, including polygamy and other forms of marriages that lead to polygamy. These laws are meant to protect young girls who may fall prey to sex predators. Therefore, if a girl decides to get married at an early age, she may be subjected to sexual exploitation. On the other hand, there are no specific restrictions in case a woman chooses to go back to school after getting married.

However, these laws are not enough to prevent sexual exploitation since women are faced with multiple problems in the process. For example, there are instances when a husband finds out that his partner has had an affair, thus leading to him raping her sexually. There are also cases where a woman ends up suffering physical and mental torture. For instance, when she loses her husband or gets raped, she may end up feeling depressed or anxious. To avoid such cases, both parents and guardians should be informed about all sexual matters involving their children. Additionally, there are cases where some female students choose to take part in extramarital relationships, thus becoming victims of sexual exploitation by their male counterparts.

Moreover, there are cases where women are forced to use alcohol to cover up their emotions. Many of them resort to this habit due to peer pressure or fear of rejection from other friends. A lot of people also believe that women are supposed to be submissive and supportive in order to be taken seriously. Such beliefs can have negative effects on their personalities, leading to depression or anxiety.

Women’s empowerment

One of the strategies that the government of Pakistan has put forward in order to empower women is through educating them and making them realize their importance in society. According to Khursheed (2017), “Pakistanis are taught the value of independence, self-assertion, personal achievement, and individualism at a very tender age” (p. 1). Most women pursue courses in science, technology, engineering, medicine, engineering, or mathematics (STEM) that aim at nurturing their talents and encouraging them to become creative thinkers. They are then encouraged to think outside the box and come up with new solutions to the existing problems. Furthermore, there are various programs that help women find employment. Those who have been hired are promised to provide equal pay to their male colleagues and have a chance to advance their careers. Other initiatives include job training programs, as well as career-oriented learning and development.

Another strategy that the government of Pakistan has implemented in order to empower women is through empowering them economically. According to Khan (2016), “Women in Pakistan are involved in different sectors in the economy, whether it is manufacturing, agriculture, finance, tourism, mining, or construction” (p. 15). Although there is a variety of jobs available for them, they are mostly considered low-paid and require specialized skills that are not easy to acquire. Therefore, the government offers loans or scholarships to encourage women to pursue higher studies in order to obtain these particular skills. Apart from that, they are also offered a chance to participate in trade unions that enable their participation in international events.

Moreover, there are also efforts aimed at improving their quality of life. For example, the Department of Human Settlement and Social Development supports families that are facing financial difficulties. Some organizations have developed projects that allow those living in poverty to improve their livelihood. These projects help them earn income and contribute to the economy. Apart from that, there are also government schemes that aim at providing assistance to widows and their children. Overall, the government of Pakistan encourages its citizens through policies, initiatives, and programs that seek to ensure that they have better lives.

Gender roles in our society are changing, with gender roles becoming more diverse by the day. This has been caused by various factors, such as economic changes and changes in the family structure of individuals. Women have become more empowered in India since the country’s independence in 1947, and this is evident from their contribution to economic growth. For females, it is important for them to be treated equally and not discriminated against based on their gender. However, men have remained underrepresented in many sectors of Indian life and have received less recognition than women (Tharoor). The situation has led to inequalities between the sexes, as women are still struggling to get equal rights on top of the social barriers and stereotypes that they face. As a result, there is an unbalanced distribution of power in society, especially on issues related to politics, economics, education, health, and other areas. Thus, gender roles in our society are gradually shifting towards a more egalitarian one due to the influence of globalization and technological advancement. With the rise of feminism in India, the concept of “gender equity” has gained popularity and has led to numerous debates about women’s position in the workplace, political participation, cultural norms, the role of women outside the home, or personal choices (Tharoor). A few decades ago, many people were not aware of the inequality existing between men and women. However, with increased awareness and acceptance of gender equality, there is now a significant gender gap that needs immediate attention. Therefore, this paper aims to discuss how gender inequality exists in Indian society and propose a solution to address gender inequality.

Gender Differences in Education

Gender differences in education are pervasive in most societies around the world. According to Tharoor, the gender gap in education is particularly pronounced in India, where women lag behind men when it comes to higher education. It is estimated that only 18% of males have attained post-secondary education compared to 35% of females (Tharoor). Moreover, female students are more likely to drop out of school early or fail their courses because of financial difficulties and lack of access to quality resources (Tharoor). Therefore, education can help address inequalities that exist between genders. Tharoor suggests that the government should focus on improving access to education for girls by creating public policies that provide equal opportunities for both female and male students (Tharoor). Such measures may include providing grants or loans to ensure that families receive adequate funds to finance their children’s education. By providing adequate support and resources, parents can afford to send their daughters to school. Through this approach, it is possible to reduce the rate at which girl students drop out of school or go through other adverse educational experiences, thus ensuring equal access to education for all genders.

Gender Differences in Politics and Governance

Gender inequality is also present in several aspects of Indian politics and governance. For example, in 2015, the Supreme Court declared Section 377A of IPC as unconstitutional as it violated fundamental human rights (Tharoor). Based on this ruling, India’s Congress government introduced a new law known as the Protection of Children from Sexual Offences Act (PCSOA) to protect children from sexual abuse (Tharoor). Despite being passed by Parliament, the PCSOA was later challenged in courts, with some concluding that it had no legal basis. These rulings indicated that even though the legislation protects children from sexual abuse, its implementation could make it easier for perpetrators to continue committing crimes. Therefore, policymakers must take action to address the issue of gendered discrimination, as the current state of affairs shows significant gaps in the functioning of Indian governments.

Gender Differences in Health

India has experienced tremendous improvements in healthcare over the past century, thanks to the efforts of women. According to Tharoor, although the country recorded remarkable progress in medical services, India’s government has failed to adequately fund and improve healthcare institutions (Tharoor). For instance, according to data from the National Family Health Survey (NFHS-5), maternal deaths have decreased significantly over the last decade. However, despite these achievements, India continues to experience disparities in access to quality healthcare services, with approximately 30% of Indians living below the poverty line (Tharoor). The government has attempted to overcome this disparity by supporting initiatives aimed at improving public health outcomes. An example of this initiative is the Pradhan Mantri Gareeb Kalyan Yojana (PMGYK) that provides free medical insurance for low-income households. Another example is the Swachh Bharat Mission, which involves the construction of 100 million toilets in rural areas (Tharoor). These programs show that India is making substantial progress in addressing the issue of gender inequality in healthcare, but more work is required.

Gender Differences in Social Institutions

Gender segregation plays an essential role in shaping the lives of young Indians who live in different communities. Tharoor notes that the traditional patriarchal system in Indian society has resulted in the emergence of multiple conflicts and disputes between different groups (Tharoor). One particular group that has suffered disproportionately from this kind of discrimination is the Scheduled Caste community, which consists of Dalits, Adivasis, and Muslims. The division between these two groups leads to the marginalization of Dalit males, leading to increased levels of violence and mistreatment (Tharoor). Consequently, this causes negative effects on their mental health and overall well-being.

Gender Differentiation and Discrimination

Gender differentiation and discrimination is a key factor that contributes to the existence of gender inequality in India. Tharoor argues that the ongoing conflict between Dalits and Muslims has created tensions among the members of these two religious communities (Tharoor). Additionally, the presence of caste systems in Indian society further exacerbates the problem by placing Dalit men at risk of discrimination and ostracism. For instance, according to Tharoor, during the partition of Pakistan, Muslim men were forced to choose between staying with their wives in Muslim homes or moving to Hindu ones (Tharoor). This example shows that the division between Dalits and Muslims in India has caused tension and fear, leading to heightened rates of discrimination and hate against Dalit males.

Recommendations for Addressing Gender Risks in Indian Society

Despite the fact that gender inequality is a global issue, we will need to work together to create a better future for those who suffer from it. To begin with, the Indian government must implement strategies that promote fair treatment for all genders and eliminate any form of discrimination. This includes implementing laws that prohibit any form of discrimination based on gender (Tharoor). Furthermore, it should consider ways on how to allocate resources and finances to ensure that every member of society receives quality care and supports from the government. When it comes to education, policymakers in India should prioritize providing accessible and affordable education programs for all groups.

The Indian government should also invest heavily in research activities aimed at exploring and documenting gender disparities in Indian society. This approach will allow policymakers to identify specific areas where equality is lacking and develop recommendations to address these issues. Lastly, it is crucial to acknowledge that cultural norms and attitudes towards gender roles are a major factor in determining the way we live our lives. If we want to change the situation, we must take into account the cultural traditions and beliefs of the Indian population. Understanding these perspectives will help us to come up with effective strategies that respect and accommodate everyone’s unique needs.

The recent trend of international engagement has helped to shed light on the plight of women from different parts of the world. While the United States has made significant progress in eliminating gender inequality, women in countries like India and China are facing struggles that are similar to those faced by Indian women today. For example, according to Tharoor, American lawmakers recently approved $10 billion in funding for gender justice projects across the nation (Tharoor). Although this development is commendable, there are still inequalities that remain in certain areas, including access to education, employment, and healthcare. Policymakers must consider solutions that address these problems and ensure that Indian women can achieve the same level of success and prosperity in the U.S.

Conclusion

Gender inequality has affected Indian society for a long time, with some communities being marginalized, and others having advantages. Some of these inequalities include the unequal representation of women in leadership positions, education, healthcare, politics, and more. With the rise of feminist movements and campaigns, we are witnessing an increasing number of women taking back their space at the top. There are several steps that policymakers can undertake to address the issue and ensure that it does not occur again. First, policy makers must ensure that all stakeholders, including politicians, policymakers, and civil society organizations, are involved in promoting gender equality. Secondly, policymakers should strive to eliminate discrimination or bias that is based on gender. Thirdly, they should provide equal rights to all genders, including in education, politics, and more. Fourthly, they should invest in research activities to study the issue thoroughly and examine what works to address gender gaps. Finally, they should advocate for women’s empowerment so that they can be able to participate in decision-making processes and engage in social media platforms.

References

Hussain, S. (2017). The Effect of Education Policy on Gender Equality in Pakistan. International Journal of Educational Research and Development, 7(1), 5-17. Web.

Khan, M.A. (2016). Sociological Imagination and Personal Identity in Pakistan. Studies in Contemporary Africa, 6(2), 7-17. Web.

Tharoor, Amruta S. "Gender Gap in Education." Thought Leadership: Exploring Ideas and Behaviors That Matter Most, edited by Sarah B. Prentice Hall & Sonia Naidu, 2019, pp. 1-5.

High hopes

Chief Justice Qazi Faez Isa made a lasting impression on his first day in office by requiring the live broadcast of all court hearings relevant to petitions that contest the Supreme Court (Practice and Procedure)

Act of 2023. This pivotal action in Pakistan's judicial history has the ability to fundamentally alter the organization.

The introduction of live streaming has clearly increased the general public's access to court hearings, but it also has the ability to influence public perceptions of the higher courts. Now that the case is being litigated live on television, it is possible to see the differences in the judges' perspectives on important constitutional issues. This has given the general people a unique and engrossing opportunity to observe these legal proceedings in real-time.

It is still unclear to what extent live broadcasts improve the accountability of the judicial system. However, the simple fact that there are cameras in the courtroom and judges are aware they are being watched by the public makes them more accountable and open to criticism.

It's important to note that Pakistan is not the first country to webcast supreme court hearings live; other others, notably India, regularly do so when discussing important constitutional issues. Videos of judicial hearings have even been posted online in some countries. This new approach has lifted the veil of secrecy that had hitherto surrounding apex court hearings in Pakistan.

Rebuilding public confidence in the judiciary's top echelons will be a big challenge for the newly appointed chief justice. Due to the alleged engagement in political bias and judicial populism, this confidence has been severely damaged. Judges and legal professionals are divided as a result of the top court's increasing involvement in the nation's turbulent power struggle.

The supreme court's unwarranted engagement in political issues, which should ideally be handled by the legislature, has substantially impacted its contentious reputation and strengthened the general opinion that it is politically biased. The court's internal conflict grew worse as judges openly engaged in heated arguments. The court faced a difficult situation because it was basically split in half.

The division inside the court grew worse when several justices questioned the former chief justice's authority and demanded an end to what they saw as a "one-man show." The rift within the institution widened as a result of the arguments' public escalation.

The essential task of restoring the supreme court's integrity and ending the divisiveness that has afflicted it falls to the incoming chief justice as he takes office. This procedure is crucial for restoring public confidence in the institution and guaranteeing its efficiency in preserving the rule of law and justice.

It therefore came as no surprise that Chief Justice Isa decided to handle the Supreme Court (Practice and Procedure) Act problem on his very first day in office, a substantial source of discontent that had led to divisions among the top judiciary. Even before it was put into effect, an eight-member bench had already halted this Act, which limits the chief justice's power.

The Supreme Court of Pakistan's aggressive endeavor to undermine the parliament's undeniable constitutional authority to legislate was described as this preventive step in a National Assembly resolution. Institutional conflicts were aggravated by this. The internal tensions within the court itself were also exacerbated by the bench makeup that was handling the petition. Concerns about the concentration of power in the office of the chief justice when it comes to taking suo motu notice and creating benches have been voiced for a long time by both legal professionals and judges themselves. While there may be disagreements about whether parliamentary legislation or the apex court should be used to amend these laws, the legislative power of parliament is still unquestioned.

Before proceeding with other constitutional cases, the senior-most puisne judge at the time—who is now the chief justice—had insisted on a full court hearing regarding the petition. He made it plain that until this issue was handled, he would not take part in any benches. It is believed that his decision to call a full court hearing on a crucial issue involving the chief justice's authority demonstrates his conviction that the nation's top court must become more democratic.

The court is clearly split between two factions as the hearings on these petitions continue: the constitutionalists, led by Justice Isa, and those who want to maintain the chief justice's authority. Despite the discrepancies in these viewpoints, the ultimate verdict made will open the door for altering the apex court's workings.

The new chief justice is under pressure to take action on the subject of political detainees being tried in military courts because he is a well-known champion of the supremacy of the Constitution and a fervent supporter of human rights. up 100 PTI (Pakistan Tehreek-e-Insaf) supporters have reportedly been handed up to military authorities for prosecution under the Army Act, according to media sources. In addition, it has been reported that thousands of more political activists, including women, are being detained under anti-terrorism laws without being officially charged.

Civilians being tried in military courts is a practice that Chief Justice Isa has vehemently opposed in the past. The contentious changes introduced to the Army Act have given intelligence and law enforcement organizations broad authority, enabling them to hold people without official charges. This law is already being used against political inmates, despite the fact that the president's approval to its passage is still up for debate.

Likewise, legislators are now being charged under the revised Official Secrets Act, which has generated its fair share of controversy. It is quite upsetting to see the former foreign minister Shah Mahmood Qureshi being led into court while being handcuffed. Under this harsh law, even the former prime minister Imran Khan is being tried in secret for the so-called cipher issue. Applying the Official Secrets Act to a topic that has been widely discussed in public forums, particularly when it involves former public officials, is absurd.

Chief Justice Isa has a heavy burden to carry in protecting the nation against the spread of authoritarianism and the infringement of human rights as the custodian of the judicial system. There is a serious threat to the principles of democracy and the Constitution. It will be interesting to watch if this principled judge can live up to the high standards expected of him in these trying times.

Asadullah Sarmad

The Name Dilemma: Bharat or India?

The significance of a nation's name cannot be underestimated. It is more than just a collection of letters; it is a representation of identity, culture, and history. In the context of India, the debate over whether to officially change its name to Bharat has sparked discussions about national identity, unity, and the practicalities of such a transition. To understand this debate, we must delve into the historical and cultural roots of both names and examine the implications of such a change.

Unlike many ancient kings who sought to impose their traditions and gods on defeated tribes, Raja Sudas of the Bharata tribe took a different path. He collected knowledge from educated individuals across various tribes and created the Vedas, fostering a sense of unity through shared knowledge rather than forceful assimilation. This early example of inclusivity set the stage for the idea of Bharat as a diverse and pluralistic nation.

King Bharat, another historical figure, expanded his rule to encompass a vast territory that included modern-day Afghanistan, Pakistan, Bangladesh, Sri Lanka, Myanmar, and Iran. This vast expanse was collectively referred to as Bharatvarsa, symbolizing the idea of a united and integrated land.

Fast forward to the formation of the Indian constitution in 1949. Dr. Bhimrao Ambedkar, a visionary leader and the chief architect of the constitution, faced the important task of naming the newly independent nation. On September 17, 1949, Dr. Ambedkar presented the final version of Article 1 of the constitution, which contained both names, Bharat and India. This decision was not arbitrary; it was a conscious recognition of India's rich historical and cultural diversity.

Dr. Ambedkar emphasized the significance of this choice, recognizing that it would shape the country's identity for generations to come. The inclusion of both names in the constitution was intended to respect the nation's historical roots while acknowledging the modern world's use of the term India.

The Name as a Brand:

The name of a country is not just a label; it is a brand that influences various aspects of international relations, trade, tourism, and migration. A change from India to Bharat would have far-reaching implications, requiring updates to official documents, maps, navigation systems, and even private businesses and institutions. Such a transition would be complex and costly.

National Identity and Unity

The debate over renaming the country is not merely about semantics. It has sparked a broader discussion about national identity and unity. Supporters of the change argue that using Bharat promotes cultural preservation and a sense of heritage. Chanting "Bharat Mata ki Jai" carries a unique cultural significance that resonates with many. However, opponents contend that India is a globally recognized name that reflects the country's modern identity as a diverse and pluralistic democracy.

Conclusion

The question of whether to change the country's name from India to Bharat is a complex and multifaceted issue. It encompasses historical legacies, constitutional considerations, practical challenges, and discussions about national identity. Ultimately, any decision should strive to strike a balance between honoring the nation's rich history and embracing its modern, diverse identity. Whatever the outcome, it is clear that the name of a nation holds profound meaning, influencing perceptions and shaping its future.

Pakistan's present social and political climate

 Pakistan continues to deal with numerous domestic and external sources of strife. A limited conception of Pakistan's national identity has encouraged extremism and intolerance of diversity and dissent, endangering the possibilities for social cohesiveness and stability in the nation.   Because state institutions frequently fail to offer peaceful solutions to problems, some groups have turned to violence as a solution. Following the 2013 and 2018 elections, the nation saw peaceful political transitions. However, the nation continues to struggle with a shaky economy and widening domestic polarization as it gets ready for expected elections in 2023. The country's agriculture and health sectors have been put under strain, and the terrible flooding that swept through Pakistan in 2022 exposed the country's vulnerability to climate disasters as well as serious flaws in governance and economic stability.

Regional tensions between Pakistan and Taliban-ruled Afghanistan have increased due to a revival of terrorist groups along Pakistan's border with Afghanistan. Although the Line of Control in Kashmir was proclaimed to be in a state of truce in 2021, relations with India are still stale and susceptible to crises that endanger regional and global security. As a major state and close friend of Pakistan, China's presence and influence in the region has the power to both ease and worsen a number of internal and international issues.

Since the 1990s, the U.S. Institute of Peace has done research, provided analysis, and encouraged discourse in Pakistan. Since 2013, the organization has an office there. The Institute strives to improve social cohesiveness and counteract Pakistan's rising intolerance of diversity. Using media, the arts, technology, dialogues, and education, USIP supports regional organizations that create cutting-edge strategies for fostering peace and advancing narratives of inclusion.

USIP collaborates with government agencies in an effort to help them better respond to the demands of the public, which can help to lessen the need for violence to settle disputes. The Institute promotes efforts to develop inclusive democratic institutions and governance, advance increased access to justice, and enhance connections between police and communities. 

The public and Pakistani police have a strained relationship that is marked by mistrust and abuse, which has made effective policing difficult. Through training, capacity building, and social media engagement, USIP has partnered with national and provincial police departments to support improving police-community relations and policing in Pakistan.

In Pakistan, there are almost two-thirds of people under the age of 30. Higher education-educated youth have disproportionate influence in society. But Pakistan's compartmentalized educational structure forbids connections between various groups or campuses, which breeds intolerance and, in some cases, radicalism. In order to combat the growing intolerance of diversity on college campuses, USIP has teamed up with civil society organizations and government agencies to fund initiatives that create long-lasting frameworks for communication, critical thinking, and peace education.

USIP assists local cultural leaders, members of civil society, artists, and others in revitalizing customs and discourses that foster tolerance for difference, foster communication, and confront societal change. Additionally, USIP encourages the creation of media that presents opposing viewpoints to extremism and religious fundamentalism, such as theater, documentaries, and anthologies of short stories.

Pakistan's interreligious relations have deteriorated, and there have been some cases of violence or other types of exclusion. USIP supports local peacebuilders' initiatives to advance interfaith harmony, peaceful cohabitation, and the fair inclusion of minorities (of gender, ethnicity, and religion) in all facets of public life. These peacebuilders include religious scholars and leaders.

USIP promotes technical assistance to state institutions, initiatives to strengthen local governments, and aid to relevant civil society actors in their efforts to promote greater inclusion of excluded groups in order to enable democratic institutions become more responsive to citizens. This project's main focus has been gender, as it has been throughout all of USIP's Pakistani programming. Through research, advocacy, and capacity building, these programs enable women to participate in democratic and peacebuilding processes.

Asadullah Sarmad

The exchange of prisoners between Iran and the US suggests thawing relations.

 In a high-stakes detainee exchange that signalled a partial warming in the icy relations between the long-time enemies, the US and Iran freed 10 people on Monday.

After a brief stopover in the Persian Bay nation of Qatar, five American citizens detained in Iran will proceed to the US. In exchange, the U.S. government released five Iranian inmates and allowed the transfer of $6 billion in frozen Iranian oil funds that were being held by South Korea.

The deal, which has been wrangled for a while, is a huge step forward for the former adversaries who have been at odds over a number of problems, including Tehran's rapid expansion of its nuclear programme, its ongoing military assistance to Russia, and Iran's brutal crackdown on internal dissent.

"We have gotten affirmation that the five liberated Americans ... are wheels up in Tehran and on the way to Doha," the Qatari capital, said a senior Biden organization official.

The detainees' delivery comes as a significant help to their families and allies, large numbers of whom have hung tight quite a while for their return. It has likewise gone under brutal analysis from conservatives in Congress went against to any arrangement that includes the thawing of Iranian assets. However under the arrangement the cash might be utilized exclusively for the acquisition of helpful merchandise, conservatives contend that the organization ought to have arranged an arrangement with terms better to the US.

In the midst of the detainee bargain talks, the US and Iran likewise have been examining a potential casual game plan that would try to put a few limits on Iran's atomic program. U.S. authorities have demanded, nonetheless, that those talks are irrelevant to the detainee trade exchanges.

The U.S. detainees liberated by Iran incorporate Siamak Namazi, an Iranian American who had been in a correctional facility in Tehran for almost eight years, the longest span the Islamic republic has imprisoned any American. Others incorporate Morad Tahbaz, an Iranian American who likewise holds English citizenship, and Emad Shargi, an American Iranian double resident. Each was let out of Iran's famous Evin Jail and put detained at home last month, an underlying move toward the arrangement.

Two other American prisoners associated with the trade have not been openly recognized in line with their families.

"This is an earth shattering day for the Namazi family who have not been together — every one of them four — since mid 2015," Jared Genser, the Namazi family's legal counselor, said in a meeting. "We, in all honesty, never realized this day was really going to show up. The family has experienced an uncommon injury through this extremely, long and excruciating cycle. There are many difficulties that lie ahead."

According to U.S. government officials who spoke under the condition of anonymity to discuss the delicate agreement, the intricate pact required a carefully orchestrated procedure by both Tehran and Washington.

The United States released five Iranians as they departed Iranian airspace. They have not been publicly identified by U.S. authorities, who have described them as low-level, nonviolent criminals who don't threaten American national security.

Nasser Kanaani, a spokesperson for Iran's foreign ministry, said earlier on Monday that the agreement was moving along according to schedule.

According to Iranian state media, Kanaani told reporters, "two of the Iranian citizens released in America will return to [Iran], another person will travel to another country due to the presence of their family, and the other two people will remain in the United States."

A network of government and commercial banks is completing the transfer of funds to accounts that Iran will have access to under American supervision while this is going on.

Due to a waiver that the Trump administration provided in 2018 that allows South Korea, one of Iran's top oil clients, to hold the $6 billion, These money were converted from Korean won to euros during the past week in order to transfer them to Qatari accounts that can only be used for the purchase of non-sanctioned items like food and medicine. According to U.S. officials, they will keep an eye on the funds to make sure they aren't being used for bad things.

Only once the Treasury Department's Office of Foreign Assets Control produces a paperwork stating that the American detainees have arrived at their final destination, according to U.S. authorities, can Iran access the money.

The Biden administration's relationship with Tehran prior to the prisoner deal was characterised by a strong mistrust, partly due to the failure to resurrect a nuclear deal that Biden had sworn to.

According to officials with knowledge of the situation, the governments of Oman and Qatar were crucial in hosting the talks and helping to facilitate negotiations between the two sides on the release of the detainees. Iraq, the United Arab Emirates, and Switzerland all contributed.

The European allies of the United States, who largely support a revised agreement to restrict Tehran's nuclear programme, are hoping that advancements on the detainee issue will pave the door for more fruitful nuclear negotiations.

Following President Donald Trump's decision to withdraw the United States from the 2015 nuclear deal, Iran's nuclear programme has dramatically grown. In exchange for the lifting of sanctions, the Obama administration's negotiated agreement placed severe restrictions on Iran's programme.

A senior administration official responded, "We do not completely close the door to diplomacy, but we approach it with principled standards," when asked if the prisoner agreement may lead to fruitful discussions on the nuclear front.

"If we see the opportunity, we will explore it," the official declared.

Asadullah Sarmad

Judicialization Of Political Conflict Is A Threat To Institutional Harmony In Pakistan

Essay

(The Essay is not Complete: would be provided complete on demand)

The term "judicialization of political conflict" describes the growing involvement of the judiciary in resolving political disputes and conflicts between various factions and institutions of the state in Pakistan. This phenomenon has been evident in the country for several decades, particularly since the late 1990s, which saw a series of political crises culminating in the overthrow of civilian governments by the military. As the founder of Pakistan, Muhammad Ali Jinnah, emphasized the importance of a strong and independent judiciary in ensuring the stability and prosperity of the nation: "The independence of the judiciary is the sheet anchor of our liberties, and without it, our justice will be a mockery."

I. Introduction

A. Explanation of the concept of judicialization of political conflict

B. Brief overview of the political landscape in Pakistan

C. Thesis statement: The increasing role of the judiciary in resolving political conflicts is a threat to institutional harmony in Pakistan.

 

II. Historical context

A. Pakistan's history of political instability and military rule

B. Weak democratic institutions and non-institutional means of resolving political conflicts

C. Emergence of a powerful and independent judiciary

 

III. Role of the judiciary

A. Examples of judicial intervention in political matters

B. Challenges faced by the judiciary in resolving political conflicts

C. Impact of judicial decisions on institutional harmony

 

IV. Weakness of political institutions

A. Failure of political institutions to resolve conflicts on their own

B. Overreliance on the judiciary to intervene in political matters

C. Consequences of weak political institutions for institutional harmony

 

V. Policing and law enforcement

A. Partisanship and lack of public trust in law enforcement agencies

B. Role of law enforcement agencies in exacerbating political conflicts

C. Impact of law enforcement on institutional harmony

 

VI. Political polarization

A. Deep divisions and lack of compromise among political parties and institutions

B. Overreliance on the judiciary to resolve disputes

C. Impact of political polarization on institutional harmony

 

VII. Conclusion

A. Restate thesis

B. Summary of main points

C. Implications of judicialization of political conflict for institutional harmony in Pakistan

 

I.                   Introduction

 

Over the last few decades, the judiciary's growing involvement in resolving political conflicts has become a notable aspect of Pakistan's political environment. Termed as the "judicialization of political conflict," this development can be attributed to a history of political instability, feeble democratic institutions, and the inability of political factions to resolve disagreements through non-institutional methods. This has resulted in the judiciary emerging as a potent and autonomous institution with the authority to hold other branches of the government accountable. Nonetheless, this trend has raised apprehensions regarding its impact on institutional harmony in Pakistan. Hence, this essay posits that the judicialization of political conflict poses a danger to institutional harmony in Pakistan.

 

a)    Explanation of the concept of judicialization of political conflict

The concept of judicialization of political conflict refers to the heightened involvement of the judiciary in resolving political disputes and conflicts among different factions and state institutions. This phenomenon entails the judiciary's intervention in political matters that were once considered beyond its purview. Such interventions include, but are not limited to, interpreting the constitution, adjudicating the legitimacy of government actions, arbitrating electoral disputes, and even hearing cases involving accusations of misconduct and corruption against elected officials.

 

The judicialization of political conflict can be traced back to the inability of other branches of government to resolve disputes through non-institutional methods. Political factions often find themselves at an impasse, unable to reach a negotiated settlement, and thus resort to seeking the judiciary's intervention. Moreover, the weak democratic institutions, political polarization, and a lack of trust in law enforcement agencies have further bolstered the judiciary's increased role in political matters.

 

While the judicialization of political conflict may provide a means to resolve disputes, it raises some pressing challenges and concerns. The growing dependence on the judiciary to intervene in political affairs risks undermining the legitimacy of other branches of government, including the executive and legislative branches. It may also lead to the politicization of the judiciary, casting doubts on its accountability and independence. Overall, the judicialization of political conflict is a multifaceted and fluid phenomenon, which holds both favorable and unfavorable implications for institutional harmony in Pakistan.

 

b)    Brief Overview of the political landscape in Pakistan

Pakistan's political landscape is marked by a complex and dynamic interplay of various forces and factors. The country's political history has been characterized by periods of military rule, political instability, and democratic transitions.

Pakistan's political system is based on a federal parliamentary system, with the President serving as the head of state, and the Prime Minister as the head of government. The legislative branch consists of the National Assembly (lower house) and the Senate (upper house).

The country has a multi-party system, with major political parties including the Pakistan Muslim League-Nawaz (PML-N), Pakistan Tehreek-e-Insaf (PTI), and the Pakistan Peoples Party (PPP). However, political parties in Pakistan are often marked by factionalism and infighting, which can lead to instability and fragmentation of political power.

Pakistan has also struggled with issues of corruption, sectarianism, terrorism, and regionalism, which have further complicated the country's political landscape. These challenges have often resulted in political tensions, violence, and a lack of trust in government institutions.

Overall, Pakistan's political landscape is marked by a complex interplay of various social, economic, and political factors that continue to shape the country's trajectory.

c)     Thesis Statement

There are several case studies that illustrate how the increasing role of the judiciary in resolving political conflicts is a threat to institutional harmony in Pakistan. Here are a few examples:

Disqualification of elected officials: In 2017, the Supreme Court of Pakistan disqualified then Prime Minister Nawaz Sharif from holding public office due to corruption charges. This decision was met with both support and criticism, but it highlighted the power of the judiciary to remove elected officials from office. Such decisions can create political instability and undermine the legitimacy of the electoral process, as the judiciary can be seen as intervening in political matters beyond its mandate.

Ongoing political trials: The judiciary in Pakistan has been involved in a number of high-profile political trials in recent years, such as the trial of former President Pervez Musharraf for treason and the trial of former Prime Minister Benazir Bhutto's alleged assassins. These trials can be seen as politically motivated, and their outcomes have the potential to further polarize political factions and undermine institutional harmony.

Interpretation of the constitution: The judiciary in Pakistan has played a significant role in interpreting the constitution and determining the scope of the powers of different branches of government. However, these interpretations can be contested and can lead to further political conflict. For example, in 2018, the Supreme Court disqualified Pakistan Tehreek-e-Insaf (PTI) leader Jahangir Tareen from holding public office for life, citing a provision in the constitution that disqualifies individuals for not disclosing assets.

Political polarization: The judicialization of political conflict can also exacerbate political polarization in Pakistan. When political factions are unable to reach a compromise through negotiation, they may seek the intervention of the judiciary. However, this can further polarize political factions, as decisions made by the judiciary can be seen as favoring one side over the other.

These case studies demonstrate how the increasing role of the judiciary in resolving political conflicts can pose a threat to institutional harmony in Pakistan. While the judiciary can play a vital role in ensuring accountability and upholding the rule of law, its intervention in political matters beyond its mandate can create further political conflict and undermine the legitimacy of other branches of government.

II.               Historical Context

To understand the increasing role of the judiciary in resolving political conflicts in Pakistan and its impact on institutional harmony, it is important to consider the historical context of the country.

 

Pakistan gained independence from British rule in 1947, but its political history has been marked by a series of coups, military dictatorships, and political instability. Since its independence, Pakistan has struggled to establish stable democratic institutions, and its political landscape has been characterized by frequent power struggles between the civilian government and the military.

The late 1990s saw a particularly turbulent period in Pakistan's political history. In 1999, General Pervez Musharraf seized power in a military coup, overthrowing the democratically elected government of Prime Minister Nawaz Sharif. This marked the fourth military coup in Pakistan's history, and it led to a period of political turmoil and instability.

During this period, the judiciary in Pakistan played a crucial role in challenging the military regime and upholding democratic values. In 2007, Chief Justice Iftikhar Muhammad Chaudhry was suspended by General Musharraf, leading to widespread protests and a movement for the restoration of the judiciary. This movement culminated in the restoration of Chief Justice Chaudhry and other judges who had been removed by the military regime.

Since then, the judiciary in Pakistan has emerged as a powerful and independent institution, with the ability to hold other branches of government accountable. However, its increasing role in resolving political conflicts has also raised concerns about its impact on institutional harmony in the country.

In summary, Pakistan's history of political instability and military rule has created a context in which the judiciary has played an increasingly important role in resolving political conflicts. While the judiciary has been seen as a defender of democratic values and the rule of law, its intervention in political matters beyond its mandate has also created challenges for institutional harmony in the country.

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a)    Pakistan's history of political instability and military rule

Pakistan has a long history of political instability and military rule. After gaining independence from British rule in 1947, the country struggled to establish stable democratic institutions, and its political landscape has been characterized by frequent power struggles between the civilian government and the military.

The country's first military coup took place in 1958, when General Ayub Khan overthrew the democratically elected government of Prime Minister Feroz Khan Noon. Ayub Khan established martial law and ruled the country for the next decade, until he was forced to resign in 1969 after facing widespread protests.

In 1971, East Pakistan (now Bangladesh) declared independence from West Pakistan, following a bloody civil war. This led to a period of political turmoil and instability, with various political parties vying for power.

In 1977, General Zia-ul-Haq seized power in a military coup, overthrowing the democratically elected government of Prime Minister Zulfikar Ali Bhutto. Zia-ul-Haq ruled the country for the next 11 years, during which time he imposed martial law and introduced a series of controversial Islamic laws.

In 1988, Zia-ul-Haq died in a plane crash, and the military handed power back to a civilian government. However, political instability and corruption continued to plague the country, and in 1999, General Pervez Musharraf seized power in another military coup, overthrowing the democratically elected government of Prime Minister Nawaz Sharif.

Since then, Pakistan has experienced a period of political turmoil and instability, with the civilian government and the military vying for power. This has created a context in which the judiciary has played an increasingly important role in resolving political conflicts, as noted earlier.

b)    Weak democratic institutions and non-institutional means of resolving political conflicts

 

How oft have we witnessed the frailty of democratic institutions, with feeble limbs that struggle to uphold the weight of the state! Forsooth, the history of Pakistan is replete with instances of political instability, marked by the ebb and flow of democratic regimes and military rule. In such an environment, the resolution of political conflicts through non-institutional means doth breed strife and chaos, and lead us down a path of dire consequences.

Verily, the weakness of democratic institutions lies at the heart of this malaise. The absence of a robust and independent judiciary, a free press, and an accountable executive has left the political landscape vulnerable to the whims of vested interests and the machinations of power brokers. As a result, political factions are often unable to reach a compromise through negotiation, and instead resort to extra-constitutional means to pursue their agenda. This is a lamentable state of affairs, for it undermines the very foundations of democracy and the rule of law.

In Pakistan, the legacy of military rule has further compounded this problem. The military, with its long history of intervention in politics, has often acted as a destabilizing force, intervening in the political process and undermining the democratic institutions of the state. The military has also been accused of using non-institutional means to resolve political conflicts, such as the imposition of martial law, the suppression of dissent, and the curtailing of civil liberties.

It is in this context that the role of the judiciary assumes critical importance. A strong and independent judiciary can act as a check on the excesses of the executive and legislative branches of government, and ensure that the rule of law is upheld. However, in Pakistan, the judiciary has also been accused of overstepping its bounds, and becoming embroiled in political controversies that go beyond its constitutional mandate. This has led to concerns about the politicization of the judiciary, and the erosion of its independence and credibility.

In conclusion, the weakness of democratic institutions and the resort to non-institutional means to resolve political conflicts is a scourge that has plagued Pakistan for too long. It is imperative that the country takes steps to strengthen its democratic institutions, and ensure that they are able to discharge their constitutional duties with independence and impartiality. The judiciary, in particular, must be insulated from political pressures, and be allowed to perform its role as a guardian of the constitution and the rule of law. Only then can Pakistan hope to achieve the institutional harmony that is necessary for its progress and prosperity.

c)     Emergence of a powerful and independent judiciary

A powerful judiciary refers to a judicial system that has significant authority and influence in a country's political and legal system. In such a system, the judiciary is independent and impartial, with the ability to interpret and apply the law, and even to hold other branches of government accountable. A powerful judiciary is often seen as a critical component of a democratic society, as it provides a check on the power of the executive and legislative branches and helps to ensure that the rule of law is upheld.

In countries with a powerful judiciary, the courts are often the final arbiters of disputes between citizens, businesses, and government entities. This includes interpreting the constitution, ruling on the legality of government actions, and even hearing cases involving allegations of corruption and misconduct against elected officials. A strong judiciary can also help to ensure that citizens' rights are protected and that the government is held accountable for its actions.

 

However, the concept of a powerful judiciary can also be controversial. Some argue that a judiciary with too much power can undermine the authority of elected officials and the democratic process. Others argue that a powerful judiciary can become politicized, leading to decisions that are based on personal or political bias rather than on the law.

In the context of Pakistan, the judiciary has emerged as a powerful institution due to the country's history of political instability and weak democratic institutions. The increasing role of the judiciary in resolving political conflicts has been seen as both a positive development and a cause for concern. While the judiciary has played a critical role in holding other branches of government accountable and ensuring that citizens' rights are protected, its increasing power and influence have also raised questions about the balance of power between different branches of government and the potential for the politicization of the judiciary.

In considering the emergence of a powerful and independent judiciary in Pakistan, we must first examine the historical and social contexts that have given rise to this phenomenon. Like the physical laws of the universe, the evolution of judicial power in Pakistan is subject to the forces of history and social dynamics.

Pakistan, since its inception, has faced a number of challenges that have affected the development of its democratic institutions. The military has been a dominant force in the country's politics for much of its history, and the judiciary has often been subservient to its will. However, in recent years, the judiciary has emerged as a powerful and independent institution that has the ability to hold other branches of the government accountable.

The judiciary's newfound power and independence can be attributed to several factors. First, the rise of civil society in Pakistan has created a demand for an independent judiciary that can serve as a check on the power of the state. Second, the judiciary has been strengthened by a number of constitutional reforms that have expanded its powers and provided it with greater autonomy. Third, the judiciary has been emboldened by a series of landmark judgments that have demonstrated its willingness to take on powerful interests, including the military and political elite.

One of the most significant examples of the judiciary's power was the decision to disqualify former Prime Minister Nawaz Sharif from office in 2017. This decision sent shockwaves through the political establishment, and it demonstrated the judiciary's willingness to hold even the most powerful political figures accountable. In another landmark decision, the Supreme Court ruled that the military must answer for its actions during the Balochistan crisis, a move that challenged the military's long-standing immunity from accountability.

However, the judiciary's newfound power has also raised concerns about its impact on institutional harmony in Pakistan. Some argue that the judiciary has overstepped its bounds and has become overly politicized. Others worry that the judiciary's activism could undermine the legitimacy of other branches of the government.

In order to strike a balance between accountability and institutional harmony, it is important for the judiciary to exercise its power responsibly and with restraint. It is equally important for other branches of the government to respect the judiciary's independence and to work collaboratively with it to strengthen democratic institutions in Pakistan.

In conclusion, the emergence of a powerful and independent judiciary in Pakistan is a complex and evolving phenomenon that reflects the country's struggles with democracy and governance. While the judiciary's newfound power has the potential to improve accountability and strengthen democratic institutions, it also poses risks to institutional harmony if not exercised responsibly. As the great physicist Albert Einstein once said, "The unleashed power of the atom has changed everything save our modes of thinking, and we thus drift toward unparalleled catastrophe." In a similar vein, the emergence of a powerful judiciary in Pakistan has the potential to change everything, and we must think carefully about how to navigate these changes in a way that promotes stability and progress.