Save the World for Our Children

Being the most vulnerable segment of society, anywhere in the world, children are always the first ones to be harmed and the last ones to be heard.

This sad fact was acknowledged in the opening session of the United Nations General Assembly’s Special Session on Children (UNGASS), in May 2002. The UN Secretary General Kofi Annan, acknowledged that the world has not been able to fulfil the commitments made in the World Summit for Children in 1990.

About 300 children from all over the world were given an opportunity to participate I the children’s forum, held on this landmark event. Nearly 70 heads of states also attended the session.

Though this event provided a chance to the children from all over the world to be in limelight for the few days, like the World Summit on Children (WSC) held in 1990, the action plan sets forth ambitious goals without determining means to get there. Most of the recommendations made in the WSC have not been implemented even after 12 years, mainly because of cruel economic environment. After the WSC, member countries prepared End of Decade reports and a Draft Outcome document was compiled last year, which was pivotal in the deliberations that took place during the Special Session.

The agreed Plan of Action envisaged in the outcome document describes,

“A world fit for children is one in which all children get the best possible start in life; have access to quality basic education, including primary education that is compulsory and available free to all; and that all children, including adolescents have ample opportunity to develop their individual capacities in a safe and supportive environment. We will promote the physical, psychological, social and spiritual, emotional, cognitive and cultural development of children as a matter of national and global priorities”.

 

This is for sure the situation which all of us want for our children. But the ground realities are different. In particularly developing countries, international pressures combined with economic circumstances and social conditions are undermining the crucial role of governments, society and parents to ensure those children grown up in a safe, stable and nurturing environment.

Children need food, shelter, education, health and physical and emotional security not only for their survival, but also for their development. In contrast, for a majority of children, free health and education services along with food and shelter still are a luxury. The 1990s was a decade of great promises but modest achievements for the children of the world. But critical challenges remained unmet, mainly because the resources that were promised at international and national levels did not materialize. According to UNICEF, today there are 600 million children who live in poverty, which is the root cause of the insecurity and is threatening the development of children around the world. At the same time, ten million children die each year, deaths, most of which can be prevented.

Less than five mortality rate has increased in 14 countries and remained unchanged in 11 countries, mainly inSouth Asiaand Sub-Saharan Africa. Diarrhoea, being one of the most widespread causes of children’s death while the fatal polio, is still endemic in 20 countries of the world. At the same time, 150 million children in this world suffer from malnutrition. InPakistan, one in three children, under five years of age, is malnourished which contributes to childhood deaths and reduces the physical and mental capacities of children. Globally, 100 million children, don’t go to school 60 percent of them girls.

Similarly as a result of armed conflicts and foreign occupations, children are subjected to unnatural deaths, injuries and displacement. In 1990s 2 million children died as a result of armed conflict. Six million were permanently disabled or seriously injured and 20 million were displaced or became refugees. The recommendations, made in Outcome report, to find an end to all this suffering, seeks help of the international economic and security situation, which is unrealistic.

Pakistan’s End of the Decade report has stated economic and resource constraints and regional security environment among the foremost constraints.Pakistan, which is still striving to achieve a threshold of development and economic strength, faces ups and downs in its economy. The debt burden assumed alarming proportions with the external and domestic debt reaching 97.5% of country’s GDP. At the same time, the growth rate dipped as low as 1.7% in 1997.

Repeated devaluation in the rupee adversely affected the amount devoted to development projects. Then there were economic sanctions, which targetedPakistanin the developed world. Under such conditions how a country likePakistancould be expected to mobilize its resource? In the education sector, allocations are a mere 2 % of the GDP even less than minimum of 4% prescribed by UNESCO. How can idea of a free universal primary education of good quality be expected?

Similar conditions can be found in other countries also. And the economic environment is going deteriorate even further in wake of changing trends in the world like globalization and WTO. The NGO ‘Save the Children’ fund followed the EU’s stance on WTO and showed its concern in the report, “The Wrong Model: GAT, trade liberalization and children’s right to health”. The report, with the help of leaked documents of European Commission’s secret WTO negotiations, has proved that corporate interests inEuropeare being given priority over the health needs of children and their families. Even the European Commission has publicly stated that it sees WTO as “first and foremost an instrument for the benefit of business” whereas international trade negotiations should be first and foremost an instrument to promote development, poverty reduction, and a better future for the people of world.

If international bodies and forums aim to achieve realistic and applicable solutions to the problems of children, then they will have to be seen in the perspective of economic realities of the poor countries. None of the parents and children wants to opt for child labor if severe economic realities do not force them to do so. The UN needs to draw commitments from the developed world. International policies related to economy must not force the already crushed economies of the developing countries to face a situation where the vulnerable segments of population become victim of harsh realities, which are beyond their control.

Both the governments and international institutions must make mandatory commitments for the betterment of children. (Jalazai, 2004)

Child Rights and Child Labor Global Negligence

Child is a potential man and has all the qualities of developing flowering and fructifying. Physically he is a man in miniature, mentally he is inquisitive and receptive, morally be knows how to respect his elders and obey the parents; and spiritually he is elevated enough because of his innocence which is untarnished. Man can become the “Caption of his soul and master of destiny” only if he; has been properly trained tamed, guided and allowed to develop.

In the global perspective during the last 15 years, states have focused their attention in crediting of poverty and the promotion of gender equality, peace, sustainable development and securing rights of children. States nascent articulation can be seen more effectively in protecting global child rights and enforcement mechanism for early end of child labour. But sill no region of the world is completely free from children labour and it has taken the shape of a global challenge today.

Though, mostly prevalent in the under-developed regions ofAsia,AfricaandLatin America, child labour also exists in rich industrialized countries. According to the ILO, more than 95 percent of all child workers live in developing countries, hi some regions, as many as 25 percent of children between the gases of 10 and 14 are estimated to be working.

Although authentic figures are difficult to get, available in formation reveals that certain countries likeBangladesh,India, andPakistan.Turkey,Egypt,Kenya,Nigeria,Senegal,Argentina,Brazil,Mexico,ItalyandPortugalhave comparatively higher rates of economic activity amongst children. These children are working generally in seasonal job activities, street trades, and small workshops are in a home setting, as well as in agriculture farms.

Asiaaccounts for more than 50 percent of the world’s child laborers who constitute as much as 17 percent of the overall child force in some countries. In thePhilippines, 45 million children work legally and illegally in factories, farms and household. Burma,Cambodia,IndonesiaandThailandalso are noted for their child labour problems. Observers claim that as many as 2 million children under the age of 14 are working half-to-full it inIndonesia, mostly in family-run businesses in the informal sector and in agriculture. One-fourth of all the world’s child laborers are found inIndiaalone. Other counties in southernAsialikeNepalandBangladeshare also rife with child labour problem.

Pakistan, in this global scenario, is not an exception. As the entire world is voicing concern against this issue with increased momentum, its eradication calls for an integrated and coordinated action. As such, there is a dire necessity to create internationally an environment that should serve as a helpful pressure though cooperative prelateship between industrialized countries and the developing nations by means of financial assistance for the uplift of the poor societies and combating the problems like high population growth,. illiteracy, economic recessions and unemployment, etc, instead of developing a climate to aggravate these problems.

Opinions on the conception of child labor are divided and distorted amongst various countries depending on the stages of their development. The developing countries, includingPakistanand other South Asian countries, view it essentially as a projectionist poly. The developed countries project child labor and the conditions of their work and remuneration as a fundamental question of human rights. They view conditions of work for child labour as harsh, exploitative and hazardous. A number of work places are seen as exposing children to undesirable environments: smoking, drug addiction, crimes and other immoral pursuits.

Conditions of child labor are defined by ILO as working:

(a) Too young:

(b) For long hours, in some cases 12 to 16 hours a day;

(c) Under physical, social and psychological strain and stress;

(d) On the streets in healthy and dangerous condition; and

(e) For very little pay.

Child labour is a product of various factors:

(a) Unemployment, under employment and poverty;

(b) Unsatisfactory availability of educational institutions and poor quality of education;

(c) Indifferent attitude of parents and society;

(d) Absence of any formal social security mechanism; and

(e) Sub-optimal policy formulation and implementation

Child labour is also seen as contributing towards the perpetuation available to adults. By accepting lower wages, child labour forces even adults to accept lower competitive wages. Lower wages accepted by adult force other family members including children, to become active in the labor market and seek any work opportunity of wages and condition of work. (Jalazai, 2004)

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ELECTIONS AND ELECTORATES

ELECTIONS

(INDIRECT PARTICIPATION)

Modern states are large country-states with vast territories and great population. It is physically impossible for the people in such states to assemble at one place for political purposes. They can take part in the business of the state only indirectly that is through their representatives whom they elect to make laws and policies and to decide other affaires of the state.

DEFINITIONS

  • The representatives elected by the people who have the right to vote called suffrage. This indirect mode of participation is known as election.
  • When the citizens as a whole exercise their right to vote to elect their representatives, it s called an election

Hence modern democracy is an indirect democracy is an indirect democracy, with representatives elected by the people who have the right to vote called suffrage. This indirect mode of participation is known as election. Which we may define as a form of procedure, laid down by the electoral laws whereby some members of he public are chosen by the people to hold legislative or executive offices of authority in the state, In short, it is the way the ruled choose their rulers, i.e. their government.

THE PURPOSES OF ELECTIONS

Elections are the means of legitimating the assignment of a person to an office of authority in the state. John Austin once said that electoral procedure is like the procedure in a marriage ceremony: “Do you take this man (or women) to be your lawfully wedded husband (or wife)? “I do”. So a voter asks the candidate:” Do you accept my demands as your own?” “I do”, says the candidate. The point at which a candidate is elected is really not the moment of choice or decision by the voter: it was, in fact, much earlier, for a free voter decided much earliest to vote for a candidate of his preference.

SUFFRAGE OR FRANCHISE

The right to vote is called the suffrage or franchise. It is one of the most important political rights or the citizens in a democratic state, inasmuch as it is the very foundation and essence of the representative democracy. By the exercise of this right the citizens not only elect their representatives but also express their opinion on the policy of the government.

When a citizen exercises his rights to vote, he becomes a voter or elector. The actual choice or exercise of the right to vote is called voting. The act of voting is called polling. When the citizens as a whole exercise their right to vote to elect their representatives, it is called an election. All the citizens who at a electorate. The size of the electorate depends upon the law of franchise or representation, which differs from country to country.

VOTER OR ELECTOR

When a citizen exercises his rights to rights to vote, he becomes a voter or elector.

VOTING

The actual choice or exercise of the right to vote is called voting. 

POLLING

The act of voting is called polling.

ELECTORATES

All the citizens who at a particular time have the right to vote or franchise are collectively called the electorate. 

THEORIES OF FRANCHISE

(1)    INDIVIDUALISTIC THEORY OF FRANCHISE

According to this theory, franchise or the right to vote is the natural and inherent right of the individual. This theory was based on three doctrines which were prevalent during the 18th century; the doctrines of natural rights, equality of man and popular sovereignty or General Will. Carried to its logical conclusion this theory implies universal suffrage. All citizens have the inalienable and scared right to participate in the formulation of the law. “None cam be deprived of this right upon any pretext or in any government.”

(2)    COLLECTIVISTIC THEORY OF FRANCHISE

The doctrine of natural rights is not acceptable in modern tines. It is now said that franchise is not a natural right of the individual. If it is so, then we cannot refuse this right to such persons who cannot obviously exercise it, as, for example, the minors or the wicked. This theory has the support of several modern writers, such as Bluntschli, Lecky, John Stuart Mill and Sir Henry Maine. The Fascists and Nazis upheld it on ground of racialism and nationalism, while the communists on grounds of proletarian citizenship.

  • AGE RESTRICTION

Every state requires that an individual acquire the right to vote when he attains a certain age. Minors and young people are not given the right to vote because they are too young and immature to understand the purpose of voting and election. It is undoubtedly a necessary condition. But there is no uniformity as to the age of maturity or adulthood when the individual becomes a voter. It is eighteen years in the U.S.S.R, U.S.A, U.K and other countries, which is the lowest in the world; 21 years in Pakistan, and 25 years in Holland. However, it is better to fix 18 years of age as the age of a voter.

  • MENTAL AND MORAL FITNESS

An individual must be mentally and morally fit to be a voter. Every state exclude lunatics, idiots and criminals from electorate, because they do mot possess necessary moral and mental qualifications. Those who are convicted of crimes may be temporarily or permanently deprived of this right, because they show lack of civic sense. Sometimes bribery at elections also disqualifies a person permanently.

  • SEX

For a long past women were not granted the right to vote, politics was regarded as man’s job only. The demand for universal suffrage was understood as a demand for male suffrage exclusively, on reason why women were disfranchise was the view that those persons only could be voters who fought for the state: warriors, alone were voters.

ARGUMENTS ABOUT FEMALE ENFRANCHISEMENT

ARGUMENTS AGAINST

Some writers and thinkers have advanced several arguments against female enfranchisement in the past and present, as follows: –

(1)    Feminine nature is unfit for politics

The chief argument against female enfranchisement has been that female nature is such, which renders women unfit for political life and decision. Politics is man’s job, just as maternity is women. The Egyptian Ulama of the Al-Azhar University of Cairo issued a Fatwa in 1952, declaring that women must not be given the right to vote or sit in the legislature.

(2). Politics would unsex women

It is also said that nor only female nature but also womanly functions and role in life require that they should not participate in politics, if they are to preserve their feminine qualities and habits. They earn respect and honor from men only when they are delicate, retiring in habits, and devoted to their domestic duties. If they begin to participate in politics on equal terms with men, they would involve themselves in the mud and mire of political controversies and would be treated as roughly as men treat one another in political controversies and would be treated as roughly as men treat on another in political disputes and quarrels.

(3). It would create discord in family life

The opponents of female franchise paint a dark and dismal picture of family discord and quarrels if women are given the right to vote. It is said that if a woman voter agrees with her husband and vote, as he wants her, then peace and happiness of the family would be destroyed for the wife and husband would quarrel over voting.

(4). Women are incapable of bearing arms

A citizen must fight for the country or state; women cannot be given civic rights, as they can do nothing to defend the state.

ARGUMENTS FOR

Several writers, e.g.; Mill, Hare, and Side wick, etc; have championed women’s right to vote. Their arguments are as follows:-

(1). Democracy remains an imperfect ideal without female enfranchisement

Just as democracy does not differentiate between men on basis of race or blood, so it should not differentiate between men and women on the basis of sex. Politics cannot be a monopoly of men, for law and government affect women, their life and happiness as much as they affect men.

(2). Sex is no disqualification

The right of voting is a political right of the individual based on moral and rational grounds rather than on physical considerations. It belongs to both men and women. Women cannot be denied franchise on the basis of sex, for it is a, which does physical factor not affect polities.

(3)  The arguments of family quarrels and military incapacity of

women refuted.

The arguments that the enfranchisement of women would increase family quarrels are quite baseless. On the contrary, it would sharpen the intellects and increase their understanding of the problems confronting their country.

(4)  Weakness of the female sex necessitates her participation in

politics for the sake of better protection.

Citizens are given the right to vote for they have to protect certain rights. Women, being physically weaker, are more dependent on law and government, state and society, for protection of their rights and interests, which men have failed to protect, as past experience has demonstrated.

(5)  Female enfranchisement will exercise moral influence on

political life.

The admission of women into politics would have a purifying, ennobling and refining influence in it. It will tend to improve the tone of public life and will be conducive to better government. It will introduce decency, righteousness and purity in politics.

(6)  Good citizenship is as necessary for women as men

Women are given many civil rights and perform many civil duties, in present times; women are to compete with men in several walks of life. It is, therefore, inconsistent and irrational that they should be denied political right of franchise, when they enjoy other rights, perform civil duties and have to struggle for existence on equal footing with men.

(7) Women are the custodians of culture civilization and the future of every state depends upon their active and equal participation in the affairs of the government. 

·        PROPERTY

In the nineteenth century, possession of property was considered as an essential qualification for franchise. Various reasons were given why property owners alone could be the voters. Firstly, men of property were men of education who could thereby understand the meaning and purpose of voting and election, and could express their opinions on national issues. Secondly, men of property had a stake in the country and would gibe considered opinion on problems and dangers confronting it. Thirdly, it was feared that if the property less classes were given the right to vote. They would elect such representatives as would abolish private property altogether and thus bring economic ruin to the country. Fourthly, the legislature, which imposes taxes, should consist of those who pay taxes, that is the representatives of the propertied classes. In the present times, however, the attitude towards property qualification has completely changed.

·        EDUCATION

In the nineteenth century, ignorance, illiteracy or lack of education was regarded as good grounds for disqualifying a person as a voter. Various writers justified this restriction on different grounds. Bluntschli said, “To vest the power of choosing to see who are to rule the stare in the hands of the incapable and unworthy classes would mean stare suicide.

J.S. MILL asserted that I regard it as wholly inadvisable that any person should participate in the surface without being able to read and write. He therefore remarked that “universal teaching just precedes universal enfranchisement” Like property qualification opinion about educational qualification has also changed in present times.

UNIVERSAL ADULT SUFFRAGE

In view of its importance and power it is necessary that the electorate should be as extensive as the adult population of the state. When all the adult citizens, irrespective of the difference of sex property, social status color or creed, residence, education, etc, have the right to vote it is called universal adult suffrage. It means there should be no restriction on franchise except such essential ones as adulthood or age limit mental and moral fitness.

Arguments against universal adult suffrage

In the some states franchise is restricted on such grounds as property, educations, sex, race, color, religion, etc, various arguments are advanced to justify this kind of restricted suffrage. Firstly, it is said that the ignorant masses or uneducated people will make a dangerously bad use of their votes, as they are opposed to progress. Sir Henry Maine, a strong critic of universal suffrage, said that the enfranchised masses would oppose all scientific, cultural and intellectual progress and achievements of mankind.

Arguments in favor of universal adult suffrage

Several arguments are also advanced in its favors. Firstly universal franchise is democratic. It is based on the sovereignty of the people are sovereign; they should have a share in t5he government. Secondly, laws are obeyed readily when they are made with the consent and approval of all, as expressed through their representatives. Thirdly, universal adult suffrage is based on the principle of ‘one man one vote.’ This principle ensures political equality, as no citizen is excluded from the right to vote. Lastly, it gives strength and stability to the state, because it places political power in the hands of all adult citizens who are intelligent, sane and able-bodied.  In short, universal adult franchise is the very basis of the modern democratic state.

DIFFERENT METHODS OF VOTING

 Purpose of voting

Political issues can be settled by expressing opinion either peacefully of with violence. Voting has been described as a means of deciding political disputes and questions without violence.

It is better to count heads than to break them. But if voting is to achieve this purpose, it must be free and independent. It means that the voter should be free from all sorts of fear s or pressures at the time of voting.

Two methods of voting have been devised to ensure free and independent voting; public voting and secret voting or vote by ballot.

Secret voting

Freedom from intimidation and pressure at the time of voting is essential if voter is to express his choice freely and independently. It means that voting should be secret. But secret voting is recently put into use. In the past centuries, the voter expresses his choice openly and orally in the public. It is called open vote or public voting. In secret voting, the voter casts his vote secretly by means of a ballot paper and in a polling booth, which is screened off from public gaze. He goes in the polling booth and arks the ballot paper according to his choice candidates. He then folds the paper and puts it into a ballot box. When all voters have voted among two or more the box is opened and votes counted.

Plural voting

Many criticize universal suffrage on the grounds that it does not discriminate between wisdom and folly, intelligence and ignorance, education and literacy, property and poverty. Mill remarked that the principle of “one man, one vote” was wrong as it allowed “ignorance to be entitled to as much political power as knowledge, in order to remedy these defects two methods are proposed and employed in some countries.

In plural voting (also called differential voting) some persons are given more than one vote on such grounds as education or property or some other qualification. It is said that they should have more votes than those who are less qualified and have fewer interests at stake. When a person has plural votes, he casts them as many times as his votes.

Weighted voting

It is a particular form of plural voting. Weighted voting means that the vote of a person is weighted on account of education, property or some other qualification. Thus his votes are weighted as against the single vote of the ordinary voter. The example of the weighted voting was found in theBelgiumconstitution before 1921, according to which every male citizen of 25 years of age, and holding a public office or a lawyer had two votes. No one, however, could nave more than three votes in all. Plural or weighted voting inBelgiumwas, however, abolished in 1921, for this system favored the peasants, the clergy, public officials and professional classes, as against the workers and the uneducated masses.

Compulsory voting

It is matter of common observation that those who have the right to vote do not sometimes exercise it. It is often observed that due to apathy or indifference to political duty 15 to 50 percent of the qualified voters stay at home on the Election Day. It reduces the election to a farce and vitiates the expression of the general will. If franchise is a public trust, a privilege conferred on the citizens in the interest of the state and for the social good, they must be obliged to perform this function by law. In other words, voting should be made compulsory and law punishes any citizen, who fails to cast his vote. This is the case inBelgium, where a small fine is imposed for non-voting. But it has increased voting only to a slight degree. On the whole, compulsory voting has not found favor with most of the countries in the present-day world.

SINGLE AND MULTIPLE MEMBER CONSTITUENCIES

WHAT IS A CONSTITUENCY?

It is physically impossible that millions of voters in a country could assemble at one place and cast their vote’s en mess, or know all candidates or go long distances to vote. Owing to these considerations, the whole territory of the state is divided into many electoral areas or districts, called the constituencies.

Merits of the single member system

  • It enables the voters to remain in touch with the candidates and the representatives.
  • It is more economical and simple.
  • It has the advantages of responsibility and stability.
  • It encourages local talent.

Disadvantages of the single member system

  • It unduly favors government candidates.
  • It encourages localism in politics.
  • It narrows the range of choice of candidates.
  • It necessitates constant readjustment of electoral area.
  • It encourages gerrymandering.
  • It distorts the whole representation system by establishing minority government.
  • It does not provide proper representation to the minorities.

METHOD OF ELECTION

An election is the occasion or the means by which the qualified voters make a choice among two or mote candidates for the seat in the legislature or for some public office. It is of two kinds, direct and indirect.

DIRECT ELECTION

The method of direct election is very simple.  The voters cast their votes for or against the various candidates. The candidate who secures majority of the votes is declared successful and is returned as the representative from that constituency. This method has found favor in all democratic states, especially for the election of the popular Lower House of the legislatures.

Advantages of direct election

  1. It stimulates political interest among voters.
  2. It broadens the mental horizon of he people.
  3. It secures effective control of the government by the electorate.
  4. It is less exposed to corruption.

Disadvantages of direct election

  1. It places power in the hands of ignorant masses.
  2. Passions and propaganda dominate direct elections.

INDIRECT ELECTION

It is comparatively more complicated. The voters do not elect their representatives. They elect only a number of persons, called electors who constitute what is called an electoral college as n intermediary body. These electors then, in their turn, choose the representatives finally. Thus an indirect election involves double election: first a general election by the whole electorate, and then a limited election by the small body of electors, who finally elect the representatives. This method is not so common. It is usually favored for the election of the Second Chambers or the Upper House, especially of the federal states. It is also employed for the election of the presidents of the republican states. For example, inFrancethe Upper Chamber is indirectly elected, in the U.S.S.R the Soviet of Nationalities and inPakistanthe Senate and the President are indirectly elected.

Merits of indirect election

The method of indirect election was much favored by writers during the early period of the rise of modern democracy. In theory, it has many advantages. It was regarded as an effective remedy of the dangers of universal suffrage and an effective check to the emergence of mob rule. Some of the chief merits are as below:-

  1. It is free from the gusts of popular passion
  2. Men of ability and intelligence elect the representatives
  3. It ensures cool consideration of political issues
  4. Finally, the method of indirect election is good for countries whose people are educationally backward and politically unorganized. It is particularly useful for electing the Second Chambers

Defects of indirect election

Experience with the system of indirect election has revealed that its theoretical advantages are non-existent, while it has many defects and disadvantages in actual practice. They are as follows:-

  1. It kills popular interest in the elections and politics
  2. It is out of harmony with the spirit of modern democracy
  3. It is illogical, for if a man is fit to choose an elector, he is also fit to choose a representative
  4. Indirect elections often become direct election in present times
  5. It breeds intrigue and corruption
  6. Finally, indirect election can be successful when both primary and secondary voters are honest, and public-spirited. But this is rarely so

ELECTORAL SYSTEM

Definition

“a legal system for making democratic choices. The word Voting

system  is also used for electoral system.”

How the electoral system works

Of 129 Scotland’s MSPs, 73 are elected by the same “first past the post” method used for Westminsterelections. These individuals will be elected on a constituency basis, in exactly the same way as an MP. In this “first vote”, voters put their X beside the name of an individual candidate, i.e. Jack McConnell (Labor). The candidate with the most votes is then elected.

The “second vote” is a bit more complicated. The remaining 56 MSPs are elected under a form of proportional representation called the “additional member system”. Voters choose the party they wish to support rather than an

individual candidate,

These second-vote “constituencies” are very large: there are just eight covering the whole of Scotland, similar to the European election constituencies. There are seven seats up for grabs in each of these regions. These are divided up amongst the parties on the basis of the proportion of votes they get. However, under a somewhat complicated formula, parties who have won several seats in the first past the post seats in a region effectively get put to the back of the queue. Parties who won no first past the post seats, or very few, are more likely to win these “top-up” seats.

The votes cast for each party are divided by the number of “first past the post” seats gained plus one. The party that gets the highest rating is given the first seat. The calculation is the same for the second to seventh seats but if a party has gained additional seats through the calculation these are then factored in.

The purpose is to make the final result more reflective of how many votes each party received.

The individual MSPs are chosen from party lists. If the party gets just one top-up seat then the person who is first on the list is elected. If the party gets two, then the first and second people on the list are elected. This is why those returned by the second vote are known as list MSPs.

VOTING SYSTEMS
Single-Member/Majoritarian Systems

Single-member systems

  • First-Past-The-Post (FPTP)
  • Supplementary Vote (SV)
  • Alternative Vote (AV)

   Multi-member systems

  • Single Transferable Vote (STV)
  • Party List Systems
          Mixed systems

  • Additional Member System (AMS)
  • The Alternative Vote Plus (AV+)

I am not supposed to discuss every system in detail save FTPT, because it is in vogue in Pakistan.

FIRST-PAST-THE-POST

How the System Works

The current system for electing MPs to the House of Commons is called First-Past-The-Post. There are 659 separate constituencies across theUKeach electing one single Member of Parliament. In order to vote you simply put an ‘X’ next to the name of the candidate you support. The candidate who gets the most votes wins, regardless of whether he or she has more than 50% supports. Once members have been individually elected, the party with the most seats in Parliament, regardless of whether or not it has a majority across the country, normally becomes the next government. It is used for elections to the House of Commons and local elections in the UK and in USA, Canada and Pakistan and India.

Arguments used in favor

  • It is simple to understand.
  • The voter can express a view on which party should form the next government.
  • It tends to lead to a two-party system. The system tends to produce single party governments, which are strong enough to create legislation and tackle the country’s problems, without relying on the support of any other party.
  • It provides a close link between the MP and their constituency.
  • The system represents the views of the people, as the candidate with the greatest support wins through a fair process.
  • TheUK’s democracy is one of the strongest in the world, it works and since no system is perfect, why should we go through the massive overhaul of changing?

Weaknesses

  • Only one MP is elected in each constituency, so all the voters who did not vote for him or her are not represented. Their votes do not help elect anybody and so are wasted, they could have stayed at home and the result would not have been altered.
  • In 1997, inGreat Britain, 14.7 million voters cast ineffective votes – that is 48.2% of those who voted. A high proportion of these voters are the same people every time, e.g. Conservative voters inCountyDurhamor Labor voters in much ofSurrey.
  • There is a lack of choice given to the voters. The candidates are selected by a small number of party members, and voters can only choose between parties. If the candidate selected for your party has views with which you disagree, you are left with no alternative choice within that party.
  • Voters are represented unequally. In 1997, the average number of votes per MP elected was: 32,376 for Labor, but 113,826 for Liberal Democrats
  • Concentrated support for a party produces results. In 1997, Conservative support was spread thinly over most ofScotland. They got 18% of the vote inScotland, but no seats. The Liberal Democrats got 13% of the Scottish vote and a similar share of the seats because they had strong support in a few constituencies and minimal support in most of the others.
  • The system leads to many people casting negative votes i.e. voting against the candidate they dislike most rather than for the candidate they like best.
  • The way the boundaries of constituencies are drawn can affect the results. Governments are often accused of gerrymandering, adjusting the boundaries of constituencies to influence the results.
  • In 1997, Labor won 43.3% of the total vote, but got 65.2% of the seats in Parliament, giving them power to form a government. Although 11 out of 20 British electors voted against the Government, it has complete power.

SOME ELECTORAL SYSTEMS OF DIFFERENT COUNTRIES

Alternative Vote (AV)

A preferential, plurality-majority system used in single-member districts in which voters use numbers to mark their preferences on the ballot paper. A candidate who receives over 50% of first-preferences is declared elected. If no candidate achieves an absolute majority of first-preferences, votes are re-allocated until one candidate has an absolute majority of votes cast.

Block Vote (BV)

A plurality-majority system used in multi-member districts in which electors have as many votes as there are candidates to be elected. Voting can be either candidate-centered or party-centered. Counting is identical to a First Past the Post system, with the candidates with the highest vote totals winning the seats.

First Past the Post (FPTP)

The simplest form of plurality-majority electoral system, using single-member districts, a categorical ballot and candidate-centered voting. The winning candidate is the one who gains more votes than any other candidate, but not necessarily a majority of votes.

List Proportional Representation (List PR)

In its most simple form List PR involves each party presenting a list of candidates to the electorate, voters vote for a party, and parties receive seats in proportion to their overall share of the national vote. Winning candidates are taken from the lists.

Majority-Plurality (Two-Round System)

In French Two-Round elections any candidate who has received the votes of over 12.5 per cent of the registered electorate in the first round can stand in the second round. Whoever wins the highest numbers of votes in the second round is then declared elected, regardless of whether they have won an absolute majority or not. We therefore refer to it as majority-plurality variant of the Two-Round System.

Majority-Runoff (Two-Round System)

The most common method for the second round of voting in a Two-Round System is a straight “run-off” contest between the two highest vote-winners from the first round – this we term a majority-runoff system.

Mixed Member Proportional (MMP)

Systems in which a proportion of the parliament (usually half) is elected from plurality-majority districts, while the remaining members are chosen from PR lists. Under MMP the list PR seats compensate for any disproportionality produced by the district seat results.

Open List

A form of List Proportional Representation in which electors can express a Parallel System – A semi-proportional system in which proportional representation is used in conjunction with a plurality-majority system but where, unlike MMP, the PR seats do not compensate for any disproportionality arising from elections to the plurality majority seats.

Party Block Vote (PB)

A form of the Block Vote in which electors choose between parties rather than candidates. The successful party will typically win every seat in the district.

Plurality-Majority Systems

The distinguishing feature of plurality-majority systems is that they almost always use single-member districts. In a First Past the Post system, the winner is the candidate with a plurality of votes, but not necessarily an absolute majority of the votes. When this system is used in multi-member districts it becomes the Block Vote. Majority systems, such as the Australian Alternative Vote and the French Two-Round System, try to ensure that the winning candidate receives an absolute majority of votes cast.

Proportional Representation (PR)

Any system which consciously attempts to reduce the disparity between a party’s share of the national vote and its share of the parliamentary seats. For example, if a party wins 40 per cent of the votes, it should win approximately 40 per cent of the seats.

Semi-Proportional Systems (Semi-PR)

Those electoral systems which provide, on average, results which fall some way in between the proportionality of PR systems and the disproportionality of plurality-majority systems.

Single Non-Transferable Vote (SNTV)

A semi-proportional system which combines multimember districts with a First Past the Post method of vote counting, and in which electors have only one vote.

Single Transferable Vote (STV)

A preferential proportional representation system used in multi-member districts. To gain election, candidates must surpass a specified quota of first-preference votes. Voters’ preferences are re-allocated to other continuing candidates when an unsuccessful candidate is excluded or if an elected candidate has a surplus.

Two-Round System (TRS)

A plurality-majority system in which a second election is held if no candidate achieves an absolute majority of votes in the first election.

REFERENCES

  • Ul Haque, Mazhar, Political Science theory and practice, Bookland Publishers,Lahore.
  • Ali, Arshad, Ilme Siasiat, Kitab Ghar,Lahore.
  • Encyclopedia Britannica 2003

ELECTORAL REFERENCES

  1. http://www.electoral-reform.org.uk/votingsystems/systems2.htm
  2. http://www.idea.int/esd/glossary.cfm
  3. http://dict.die.net/electoral systemby

Problems Faced By Female Students Resident in Punjab University Hostels

 Introduction

According to Oxford Advanced Learner’s Dictionary (2001), “Hostel is a building in which cheap food and lodging are provided for students, certain groups of workers, people without homes, travelers, etc: have a share room in a hostel”.

Hostel is an English word, which means an inn or a boarding house for students. In a broader sense hostel is a place where worker, youth, old or people of same occupation or same school of thoughts can reside.

Usually it is difficult to manage the problems of residence in distant city from home for students. In such situations, hostels are considered to be the best solution. Higher educational institutions provide generally hostel accommodation. (Brother, 1971)

At the time of independence,Pakistanhad only one University that was the University of thePunjabwith an enrollment of 644 students of whom 56 were women. The University of the Punjab is not only the oldestuniversityofPakistanbut also the largest among the universities. Located in the historical and culturally alive city ofLahore, this university has played a leading role in higher education in the country. It had no hostel in the beginning but later on the need for hostels and residential halls were felt badly by university authorities for accommodating the students coming from other cities and sometimes from other countries.

With the passage of time, the enrollment of the students increased, its allocated proved insufficient and the increasing flow of the students to the city ofLahoremade increasing demand in the extension of the university building and the residential accommodation. So an urgent need for a new campus of the university became apparent. The new campus ofPunjabUniversitywas made in 1944.

PunjabUniversityis fulfilling the requirements of the students from all overPakistan. At present, there are 25 hostels in all, five for female students and 19 for male students. The total number female student living in these hostels is 5,815. Out of this total figure, there are more than 4000 male and 1800 female students. (Annual Report, PU, 1986-1987)

Although the facilities provided in these hostels are of good standard but still there are many problems faced by students residing in the hostels. The present study is an effort to identify the problems faced by students while residing in hostels.

Statement of the Problem

The present study aims to find out the personal and administration problems faced by the females residing in thePunjabUniversityhostels. It also intends to know the needs of girl students and give suggestions for the improvement of the hostel environment.

Objectives of the Study

The objectives of the study are to:

  1.  Identify the personal problems faced by female students.
  2.  Know the management problems faced by the female students residing in the
  3.  Make suitable suggestions for improvement of hostel’s environment.

Significance of the Study   

The study aims at the problems faced by female student residents inPunjabUniversityhostels. It will identify the personal problems and also problems faced with hostel management. The research will be helpful to improve the said problems. It will definitely pave the way for the management to take effective steps in providing better residential facilities for the female students. The study would provide basic truthful information to the concerning authorities which may serve as a basic for improvement, if needed.

RESEARCH METHODOLOGY

Population of the Study

The population of this study will be the female students residing in thePunjabUniversityhostels.

Sample Size of the Study

The sample will be 100 students selected from PunjabUniversityhostels from the total number of 1,815 students residing in five blocks. Sampling technique will be the random sampling. We will select 20 girl students from each hostel.

                                                              

Procedure for Data Collection

Questionnaire will be used as data collection and it will consist of questions regarding female students’ personal and problems regarding hostel management. In personal problems, question will asked about their hostel environmental, adjustment with roommates etc. and among management problems, there will be questions regarding quality of food provided, health facilities, sports facilities, attitude of hostel staff etc.

Data Analysis

The data will be analyzed through mean percentages.

References

  • Brother, John, Hatch, Stephen. (1971). Residence and Student Life.Wellington Tavistock Publication
  • Oxford Advance Learner’s Dictionary. (6th Edition). (2001).OxfordUniversity Press.
  • Annual Report of Punjab University.(1986-1987).LahoreUniversity Pressby

Discriminatory Laws against Women

Introduction

The women in Pakistan has been severely disadvantaged and discriminated against. They have been denied the enjoyment of a whole range of economic, social and civil rights and often deprivation in one of these areas has entailed discrimination in another. Women have denied social right like education, more easily abused in the family and community and are more likely to be deprived of the right to legal redress.

Women in Pakistan don’t enjoy or benefit from the fundamental right recognized in the constitution of Pakistan nor the provision of Muslim personal law.

The provision of labor and service laws discriminates against women. The inquiry of the commission for women clearly states that this legislation must be repealed as it discriminates against women and is in conflict with their fundamental right.

Review of Related Literature

  1. Examine law relating to women with a view to identify those which are discriminatory.

Qanun_e_ shahadat 1984

  1. Competence and number of witness          Article 17

“Competence of person to testify and number of witness required in any case shall be determined in accordance with the injunctions of Islam as laid down in the Holy Quran and Sunnah”.

  1. Impeaching credit of witness                     Article 151(4)

The credit of witness may be impeaching by in the following ways by the adverse party or with the consent of the court, by the party who calls him.

a) By the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit.

b) By proof that the witness has been bribed or has accepted the offer of a bribe.

c) When a man in prosecuted for rape it may be shown that prosecutor was of generally immoral character.

Criminal law

Criminal law amendment Act 1997 better know as case of sexual harassment and unnatural offence. The entire law revolves around a patriarchal structure. It is also against women.

PPC 1860

1.  Sexual harassment (Section 509)

“Whoever, intending to insult the modesty of any women utters, any word, any sound or gesture, or exhibit any object intending that, such word or sound shall be hear, or that, such gesture or object shall be seen, by such women shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”

2. Unnatural offence (Section 377)

“Whoever voluntary has carnal intercourse against the order of nature with any man, women, or animal shall be punished with imprisonment for life or imprisonment

Of either description for term which shall not be less than two year nor more than ten year and shall also be liable to fine.”

The sections given below also discriminates women.

  • Hudood Ordinance, 1979.
  • The Zina ordinance (section 2(a))
  • Short title, extent and commencement

This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. It extends to the whole of Pakistan. It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.

Definitions
In this Ordinance, unless there is anything repugnant in the subject of context:

a) “adult” means a person who has attained, being a male, the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty;

b) “hadd” means punishment ordained by the Holy Quran or Sunnah;

c) “Marriage” means marriage which is not void according to the personal law or the parties, and “married” shall be construed accordingly;

d) Muhsan” means

(i) a Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult woman who, at the time he had sexual intercourse with her, was married to him and was not insane; or

(ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who, at the time she had sexual intercourse with him, was married to her and was not insane

(e)”tazir” means any punishment other than “hadd”, and all other terms and expressions not defined in this Ordinance shall have the same meaning as the Pakistan Penal Code, or the Code of Criminal Procedure, 1898.

Zina
A man and a woman are said to commit ‘Zina’ if they willfully have sexual intercourse without being validly married to each other.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.

Proof of zina or zina-bil-jabr liable to hadd. Section 8(b)

Proof of zina-bil-jabr liable to hadd shall be in one of the following forms, namely:-

a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or

b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-witnesses of the act of penetration necessary to the offence:

c) Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.

Zina or zina-bil-jabr liable to tazir.

I. Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd, or for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.

II. Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which  ten years and with whipping numbering thirty stripes, and shall also be liable to fine.

 III. Whoever commits zina-bil-jabr liable to tazir shall be punished with imprisonment for a term which twenty-five years and shall also be awarded the punishment of whipping numbering thirty stripes.

 IV. When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.

Labor Law

  1. Workmen’s compensation Act 1923

Distribution of compensation SEC.8 (6)

“Where a compensation deposited with the commissioner is payable to any person, the commissioner shall if the person to whom the compensation is payable is not a women or a person under legal disability, and may in other cases pay the money to the person entitled these to.”

This law does not give all the privileges to women with are given to men.

  1. Factories Act 1934

I. Section 32 is prohibition of employment of women near cotton opener.

II. Section 36 Daily Hours

No adult worker shall be allowed or required to work in a factory for more than nine hours in any day.

Provided that male adult worker in a seasonal factory may work for ten hours any time.

III. Section 27(1) Women prohibited from working or near machinery in motion.

IV. Women must work during specified hours

Section 45(1)(a,b) no women shall be allowed to work in factory except between 6AM and 7 PM.

This section also discriminates women.

  1.  Highlight the effects faced by women due to discriminatory laws.
  2. Suggest measure for the reconciliation of discriminatory law against women

Analysis of Data

Available on demand but not published here.

Statement of Problem

The aim of this study is to identify that discriminatory laws against women their effect on the status of women in Pakistan. The study will also suggest measure for the reconciliation of these discriminatory laws.

 Objective of study

Objective of the study are as under:

  1. To study of Criminal Laws as given below,

1.1.   PPC 1860

1.2.   The Hudood Ordinance 1979

  1. To study of Labor Law
  2. To study of  Qanun_e_shahadat 1984

Significance of the study

The study in hand will be helpful for better understanding of discriminatory laws against women in Pakistan and their effect on women. It will also be helpful to start campaigns for repeal of discriminatory laws against women in Pakistan.

Methodology

A semi structured interview schedule consisting of fourteen questions on different aspects of H O was developed for present study. Interview was conducted personally depending upon the availability of the respondents.

Population

Expert from three areas Law, Education and Human Right activists inPakistan.

Sample Size                                      

Sample size consists of thirty experts from Law, Education and Human Right activists, ten from each field in the city of Lahore.

Sampling Technique

Convenient sampling technique was being used.

Study Instrument

A semi-structured interview developed for respondent samples.

Limitation of the study

Due to shortage of time and lack of resources it was not possible to contact individuals are suffering from discriminatory laws on case to case basis, therefore only experts opinion is asserted curtailing the validity of the research study.

Conclusion

“Our whole system needs to be changed. What can be expected from a nation that has no conscience, no morals left? We lack the ability to seek the truth and show goodwill to others. We have not progressed even one step since independence. What we need is a welfare system like Britain’s or Canada’s. All the industrialists have rummaged this country on one pretext or the other. Nobody has done anything for the nation. First of all, we must do away with the Hudood ordinance which is very discriminatory against women. As far as the Shariat Bill is concerned, it should not be implemented under any circumstances. The women of this country is already being exploited and facing much discrimination.”

“The laws of our country are very discriminatory against women. There is so much of domestic violence that it is unbelievable. Every year we receive over 400 such cases. This is not to be confused with the hundreds of calls for help we get from women. Every woman is not brave enough to take the matter to the court and complain against her husband or parents. Most of the times they are economically dependent on them and cannot come forward.”

The fact that, culturally, women are seen as possessions of their husbands sanctions different forms of partner-abuse – verbal, emotional and physical. It relegates wife-battering to the private sphere, discouraging the wife both from seeking help and outside intervention. Specific forms of domestic abuse include Karo-Kari, Watta Satta marriages, stove burning, and disfigurement through acid throwing. In certain parts of the interior, the practice of marrying women to the Holy Quran is still prevalent.

Recommendation

The governments should have adopted measures to improve the status of women;

  • Women do not face discrimination at any level- whether at home at work. Women by providing them equal opportunity in a viable
  • Efforts will therefore be aimed at: ensuring that prevalent negative attitudes, customary practices and harmful traditions that constrain women are changed, through committed efforts at every level; ensuring that all discriminatory laws are reviewed and subsequently repealed; ensuring that all forms of violence against women is eliminated.
  • The policy will be guided by: Principles of equality as per Islamic/ Quranic injunctions and as enshrined in the 1973 Constitution of Pakistan in particular, Articles 25 and 34; the strategic objectives and actions listed in the National Plan of Action.
  • Repeal of all national penal provisions which constitute discrimination against women.
  • Embodying the principle of the equality of men and women in national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
  • Taking all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
  • Taking all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

References

  1. M.K.Chohan | “Islamic Hudood Laws inPakistan”, Khyber Law Publishers Lahore, 1997
  2. Barrister Hassan Farukh |  Al Imran is currently studying LLM in International Law, UK.
  3. Jahangir and Jilani, | The Hudood Ordinances, pp. 134-136.
    1. Sadaf Zahra, | Manual of Hudood Laws in Pakistan, Kausar Brothers, Law Publishers, Lahore 1998

 

Questionnaire

Name……………………….            Age……………………………

Occupation …………………….             Address……………………….

  • Question was asked that are the law is discriminatory?
  • Nature of Discriminatory law is Islamic or UnIslamic?
  • What is the effect of discriminatory law on the status of women?
  • Courts decisions biased towards women due to discriminatory?
  • Discriminatory laws Repealed or Amended:
  • Appointment of Female Judges:
  • Crimes Increase:

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A Study of the Situation of Female Prisoners (Under-trial) In Central Jail, Kotlakhpat, Lahore

INTRODUCTION

Crime has been defined variously as

“An anti act”

“A failure to the standard of contact deemed blinding by the rest of the community. “

“An act or omission forbidden by the law under pain of punishment” (Encyclopedia Britannica 2003)

Crime impairs the overall performance of nation, undermines people’s spiritual and material well-being, compromises human dignity and creates a climate of fear and violence that erodes the quality of life.  (The 7th U.N. Congress 1995)

A criminal is a person who has violated or attempted to violate a law that carries a specific penalty for the illegal conduct. The violation itself is of course called a crime or an offence. The distinction involves the conduct as well as the age of the individual.  (Roganowiez, 1972)

The criminal law, in a variety of subtle but unmistaken ways, would effect the functioning of personalities of members of a society, and act as a social force and educational instruction for imprisonment of certain legal dictates. (Block and Gies, 1970)

It is known fact that social phenomenon, good or bad, is the outcome of functioning of society. Social values, traditions and rituals do contribute in shaping that phenomenon. As it is often said that societies can be known by the crimes they keep; crime in Pakistan has a peculiarity of its own because of the socio-cultural conditions prevailing in the country. Most of the crimes against persons are murders and hurts committed by otherwise normal citizens on account of interpersonal conflicts and social value pressures.(Tariq and Durrani, 1980)

Female convicts are socially neglected and culturally rejected. The kiths and kinsof most of them do not come to see them in prison for months. Even no one is serious to post their bail from jails, although courts want them to be released.(Olakh, 1999)

jails are over crowded and lacking in basic facilities like toilets, clean drinking water, clean bedding, education. Exposed to the harsh and exploitative environment of our jails – Many prisoners are kept with adult. These young ones have scant opportunity for becoming useful citizens after coming out of prison.

Persons also vary according to the regions in which they lived, and the experiences, which they have. These conditions give the prison environment a changing or dynamic character. In spite of these dynamic characteristics, however, the controls which guide the conduct of the prisoners, and the behavior of the officials has changed little from year to year. (Clemmer, 1958)

Research is always needed to find out the exact nature and causes of female crime. Criminal tendencies in one woman may affect the entire family. As it is that mother is the first teacher of child. Wrong lesson at primary stages may lead the child towards understandable behavior. To save the society from psychological social and economic progression and to lessen the possibility of producing criminal children, it would also suggest better measures of prevention and control of female criminality along with recommendations to improve the plight of female convicts in various prisons of the country.(Tariq, 1981)

STATEMENT OF THE PROBLEM

“A STUDY OF THE SITUATION OF FEMALE PRISONERS (UNDERTRIAL) IN CENTRAL JAIL, KTLAKHPAT, LAHORE”

OPERATIONAL DEFINITIONS

For the purpose of present study, various terms were defined operationally, as given below,

CRIME

Commission of act usually deemed socially harmful and dangerous and specifically defined, prohibited and punishable under the law. (Britannica Encyclopedia)

PRISON

Prison mean any place used permanently or temporarily under the general of special orders of the provincial Govt. for the detention of prisoners and included all land and building appurtenant there, but does not include place for the confinement of prisoners who are exclusively in the custody of the police and any place specially appointed by Govt. under section 541 of criminal procedure 1898.(Pakistan Prison Rule 1989)

FEMALE PRISONERS

All young girls, adult, aged females, having under trail cases captured by belligerent power in female section of central jail in Kotlakhpat.

UNDER TRIAL PRISONERS

Those prisoners, who have to spend the period in jail while their case, is under consideration.

UNIVERSE

“In social research, universe universe is the area of study where ther investigation is conducted” (Thomas)

There are two types of universe, as given below,

Geographical Universe

The geographical universe of this study was female section of central jail, Kotlakhpat, Lahore.

Human Universe

Human universe of this study was female under trail prisoners, not including convicted and prisoners involved in clearance cases. 

OBJECTIVES OF THE RESEARCH

  1. To study the personal profile of female prisoners and the reasons of committing crime
  2. To study physical living condition of female prisoner in jail
  3. To understand the psychological condition of female prisoners
  4. To study the female prisoners’ awareness about the utilization of their legal rights

LITERATURE REVIEW

“While growing up in South Asia is a perpetual struggle, to be a non –person. Women bear the greatest burden of human bear the greatest burden of human deprivation in South Asia.” (Mehboob ul haq.2000)

The problems faced by the South Asian in particular fields respectively, in the economy, in there legal system, in education, in health and in Government, underlying the inequalities faced by women in all those areas is one fundamental dilemma.

Total estimated population in Pakistan was 138 million and 66 million females in 2000 and female literacy rate was 25% as a percentage of total female population, female’s share in the economic activity rate as percentage of male in 1997 was 40.3, female life expectancy was 62.59 in 1997. Excluding South Asia, the ratio of females to males in the world is 106 to 100, in South Asia, it is only 94 to 100, a discrepancy suggest in that 79 million women are simply missing——- never born or dying of chronic malnutrition, or never receiving medical care. Similarly, the ingrained preference for boys ensures that girls don’t have same access to education and don’t receive the same level of nutrition. Because legislation has codified male privilege, women remain unable to gain equal access to inheritance or property and face other restrictions——- from Purdah to so-called honor killings——– cultural and religious practices is enshrined in legal codes, measures which discriminate against women are normalized in the legal sphere. (Mehboob ul Haq. 2000)

Some is the situation of females with regard to crime and criminality. Crime and criminals are threatening the world more seriously than any human disaster caused by epidemic or century or any type of welfare against humanity. Crime is a very much on the rise every moment in all, its dangerous, violent, heinous, cruel and merciless and barbarous forms. The crime rate in the entire world is hand in hand with population explosion and on alarming increase.

There are no of definitions of crime in any criminal justice law ofPakistan. Each act specifies what act is omission or commission or violation of the law.

A simple definition of crime is given by Reckless, (1996) that “crime is the omission of an act forbidden by law.”

If we resort to Islamic teachings and rules than Allah almighty commands in the holy Quran who revealed the law (to mosses); there in was guidance and light. By its standard have been judged by the Jews by the prophet who bowed (as in Islam)to Allah’s will by the rabbis and the doctor of law:foreto them was entrusted protection of Allah’s bath and they was witness theirto:there fore fear not men but fear me and sell not my signs for a miserable price. if any do fail to judge by(the light of )what Allah hath revealed they are no better than) unbelieveness.(Al Quran 5;44)

“And verily judgment and justice must indeed come to pass” (al Quran 5;6)

Islam attaches profound respect to the female in her capacity as mother , wife, daughter, sister and aunt .she is the of chastity, modesty, sympathy, love and affection.

“if woman who has husband and children who are not from her paternal relative or her people. that since he is on other try,there is no blood money against her about his crime,(Hadith 43,4b agreed on Bukhari)

The holy Quran has repeatedly has discussed perfect position of females in her roles in family. she is pilot of human civilization. Therefore, being centrifugal in acculturation. Socialization and motivation of next generation she gets the best attention under Islam in view of which she has not been described in any criminality in the historical events related by the holy Quran, expect that she may indulge in fornication or illegal sexuality due to circumstances compulsion of the new around. Female criminality through out the history of Islam has least mention. Women in Pakistanhave remained veiled with a “chador”(sheet) in char Dewar(protected house)with modesty and sanctity. But now female criminality is on the serious rise , every where ,posing, new threat to the humanity top be seriously faced in the 21st century due to increasing feminine activity in daily life affairs.(A.M.Aulokh1999)

Males or females no doubt, ca commit crime although females are traditionally believes to indulge in crime in less frequently, particularly in violent crime. Yet according to the law, both sexes are punishable at equal level on commission of a given crime. how ever , crimes differ in men and women not only in frequently but in nature and type also .crime rate among men is extremely higher than among women.

Sutherland and Cressy, (1970) observed “The crime rate for men is greatly in excess of the rate for women in all nations, all communities within a nation, all age groups all periods of history for which organized statistics are available and for all types of crimes except those peculiar to women, such as infanticide and abortion.”

Criminality of women is even more complicated, less understood, and is not subject to easy control. It is mainly because most of the females crimes are concealed and female’s offenders usually escape the law. The pervasiveness of the belief in the relative insignificance of female criminality is also responsible for the comparative lack of knowledge about female criminality. Smart (1987) remarks…. “This belief in the insignificance of the actions of women, the assumption that women are inessential and invisible is not peculiar to the domain of criminology or the sociology of deviance; on the contrary, it is a feature of all aspects of sociology and academic thought.”

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KINDS OF DIVORCE

It is further laid down that no divorce may be made absolute save after the woman’s period of purification after menstruation or childbirth is completed. This need to wait awhile often proves a breathing-space in which the man’s feelings of tenderness once more assert themselves over his irritations, and make him decide against divorce.

Further when a man finds sharing his life with a particular woman wearisome and irksome and decides on divorce, this decision of his does not suffice in itself to end their living together not does it become effective until the expiry of the “Iddat“, i.e. the period fixed by the Feqh during which a divorced or widowed woman may not be married to another man: and this period also gives a breathing-space which frequently results in the man’s change of heart and decision to continue the married bond with the wife he planned to divorce.

To make the problem of divorce vivid, divorce has been categorized ito three forms as given below,

  1. Talaq-i-raj’
  2. Talaq-i-bain’
  3. Talaq-i-mughlaz’

TALAQ-I-RAJI

It is the divorce from which woman’s Nikah will not terminates immediately. Finally, after the execution of the formalities for a “revocable divorce” (Talaq-i-raj’) a man may not expel his wife from the home until the termination of the period of the “iddat” which may last anything up to three months, nor may the wife quit their joint home except in a desperately exceptional case during that period.

As the Sura LXV “Talaq“Divorce” enacts (verse 1):

 “You may not expel women from their houses, nor may they themselves quit, except if they have been proven guilty of some open lewdness (during the “iddat” period). These are limits set by God. Should any man transgress these limits he does so at the peril of his own soul, and to his own harm: for you know not whether God may bring about some new situation later (than the decision to divorce).”

TALAQ-I-BA’EN

It is the divorce after that women will no more wife of her husband whether it is during the iddat period or afterwards.

TALAQ-I-MUGHALLAZA

It is the form of divorce after that spouses are terminated from their legal relationship of husband and wife and also they can not remarry whenever there is no Halala. Halala is occurred after three divorces whether they are at once or within specific period.

CATAGORIES OF DIVORCE WIWTH RESPECT TO SUNNAH AND BID’AT

There are three categories of talaq as given below,

  •       TALAQ-I-HASAN
  •       TALAQ-I-EHSAN
  •       TALAQ-I-BID’AT

TALAQ-I-HASAN

It is that talaq which is being given to woman by man one by one in three periods of tuher “purification” and did not have sexual intercourse in that period.

TALAQ-I-EHSAN

The talaq, a man gives one talaq to his wife in one tuher and will not have sexual intercourse even then the passage of iddat period.

TALAQ-I-BID’AT 

There can be different forms of it. For example, talaq has been given in the period of menses or tuher or “purification” period during which she had been intercourse or in one purification period, two or more than two divorces had been given to her. In all these situations, talaq will be valid the man who had done so, will do sin.

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Business Plan

NAME OF BUSINESS 

 Trend Setters

SLOGAN

“We can mould your imagination”

LOGO

 

 INTRODUCTION

The business is started with the vision to gain financial independence and to satisfy the creative skills. the strong motive behind the idea was to chanelise the personal skills, we have has in ourself and set new trends in the field of interior decoration. This is how we selected this field as a major area of our business plan. The work will be in accordance with market demand and customers satisfaction will be prioritize, the services provided will be customer oriented and finally every possible struggle will be done to keep the quality, quantity performance and service at an exceptionally good level.

LEGEL STRUCTURE

The legal structure of the business is based on parternership.

The business will be shared by two partners as given below

1. Active partner

2. Sleeping partner /financer

ACTIVE PARTNER

Active partner is the prominent person who will manage the whole project. He is the person, who have full knowledge and skill over the work. He has done interior designing courses and he will check all the balances, projects publicity campaigns of the business.

SLEEPING /PASSIVE PARTNER

The sleeping partner will invest the whole amount of lac rupees by himself in two steps.

The first step will involve the investment for the site as a show room & contact office for the business.

The second step will involve the investment on the manufactures of different articles present in the show room and the final & third step is the launching of publicity campaign as planned at the marketing level.

So the sleeping partner is only responsible to invest money and take profits from the business and the active member will put all his efforts to run the business.

The share of the profits is in the following manner

  • 30% share of profit is for sleeping partner.
  • 70% share of profit is for active.

The profit will include the amount residuary after all deductions.

OUR PRODUCTS

We will focus on following items in start:

Wrought iron articles (tables, chairs, beds etc.) wall carving /wall wood work. Our secondary services for complete decoration of a place will include carpets, lamps. Wall hangings.

MARKET AREA

At start our marketing area is neighborhood and as our business will grow we will expend it to national level by opening our branches in different parts of Pakistan.

COMPETITION

Our primary competitors are all the interior decorators in the areas of model town, town ship and faisal town , garden town.

OUR SPECIALITY

  • Our business will benefit with following specialty:
  • Our idea will be unique and new
  • We will present our articles in all forms western, classical, oriental and mixed looks with embossed, carving colour scheme.

The most important thing is that  we will patent every design of ours so that no one else could cheat us and our difference remains in the market . Our service and customer satisfaction approach will also be our distinction.

SERVICE QUALITY

The partners have firm belief that there will be no compromise on quality and we will try to present best quality products to earn our customers faith.

BUSINESS DEMAND CREATION

For the creation of demand for our products in the community following techniques & tactics will be utilized by true

1. Hand bills    50thousands.

2. Hanging banners on roads, 5 roads of rupees 10 thousands.

3. Cable advertisement 6 yellow pages.

4. Exhibition at site.

5. Model town community centre … displays of our articles… overall profit…..5%

always for publicity and marketing.

At start of our business ———– 2 lac for publicity campaign..

SUPPLY

Raw wood, wrought, iron , colours ,paints .wood things  flowers.

PRICING OF ARTICLES

1. One chair of wrought iron. Raw chair is of 2000  after furnishing & change it is

of 4.5 thousand rupees for sale.

…to be continued

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