Pakistan’s leading rights body expresses ‘grave concern’ as Punjab passes defamation law

Newly elected members take oath at the provincial legislature of Pakistan’s Punjab Assembly in Lahore on February 23, 2024. (AFP/File)
Short Url
Updated 21 May 2024
Follow

Pakistan’s leading rights body expresses ‘grave concern’ as Punjab passes defamation law

  • Bill proposes special tribunals to decide cases within six months, issue hefty fines to persons for spreading “fake news”
  • Human Rights Commission of Pakistan says bill would serve as a “huge blow to freedom of expression and dissent”

ISLAMABAD: Pakistan’s leading rights body this week expressed “grave concern” over a defamation bill passed by the Punjab Assembly that empowers special tribunals to impose hefty fines on persons found guilty of peddling fake news, saying it would lead to a clampdown on freedom of speech and expression in the country. 

The bill empowers the government to establish a special tribunal to try those involved in drafting, publishing and/or airing “fake news.” The tribunal shall decide the case within six months and may impose a fine of up to Rs3 million ($10,770). However, when cases against individuals who hold constitutional posts are heard, the high court will hear them.

The bill also states that the government will provide legal assistance to women and transgender individuals in defamation cases through a legal team. The bill was tabled by Punjab Finance Minister Mujtaba Shujaur Rehman in the assembly on Monday, ignoring calls from the Pakistan Federal Union of Journalists (PFUJ) and other media bodies to delay voting on it. 

A ruckus ensued in the assembly with opposition lawmakers tearing copies of it and shouting slogans after the house passed it through a voice vote. Journalists present in the press gallery staged a walkout, saying the bill attempts to silence dissent. 

“The Human Rights Commission of Pakistan (HRCP) has expressed grave concern over the draft defamation bill tabled in the Punjab Assembly,” the HRCP said in a statement on Monday. 

The HRCP pointed out that the bill proposes a parallel structure to adjudicate defamation claims, adding that it has always opposed the same on the grounds that such measures “invariably violate fundamental rights and other universally accepted norms governing the fair functioning of the judiciary.”

It also raised alarm over the fact that the bill empowers the government to set up defamation tribunals and appoint judges at higher allowances and benefits than what are available to the existing provincial judiciary functioning at the district level. 

The HRCP said the bill states that defamation claims have to be resolved within 180 days and proposes authorizing tribunals to issue preliminary decrees up to Rs3 million without trial on receiving a defamation claim. 

“This will be a huge blow to freedom of expression and dissent,” the rights body said. “Such orders are likely to be passed without following due process and ensuring fair trials.”

The HRCP highlighted that the bill creates a “special category” of constitutional officeholders such as the prime minister, chief justices and military chiefs, among others. Defamation claims against these members would be heard by a one-member tribunal comprising a judge of the Lahore High Court. 

“This provision violates the principle of equality of citizens and equality before the law,” it said. 

Meanwhile, Punjab Information Minister Azma Bokhari last week defended the bill, saying its main purpose was to stop the spread of lies and defamation. 

“A person who lies under the guise of a journalist with a specific agenda will face the music under this proposed law,” Bokhari told journalists during a news conference on Wednesday. 

Bokhari said some articles peddling fake news which were published in Pakistan could not be published in other countries due to the stringent laws there that hamper such practices. 

“After this law, no one can be blackmailed,” she said. “Freedom of expression can neither be restricted, nor will be allowed to commit wrongdoing.”

Media bodies have often cited Pakistan as one of the most dangerous countries for journalists. The International Federation of Journalists (IFJ) on May 3 released its country report on Pakistan in which it said over 300 journalists and bloggers were affected by state coercion in the course of a year.  

The report said dozens of journalists were arrested this year for durations between several hours to four weeks and nearly 60 were served legal notices or summons for their journalism work or personal dissent online. 
 


Separated twice: An Afghan man’s life in Pakistan and the fear of losing home again

Updated 4 sec ago
Follow

Separated twice: An Afghan man’s life in Pakistan and the fear of losing home again

  • Lost as a child in Peshawar, Mohammad Rahim Khan built a life in Pakistan but remains undocumented
  • Deportation drive of ‘illegal’ foreigners exposes legal gaps around adoption, marriage, refugee status

ISLAMABAD: Mohammad Rahim Khan was five years old when he last saw his mother.

It was at the Hajji Camp bus stop in Pakistan’s northwestern city of Peshawar, more than four decades ago. His mother, an Afghan refugee fleeing war, had brought him across the Tari Mangal border in Kurram district and into Pakistan. While waiting at the crowded terminal, Khan wandered to a nearby toy shop. When he returned, she was gone.

He searched for her for two days. She never came back.

A local shopkeeper, Ali Muhammad, took pity on the child and brought him home, promising to help find his family. The temporary shelter became permanent. Khan grew up in Pakistan, adopted informally into the household, and never returned to Afghanistan.

Now 45, he lives on the outskirts of Islamabad in a modest two-room house, working as a daily wage laborer. But a nationwide deportation drive launched by Pakistan in 2023 has placed his entire life under threat.

Since November 2023, authorities have deported nearly 2 million Afghan nationals, targeting those without legal documentation. Khan, who has remained undocumented throughout his adult life, fears he may soon be among them.

“I spoke to my lawyer that I am very worried,” Khan told Arab News. “I love Pakistan.”

A FAMILY WITHOUT PAPERS

Ali Muhammad later married Khan to his daughter, Gul Mina. Together, they have six children, four daughters and two sons. Yet despite decades in Pakistan, Khan’s Afghan nationality continues to shadow the family.

Khan never held an Afghan refugee card, Afghan Citizen Card (ACC), Proof of Registration (POR), or any other formal documentation. His family assumed for decades that his informal adoption, marriage to a Pakistani citizen, and long residence would provide sufficient legal standing. They only sought legal advice when the deportation drive began threatening separation.

Without a Pakistani national identity card, his children cannot obtain Form-B, the birth registration document required for school enrolment.

“They [children] are told to get a Form-B,” Gul Mina told Arab News. “Otherwise, they will not go to school.”

Three of their daughters were forced to leave school after eighth grade.

Healthcare has also been affected. When Khan’s 13-year-old son, Ehsanullah, fractured his arm, a public hospital refused to issue a registration card without identity documents.

“Then I went to a [private clinic] in Chak Shahzad and got my treatment there,” Khan said.

The family has petitioned the Islamabad High Court to block his deportation. Lawyers say the case highlights how thousands of long-term residents fall through legal cracks created by Pakistan’s citizenship, refugee and documentation framework.

LEGAL GREY ZONE

Pakistan does not legally recognize Western-style adoption. Instead, it uses a guardianship system under the 1890 Guardians and Wards Act, aligning with Islamic principles that preserve lineage, so adopted children don’t inherit or change their family name but receive care, education and welfare through court-appointed guardianship.

“Because we don’t have a legal pathway for adoption per se, the adopted child does not get citizenship of the adopting parents automatically,” said Advocate Umer Ijaz Gillani, a legal expert on citizenship.

Years earlier, Khan’s father-in-law had offered to register him as his biological son to obtain identity documents, but Khan refused, calling the move fraudulent. Because Khan later married his father-in-law’s daughter, both he and his wife cannot legally list the same person as their father on official records, leaving them without a lawful workaround.

Marriage offers no certainty either. Pakistan’s Citizenship Act of 1951 grants citizenship to foreign women married to Pakistani men, but is silent on foreign husbands married to Pakistani women.

While higher courts have, at times, ruled in favor of such men, implementation has been inconsistent. In October 2025, the Supreme Court struck down a high court order that had directed authorities to grant citizenship to an Afghan man married to a Pakistani woman.

Even the Pakistan Origin Card (POC), a long-term residency document, remains difficult to secure.

“We have experienced that in the case of especially Afghan men who marry Pakistani women, the government authorities are often reluctant to recognize this right,” Gillani said.

According to submissions made by government officials in court, authorities have received at least 117 applications for nationality from Afghan men married to Pakistani women following directives issued by the Peshawar High Court, reflecting a broader pattern rather than isolated cases.

‘NO RELAXATION’

Officials say the deportation policy allows no exceptions.

“No relaxation has been granted by the government, including for those who’ve married to Pakistani citizens,” said Asmatullah Shah, the chief commissionerate for Afghan refugees.

“If they want to live here, they should go back and apply for a visa and then they can come here with valid documentation.”

Legal experts note that deportation would send Khan to Afghanistan despite having no known relatives there, and that returning legally would require obtaining an Afghan passport and a Pakistani visa, costs far beyond the means of a daily wage laborer.

For Khan’s mother-in-law, Husn Pari, who raised him for decades as her own son, the prospect is devastating.

“When I am not able to meet [Khan] for one day, my day does not pass,” she said. “His own mother, how much pain must she be in?”

For Khan, the fear of deportation echoes the trauma of his childhood.

“Before I was separated from my first mother,” he said. “The second time I will be separated from my second mother. This is very difficult for me.”