HUMAN RIGHTS VIOLATION IN PAKISTAN CAUSES FACTORS TRIGGERS AND ADDRESSING LEGISLATION

http://dx.doi.org/10.31703/glsr.2024(IX-I).04      10.31703/glsr.2024(IX-I).04      Published : Mar 2024
Authored by : Badar Jamil , Muhammad Tahir

04 Pages : 44-54

    Abstract

    Our study helps in finding the Causes, Factors, and triggers of Human rights violations, we have conducted a survey with a limited Population and also analyzed the Available legislation regarding the topic, we find that there are several causes of Human rights violations, one of the main reason is Social Cohesion, Corruption, and political unrest. Our study also shows the diverse opinions of the candidates whose rights have been violated due to many reasons, although there are available laws that safeguard the rights of the individual still room for better policy making and other is required, the brief overlooks the policy reforms with strengthen the Governmental body is crucial to address and fight the issue.

    Key Words

    Child Maltreatment, Pakistan, PIHRO, Experimental Design, Psychological Impact, Intervention Strategies, Human Welfare, Policy Recommendations, Blasphemy Law

    Introduction

    Human Rights violations are rooted in various causes one of the common is political instability, Corruption, Terrorism, and weaker enforcement of Law, this may lead to abuses, including extra Judicial Killing, Torture, Restriction of Freedom, and Religious persecution. 

    In this article we are going to examine the vast behavior of the Violator by going through the opinion of the Victims of Human Rights Violations, we will also be studying and analyzing the available reports that were published either by any official author or by any Researcher, this will give as a broad understanding of the pattern, that why these violations should take place and what would be the solution to such offenses. 


    Objectives of the Study

    ? Identify the causes and triggers of Violations.

    ? evaluate the effectiveness of available litigation regarding such violations

    ? Recommendation to avoid such violations. 

    Literature Review

    Human Rights violations are rooted in various causes one of the common is political instability, Corruption, Terrorism, and weaker enforcement of Law, this may lead to abuses, including extra Judicial Killing, Torture, Restriction of Freedom, and Religious persecution. 

    In this article we are going to examine the vast behavior of the Violator by going through the opinion of the Victims of Human Rights Violations, we will also be studying and analyzing the available reports that were published either by any official author or by any Researcher, this will give as a broad understanding of the pattern, that why these violations should take place and what would be the solution to such offenses. 


    Objectives of the Study

    ? Identify the causes and triggers of Violations.

    ? evaluate the effectiveness of available litigation regarding such violations

    ? Recommendation to avoid such violations. 


    Literature Review

    The HRCP also known as the Human Rights Commission of Pakistan is the official body that kept a record of violations in its report of 2012 highlighted various Judicial Killings, disappearance, and suppression of Freedom of Speech (HRCP, 2013), further, Amnesty International Report also mentioned some of the death Sentence figures in his report in 2015, showing that more than 1600 people have sentences with capital punishment (Amnesty International, 2016). In the search for the Key contribution, the report published by Human Rights Watch and UNODC found the following factors:


    Key Factors Contributing to Human Rights Violations

    Political Instability and Governance Issues

    The Amnesty International Report 2017, states that the Political instability in Pakistan is also a basic reason for human rights violations (Amnesty International 2017), this report outlines how the political turmoil affects the governance and can lead to misuse of power due to Lack of accountability. 


    Socio-economic Disparities

    Specific social groups including minorities may face the abuse, as they do not have direct access to essential services, in such regard a Report published by HRCP in 2017, namely "A Meaningful Democracy: Mainstreaming Rights of Women and Religious Minorities" highlights how socio-economic inequalities exacerbate the vulnerability of these groups to human rights abuses.


    Impact of Terrorism and Security Operations

    A report published by the amnesty international in 2013 with the topic of "Will I be next?" Documents the killings and collateral damages caused by countering Terrorism Operations, whereas the public is already vulnerable to terrorist attacks in such conditions the security operation could also lead to causalities to innocent lives (HRCP, 2020), another report by Amnesty International also discussed how the military tribal areas have lead to widespread displacement due to Human Right abuse (Amnesty International, 2013). 


    Cultural and Religious Dynamics

    Pakistan, a country which is known for its diverse religions, also has a negative impact, where according to a report published by the International Human Rights Watch 2023, stated that there are various Hindus, Christians, Ahmadis, and other minority groups face violation due to their faith, religion and culture (HRW, 2023)


    Legislation on Human Rights in Pakistan: Historical to Current Era

    Although the constitution of Pakistan 1973, assures individual rights, the loopholes in the available laws needed modification and alteration, here we have discussed the effectiveness and challenges associated with such laws. 


    Historical Development of Human Rights Legislation

    Pre-Independence Era

    The Pakistani Legal System is rooted in Colonial British Rule, the Telegraphy Act of 1885, is a remarkable act regulating Privacy in Technologies, It was adopted in The Wireless and Telegraphy Act of 1933, which is considered a Landmark for giving the right to freedom of Speech. 


    Post-Independence Period

    After gaining independence, the Pakistani Legislative body formed its constitution in 1956, which came into amendment and later the 1973 constitution was built, these constitutions have a remarkable place in the Universal Declaration of Human Rights, not only safeguarding the rights of individuals but also Religious minorities.


    Key Legislative Measures and Their Interpretations

    Blasphemy Laws

    Pakistan Penal Code (PPC), has particular Sections 295-B and 295-C, which were established to safeguard religious sentiments (Amnesty International, 2016). Surprisingly over the last many years, some extremists used the said Law for their own means, in this regard the recent Statement made by the Ministry of Religious Affairs, that Religious matters should be dealt with by the government and no individual is liable to take the Law in hand is highly commendable. 


    Anti-Terrorism Legislation

    Pakistan is a country where the terrorism issue is always problematic for governance, in such regard the Anti-Terrorism Act 1997, was introduced to counter-terrorism (Amnesty International 2016). 


    Electronic Crimes Legislation

    As the Technological World evolved around us crime related to technologies also started to rise, for such regards the Prevention of Electronic Crime Act (PECA) 2016, was a remarkable effort by the Government of Pakistan, where the establishment of an online complaints management system has strengthened and also provide a fair opportunity to victims for reporting and getting Justice (Amnesty International, 2016).


    Fair Trial Act

    The Fair Trial Act of 2013 aimed to balance the need for security with individual rights to privacy and a fair trial. However, the implementation of this act has faced challenges, particularly in ensuring that evidence is collected without infringing on basic human rights, further more due to available machinery and traditional practices of Criminal trial this Act needs a long way.

    Current Legal Landscape and Discussion

    Constitutional Provisions

    The Constitution of Pakistan remains the cornerstone of the legal framework for human rights. It guarantees fundamental rights, including the right to life, liberty, and equality before the law, and freedom of speech, assembly, and religion. However, the actual realization of these rights is often impeded by socio-political dynamics and weak enforcement mechanisms (HRCP, 2013).


    Recent Legislative Developments

    Following are some of the recent Legislation proposed by the Government to safeguard the basic rights of individuals. 

    ? Protection of Journalists and Media Professionals Act 2021 

    ? Domestic Violence (Prevention and Protection) Act 2012

    ? Parent Protection Act 2021

    ? The Lawyer Welfare and Protection Act 2023


    Challenges and Effectiveness

    The Available Laws of Pakistan, although have a remarkable standing, and also have significant importance in the overall well-being, but on the other hand, some factors, like political unrest, extreme religious sentiments, and Terrorism have led to various challenges. One of the most common challenges is not reporting, along with a lack of knowledge about the rights, it is pertinent to state here that many of the individuals living in Pakistan are unaware of their fundamental rights (HRW, 2020).


    Methodology

    we have adopted a quantitative approach for our study where we gather the opinion of various individuals. The populations were divided into two groups one group is of victims, whereas the second group belongs to the officials who are working and fighting against violations related to Human Rights. The questionnaire having close-ended questions was distributed, keeping ethical considerations in mind, the population was free to answer the question or if they found it inappropriate they were free to withdraw their opinions.


    Data Analysis

    The population under study comprised victims, their relatives, and stakeholders involved in addressing the issue of child maltreatment. Sampling methods prioritized sensitivity towards victims' families, ensuring ethical considerations were met. Research instruments included Questionnaires and interviews to measure participants' experiences and perceptions before and after interventions. Data collection involved in-depth Questions of candidates' conditions and emotions, followed by semi-structured interviews to gather qualitative insights. Data analysis was conducted using descriptive analysis to examine the collected data.

    Results

    Results of Group 'A'

    Tin group include victims and their close relatives. Victims were individual interview and then observed, after making them comfortable, the general discussion was done just to make them comfortable. After individuals get comfortable objectionnaire will be given which will be explained and then asked to fill it, by having their discussed view about every objection.

    Our Results have two sections as we have made two groups of our Research both groups analyzed differently. And results here.

     

    Group 1 Results

    This group consists of Victims, and family members, who at some time in their lives face violations from individuals, authorities, etc. These groups were analyzed during the interview session every one of them was interviewed for about 50-60 minutes, during in time they were asked to fill questionnaire and moreover explained their Objection. General Discussion regarding moreover continues which is being noted down for additional research if needed. As a matter of consciousness we used the rule of linnet objection first and after they got comfortable started the survey.


     

    Table 1

    Objections

    Results

    Statement

    Result

    Statement

    Ratio

    Does Human rights exist in Pakistan

    90%

    No existence Found

    10%

    Existed but not accusable easily

    9:1

    Do you Think Laws up to  mark

    60%

    Not up to  mark

    40%

    Up to  mark

    3:2

    Do Authorities Support you

    80%

    Supportive role of Official Not Found

    20%

    Police Support

    4:1

    Does Political Influence exist in your case

    70%

    Mostly Politician Influenced

    30%

    No Political Influence Found

    7:3

    Do Violations done due to  your community issues

    80%

    Via Different Communities

    20%

    No Community can involve its matter of Individuality

    4:1

    What do you think about the Role of the Judicial System

    60%

    Fails Due to  Unavailability of Evidence

    40%

    Helps victim

    3:2

    Can Public Awareness would be helpful

    100%

    Yes

    0%

    No

    1:0

    Role of Police

    40%

    Fails

    60%

    Favors

    2:3

    Role of NGO(s)

    70%

    Agrees

    30%

    Against

    7:3

     


    We asked the population what their view regarding Human Rights is and what they actually think about Human Rights Protection in Pakistan, we got colored answers as generally 90% of the Population have a view that no or anything regarding Human rights exists in Pakistan. until and unless you have a good source or you are financially stable. other 10% of the population have views that Pakistan has Human Rights Protection, the only thing which has to be analyzed to knock on the correct door.

    On Objection Regarding Laws, 60% of the population have views that existing laws are not up to mark and proper and strict legislation extremely needed to get Justice to victims, whereas 40% of the Population thinks that existing laws have all components to tackle the problem if authorities decide to work honestly.

    We additionally have objections regarding the Authority's role which 80% of the population is against, having statement that most violations are done via authorities, which is moreover called white collar crimes, but in reality, Authorized persons are more committer of Violation regarding Human Rights, whereas 20% of the population agrees on role of Authorities were up to mark, as they have opinion if lower Authorities do some unlawful activities, we have way to go and report matter to  Higher Authorities which would be helpful.

    We moreover asked about Research Group's objection about political influence, in which we get 70% of the population agrees that political influence harsh reality, and many times politicians favor committer of Human rights violations whereas 30% of the population thinks that Political influencing in Human rights violation doesn't exist.

    Violation Due to  Community Objection, as Pakistan suffers commencing  Religious Extremism, where Religious Persecution of Ahmadis, Shia Sunni Collapse, and other Communal Cascends exist, our population has viewed that 80% of Human Rights cases were reported due to differences in Communities, where one community try to let down other, whereas 20% of Population thinks that these violations have nothing to do through communities, and people themselves having their personal grudges on other commit these violations.

    we asked the Population how these violations can stop, and we got many suggestions including the Role of Police could be helpful at 20%, Public Awareness at 20%, Following Haqoq ul Ibad at 30%, and Education at 30%. 

    Figure 1

    The Role of the Judicial System again simple but sound objection in said research where 60% population thinks that the Judicial System relies on Evidence and proof, which is unavailable, many times due to lack of evidence victims don't get proper justice, and culprits move freely, 40% of the population have views that Judicial System to liniently handle matters, as many undecided cases pending, so new courts which have agenda to decide only Human Right Violation case should be made to get proper and better results. 

    On Objection Regarding Public Awareness, 100% of the population agrees, extremely necessary to develop an antiquated society where no one can violate others' rights. It is the only way to develop society as well as people of well well-developed society.

    We moreover asked objections about the Role of 

    Police, for which our population thinks that 40% times Police fail to provide better and Legal results to victims and other Authorities, including NGOs will be helpful, whereas 60% of the population strongly believes that Police have helped by asking for favors, including bribes and other types of gifts and favors. as current Police System after the appointment of New Police Chief evolving but would take time.

    The answer to an objection regarding harassment is unexpected, population of research has named many harassments in which some Unprofessional Behaviors commencing officials 10%, treating of Dire consequences 10%, Public Harassment 20%, underestimating victims 20%, Physical Harassment via a committee of Violation and To during 15%, Mental Harassment 15. these figures which common. 

    Figure 2

    On Objection Regarding the role of NGOs, 70% of the Population agrees that the role is remarkable and they helped a lot in their cases where whereas 30% of the Population have the opinion that the role of NGOs is good but alone cannot do anything without out the help of Authorities. role of NGO(s) here for our perusal.

    ? Making understand victims about their rights

    ? Legal Help

    ? Meeting through  Authorities

    ? helping in case

    ? Other favors regarding their case. etc

    We moreover asked the population of our research what their opinion about Human rights and Society was, the the answers were the bitter reality of today and disastrous for tomorrow, think about the future where no one cares about others. moreover, if these type of violations continues to be a huge barrier in thinking of society (20%), any individual can just pass a law and violate anyone's right (20%), those society will be a very difficult place to ascend children (20%), Religious Tolerance will end (30%), everyone will think that they can become judge and Jury (10%). in summary, the society where we live hub of emotion if this violation occurs those emotions are destroyed in a second, the tolerance level decreases, and society becomes the hub of criminals and offenders.

    Figure 3

    These types of violations do not affect society but moreover mindset of the Young generation, their capacity to think will be limited, and being such a society allows them to humiliate anyone, which is extremely dangerous. The fact that Pakistan is on top of the chart of violations due to our youth after they tried to leave Pakistan to settle abroad as those countries developed and human rights values too far commencing  Pakistan.

     

    Results Group 'B"

    This group consists of Authorities and NGO members, who to some extent help victims and their families to get justice. These groups are moreover being analyzed during interview sessions. Every one of them was interviewed for about 50-60 mins, during the time they were asked to fill the objection are and moreover explained to them about Objection in it. General Discussion regarding the topic moreover continued which is noted down for additional research if needed. we get every and every detail regarding the topic moreover their opinion regarding the topic moreover entertained. Their valuable suggestions were noted down for additional research.


     

    Table 2

    Objection

    Result

    Statement

    Result

    Statement

    Ratio

    Does Human Right Protection Exist in Pakistan

    70%

    In favor

    30%

    Against

    7:3

    Do you Think Laws up to  mark

    50%

    Not Up to  Mark

    50%

    Up to  Mark

    1:1

    Do victims approach you

    75%

    No

    25%

    Yes

    3:1

    Does Political Influence exist in cases

    80%

    Yes

    20%

    No

    4:1

    What are your views on minority rights

    90%

    Existed

    10%

    Not Existed

    9:1

    Does violation via any individual be blamed on  the whole community

    30%

    Yes

    70%

    No

    3:7

    What do you think about the Role of the Judicial System

    60%

    Favor

    40%

    Against

    3:2

    Can Public Awareness would be helpful

    100%

    Yes

    0%

    No

    1:0

    Role of Police

    50%

    Favor

    50%

    Against

    1:1

    Do you think victims suffer  commencing  harassment after being victims of human rights violation

    90%

    Yes

    10%

    No

    9:1

    Role of  NGO(s)

    60%

    favor

    40%

    Against

    3:2

     


    We have asked the population what their view regarding Human Rights and what they actually think Human Rights Protection exists in Pakistan, The Answer commencing group is not different from commencing group A, 70% of the population viewed human rights Protection as available but people do not see much interest in them while remaining 30% thinks that Human Right Protection service like other services in Pakistan which can only be avail via upper-class society, who have enough sources. the remaining population of Pakistan doesn't get the fruit of human rights, eventually, they have been many times arrested for violating the human rights Laws of the upper class.

    On Objection Regarding Laws, 50% of the population views that existing laws are not up to mark and proper and strict legislation is extremely needed to get Justice to victims, whereas 50% of the Population thinks that existing Laws have all components to tackle the problem if authorities decide to work honestly.

    We additionally have objections regarding the Authority's role which 75% of the population is against, they have views that Authorities know what human rights but they use them to tackle people and favor those who they want to be favored, whereas 25% of the population agrees on the role of Authorities were up to mark, having Mohtasab area (Ombudsman) and other plat built available in said where the victim can easily approach and sort.

    In answer to Objection Regarding Political Influence, 80% of the population views those people who somewhere connected to politicians or political parties violate Human Rights 2013, Laws, through Fear of any Law of the Land because they think that their Political Leader will always and on their behalf they can do whatever they want whereas 20% of the population have views that Politicians nothing to do through  Human Rights in era politician to victims of Human rights.

    Human Rights and Minorities too sensitive Objection to ask, Pakistan country of various races, Religion, and Communities, Our constitution has a prominent and different place for minorities, Even Quid Azam Muhammad Ali Jinnah in their First Speech after Independence said " that you free to go anywhere, any place of Worship you want" but unfortunately Human Rights violation among Minorities ratio wise to high 90% of Population thinks that Human right Violation on Minorities really exist and it's bitter truth, whereas 10% of the population have opinion that Minorities not only victims they share their place equally through other victims.

    On Objection that Dos any Individual offender offense marked whole community fault, for which 30% have an opinion that mindset commencing noble person of community to do or don't for anything, whereas 70% strictly Deny that we cannot blame any community if any individual does something wrong.

    we asked the Population that how these violations occur, and we got a different variety of Answers, 30% think that due to illiteracy, 20% think due to tolerance level this offense happens, 40% think that sometimes trigging agents can trigger someone to commit Violation in name of Religion, self-respect or any other cause, and atlas 10% of the population thinks that causes due to personal grudges on any other person.

    Figure 4

    The Role of the Judicial System again has simple but sound objection in said research. 60% of the Population agrees that the Judicial System of Pakistan favors victims of Human Rights and fully Supports the commencing  Judicial System in Pakistan, whereas 40% of the Population view that the Judicial System depends upon Evidence and witnesses, where some time due to unavailability and malafideness of offender fails Judicial system to decide correct Verdict. 

    On Objection Regarding Public Awareness, 100% of the population agrees, extremely necessary to develop antiquate of Society, but only awareness is not necessary its global cause and every and every person in the country should work for it, in an only way not only to minus offenders but moreover make Nation better.

    We moreover asked about objections about the Role of the Police, for which our population thinks that 50% time Police fails to provide better and Legal results to victims and other Authorities, including NGOs will be helpful, whereas 50% of the population strongly believes that Police have helped Any other authority will not do anything if Police could not show their positive role.

    The answer to an objection regarding harassment is that 80% of the Population experienced victim after getting violated via Human rights violations harassed by officials, offenders, or other people to draw their case, etc, while 20% of the population have an opinion to tally different commencing first they didn't find any harassment after an incident happens to the victim.

    On Objection Regarding the role of NGOs 60% of the Population agrees that the role is remarkable and they helped a lot in their cases where whereas 40% of the Population have the opinion that the role of NGOs is good but alone cannot do anything without out help of Authorities. The role of NGO(s) was previously discussed during the detailed results of Group 1.

    in the end, we asked again the same objection which asked via a group what individual thinks the impact of this violation on the Nation and Society when getting answers that support 20% to  Decreasing of Tolerance Level and at some extent tolerance level will totally vanish, 30% of Population thinks that such incident effect mentality of youth and children, they adopt that violation, not any crime and no problem to violate any Right of anyone living in society, 30 Percent of Population agrees that ratio of Law trespassing will increase, and if there is no Law then what's different in Human and animals, 20% thinks that could directly effect on society as a society in which such circumstances happen on their own, not better place for Physical and Mental Development, Judicial System will fail, etc.

    Figure 5

    Suggestions

    Expand Geographic Scope: Consider extending the research to include more regions, ensuring a comprehensive understanding of child maltreatment across diverse cultural and socio-economic contexts in Pakistan.

    Longitudinal Study:  it is needed to implement a longitudinal Study in order to track the changes over time, which would help in giving a better 

    structure and policy reforms.

    Mixed Methods Approach: The diverse opinions regarding the violations need a comprehensive approach and in such regard mixed method approach is also suggested for the upcoming researchers.

    Ethical Consideration: As the violation of Human Rights is itself a sensitive topic, hence the researcher who is willing to conduct the research should be trained to maintain ethical consideration regarding the matter. 

    Community Involvement: The Community Leaders and Governmental bodies should collaborate and find the issues so they can be addressed accordingly. 

    Policy Recommendations: A continuous overview of the policies and if any alteration or upgrade is required, the same should be done on a priority basis.

    Awareness Campaigns: The common man of the country should be aware of his rights, for the said purpose the awareness campaign should be conducted.

    Collaborative Efforts: Civil Society and NGOs should be called for collaboration in order to highlight the weak points so they can be addressed accordingly. 

    Conclusion

    Our study contributes to the understanding of human rights violations in Pakistan. The involvement of the Human Rights Commission and the opinion of experts shows the importance of a collaborative and well-rounded approach to addressing issues. The findings and recommendations aim to inform policy, improve support systems, and ultimately contribute to the welfare and protection of children in Pakistan.

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Cite this article

    APA : Jamil, B., & Tahir, M. (2024). Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation. Global Legal Studies Review, IX(I), 44-54. https://doi.org/10.31703/glsr.2024(IX-I).04
    CHICAGO : Jamil, Badar, and Muhammad Tahir. 2024. "Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation." Global Legal Studies Review, IX (I): 44-54 doi: 10.31703/glsr.2024(IX-I).04
    HARVARD : JAMIL, B. & TAHIR, M. 2024. Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation. Global Legal Studies Review, IX, 44-54.
    MHRA : Jamil, Badar, and Muhammad Tahir. 2024. "Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation." Global Legal Studies Review, IX: 44-54
    MLA : Jamil, Badar, and Muhammad Tahir. "Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation." Global Legal Studies Review, IX.I (2024): 44-54 Print.
    OXFORD : Jamil, Badar and Tahir, Muhammad (2024), "Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation", Global Legal Studies Review, IX (I), 44-54
    TURABIAN : Jamil, Badar, and Muhammad Tahir. "Human Rights Violation in Pakistan: Causes, Factors, Triggers and Addressing Legislation." Global Legal Studies Review IX, no. I (2024): 44-54. https://doi.org/10.31703/glsr.2024(IX-I).04