Amna Nasir Jamal
Regarding basic rights protection I must quote: Morality is learned from social interactions.
Shavell (2002) writes: [t]he establishment of moral rules [..] comes about in part through a complex process of socialization, learning, and inculcation.
When a child is raised by his or her parents, plays with peers, attends school, and the like, the child absorbs many lessons and turns out to feel guilty about certain behaviors and virtuous about others.
Along with these lessons the child learns to reproach bad behavior and compliment the good.
Since confronted frivolous law suits [at Sindh and Balochistan high courts], abusive language, acts of character assassination to demoralize etc so found wasting time in the Pakistan courts to get justice especially when women rights are at stake and above all being daughter of an expired father then always mentally prepared to confront humiliation, harassment, abusive language, character assassination well planned by paternal family.
The Pakistani’ courts should adopt such a scheme to accurate prejudices and inequalities that will happen more frequently as existing family dynamics accelerate past rules of intestate succession that remain trapped in the century back.
Since 2008 I am fighting for due legal rights but all in vain and only had to confront planned approach of paternal family to keep on utilizing various means to insult, harass and abuse me….
… either it is to temper court file or to pressurize courts or to hire other people to file frivolous law suits/ applications or to opt abusive language etc—- on such people conventional and Islamic laws are not applicable and they are only on the land to abuse others to grab wealth and kill moral values.
Questions arise: When Shariah allows four marriages then why the siblings of late man is into assignation of basic human rights?
When Shariah allows to marry then why the siblings of a man on continuous basis morally assassinate second wife and kids?
When Shariah allows that adult could marry then why the other are into talking shit that they are not acceptable since were not part of the wedding?
Is not there any law who restrict and control such filth and let live second or third wife etc and kids with due respect if the man is expired?
Why wife and kids are bound to reply filthy questions knitted by paternal family after death of their father?
Series of issues and complexities … NIKAH is getting difficult.
The Article 498 A P.P.C. “Prohibition of depriving woman from inheriting property” is applicable whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.
But, it’s unfortunate and it’s common Practice in Pakistan [though Islamic Republic] that to abuse basic Islamic rights of women.
The worst form of character assassination is to even challenge paternity though the fact it is settled law under article 128 of Qanun e Shahadat 1984 that the father can challenge paternity and not his brother and sisters and under Article 128 of Qanun e Shahadat 1984 [It is for the honour of and dignity of women and innocent children as also the value placed on the institution of the family, that women and blameless children have been granted legal protection and a defence against scurrilous stigmatization] did not permit brother/ sister of the deceased to challenge paternity of the child.
So, I am in frequency witnessing abusive litigations/ frivolous lawsuits as tool of harassment which is clear violation of due legal rights granted by Islam/ Shariat.
Article 128, “is couched in language which is protective of societal cohesion and the values of the community.”
Frivolous cases highly discouraged by Hon’ble Supreme Court of Pakistan and has stated that “one not be harassed by frivolous lawsuits.
” Such litigation are required to be rooted out of the system and one of the options to curb the practice of instituting frivolous and vexatious cases is by imposing of costs under Order 28 Rule 3 of the Supreme Court Rules, 1980 .
The Constitution of the Islamic Republic of Pakistan (the ‘Constitution’ safeguards property (including inherited property) under Article 24(1) of the Constitution and protection of women and children is guaranteed by Article 25(3) of the Constitution.
The Constitution sets out the goals which the people of Pakistan have set out for themselves in the ‘Principles of Policy’, which include the protection of ‘mother and the child’ (Article 35) and require the promotion of social justice and eradication of social evils’ (Article 37).
Depriving a mother and her child from their inheritance does not protect them but preys on them.
Such conduct is a prevalent social evil and inherently unjust.
It is expected that the organ and authority of the State will act in accordance with the Principles of Policy as provided by Article 29(1) of the Constitution.
Therefore, claims by orphans and widows alleging that they have been deprived of their inheritance must be expeditiously, decided by the concerned organ and authority of the State, including the courts.
One cannot be allowed to play ‘hide and seek’ or to ‘pick and choose’ the facts he likes to disclose.
Suppression of material facts is not an advocacy.
It is a jugglery, manipulation, maneuvering or misrepresentation.
This rule has been evolved in the larger public interest to deter unscrupulous litigant from abusing the process of court by deceiving it.
There is need that judicial system should adopt such a scheme to correct injustices that will occur more frequently as current family dynamics accelerate ‘injustice’.
Frivolous litigations are required to be rooted out of the system and one of the options to curb the practice of instituting frivolous and vexatious cases is by imposing of heavy cost or register FIR for harassment and to hit modesty.
