Human Rights Awareness

Human Rights Situation & Remedial Framework in Pakistan (2025-2026)

I. Overview of Key Human Rights Abuses (2025-2026)

Recent reports from the National Commission for Human Rights (NCHR), Human Rights Watch, and Amnesty International highlight several critical areas of concern within the current landscape of Pakistan:

1. Suppression of Freedom of Expression

Muzzling Dissent: Authorities have increasingly used the Prevention of Electronic Crimes Act (PECA) and the new National Cybercrime Investigation Agency (NCIA) to arrest journalists and activists for “anti-state narratives.”
Media Crackdown: Targeted harassment, arbitrary arrests, and enforced disappearances of media persons have created a climate of self-censorship.
Digital Restrictions: Frequent disruptions to social media platforms and the passage of provincial defamation laws (e.g., Punjab Defamation Act 2024) have further eroded free speech protections.

2. Religious Freedoms & Minorities

Misuse of Blasphemy Laws: These laws are frequently exploited for personal vendettas, blackmail, and land grabs. Targeted attacks on Ahmadiyya and Christian communities remain a significant threat.
Mob Violence: A lack of accountability for perpetrators of vigilante justice continues to leave religious minorities vulnerable.

3. Enforced Disappearances & Torture

Systemic Issues: Despite international pressure, enforced disappearances of political activists, students, and journalists continue unabated, particularly in Balochistan and Sindh.
Custodial Abuses: The Global Torture Index 2025 classifies Pakistan as “High Risk,” citing widespread torture within law enforcement agencies and 152% prison overcrowding.

4. Forced Deportations

The government’s “Illegal Foreigners’ Repatriation Plan” has led to the forced return of over 1.1 million Afghans since late 2023, many of whom face life-threatening risks upon return.

II. Framework for Legal & Administrative Remedy

Under Pakistani and International Law, victims and legal practitioners can utilize the following pathways for redress:

1. Constitutional Remedies (Higher Courts)

The Constitution provides powerful tools for the protection of fundamental rights:

Article 199 (High Court): A writ petition can be filed for Habeas Corpus (in cases of illegal detention), Mandamus (to compel a state official to do their duty), or Prohibition.
Article 184(3) (Supreme Court): The Supreme Court can take Suo Motu notice or entertain petitions on matters of “public importance” involving fundamental rights.

2. Specialized Commissions (Quasi-Judicial)

These bodies have the power to investigate, visit detention centers, and recommend prosecution:

National Commission for Human Rights (NCHR): Empowered under the NCHR Act 2012 to take Suo Motu notice of abuses and act as a civil court to summon officials.
National Commission on the Status of Women (NCSW): Focuses specifically on gender-based violence and workplace harassment.
National Commission on the Rights of Child (NCRC): Addresses issues like child labor, early marriage, and juvenile justice.

3. Statutory Protections

Torture and Custodial Death (Prevention & Punishment) Act, 2022: Criminalizes torture by public officials. Victims can file complaints with the Sessions Court or the NCHR.
Zainab Alert, Response and Recovery Act (ZARRA): Provides a mechanism for the immediate reporting and recovery of missing children.

III. Strategic Recommendations for Action

To ensure effective remedy, HRNW advocates for the following steps:

Judicial Independence: Ensure that the “Constitutional Benches” and higher judiciary remain autonomous from executive influence to effectively hear human rights petitions.
Criminalizing Enforced Disappearances: Pass the long-stalled bill to explicitly criminalize enforced disappearance as a standalone offense in the Pakistan Penal Code (PPC).
Procedural Safeguards for Blasphemy Laws: Implement the Islamabad High Court’s directives to introduce safeguards that penalize false accusations to prevent the misuse of Articles 295-C and related provisions.
Strengthening the Ombudsman: Increase the reach of the Federal/Provincial Ombudsman to the informal sector to protect domestic and gig workers from harassment.