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Nature and Origin of society:

INTRODUCTION TO SOCIOLOGY • Systematic study (step by step) of society


started as early as 5th century BC
• Origin  Greek— man is a social animal,
• It's the study of society in society we deal with both by nature and by necessity (parents
different individuals, institutions (family, religion etc.) attention, family love, food, shelter, clothing),
how these institutions are controlled, social problems and needs society for survival .
and their solutions and also there are different types of  Nature vs nurture  like the impact of loud
societies i.e. eastern society or western society. music on the infant, impact of drug intake on
• Society is human association human associate fetus.
themselves with different institutions of the society so • Theorists and Philosophers of the
that they could be recognized(family, education Enlightenment era of Europe(highlighted the
institution, government, religion etc.) importance of society and individuals through
• Human association is based on human interaction it their work, Do’s and Don’ts)
can be individual interaction as well as group • Sociology in Modern Times
interaction and this can be either positive or negative.
• Ibn-e-Khaldun • Auguste Comte' • Herbet
• Human interaction is effective and meaningful among Spencer • Karl Marx • Durkheim • Freud • Max
those who share a culturehuman interact effectively Weber
with whom they have similarities like middle class to
middle class interaction, interactions on the basis of Culture:
common name, religion,culture etc. Punjabi to Punjabi
interaction, Balochi to Balochi interaction or Pakistani “culture is man-made part of society”
to Pakistani interaction in abroad.
(maclever)
“culture is what we are” (Maclver)
• 7 billion people living on earth are
members of a single biological species: Homo
Me sapiens
• The same creatures biologically, human
beings have developed very different ideas of
life.
soicology
• These are cultural differences- some are minor
but a few are very profoundfor example
others you eastern and western culture are very different.
Cultural shock- due to cultural differences.
 The word sociology derives part of its name for example one can go to Karachi beach in
from the Latin word socius ("companion"). The simple shalwar kamees but in west they have
suffix -logy ("the study of'") come from that of proper dress code for beach only.there exists
the Greek. cultural shock for us.
What is culture?
Some definitions of sociology
• “The values, beliefs, behavior; and material
• The systematic study of human society. objects that constitute a people's way of life.”
(J.J Macionis) Values: should (honesty is the best policy) and
• The scientific study of human social life- shouldn’t(we shouldn’t tell a lie).
(Horton & Hunt) Beliefs: real and unreal (Muslims believe in
God but atheists don’t)
Sociology is about social relationships, the
network of relationships we call society- Behavior: positive or negative, aggressive or
calm behavior.
(Maclver)
Material objects: pen, table, chair, books.
 He wrote, “humans developed from the world
• To understand all cultures it is important to of monkeys through a widening process in
distinguish between thoughts and things which species become moore numerous.”
(thoughts vary from person to person, what you  A historian who wrote cultural life of babar
think might not be I am thinking the same) tribes.
• Material (cultural dresses, festivals, events,  Laid a foundation of new science called Ilmul
arts, books)and Non-material culture(Muslims Imranfoundation of sociology.
shake hands and say ASSAL o ALAIKUM, the
elders give love by putting hand over head &  His contributions accorded him with the title of
hindus fold their hands in the Namaste “the real father of sociology”
greetings and touch their forhead as a sign of The Muqadimmah:
respect)
It’s essentially a sociological work;
• Only humans rely on culture rather than
instinct to ensure their survival. Sociology of politics, urban life, economics and
knowledge.
Characteristics of Culture: He concluded that societies are living
1. Culture includes all that is created and organisms that experience growth, birth,
improved upon by man . maturity, decline and death due to universal
2. It is learned and acquired. causes.

3. It is a collective and social concept, it Theories:


concerns group behavior A. Methodology:
4. Culture is shared, preserved, and  this method is described in his book
accumulated “Muqadma”.
5. It is transferred from generation to generation  Bcz of this he is in modern scientists.
6. Culture is not static, rather dynamic (Punjab.  Method of logicscientific method.
Sindh, KP, Baluchistan all have their own
culture)  Close relationship among historical, political and
social events.
7. It has the power to guides and control
individual and group behaviors  If one event is cause other is effect.
8. Culture has its links with the past  Cause=event, no cause= no event.
9. It gives identity to its members  In this way cause and effect relationship leads to
inductive method of logic.
10. Culture is ideal and normative
B. Al-Asabiya(Social Solidarity):
Sociologists:  Inventor of the concept of Al
1. Allama Ibn e Khaldun(Muhammad Asabiya.
Ibrahim Bin Abdul Rehman Ibn e  It’s a uniting force b/w ppl.
Khaldun)
“The emotions of similarity which keeps ppl. of a
Introduction: group united together having a common effective
action.he says uniting force is highest in
this relation”
 It leads to creation of state.
 Without Al Asabiya no tribe can live
and face his enemies.
 A govt. is not snatched from a nation till
there is Al Asabiya in the nation.
 Ppl get together by joining their minds
and fores and create solidarity among
themselves which leads to Al Asabiya.
 Solidarity is very imp. In state and social life
 Born in Tunis.
 Similarity b/w pplgroup lifeconflicts(violation Asabiya and creation of Bengal:
of law)state decides their conflicts.  Aṣabiyyah is linked to chauvinism, which means “a
 Solidarity forceinvincible group. And no one can strong and unreasonable belief that your own country
subjugate it. Less luxury =Al Asabiya. or group is better than others”.
 Supported by French Emile Durkheim,  During the colonial period, the group feeling or
solidarity of the people of this delta was merged with
“Mutual relationship is the basis of society by the feeling of whole South Asian anti-colonial
which people got a collective life” sentiments. Though it was a move for liberation from
 Religious movements sharpen the forces of Al colonialism, nationalism was not un- critically singular
Asabiya. for Bengali people. But the plurality or diversity of
their group feelings became noticeable after getting the
 No such movement can succeed without this force. independence with certain state boundaries.
 Al Asabiya and force of relationship are directly Despite of having a strong religious bond between ppl.
related together for creation of brave nation and Lack of encouragement and voids in providing basic
dominating force against enemy. amenities (livelihood) and language conflict lead to
creation of Bengal.
Asabiya and the Muslims:
Muslims possessed not only a common religion but
also a set of religious practices, like the pilgrimage, that
brought significant numbers of them together at the
same revered holy sites”
Shia –Sunni, wahabi debandi conflicts. Having
different cultures but united under the common brand
of religion Islam. Arabs desire to follow the west(2030
vision) and leaving their ancestors path will lead to the
vanishing of Al Asabiya between the muslims.
Martindale : “no society can live without Al C. Theory of rural & urban society:
Asabiya”
 Characteristics of human society that
 Spirit of solidarityin getting ppl food and housing supersedes the animal society:
needs.
i.Wisdom
 Nomadic tribes have a max. asbiya.
ii.Need of supreme governer.
 Khaldun: “one cannot live without society until he
gets help from other people for his livelihood.” iii.Search for measn of livelihood.
 Social process(urbanization) develops. khaldun iv.Living together with their fellows.
called it civilization badvi society(rural) hazri society(urban)
 Man is like animal. He became human bcz of strong force of Al Asabiya weak force of Al Asabiya
association with other human. brave & generous cowards and physically weak
 He says there should be a science to study the live in deserts live a luxurious life
people of this civilization Ilmul-Imran. minimum needs needs increases daily
 Justice is an imp. Factor in human civilization. Hard-workers(shepherds) lazy
believe in their energy depend on police and army

birth

death growth

Life cycle of
society

decline maturity
D. Theory of social change: and psychiatrist paradigms and the sociological discourse
about suicide is missing from the existing debates and
 Disorganized societyno Al Asbiya force.
discourses.
 Tribes out of powerraided by other and Both sociologists and anthropologists put emphasis
lose govt. on ‘social’ over ‘individual’ or psychological
 Govt. policy and taxation social change. perspectives while addressing different social issues
and problems of society.
3 principles of social change:
However, to explain suicide and the differences in
i. Physical boundary of state shoul remain in control. suicide rates of different groups, Emile Durkheim, one
e.g fall of Mughal empire. of the founding fathers of sociology, in his
ii. Physical age of society is about 120 years in 3 stages groundbreaking book ‘Le suicide’ - published in 1897
of 40 years. which is relevant even today - took a very different
position from psychologists and biologists.
iii. Rise and fall of nation is turn by turn
Suicide apparently, which seems an individualistic,
Conclusion:
private and personal act, has been aptly explained by
Most famous thought left is Ilmul Imran Emile Durkheim by the science of Sociology.
Imraniyat(sociology).
Durkheim was less interested in why specific
Thought left by him are called Khaldooniyat(the individuals committed suicide that was to be left to
sociology of ibn e Khaldun). psychologists (though psychology and biological
factors are important). He was more interested in the
social facts that could explain the differences in suicide
2. Emile Durkheim: (follower of comte) rates in different groups that why one group has a
Introduction: higher suicide rate than the other group.
• Emile Durkheim (1858- Social facts ‘are social structures and
1917) is considered one of cultural norms that are external to, and the
the "fathers" of sociology. coercive of, actors.’ Durkheim was more
interested in the extraneous factors and
• He invented a new underlying social facts, collective
science called social sentiments and social currents that affect
physics. individual’s decision about suicide.
• He emphasized that all However, to explain this social and empirical
social phenomena(whatever occurs in the society) phenomenon, Emile Durkheim on the basis of his two
could be recorded & studied as social facts. underlying social facts: integration and regulation in
• Durkheim does not focus on individuals he takes society, and he has discussed four types of suicides i.e.
group as a social fact. Egoistic, Altruistic, Anomic and Fatalistic Suicide.
i.
• No society can come into existence without social Egoistic suicides are likely to be higher in societies or
life. groups where individuals are not well integrated into
the larger social structure or unit. An integrated society
• Social fact? Reply is within society. Certain facts in gives us common values, morality and sense of
social life of man neither measure nor can be purpose, which are the best parts of individuals and
described. Forces which influence individual from through this moral/societal support we are able to cope
external to bring internal change. E.g the moral with the daily small indignities and disappointments.
principles, the ways of family, religious
ceremonies, methods of professions.
• Pressure of social facts: environment pressurize The lack of this integration and connection
him and forms his morals and etiquette’s. individuals are liable to commit suicide at a smallest
frustration. Durkheim has emphasized the role of
• The individual lives in a society under this pressure. religion in protection against suicide in religious
A. Suicide theory: groups; he says, “Religion protects man against the
desire of self-destruction”. However, it is not true for
He viewed “all classes of deaths resulting directly all religions and may not provide the same degree of
or indirectly from the positive or negative acts of protection.
the victim itself who knows the result they
produce” Having defined the phenomenon This type is found more common in organic society
Durkheim dismisses the psychological explanation. than in mechanical society.
Suicide is often considered as a mental health issue ii.
in Contrary to the egoistic suicide, the second type of
Pakistan. Too often, suicide is addressed from the medical suicide altruistic suicide occurs when social
integration is very strong. The individual is forced into The growing fanaticism and terrorism in Pakistan as
committing suicide for the good of community or well as the strong moral and familial integrated systems
groups. These types of suicides are likely to happen in and bindings have resulted in altruistic suicides. In
military, terrorist activities and those who seek to be Muslim society the soldiers who die fighting for the
martyrs. defense of their country and ppl are called martyr. They
are prepared to sacrifice their lives for the nation and
Individuals who commit altruistic suicide consider
for the land of their country acc. To the will of ALLAH.
it their moral duty to do so. In some cases, altruistic
This pirit of fighting killing or being killed is not
suicide occurs when the integration is so strong that one
suicide but is called JIHAD and SHAHADAT in Islam.
feels that he or she has disgraced the entire group or
community. Pakistani society and culture have also witnessed
social and cultural interventions and disruptions with
Egoistic suicide higher rates stem from depression,
the rise of industrialization, urbanization, materialism,
incurable frustration, whereas altruistic suicide relies
technology and modernization which have resulted in
on the belief in beautiful afterlife and optimism.
higher rates of anomic suicides.
iii. The third form is anomic suicide, which is likely to
Finally, the idea of the strong excessive regulations
happen when the regulatory power of society is
and strict disciplines had led many students across the
disrupted. Given such disruption and disorganization in
country to commit fatalistic suicides. There are other
society leave individuals dissatisfied and there is little
social, psychological, gender and cultural, economic
control over their desires and passions, which runs
and political factors which come into play while
freelyAnomie
in an insatiable racecondition
is a social for gratification.
in which there is a
pushing the individuals into committing suicides.
disintegration or disappearance of the norms and
values that were previously common to the society. The Conclusion:
concept, thought of as “normlessness,” was developed
by the founding sociologist, Émile Durkheim. To sum up, Durkheim concluded that suicide is
often seen as an individual problem; therefore attempts
In his 1893 book The Division of Labor in Society. In to prevent suicides have failed. Durkheim believed that
this book, Durkheim wrote about an anomic division of the measures that are undertaken to prevent suicide by
labor, a phrase he used to describe a disordered divisiondirectly convincing individuals to not commit suicides
of labor in which some groups no longer fit in, though
seem futile because the real causes are in the society
they did in the past. Durkheim saw that this occurred as
European societies industrialized and the nature of
not in individual.
work changed along with the development of a more As a matter of fact, in order to prevent suicides we will
complex division of labor. have to balance the underlying social forces and social
facts i.e. integration and regulation which are found in
society not in individuals.
Anomic suicide rates are likely to rise contingent Main works:
upon the nature of disruption either positive a. The division of labor in society 1893.
(modernization, industrialization) or negative
(economic stagnation, recessions). b. The rules of sociological method.1895
iv. The fourth and final form is fatalistic suicide which is c. Suicide 1897.
on contrary linked to the excessive and oppressive d. The elementary forms of religious life.
regulation in a society.
Criticism:
Fatalistic suicide is likely to occur when people with
future prospects are mercilessly blocked and their Durkheim’s study of suicide has been mostly
passions are violently clogged by oppressive discipline. criticized internally where criticism arose
It is linked to the exploitative system of hopelessness within the positivist perspective. The
and oppressive regulation, the best example of this type functionalist sociologist Halbwachs (1930)
of suicide is when a slave take his own life because of criticised that Durkheim has overestimated the
the oppressive regulation regarded every action. role of religion in his study of suicide by
exploring the factors behind the Protestants and
Examples from Pakistani society: Catholics. He suggested that urban and rural
Given the detailed discussion of Emile Durkheim differences are also a key factor that
suicide theory and types, we can easily recognize all contributed to suicide where he found that
the four different types of suicide in Pakistani Society. suicide rates were lower in rural area compared
If we analyze the data from various sources such as to urban settings (Turner, 1987). Gibbs and
available police reports and research studies, in the Martin (1964) argued that Durkheim’s concept
urban centers as well as rural areas of Pakistan we can of social integration is too vague and unclear
easily decipher that egoistic suicides have occurred in and he did not properly define the concept of
Pakistan. integration. He pointed out that there is no
adequate operational definition of social
integration mentioned in the whole text (Gibbs Types of action:
& Martin, 1964). i. Purposeful logical action:
3. Max Weber:  Actor is free to select his sources purely on his
Introduction: capability.
• Theorist of early 20th century.  Qualities: direct relation with social situation.
It has several sources and purposes. Total freedom
to actor in adopting sources.
 Action that is directed at attaining certain ends.
ii. Value oriented action:
 Rational action, selected acc. To values of people.
 Purpose of action has been fixed bfr performing
action.
• German thinker.
 Sources acc. To ability of actor.
• During his time Pareto (thinker) in Italy,
Thomas(philosopher) in America. They were 3  Most effective sources are used for the value.
thinkers of same time. iii. Affective Action:
• Marx was getting popularity in Germany about  Emotions have been included in the fixation of
socialismappreciated by labor class of industrial purposes and its sources.
areas of Europe.
 Relations of love and hate can be counted.
• Kant popular in Germany.
 Mostly illogical and irrational.
• Besides these 2, weber joined the material and
spiritual ideas and became popular not only in  Free from any calculation and measurement.
Germany but in whole of western Europe.  Affects actor directly.
Theories of Max Weber:  Influences his behavior in other parts of life.
A. Theory of social action:  It’s free from scientific observation and
• Social action originates logically from experimentation and is an imp. Part of cultural
action. “the tendency or behavior of values of society.
man in which actor relates it a subjective  In such culture where the values, customs,
meaning”. conventions, emotions and traditional elements
• Sociology studies the action which dominate, such action is more effective.
guides towards behaviors of others. Traditional action:
• Weber sociology: “the study of social  Sources and purposes re fixed acc. To customs and
action” ceremonies of society.
• Talcott Parsons also support this theory  Direct relation with csutoms and ceremonies like
of weber : human behavior is included in marriage, death, birth etc.
his action.
 Sources and purposes are joined together here for
• Actor relates subjective meaning with the fulfillment of sources. Until the actor adopts
action  action for purpose this source, he will not be able to perform the action
meaningful action for the fulfillment of his purpose.
• Meaningful action: which can be  Mostly ppl are directly influenced by traditional
observed and measured on the principles actions
of statistics. E.g putting light by a car
driver on the vehicle coming infront of  Training and teaching of this action by religion and
him gives a meaning to car driver, only family.
driver knows why he has thrown light.  Children are socialized by parents on pattern of
• For understanding an action, human traditional action.
behavior can be understood by this  Traditional actionto recognize members of
stage. family.
• Other method used is understand the  It has emotions, values and feelings directed by
motives of action. the actor.
B. Theory of Authority: • In Bureaucratic society regular work is divided into
different stylegovt. duties.
A society in which respect for the law is found, the
distribution of authority will be by proper method. • For the performance of these actions, there is an
institution which directs orders in which there is
3 types of authority:
pressure and stiffness. The institution is permanent
i. Bureaucratic authority: and stable.
 Found in formal offices and rank of officer. • Only those ppl are employed who are able to
 It is legal authority. perform job regularly.

 Authority given and exercised by written orders. • The principle of different classes is set strictly on the
principle of high and low.
 Can be held accountable.
• System of modern office depends upon written
 Power of officer rest in law by which he becomes documents (files).files remain in original form in
authorized. offices. Bureau: where these files are kept.
 Constitution and law of state support authority, as • To run the system of office a system of law is
president, P.M and CJ of SC. established wich are permanent usually.1 officer is
 Examples: civil service officers, medical officers, expected to know the laws of office.
judges and professors.  By this system a govt. levies taxes on people and
ii. Traditional authority: creates admin. For the people.
 Found in belief in sacred norms and traditions which Major works:
one must obey. Bureaucracy, the religion of china-the religion of India
 Can’t be held accountable. ancient Judaism, the socialogy of religion (1963), the
methodology of social sciences (1949) , the theory of
 No written orders for exercising this authority. social and economic organizations(1947).
 Customs and ceremonies are considered are Criticism:
considered respectful traditionally in a society.
One critique was Weber's claim that bureacratic
 Examples: father, priest, Peer sahib and prince. organizations were based on rational-legal authority.
iii. Charismatic authority: Parsons (1947) and Gouldner (1954) note that Weber
said authority rests both in the "legal incumbancy of
 Authority of an extraordinary person who is obeyed office" and on "technical competence". This works if
because of his charisma. superiors have more knowledge and skill, but often this
 He is respected due to his wisdom, saintliness and is not the case.
invincible power. Thompson notes that in modern organizations
 Examples: prophet of God, brave soldiers, authority is centralized but ability is decentralized
politicians and national heroes like Allama Iqbal, (Thompson 1961). In fact staff-line distictions seem to
M. Ali Jouhar, Tariq bin Ziyad. be a structural resolution of this authority-ability
quandary that Weber overlooked.
C. Theory of bureaucracy:
Weber also doesn't distinguish between definitions and
 He explained the rules of selection, promotion of propositions in his model. His list of distinguishing
govt. servants. characteristics are linked between each other.
 Theory on structure of govt. and its offices. Udy (1959) found in examining 150 organizations and
 Service structure is hierarchicalgrae 1-22. found no correlation between the bureaucratic
attributes of the organization and it's rational attributes
 Bureaucracy: “The type of organization of
classes in which work of many ppl is arranged
through wisdom; which they perform for 4. August comte:
achievement of admin. Action on large scale.”
 He discourage inefficiency and idleness on table
of office. He advocates merit and
talentprogressive state.
 Weber says it is the quality of democratic
society where bureaucracy is adopted fully.
Characteristics of bureaucracy:
• There are rules & regulations in offices for work.
Karl Marx: poor as subjects to the government. Conflict theory has
been used to examine several aspects of society that
There are many parts to a society. So, there are many
are built upon class conflict, which Marx argued were
ways to study society. The scientific study of society
designed to protect the wealthy, not society as a whole.
and social behaviors is called sociology, and it's a big
area of study. In order to understand the many Marx is also considered a founder of critical theory,
complexities of human societies, sociologists have which is the belief that society and culture can be
developed several viewpoints, or theories, to help studied using both the sciences and humanities. This is
establish the basic concepts of the field. Some theories one of the foundational principles of all of the social
deal with the sizes of groups in society. Others deal sciences, giving Marx an important position in all of
with production of morals and values. And some deal these disciplines. Critical theory was very unique
with the economy and the creation of social classes. when it was first originated because it stressed that
That's where we find Karl Marx. researchers should focus on all of society, not only the
rich and powerful. As modern sociologists stress, all
Karl Marx
members of society deserve equal attention, regardless
In the 19th century, a German philosopher of their wealth or status.
named Karl Marx began exploring the relationship
Class Division & Karl Marx
between economy and the workers within that system.
Over his lifetime, Marx developed a theory that human The political scene in the United States has shifted
societies progress though a struggle between two considerably over the past few decades. Conservative
distinct social classes. The proletariat, the workers, members of the electorate want to maintain a certain
are the lower class. They perform the labor, but the status quo, while liberals are more open to progressive
upper class managers, bosses, and rulers, called change. Where the division began is open to debate,
the bourgeoisie, get the profits. In this system, which but the Great Depression, the Civil Rights Movement,
became known as Marxism, governments existed to and other shifts in public thinking have demonstrated
protect the wealthy, not the common good. a clear divide within the United States. While there are
those in the U.S. who think of this as a new
To arrive at this conclusion, Marx studied and wrote
phenomenon, people have been writing about and
on philosophy, economy, and politics. Marx
acting on political and class division, or the financial
formulated these into a scientific study of society.
divide that exists between those who make different
Thus, he is considered to be one of the founding
amounts of money, for centuries.
figures of sociology as a discipline. Marx believed that
with a mixture of historical research and scientific The current political divide within both the major
methods, society could be analyzed logically and parties can be seen as a conflict between the haves and
rationally. This idea, of course, is still followed by the have-nots. One group considers itself
sociologists today. disenfranchised by the political establishment, while
the establishment tries to win votes by reminding
Marx and Sociology
potential voters what it has accomplished in the
In sociology, Marx's theories are used to study society past. Karl Marx, the prominent philosopher who's
through economic systems. Specifically, Marxist credited with creating communism, saw this kind of
sociology looks at the ways economics define social conflict (disenfranchised versus establishment) as a
roles and expectations. There are several fundamental class struggle. His ideas had to do with economics, but
questions that this theory seeks to address. First, how those ideas ultimately had just as much to do with
is money used to control the working class? Second, politics.
how are social classes defined by type of work? Third,
Definition of Class
what is the relation between workers, money, the
government, and society? Finally, how does the A class of people is a group that shares common
economy influence social inequality? characteristics. Generally, they have a
similar socioeconomic status, which is based on
Marx's theories formed a sociological perspective
income and living situation. Status has nothing to do
called conflict theory, which stated that capitalist
with racial or ethnic similarity, although Marx
societies were built on conflicts between the workers
reasoned that race or ethnicity was sometimes a factor.
and the rulers. In this theory, society relies on class
The commonality was tied to a group's ability or
conflict in order to keep the wealthy in power and the
inability to wield economic or political power. The
group that held the power would always try to maintain bourgeoisie could use alcohol and entertainment to
and grow that power by keeping those who had no keep the proletariat in a stupor so they wouldn't care
power in a constant state of powerlessness. So, those about their situation.
who had no power allowed themselves to be exploited
Communism as a Solution
by the powerful in the form of set wages and
conditions, because they had no other recourse. It was Members of the proletariat would always remain
essentially a paradox. Imagine an ant colony being powerless unless they found some means of
stepped on by a person. It has no recourse but to be distributing power equally. As we mentioned before,
stepped on because it's powerless to stop the massive Karl Marx is famous for his economic system
foot coming down on top of the colony. of communism, which is a system in which the
proletariat control the means of production and there
The Two Classes
is no need for the bourgeoisie. In essence, Marx's
Karl Marx believed that in any system there were two solution was to give the laborer a say in how his or her
types of people: the proletariat and the bourgeoisie. labor was used. This idea was the foundation of labor
The proletariat consists of the working, or labor, unions in the marketplace, which gave individual
class. The bourgeoisie can be through of as the idle, workers the power to negotiate the terms of their labor
or management, class. In Karl Marx's theory of class as groups.
conflict, he provided very clear definitions for these
Karl Marx's idea was noble in that he envisioned
two classes. To understand Marx's stance in social
workers being able to dictate what they would receive
history, we need to look at the two groups he believed
for their efforts, rather than being told what they had
made up every society.
to accept. Labor unions have achieved success all over
The proletariat produces and the bourgeoisie exploits the world, and Marx's dreams have been realized, to an
the producers based on their ability to market and sell. extent. Unfortunately, class struggle continues to be an
In an agrarian, or farming-based, society, the issue in both the economic and political arenas, and the
proletariat are the farming families who work hard to implementation of pure communism in societies has
grow crops or raise animals. The bourgeoisie are the largely failed. In some cases, communist
people who pay the farmers a small and inadequate regimes were responsible for some of the worst crimes
amount of money for their products and sell them at a against humanity in the 20th century, such as the
much larger profit. In an industrial society, or crimes committed by the Stalinist regime in the Soviet
factory-based and machine-based society, the Union, like the gulag or forced labor camp system.
bourgeoisie owns the means of production (the
According to sociologist John Macionis, the wealthy
factory) and exploits the proletariat by making them
and the working poor ''have opposing interests and
work for low wages in dangerous conditions.
are separated by a vast gulf of wealth and power,
Class Struggle making class conflict inevitable.''
Karl Marx used words like 'exploit' when speaking of The Marxist Critique of Capitalism
how the rich managed the poor. Although some people Karl Marx saw capitalism as a progressive historical
would disagree with his inflammatory take on the stage that would eventually be followed by socialism.
proletariat and bourgeoisie classes, he said that Capitalism has been the subject of criticism from many
capitalistic societies were indeed based on this type of perspectives during its history. Criticisms range from
arrangement. Some people have money, either through people who disagree with the principles of capitalism
in its entirety, to those who disagree with particular
an inheritance or other means by which they gained
outcomes of capitalism. Among those wishing to
wealth, whereas other people are destined to remain replace capitalism with a different method of
oppressed. But Marx wasn't concerned with individual production and social organization, a distinction can
stories of this. He saw this as a societal issue. be made between those believing that capitalism can
Karl Marx also believed that the bourgeoisie kept the only be overcome with revolution (e.g., revolutionary
socialism) and those believing that structural change
proletariat powerless through the use of cheap
can come slowly through political reforms to
entertainment and liquor and religious fervor. In order
capitalism (e.g., classic social democracy).
to keep the proletariat happy in their condition, they
needed to believe that struggle was noble (religion) Karl Marx saw capitalism as a progressive historical
and it was impossible to overcome the powerful stage that would eventually stagnate due to internal
(manipulation of the police force). Alternatively, the contradictions and be followed by socialism. Marxists
define capital as “a social, economic relation” between
people (rather than between people and things). In this Although socialism is often associated with Karl
sense they seek to abolish capital. They believe that Marx, it has evolved to take a variety of forms. As a
private ownership of the means of production enriches political movement, socialism includes a diverse array
capitalists (owners of capital) at the expense of of political philosophies, ranging from reformism to
workers. In brief, they argue that the owners of the revolutionary socialism, from a planned economy to
means of production exploit the workforce. market socialism. In a planned economy, the means of
production are publicly owned and the government is
In Karl Marx’s view, the dynamic of capital would in charge of coordinating and distributing production.
eventually impoverish the working class and thereby By contrast, in market socialism, the means of
create the social conditions for a revolution. Private production may be publicly or cooperatively owned,
ownership over the means of production and but they operate in a market economy. That is, market
distribution is seen as creating a dependence of non- socialism uses the market and monetary prices to
owning classes on the ruling class, and ultimately as a allocate and account for the means of production and
source of restriction of human freedom. the products they create. Just like in capitalism, the
means of production generate profit; however, that
Marxists have offered various related lines of profit would be used to remunerate employees or
argument claiming that capitalism is a contradiction- finance public institutions, not to benefit private
laden system characterized by recurring crises that owners.
have a tendency towards increasing severity. They The Significance of Socialism:
have argued that this tendency of the system to Karl Marx helped to create the system of social
unravel, combined with a socialization process that thought now called Marxism.
links workers in a worldwide market, create the
objective conditions for revolutionary change. Socialists critique capitalism, arguing that it derives
Capitalism is seen as just one stage in the evolution of wealth from a system of labor exploitation and then
the economic system. concentrates wealth and power within a small segment
of society that controls the means of production. As a
Normative Marxism advocates for a revolutionary result, society is stratified, split into classes according
overthrow of capitalism that would lead to socialism, to who owns the means of production and who is
before eventually transforming into communism after forced to sell their labor; as a result, individuals do not
class antagonisms and the state cease to exist. Marxism all have the same opportunity to maximize their
influenced social democratic and labor parties as well potential. A capitalist society, they argue, does not
as some moderate democratic socialists, who seek utilize available technology and resources to their
change through existing democratic channels instead maximum potential in the interests of the public.
Socialism and believe that capitalism should be
of revolution, Instead, it focuses on satisfying market-induced wants
regulated rather than abolished. as opposed to human needs. Socialists argue that
socialism would allow for wealth to be distributed
Socialism is an economic system in which the means based on how much one contributes to society, as
of production are socially owned and used to meet opposed to how much capital one owns. A primary
human needs, not to create profits. goal of socialism is social equality and a distribution
Socialism is an economic system in which the means of wealth based on one’s contribution to society, and
of production are socially owned and used to meet an economic arrangement that would serve the
human needs instead of to create profits. The means of interests of society as a whole.
production refers to the tools, technology, buildings,
and other materials used to make the goods or services
in an economy. Social ownership of the means of
production can take many forms. It could refer to Labor Theory of Value
cooperative enterprises, common ownership, direct The labor theory of value is a major pillar of traditional
public ownership, or autonomous state enterprises. Marxian economics, which is evident in Marx’s
Social ownership contrasts with capitalist ownership, masterpiece, Capital (1867). The theory’s basic claim
in which the means of production are used to create a is simple: the value of a commodity can be objectively
profit. In a socialist economic system, the means of measured by the average number of labor hours
production would instead be used to directly satisfy required to produce that commodity.
economic demands and human needs. Accounting Example:
would be based on physical quantities or a direct If a pair of shoes usually takes twice as long to produce
measure of labor-time instead of on profits and as a pair of pants, for example, then shoes are twice as
expenses. valuable as pants. In the long run, the competitive price
of shoes will be twice the price of pants, regardless of capitalists extract “surplus value” from the workers
the value of the physical inputs. and enjoy monetary profits.

Although the labor theory of value is demonstrably Although Marx tried to use the labor theory of value
false, it prevailed among classical economists through against capitalism by stretching it to its limits, he
the mid-nineteenth century. Adam Smith, for unintentionally demonstrated the weakness of the
instance, flirted with a labor theory of value in his theory’s logic and underlying assumptions. Marx was
classic defense of capitalism, The Wealth of Nations correct when he claimed that classical economists
(1776), and David Ricardo later systematized it in his failed to adequately explain capitalist profits. But
Principles of Political Economy (1817), a text studied Marx failed as well. By the late nineteenth century, the
by generations of free-market economists. economics profession rejected the labor theory of
value. Mainstream economists now believe that
So the labor theory of value was not unique to capitalists do not earn profits by exploiting workers.
Marxism. Marx did attempt, however, to turn the Instead, they believe, entrepreneurial capitalists earn
theory against the champions of capitalism, pushing profits by forgoing current consumption, by taking
the theory in a direction that most classical economists risks, and by organizing production.
hesitated to follow. Marx argued that the theory could Criticism:
explain the value of all commodities, including the According to the labor theory of value, the value of
commodity that workers sell to capitalists for a wage. something is determined by the amount of labor used
Marx called this commodity “labor power.” to produce it. So consider the following case. One man
goes out panning for gold and at the end of a 10-hour
Labor power is the worker’s capacity to produce goods day has enough grains of gold to make an ounce.
and services. Marx, using principles of classical Another man goes walking along and in 1 minute, trips
economics, explained that the value of labor power over a stone. He picks it up and it’s a gold nugget.
must depend on the number of labor hours it takes Labor input? Ten hours vs. one minute. Value: the
society, on average, to feed, clothe, and shelter a same. That’s what Tyler meant when he said “inputs
worker so that he or she has the capacity to work. In are heterogeneous.”
other words, the long-run wage workers receive will
depend on the number of labor hours it takes to
produce a person who is fit for work. Suppose five
hours of labor are needed to feed, clothe, and protect
a worker each day so that the worker is fit for work the
following morning. If one labor hour equaled one
dollar, the correct wage would be five dollars per day.

Marx then asked an apparently devastating question: if


all goods and services in a capitalist society tend to be
sold at prices (and wages) that reflect their true value
(measured by labor hours), how can it be that
capitalists enjoy profits—even if only in the short run?
How do capitalists manage to squeeze out a residual
between total revenue and total costs?

Capitalists, Marx answered, must enjoy a privileged


and powerful position as owners of the means of
production and are therefore able to ruthlessly exploit
workers. Although the capitalist pays workers the
correct wage, somehow—Marx was terribly vague
here—the capitalist makes workers work more hours
than are needed to create the worker’s labor power. If
the capitalist pays each worker five dollars per day, he
can require workers to work, say, twelve hours per
day—a not uncommon workday during Marx’s time.
Hence, if one labor hour equals one dollar, workers
produce twelve dollars’ worth of products for the
capitalist but are paid only five. The bottom line:
30. Unidentified gunmen on motorbikes opened
fire on a police checkpoint killing two police
Role of law enforcement agencies in officers. A suicide bomber later detonated an
controlling crime/terrorism explosive device at the hospital where first
Pakistan is home to an estimated 200 million people, responders transported victims of the first
spread over six regions including the provinces of attack. TTP claimed responsibility for the attack.
Balochistan, Khyber-Pakhtunkhwa (KP), Punjab and  On August 16, a timed explosive at Quetta’s Al-Haj
Sindh. Gilgit-Baltistan in the far north - adjacent to the mosque detonated, killing four (including the
disputed Himalayan region of Kashmir - is treated as a brother of Afghan Taliban chief Mullah
fifth province with a special legislative status. The Haybatullah) and injuring 25 others. No group has
Federally Administered Tribal Areas (FATA), claimed responsibility for the attack.
operating directly under the purview of the federal
government, borders Afghanistan. India in the east, Countering financing of terrorism:
China in the northeast and Iran in the southwest are its In 2019, Pakistan made some progress toward meeting
other immediate neighbours. the action plan requirements for the FATF, allowing it
Since 9/11, Pakistan has been pulled into the to avoid being blacklisted, but did not complete all
controversial global war on terrorism (WoT), and has action plan items. In early 2019, Pakistan issued, inter
suffered a substantial rise in terrorism, extremism, alia, a statutory regulatory ordinance directing
political and sectarian violence, and an unusual surge immediate implementation of sanctions against
in crime. The sources range from criminal mafias, individuals and entities designated under UNSCR
syndicates, extremists, terrorists and militant/jihadist 1267. In October 2019, APG published a Mutual
groups to armed militant wings of political parties in Evaluation Report that reviewed Pakistan’s
various parts ofthe country. compliance with FATF standards and the effectiveness
of Pakistan’s AML/CFT system.
Pakistan's security apparatus comprises of around 35
law enforcement and investigation agencies (LEAs) Role of community policing:
including the police. Of these, 27 LEAs work under the Threats of terrorism come from a variety of sources –
federal government, 6 LEAs under the provincial organized groups outside the country, those inside the
governments and two (Khasadars and Levies) under the country, and the lone attacker. Regardless of the
administrations in the border areas. Non-police LEAs source, community policing is critical to identifying
number around 200,000. These LEAs include Rangers those who are planning to carry out acts of violence,
(Punjab), Rangers (Sinclh), Frontier Core (Khyber- preparing communities to respond, aiding public safety
Pakhtunkhwa), Frontier Core (Balochistan), Pakistan officials in the response, and when acts cannot be
Coast Guards and Northern Areas Scouts. prevented, helping communities heal and recover.
In 2018, Pakistan was designated as a “Country of Law enforcement officers who are connected to the
Particular Concern” (CPC) under the International communities they serve have the ability to identify
Religious Freedom Act of 1998. It was re-designated individuals who may embrace an extremist ideology,
as a CPC in 2019. radicalize, and pose a threat of violence against
2019 Terrorist Incidents: Pakistan experienced individuals or facilities.
numerous terrorist attacks in 2019. The following To bridge trust gap between police and community,
examples include some of the more destructive and he( Inspector General of Police (IGP) Islamabad
high-profile attacks and demonstrate a variety of Muhammad Aamir Zulfiqar) said that community
methods, targets, and perpetrators: policing is an effective tool and grievances of the
 On May 8, a suicide bomber killed at least 10 public were being addressed through professional and
(including police officers and security guards) and fair approach. The present government is ensuring
wounded at least 24 others in an attack at Lahore’s every possible support to the police department and
Data Darbar Sufi shrine. Hizbul Ahrar, a faction of Islamabad police have taken reformatory steps in
TTP, claimed responsibility for the attack, pursuance of the government directions. These steps,
specifying that the target was law enforcement he said, included policy of ‘Pehlay Sallam- Pir Kalam’
officers and not civilians. while front desks have been established in Model
Police Stations along with online system for
 On May 11, three militants killed five (including a registration of FIRs.
Pakistani Navy officer) and injured six in an attack
on the Pearl Continental Hotel in Gwadar. The Moreover, he said that beat system has been
Balochistan Liberation Army claimed established within the AOR of police stations and beat
responsibility for the attack, stating the targets were officers were deployed in these beats to approach the
Chinese and other foreign investors. public in time of emergency.

 On July 21, two back-to-back attacks in Dera Ismail Intelligence led policing:
Khan, Khyber-Pakhtunkhwa, killed 10 and injured
With the advent of terrorism in Pakistan after 9/11, person’s identity, location or activities in relation to
the police have been burdened with additional a crime.
responsibility to tackle the terrorists on the streets.
 The data can also be searched against other
Inherently, the police force is trained for crime control
INTERPOL databases, in particular the facial
and its hands were already full with it therefore it was
recognition system and fingerprints database, to
neither ready nor equipped to take the added
positively identify individuals and their
responsibility of confronting the terrorists. The terrorist
international movements.
attack on Sri Lankan cricket team in Lahore in 2009
was the turning point in this regard. It was then that the  Preventing terrorist travel: data bases are the
police realised that it had to tackle this hydra too, but heart of Interpol’s counter terrorism operations,
of course with the help of intelligence agencies. especially those that can prevent travel.
A couple of years ago, the Lahore police had tasked “Once terrorist information is shared at the global
the staff of all police stations to gather information level, every traffic check, passport control or
about criminals. ILP can be greatly helpful in ensuring random search holds the potential for a break in a
foolproof security on sensitive events like Muharram terrorism investigation or to foil a plot.”
processions, public gatherings, and VVIP security and
Jürgen Stock, INTERPOL Secretary
against extortionists, land grabbers and gangs.
General
Role of army:
 Tracing terrorist finances: disrupting the flow
For the first time since independence, the army of terrorist funding is critical to curtailing their
moved into FATA in force. The equivalent of six activities.
infantry divisions were deployed over time to FATA
and Swat, some having moved from their positions  Analyzing social media: Terrorists use social
along the Indo-Pakistan border where they represented media for radicalization, recruitment, funding,
Pakistan’s strike force against any Indian attack. planning and execution of terror activities, For
Largely a conventional army, it was trained and example, we search social media platforms to
equipped for regular warfare against other similar identify potential witnesses, as was the case
forces, not against insurgent guerrilla units. following the London Bridge attack in the UK
in 2017, and the attack at a hotel complex in
Operation Zarb-e-Azb, June 15, 2014 to April 3, Nairobi, Kenya, in January 2019.
2017, was a very successful operation by Pakistan
Army & Air Force against terrorist organizations like
TTP, IMU, ETIM, LJ, Jundullah and their facilitators Role of united nations:
hiding in North Waziristan Area of FATA.
The Terrorism Prevention Branch (TPB) of the
NACTA role. United Nations Office on Drugs and Crime (UNODC)
Role of Interpol: has a specific role to play in these international efforts.
For over a decade, TPB has been the key United
Terrorist groups incite individuals, often young Nations entity providing legal counter-terrorism
people, to leave their communities across the world and technical assistance to Member States. As mandated by
travel to conflict zones, primarily in Iraq and Syria and the United Nations General Assembly, TPB works to
increasingly in Libya. The way recruits are targeted and assist Member States, upon request, with the
radicalized has shifted, with a greater focus on social ratification, legislative incorporation and
media and other digital channels. implementation of the universal legal framework
Biometric data is of increasing importance in against terrorism.
identifying foreign terrorist fighters and preventing Within the United Nations system, UNODC
them from crossing borders, while we also promote the possesses significant comparative advantages for
exchange of battlefield data between the military and offering a comprehensive response to terrorism. In
police. particular, it combines a range of expertise in the
Through INTERPOL, the world’s police can share related areas of crime prevention and criminal justice,
intelligence and alerts on transnational terrorist rule of law, drug control, transnational organized
networks, to better understand their methods, motives crime, money-laundering, corruption and related
and financing and – ultimately – to identify and arrest international cooperation in criminal matters with
suspects. operational field-level capacity.
Activities: Role of civil society and NGOs:
 Identifying terrorist suspect: biometric and Civil society and non-governmental organizations
battlefield data help police to identify terrorists. for (NGOs) play a vital role in the prevention of conflict.
example as Blue Notices which are international They may also play a key role in the prevention of
alerts to collect additional information about a terrorism. Indeed, various international documents
have repeatedly stressed the importance of involving
civil society and NGOs in a comprehensive and multi-
dimensional response to the threat of terrorism. Most
recently, the UN General Assembly, in its resolution
adopting the United Nations Global Counter-Terrorism
Strategy on 8 September 2006, affirmed the
determination of UN member states to “further
encourage non-governmental organizations and civil
society to engage, as appropriate, on how to enhance
efforts to implement the Strategy”.2 The Global
Counter-Terrorism Strategy, formally launched on 19
September 2006, built on many of the elements
proposed by then UN Secretary-General Kofi Annan in
his April 2006 report entitled “Uniting against
Terrorism: Recommendations for a Global
CounterTerrorism Strategy”.3 In this report, the vital
role of civil society in promoting a truly global strategy
against terrorism was highlighted throughout. The
importance of involving civil society and NGOs in
effective efforts to prevent terrorism has not only been
acknowledged by various UN documents but also
features prominently in several terrorism-related
declarations and documents adopted in the framework
of the OSCE. The 2001 OSCE Bucharest Plan of
Action for Combating Terrorism, for example, directly
mandated the Office for Democratic Institution and
Human Rights (ODIHR) to continue developing
projects to solidify democratic institutions, civil
society, and good governance.4 The 2001 Bishkek
Programme of Action on Strengthening
Comprehensive Efforts to Counter Terrorism stressed
the importance of promoting active civil society
engagement in the fight against terrorism.5 Similarly,
the 2002 OSCE Charter on Preventing and Combating
Terrorism recognized that it was vital to engage civil
society in finding common political settlements for
conflicts and to promote human rights and tolerance as
an essential element in the prevention of terrorism and
violent extremism.6 The OSCE, and ODIHR in
particular, have since been active in exploring and
promoting the role of civil society in preventing and
combating terrorism.
---------------------------------------------------

Asif Ali Zardari,


“The Terrorists Want to Destroy Pakistan,
Too,” December 8, 2008.
---------------------------------------------------
Top tips to protect your firm from money laundering compliance programme with a frequency that reflects
are: the risks your business is exposed to because of the
types of client it deals with, the products and services
1. Make sure your AML programme reflects
it sells and the jurisdictions it operates within. They
your business – Too many firms rely on external
should be essential, non-moveable processes in your
consultants to help put together an almost off-the-
AML compliance program.
shelf AML policy and procedural framework, that
doesn’t reflect a firm’s day to day business 8. Ensure the financial crime team is adequately
activities. resourced– The risk assessment and associated
risk mitigants will drive the decision about required
2. Make sure the flow makes sense – Too often
resources. In the absence of sufficient resources, a
there is misalignment within a financial crime risk
firm cannot revisit the risk assessment. A financial
management framework. The risk assessment
crime team needs adequately competent staff and
should drive the policy, the policy drives the
an efficient toolkit to manage financial crime risk.
procedures, the procedures need to reflect actual
Not having that is a big red flag to any regulator.
business as usual, and the subsequent controls
should monitor that the entire process is aligned What Are The Methods Used for Money
and working. Laundering?
3. Have a clear technology plan – With the data Various institutions and methods are used for money
sets that require scrutiny becoming larger and laundering. Some of these are described below with
larger, it is almost impossible to have an effective examples:
financial crime risk mitigation strategy without
 Smurfing:
technology components, whether within client
identification, client and transaction monitoring It is a method of preventing the reporting of the
or managing the outputs from all these processes said transactions to the authorized institutions
in one clear view. The regulators are clear that within the scope of providing continuous
they expect a clear technology plan. Even if you information or identification by making
choose not to use technology for certain activities, transactions under the legal limits brought by the
you need to be able to articulate why you believe countries regarding the obligation to provide
a manual process is better. continuous information and identification.
4. Understand your tools – When using third party  Opening an account with a fictitious or wrong
PEP and sanctions list, make sure you understand name:
where the data come from, and who how they are In order not to attract attention and to prevent
maintained. When using analytics to monitor control, the transaction is carried out entirely by the
behaviour, trends and transactions, make sure you name of the fictive or someone else.
can explain the underlying rationale for the
algorithms deployed.  Partnering in crime with financial institutions:
5. Be sure to conduct risk-based due diligence- With this type of transaction, in order to
This includes for all customers, associates, overcome the reporting obligation, it is ensured that
consultants and third parties. The higher the risk, the notification is not made by agreeing with the
the higher the level of due diligence is required. management or employee of the institution where
Emerging regulations are requiring firms to the money is deposited above the notification
provide more and more detail about what they do amount.
in this respect, and why they believe that what A case study determined on the subject is as
they do is appropriate. Over the coming 12–18 follows; illegal earnings were taken to the
months there will be increasing clarity about what intermediary institution with the cooperation of
constitutes standard and enhanced due diligence, personnel working in intermediary institutions, and
so firms need to review their current practices checks issued by the intermediary institution were
against new emerging regulations. received in return. These checks were deposited in
6. Make sure your training is focused– Everyone the customer account opened by the brokerage
in a firm should be able to explain how their firm house with fake names, and the funds in this
and its products and services are most at risk from account were used to buy bearer bonds and deposit
financial crime. In the same vain everyone should certificates. Then, when the maturity date came, the
be clear on how to respond to unusual activity, in coupon prices and interest rates of the bond were
order to determine whether this unusual activity taken, and deposit certificates were sold to be
gives rise to concern or possibly suspicion. transferred to the bank account.
7. Regular reviews – Regulations require regular  Benefiting from various companies:
internal control reviews and reassessments. These In this method;
should be hardcoded into your financial crime
- Nonfunctional companies are used. The laundering of black money has reached
terrible dimensions today. Although it is
- Companies operating legally are used.
impossible to determine the exact amount, it is
- Shell corporations are used. estimated that billions of dollars of money
 Money laundering with workers: laundering are committed every year. The source of
black money is always illegal and especially drug
It is a method used by money launderers with trade is the leading one of these crimes. Especially
the idea that the remittance process of the workers behind the rising wave of terrorism in the world,
working in developed countries to their relatives in drug traffic is often found. Drug traffic, which is in
their country will not attract attention. the hands of large mafia groups in the past years, is
 Partnering in crime with foreign financial gradually under the control of terrorist
institutions: organizations, and this development results in the
fact that terrorist organizations, which pose a
It is a method of cooperation with cross- significant danger for each country, are easily out
border centers and other foreign financial of control. Other activities include money
institutions. smuggling, child and youth trade, white woman
 Exchange offices: trade, organ trade, kidnapping, blackmail, and
commercial fraud.
It is the receipt of illegal income in cash by
foreign exchange offices and placement into the The illegal activities mentioned above create great
financial system. social problems in every society. In addition, the increase
in the amount of laundered money every day increases the
 Cash smuggling: power of the criminal organizations politically as well as
In this method; The cash obtained from illegaltheir dominance in the state institutions. On the other hand,
activities is taken to countries where there are not amoney laundering negatively affects national economies.
lot of obligations either by the persons serving asFor example; Although there is no change in the supply-
money courier or by any means. Later on, this cashdemand amount of goods and services in the economy,
is taken into the financial system in these countries.sudden changes in the amount of money put on the market
As a result of these transactions, these funds, whichmay cause fluctuations in prices.
are provided with legal images, can be sent directly
to the country they were first acquired, or they can
be sent in different countries and used without risk.
The way to get rid of the social, economic, and
 Prize money from chance games: political problems caused by the crimes that constitute
In this method; The winner of the jackpot is the source of money and money laundering crime is to
found by the launderers before he gets his jackpot, destroy the organizations that commit these crimes. In
and he is given more money than the jackpot he has this, it is necessary to prevent money laundering and
won. Then the grand prize is taken by the money money laundering that finances these organizations and
launderer. to solve the problem at its source.
 Casinos or etc. businesses: II. What Are The Negative Effects of Money
Laundering on The Economy?
In this method, the launderers' cash is used to
buy chips from casinos, but no gambling is played
The Decrease in Government Revenues
or played very little, and the chips are replaced with
checks taken from the casino. The checks in Money laundering is a global phenomenon that
question are then deposited in a bank, the check undermines the economic and political stability of
prices are transferred from here to another country States. As it becomes difficult for the government to
or used for the purchase of the real estate. generate income from the related transactions, which
On the other hand, money can be transferred are frequent in the informal economy, it decreases tax
directly to the casino, and in return, the money revenues, which causes a serious negative impact on
remaining after the commission can be converted the economy.
into checks that are issued as gambling winnings.
In both cases; Questions asked by money holders Socioeconomic Costs
about the source of this money are answered as
gambling winnings. The socioeconomic effects of money laundering are
diverse because dirty money from criminal activities
I. Why Is It Necessary To Anti-Money flows into legitimate funds; they are used to expand
Laundering? existing crime transactions and finance new ones. Also,
money laundering can lead to the transfer of economic
power from the market, the government, and citizens to
criminals, thereby eliminating crimes and corruption. high level of corruption in the economy will reduces
the growth cycle of the economy which will
ultimately affected the new development project,
when the new projects are not starting on time then
Money laundering Consequences:
it will create less opportunities for new
The negative and long lasting impact of money employments.
laundering can easily be understand or it can be
Tax evasion, illegitimate business, bad integrity,
determined through one of the most common and
affects public policy making badly.
important ways which are here as under.
The impact of money laundering will affects
Societal Impact:
foreign and domestic investments.
The one of the most important area which greatly
a) Organizational Impact:
and deeply impacted from money laundering which is
non other then the society where all the people living, The third and last activity which affected by
money laundering destroy the norms and culture of the the money laundering which is organizational
society the further impact may elaborated as follows. structure and its image, some of key understandings
are here as under.
The initial impact of money laundering on every
society which promotes the crime rates, the major o It hurts the corporate & brand image of the
reason behind is due to the large amount of moneyorganization, it will also hurt the goodwill of people at key
supply is circulating in the economy which generatedlevels of organizations.
from illegitimate sources, which motivated the low o It’s created encumbrance in creating new institutional
class to improve himself by means of crime. relationship as well as affects the banking business.
Promotes White collar crimes and corruption in
Anti Money laundering Ordinance 2007 (SBP)
the organization. This further creates the imbalance
in the society. “A person should be accountable of offence of
money laundering if the person
Badly affected the moral value of the society,
every person in the society is willing to earn more a) Acquires, converts, possesses or transfer of
to take lead on the others without concerning property, knowing or having reason to believe that
whether the funds or wealth coming from the such property is proceeds of crime or
legitimate sources or not. b) Renders assistance to another person for the
Creates evils in the society & Promotes dirty acquisition, conversion, possession or transfer of ,
politics or for concealing or disguising the true nature,
origin, location, disposition, movement or ownership
Money launderer establish any legitimate of property knowing or having reason to believe that
business from the money that previously such property is proceeds of crime”
generated from illegitimate sources, to get the
higher return from the legitimate business the (Source: SBP anti money laundering ordinance
launderer reduces the prices with higher quality and 2007 www.sbp.org.pk)
this expense is to be financed through the funds Money Laundering & Role of FATF:
coming from illegitimate source which increase the
u fair competition in the society. The Financial Action Task Force (FATF) is inter-
governmental organization whose principal agenda is
Economic Impact : to formulate and implement the anti money laundering
The other area which is also impacted from the and terrorist financing laws, both at national and
money laundering, which further impacted the other international levels. So, we called the FATF as policy
areas which is directly or indirectly linked with the making organization, which works to gather the
economy or from the growth and development of information and monitor the different countries laws
the economy, some of which are here as under. and its implementation, and penalize them if not
followed. The other functions included to evaluate the
Parallel economy which is one of the most countries performance relating to anti money
common economies in the Asian markets like laundering measures as well as the implementation of
casinos, brokerage firms, parallel remittance new laws if introduced by the FATF organization.
systems (hawala, hundi, fie chen) one of the most
reliable systems in Pakistan, India and china, FATF does not have defined constitution or the
parallel economies greatly affected economy as unlimited existence. The task force performance
whole in the shape of reducing the earning from review conducted after every five years. The FATF
foreign exchange through banking sector. came into being in the year 1989 after completion
of first / initial successful five years, the ministry
Money laundering will help to increase the un- and its members extended its duration for further 8
employment level in the economy because due to years till 2012.
The FATF has the power to work with the local or
national task force agency of any country, if they found
some fishy or non implementation of anti money
laundering laws in such countries. Currently FATF is
working with many countries to develop their own
countries internal as well as external policies relating
to money laundering and terrorist financing. The main
focus of FATF, now a days is on free trade zones of
every country which established for the purpose of
offering the free trade environment with minimum
regulations, as per the record of FATF the free trade Categories of Cybercrime
zones in the span of one year has sharply increased
to approximately 3000 in 135 countries around the There are three major categories that cybercrime
globe. falls into: individual, property and government. The
types of methods used and difficulty levels vary
Free trade zones provide the incentives to the depending on the category.
companies for the purpose to route the maximum
business through this ventures, incentives by means of
tax rebates, exemption of duties and well defined Property: This is similar to a real-life instance of a
procedures and not very stringent policies, however criminal illegally possessing an individual’s bank or
these exemption is also very much attractive for the credit card details. The hacker steals a person’s bank
illegitimate business as well as money launderer used details to gain access to funds, make purchases online
these places for smooth running of their operations. or run phishing scams to get people to give away their
information. They could also use a malicious software
FATF 40 recommendations divided into four main
to gain access to a web page with confidential
portions. information.
At the time of formation of FATF,introduces its
special 40 recommendations to control the money Individual: This category of cybercrime involves
laundering activities around the globe and to one individual distributing malicious or illegal
strengthen the financial sector of the world economy. information online. This can include cyberstalking,
These 40 points are summaried into 4 main portions; distributing pornography and trafficking.
1. Legal system (possibility of illegal offense of Government: This is the least common cybercrime,
money laundering) but is the most serious offense. A crime against the
2. Measures to be taken by the non bank government is also known as cyber terrorism.
financial sector as well as financial sector of Government cybercrime includes hacking government
the individual country and its implementations websites, military websites or distributing propaganda.
according to the world desire. These criminals are usually terrorists or enemy
3. Other measures taken by different institutions governments of other nations.
against money laundering and terrorist Types of Cybercrime
financing.
DDoS Attacks
4. International cooperation.
These are used to make an online service
unavailable and take the network down by
“Cybercrime, or computer-oriented crime, is a overwhelming the site with traffic from a variety of
Chapter
crime that#20:Cyber crime
involves a computer and a network. sources. Large networks of infected devices known as
The computer may have been used in the Botnets are created by depositing malware on users’
commission of a crime, or it may be the target. computers. The hacker then hacks into the system once
Cybercrime may threaten a person or a nation's the network is down.
security and financial health.”

Botnets
Botnets are networks from compromised computers
that are controlled externally by remote hackers. The
remote hackers then send spam or attack other
computers through these botnets. Botnets can also be
used to act as malware and perform malicious tasks.
Identity Theft
This cybercrime occurs when a criminal gains
access to a user’s personal information to steal funds,
access confidential information, or participate in tax or Online Scams
health insurance fraud. They can also open a These are usually in the form of ads or spam emails
phone/internet account in your name, use your name to that include promises of rewards or offers of unrealistic
plan a criminal activity and claim government benefits amounts of money. Online scams include enticing
in your name. They may do this by finding out user’s offers that are “too good to be true” and when clicked
passwords through hacking, retrieving personal on can cause malware to interfere and compromise
information from social media, or sending phishing information.
emails.
Exploit Kits
Cyberstalking
Exploit kits need a vulnerability (bug in the code of
This kind of cybercrime involves online harassment a software) in order to gain control of a user’s
where the user is subjected to a plethora of online computer. They are readymade tools criminals can buy
messages and emails. Typically cyberstalkers use online and use against anyone with a computer. The
social media, websites and search engines to intimidate exploit kits are upgraded regularly similar to normal
a user and instill fear. Usually, the cyberstalker knows software and are available on dark web hacking
their victim and makes the person feel afraid or forums.
concerned for their safety.
History of Cybercrime
Social Engineering
The malicious tie to hacking was first documented in
Social engineering involves criminals making direct the 1970s when early computerized phones were
contact with you usually by phone or email. They want becoming a target. Tech-savvy people known as
to gain your confidence and usually pose as a customer “phreakers” found a way around paying for long
service agent so you’ll give the necessary information distance calls through a series of codes. They were the
needed. This is typically a password, the company you first hackers, learning how to exploit the system by
work for, or bank information. Cybercriminals will find modifying hardware and software to steal long distance
out what they can about you on the internet and then phone time. This made people realize that computer
attempt to add you as a friend on social accounts. Once systems were vulnerable to criminal activity and the
they gain access to an account, they can sell your more complex systems became, the more susceptible
information or secure accounts in your name. they were to cybercrime.
PUPs Fast Forward to 1990, where a large project named
PUPS or Potentially Unwanted Programs are less Operation Sundevil was exposed. FBI agents
threatening than other cybercrimes, but are a type of confiscated 42 computers and over 20,000 floppy disks
malware. They uninstall necessary software in your that were used by criminals for illegal credit card use
system including search engines and pre-downloaded and telephone services. This operation involved over
apps. They can include spyware or adware, so it’s a 100 FBI agents and took two years to track down only
good idea to install an antivirus software to avoid the a few of the suspects. However, it was seen as a great
malicious download. public relations effort, because it was a way to show
hackers that they will be watched and prosecuted.
Phishing
The Electronic Frontier Foundation was formed
This type of attack involves hackers sending
as a response to threats on public liberties that take
malicious email attachments or URLs to users to gain
place when law enforcement makes a mistake or
access to their accounts or computer. Cybercriminals
participates in unnecessary activities to investigate a
are becoming more established and many of these
cybercrime. Their mission was to protect and defend
emails are not flagged as spam. Users are tricked into
consumers from unlawful prosecution. While helpful,
emails claiming they need to change their password or
it also opened the door for hacker loopholes and
update their billing information, giving criminals
anonymous browsing where many criminals practice
access.
their illegal services.
Prohibited/Illegal Content
Crime and cybercrime have become an
This cybercrime involves criminals sharing and increasingly large problem in our society, even with the
distributing inappropriate content that can be criminal justice system in place. Both in the public web
considered highly distressing and offensive. Offensive space and dark web, cybercriminals are highly skilled
content can include, but is not limited to, sexual activity and are not easy to find.
between adults, videos with intense violent and videos
of criminal activity. Illegal content includes materials IMPACTS OF CYBER CRIME:
advocating terrorism-related acts and child exploitation The impacts of a single, successful cyber attack can
material. This type of content exists both on the have far-reaching implications including financial
everyday internet and on the dark web, an anonymous losses, theft of intellectual property, and loss of
network. consumer confidence and trust. The overall monetary
impact of cyber crime on society and government is
estimated to be billions of dollars a year. Criminals take Cyber criminals take full advantage of anonymity,
advantage of technology in many different ways. The secrecy, and interconnectedness provided by the
Internet, in particular, is a great tool for scammers and Internet, therefore, attacking the very foundations of our
other miscreants, since it allows them to ply their trade modern information society. Law enforcement officials
while hiding behind a shield of digital anonymity. have struggled to keep pace with cyber criminals, who
cost the global economy billions annually. All over the
Cyber crime affects society in a number of different
world, Police and other Law enforcement agencies are
ways, both online and offline. Becoming the victim of
attempting to use the same tools cyber criminals use to
cyber crime can have long-lasting effects on life of an
perpetrate crimes in an effort to prevent those crimes and
individual in particular and society in general. One
bring the guilty parties to justice. In a traditional society
common technique scammers employ is phishing,
like Pakistan, cyber crimes have a far reaching effect.
sending false emails purporting to come from a bank or
Incidents like Qasur Scandal have shaken the very fabric
other financial institution requesting personal
of our society.
information. If one hands over this information, it can
allow the criminal to access one’s bank and credit EMOTIONAL IMPACT OF CYBER CRIME:
accounts, as well as open new accounts and destroy The emotional impact of cyber crime shows that
credit ratings. victims’ strongest reactions are feeling angry, annoyed,
SECURITY COSTS: dejected and cheated, and in many cases, they blame
Cyber criminals attack on businesses, both large and themselves for being attacked. Only few people don’t
small. Hackers attempt to take over company servers to think it will happen to them, and majority do not expect
steal information or use the machines for their own cyber criminals to be brought to justice resulting in an
purposes.. It compels companies to hire new staff and ironic reluctance to take action and a sense of
update software to keep intruders out. According to E- helplessness. Despite emotional burden, the universal
Week, a survey of large companies found an average threat and incidents of cyber crime, few people dare to
expenditure of $8.9 million per year on cyber security, report such crimes to FIA. In such state of affairs, Cyber
with 100 per cent of firms surveyed reporting at least one crime is becoming a business opportunity open to
malware incident in the preceding 12 months and 71 per everybody driven by profit and personal gain.
cent reporting the hijacking of company computers by RECOMMENDATIONS:
outsiders. Cyber crime is indeed getting the recognition it
MONETARY LOSSES: deserves. Cyber criminals always try to develop and
upgrade themselves by staying ahead of the law. Cyber
The overall monetary losses from cyber crime can be
space offers a plethora of opportunities for cyber
immense. According to a report, more than 1.5 million
criminals either to cause harm to innocent people, or to
people fall victim to some sort of cyber crime every day,
make money at the cost of unsuspecting citizens. We
ranging from simple password theft to extensive
know that forensic evidence is important in normal
monetary swindles. With an average loss of $197 per
criminal investigations. But collection and presentation
victim, this adds up to more than $110 billion dollars lost
of electronic evidence to prove cyber crimes have posed
to cyber crime worldwide every year. As consumers get
a challenge to investigation and prosecution agencies
wise to traditional avenues of attack, cyber criminals
and the judiciary. We need a good combination of
have developed new techniques involving mobile
traditional investigation techniques, modern cyber laws
devices and social networks to keep their illicit gains
and technology in harmony with the laws of other
flowing.
countries developing common security standards. In the
PIRACY: era of e-governance and e-commerce, a lack of common
The issue of piracy has affected the entertainment, security standards can create havoc for global trade as
music and software industries in recent times. Claims of well as military matters.
damages are hard to estimate and even harder to verify, * As a society we need to take necessary steps to not
with estimates ranging widely from hundreds of millions only to enact legislation covering every aspect of cyber
to hundreds of billions of dollars per year. In response, crime but also evolving ways and means to keep
copyright holders have lobbied for stricter laws against amending the laws at par with the changing nature of
intellectual property theft, resulting in laws like the such high tech crimes.
Digital Millennium Copyright Act. These laws allow
* We should change our traditional laws especially
copyright holders to target file sharers and sue them for
the Pakistan Penal Code in the backdrop of modern day
large sums of money to counteract the financial damage
of their activities online. Major Film Industries like crimes which involve sophisticated technology.
Hollywood, Bollywood are trying their best to stop the * We should harmonise our laws on cyber crime in
release of pirated versions of their billion dollar movies conformity with International Conventions, treaties and
over the internet especially YouTube agreements in such a way as to facilitate international
cooperation in preventing and combating these illegal
SOCIAL IMPACTS:
cyber activities;
* The Government should focus on capacity building
of its law enforcement agencies especially FIA in the
area of cyber crime and explore bilateral, regional, and
multilateral cooperation mechanisms to enhance the
same;
* Necessary steps should be taken to create awareness
of regarding this menace among the masses, with a focus
on law enforcement agencies, judiciary and legislature.
* To establish a cyber crime victim support fund to
restoration and rehabilitation of the affected people of
such crimes.
* To establish a Research Fund, to support efforts to
for exploring new methods to tackle this menace.
* To formulate a manual of guidelines for
government offices and its functionaries regarding usage
of internet especially social media.

Chapter#13:Terrorism,
"All criminal acts directed against a State and
intended
Radicalism or calculated
and to create
War on a. Terror.
state of terror in
the minds of particular persons or a group of
persons or the. general public."

The global terrorism database (GTD) defines a


terrorist attack as ‘the threatened or actual use of illegal
force and violence by a non-state actor to attain a
political, economic, religious, or social goal through
fear, coercion, or intimidation.ʼ The attacks on the Twin
Towers on September 11, 2001 (9/11), established that
terrorism had reached a new dimension. Its roots are as
much Middle Eastern as they are European and as much
religious as they are secular.
Economic cost of terrorism in Pakistan Terrorism in Effect of terrorism on domestic investment
Pakistan mainly originated during the Soviet-Afghan Domestic investment is also an important channel
war in 1980s. This conflict brought terrorist into south through which terrorism affects output growth. Similar
Asia in the name of Jihad. These Mujahideen were to foreign investment, terrorism also decreases domestic
trained by American CIA and other western investment because it becomes difficult for domestic
intelligence agencies to carry out insurgencies in investors to invest in a terror-stricken environment.
Afghanistan and to fight a proxy war against Soviet Further, public investment is also severely damaged
forces in Afghanistan. Mostly these Mujahideen were because government projects such as the construction of
not disarmed after the war ended in Afghanistan. Some roads, highways, canals, dams, bridges, highway,
of these Mujahideen found safe places in tribal areas of hospitals, and schools are also brought to an end in the
Pakistan near the Pakistan-Afghan border. After the presence of terrorist activities.
event of 9/11 both internal and external funded
Effect of terrorism on government spending
terrorists started terrorism activities in Pakistan in the Terrorism increases government expenditure because
name of Islam as Pakistan was playing the role of a the government must spend more on security issues to
front line state against terrorism. These terrorism maintain law and order in the country. This reallocation
activities after the event of 9/11 have adversely affected of government resources decreases expenditure on social
the economy of Pakistan. First, Pakistan observed an sector development such as health and education. It will
immediate flood of Afghan refugees, which spilled decrease economic growth. In turn, high government
terrorism into Pakistan. Second, the Indian insurgency expenditure on security offsets terrorism by improving
in Pakistan, particularly in Balochistan province, the law and order situation, which will increase both
through Afghanistan has also increased terrorist domestic and foreign investments. It will increase
activities because terrorists obtain financial and economic growth.
military support from India. Terrorism activities have
adversely affected economic growth in Pakistan.
Figure 1 shows GDP growth and deaths by suicide LOSS OF JOBS
attacks in Pakistan. Figure 1 clearly indicates an
inverse relationship between economic growth and A steady decline in livelihood was observed among
terrorist attacks in Pakistan, i.e., when terrorism is low, affected families following a terrorist attack. in most
economic growth is high, and when terrorism is high, cases, the victims were the sole earners in their
economic growth is low. To overcome terrorism, a respective families; nearly two thirds of the affected
significant share of human and financial resources have families (69%) have only one income-earning member
been allocated for security purposes. In the last 17 Social impacts:
fiscal years since the event of 9/11, Pakistan’s economy
has suffered a direct and indirect cost linked to terrorist CHANGES IN FAMILY STRUCTURE
activities of almost $126.79 billion, which is equal to Death of the breadwinner and injuries to survivors
Rs. 10762.14 billion (see Table 1). Further, normal significantly influenced the family structure of affected
economic and trading activities have also been families. one third of the affected families experienced
disrupted, which has increased the cost of doing changes in family structure after the terrorist attacks.
business. Terrorism has also adversely affected Approximately three fourths of the deceased’s families
Pakistan’s international trade. As a result, Pakistan has were merged into their respective extended families
lost its market share and therefore remains unable to (75%). In almost half of the deceased’s families, the
achieve its targeted growth rates. widows and orphans were relocated to their in-laws’
Effect of terrorism on foreign direct investment houses (43%) and became part of their husbands’
Terrorism affects FDI in many ways. Terrorism parental extended families. In 33% of the deceased’s
increases insecurity and uncertainty in the country, families, senior males from the late husband’s extended
which causes a loss of confidence in foreign investors, family joined the deceased’s family and began living
causing them to divert their resources from the host with them on permanent basis. In contrast, no significant
country to other, peaceful countries changes in family type were reported in survivors’
families.
. If foreign investors do not see any increase in their
expected returns in Table 3. Fatalities in terrorist DISRUPTION IN CHILDREN’S EDUCATION
violence in the presence of high levels of terrorism, then AND ACADEMIC PERFORMANCE
they will shift their resources from the host country to Terrorism severely disrupted the education and
other, safe countries. An uncertain environment makes academic performance of children from affected
an investor to deem it an unproductive investment since families. Nearly 10% of the students ended their studies
costly security measures decrease the returns on FDI. and began working or sought employment to support
Terrorism also damages local infrastructure such as their families in the aftermath of terrorist attacks.
roads, bridges, and telecommunications. It discourages Moreover, one third of the affected children failed to be
foreign investment by increasing the cost of doing promoted to the next class (33%), and more than half of
business. the students received lower grades on their examinations
following terrorism incidents (57%). children in the airport security had a devastating effect on the airline
survivors’ families suffered comparatively more in terms industry following the September 11th attacks. Airline
of lower grades than children from the deceased’s employees and those working in support industries have
families. Prior to the incidents, children from affected been faced with layoffs, salary reductions, potential loss
families used additional coaching facilities, either from of retirement benefits, and uncertainty about their future
a home tutor or from a coaching academy, to improve employment.
academic performance. However, nearly all affected
Islam and terrorism:
families suspended their children’s attendance at these
coaching facilities subsequent to the attacks. If one examines a wide range of sources, however,
a number of key patterns emerge that make five things
EFFECTS OF TERRORISM ON CHILDREN very clear:
In addition to victimizing the economically active  First, the overwhelming majority of extremist and
population, terrorism has devastating effects on children violent terrorist incidents do occur in largely
.Various studies have shown that children are at a Muslim states.
relatively higher risk of suffering from posttraumatic
stress disorder (PTSD) in the wake of their exposure to  Second, most of these incidents are perpetrated by a
terrorism. In Israel, empirical studies have found small minority of Muslims seeking power primarily
behavioral problems such as alcoholism and addiction to in their own areas of operation and whose primary
smoking among youth exposed to terrorism. victims are fellow Muslims.
Parents play a significant role in child school  Third, almost all of the governments of the
achievement and loss of parents or health shocks to them countries involved are actively fighting extremism
increases the risk of poorer school attendance and and terrorism, and most are allies of Western
dropping out of school. states that work closely with the security, military,
and counterterrorism forces of non-Muslim states
Psychiatric impacts: to fight extremism and terrorism.
An increase in the prevalence of psychiatric disorders  Fourth, the vast majority of Muslims oppose violent
is one consequence of terrorism. Even emotional and extremism and terrorism, and,
behavioral changes that do not reach the level of a
diagnosable disorder may contribute significantly to the  Fifth, religion is only one of many factors that lead
overall health burden resulting from terrorist attacks. to instability and violence in largely Muslim
Psychiatric disorders will occur in a relatively small states. It is a critical ideological force in shaping
percentage of the exposed population. The course of the current patterns of extremism, but it does not
illness for those in whom such a disorder develops will represent the core values of Islam and many other
be variable. Many will experience transient reactions, far more material factors help lead to the rise of
such as acute stress disorder (ASD) and bereavement. In extremism.
an even smaller percentage more serious conditions such The analysis draws on a wide range of sources to
as posttraumatic stress disorder (PTSD) or depression illustrate these trends and how the global patterns in
will develop. For those individuals, the course of illness terrorism and violence interact with Islam.
may be highly variable; some will experience remission,
while others will have symptoms that persist for months
or years. In addition to illness, there will be changes in
health-related behaviors, changes in routine behaviors
among members of a community, and changes in the Causes of terrorism:
level of overall stress experienced by survivors of Several causes of terrorism were identified in
terrorism qualitative and quantitative analysis. However, five
Changes in health-related behaviors causes have been considered as the most important. Now
we discuss these most important five factors.
While this aspect is not often considered by
psychiatrists, large-scale traumatic events such as the 1. Lack of law enforcement
September 11th attacks can lead to changes in health Lack of law enforcement was ranked as the most
related behaviors. As emotional resilience is challenged important cause of terrorism. Law enforcement is
during such an event and during recovery, individuals defined as ensuring obedience to state laws, and is
may resume or increase use of alcohol, tobacco products, generally considered as a society’s formal attempt to
and illicit drugs. Even if use does not rise to the level of obtain compliance with the established rules,
abuse or dependence, the increased use may result in regulations, and laws of that society. Law enforcement
long-term health effects, effects on family interactions, has much to do with terrorism as it is an important
and increased rates of injury, assault, and crime. counterterrorism tool, and provides basis for responding
Acts of terrorism will also result in changes of routine acts of terrorism in a country.
behavior among survivors. Anxiety about air travel and Unfortunately, the situation of law enforcement in
the increased congestion and delays associated with Pakistan is very discouraging. According to the Rule of
Law Index 2014 , Pakistani administrative agencies are civilian population.35 These anti-Pakistan groups
ineffective in enforcing regulations. Out of 99 countriesorganized themselves as Tehreek e Taliban, Pakistan
included in this index, Pakistan is ranked 95th for (TTP). TTP claimed the responsibility of recent attacks
regulatory enforcement, and ranks last in the world for on Karachi international airport. The militant group also
order and security. The index further highlights that theowned responsibility of May 2011 attacks on Mehran
country’s judicial system is slow and ineffective, and law
naval airbase. Many other attacks of mass destruction
violation is common. have been claimed by this militant group. On June 15,
The shortcoming of our system is that many detained 2014 Pakistan’s joint military forces launched an
terrorists are released without trial as their detention offensive, Operation Zarb-e-Azb, against these militant
expires without any action. Among other shortcomings groups.
are; lack of a proper mechanism to collect and preserve 4. Foreign involvement
authentic evidence to present in court, poor police Respondents believe that foreign intervention is the
system, absence of high security prisons for terrorist fourth most important cause of terrorism in Pakistan. It
suspects, lack of security for the judges, prosecutors & is common perception among Pakistani media and
witnesses, and lack of a monitoring mechanism over academic literature that foreign intelligence agencies are
mosques & religious madrassas. These are some serious widely present in the country, and they are financing and
weaknesses of an antiterrorism act, and can be expected
training terrorists in anti-state activities. A research
to encourage rather than preventing terrorism. Recently, published in The Washington Quarterly indicates that
the military courts have been established to deal with “most private media outlets go so far as to find a joint
terrorists. In sum, an overall situation of law ‘CIA – RAW – Mossad’– in other words, U.S. – Indian
enforcement in the country can be thought an important – Israeli – hand in every terrorist attack that takes place
cause of terrorism. inside Pakistan”.36 Other researchers such as Sajjad37
2. Poverty and Dostani 38 also indicate the similar facts. A press
article written by Scahill39 in The Nation informs the
Poverty has been ranked as the second most important
widespread existence of Blackwater in the country.
cause of terrorism in Pakistan. It is generally believed
However, no solid evidence has been found about
that poverty, inequality, and poor economic conditions
Blackwater’s involvement in terrorist activities in
are among the root causes of terrorism.30 Though
Pakistan, but there is much such noise in media. Though
contradictions exist in literature regarding the role of
foreign intervention can be a cause of terrorism in
poverty in breeding terrorism, many world leaders have
Pakistan, the country’s media may have some impact on
warned about the relationship between poverty and
expert opinion.
Islamic militancy. Our respondents believe poverty as an
important cause of terrorism because the ground reality 5. Unemployment
is evident that in this country 60% of population lives Unemployment was believed to be the fifth most
below poverty line, if $2 be the minimum daily wage31. important cause of terrorism in Pakistan. Generally
Many poor parents are unable to feed and educate their speaking, unemployment refers to the situation in which
children, and send them to madrasas (religious schools) the people of working age are not working but looking
to fulfill these basic needs. Madrasas are an important for employment. Though there are some contradictions,
source of militancy in Pakistan.32 Madrasas are not the strong evidence exists on the relationship between
only source of militancy emerging from poor economic unemployment and terrorism.40 Unemployment is a
conditions. The youth from poor families also directly source of insurgency as it creates grievance among
join the militant groups to improve their living.33 Thus, unemployed people. If the economies are unable to
poverty causes the provision of an ample supply line of provide a reasonable employment, especially to low-
manpower for terrorist organizations. skilled marginally unemployed people, recruitment in
3. Pakistan’s participation in War on Terror insurgent groups may be high. This argument comes
from opportunity cost approach which describes that
Among the most important causes of terrorism in
supply of labor to terrorist groups is not legitimate in the
Pakistan, a considerably high rank was assigned to
presence of paid employment.41 Referencing from
participation in war on terror. Pakistan’s participation in
existing research, Justino describes that “More recent
war on terror means Pakistan’s support to US, UK, and
studies have suggested that persistent levels of
NATO forces in global war on terror which was initiated
unemployment may make soldiering a means of earning
by US in search of Usama bin Laden after the tragic
a living when other (non-violent) means of livelihoods
incident of 9/11. Pakistan’s support was “in terms of
offer limited opportunities”. 42 Looking at these
access (basing, sea and air access), intelligence support
and logistics”. arguments it can be stated that a strong line of reasoning
exists on the relationship between unemployment and
Historically, Pakistan patronized these groups for terrorism. Pakistan is a country with high unemployment
achieving its objectives in Afghanistan and India, but rates. Pakistan Bureau of Statistics (2013)43 reports only
Pakistan’s participation in war on terror converted these 6% unemployment rate in the country, but the statistics
groups into anti-Pakistan militants, and they started don’t reflect real employment situation. The researchers
targeting the Pakistan army, police, infrastructure, and and academic scholars believe that these statistics don’t
show a connection between employment and other
macroeconomic variables. This fact is further confirmed
by International Labor Organization’s Global
Employment Trends 2014, which emphasized that
Pakistan should create decent employment for young
men and women.44 CIA World Fact Book45 also
indicates that substantial underemployment exists in the
country. Unemployment, underemployment, and lack of
decent jobs for qualified youth are among the causes of
militant recruitment in Pakistan.46 Moreover, a sense of
helplessness and deprivation is promoting suicidal
attempt and ideation among unemployed Pakistani
youth.47 In his address to Third Global HR Excellence
Awards-2012, that time Federal Minister Dr. Farooq
Sattar highlighted the connection between
unemployment and terrorism in Pakistan.48 So, there is
less doubt that unemployment is an important cause of
terrorism in Pakistan.

There is a lot of detail behind each of these


statements. But if you feel confident that everything is
appropriately covered and documented within your
firm, you are on track to have an effective financial
crime risk strategy.
The Criminal Justice System in Pakistan comprises
of five components i.e. the police, judiciary, prisons,
prosecution, probation and parole. This study discusses
and analyzes the efficiency level of these components
by taking into account the work assigned and disposed
of by every component of the criminal justice system
during the year 2014. The scope of the study was
limited to the four provinces namely Punjab, Sindh,
Khyber Pakhtunkhwa and Balochistan. Data for cases
registered by police, district and superior judiciary and
prisons was obtained. A mix of primary and secondary
data was used. It transpired that during the year 2014,
a total of 612,835 cases were registered by police in
four provinces of Pakistan out of which 26 percent
were still pending with the police at the end of the year.
Similarly cases taken up by the district courts at trial
stage in the four provinces were 2,160,752 and 69.2 other in order to provide justice to not only to the victim
percent cases were disposed of during the year. The but to the accused as well [2].
disposal rate of High Courts collectively was 53.9 A good and reliable system of criminal justice not
percent and the disposal rate by the Supreme Court was only caters to speedy remedy for the victims of crime
less than fifty percent. The jails were found to be over but also safeguards and protects the legitimate rights of
crowded as they were overpopulated by 156 percent the accused. The system is based on fairness, equality,
and majority included under-trial prisoners. Even justice and fair-play for all – a system that deals with
though prosecution has been separated from police, it crime and criminals with the view to maintain peace
is still in infancy and no specialization or work load and order in the society [3].
management system is in place. No credible data as to
probation and parole was available, so it Criminal justice is the system of practices and
institutions of the government directed at upholding
appeared to be a much neglected area. More or less social control, deterring and mitigating crime, or
the performance of criminal justice system is not at its sanctioning those who violate laws with criminal
optimal level in Pakistan and remedial measures like penalties and rehabilitation efforts. Criminal justice
improvement and enhancement of physical system mainly consists of three parts:
infrastructures and capacity building of existing police,
investigators, judges, prosecutors and jail staff is (i) Police (law enforcement); (ii) Courts
required along with focus on enhancing the existing (adjudication/trial); (iii) Prisons (corrections/ probation
strengths of investigators, judges, prosecutors and jails and parole).
in order to improve the efficiency level and The criminal justice system of Pakistan has been
effectiveness of service delivery by the criminal justice inherited from the British. This system aims to reduce
system as a whole. crime, bring more offenders to justice and raise public
Glossary of Terms confidence that the system is fair and will deliver
justice for law-abiding citizens.
FIR First Information Report
The major and important deficiencies and
Challan Police report under section 173 of weaknesses of the criminal justice system of Pakistan
CrPC are accurate reporting of crime to the police,
CrPC Criminal Procedure Code 1898 malpractices during litigation, delayed submission of
challans to the courts by public prosecutors, lopsided
PPC Pakistan Penal Code 1860
and long duration of trials where the accused is
The criminal justice system in Pakistan is known to considered to be the favourite child of the court,
be faulty, exploitative and inequitable. These problems overcrowding of jails due to a large number of under-
are most certainly some of the main causes behind high trial prisoners, underdeveloped system of parole and
crime rates [1]. The civil and criminal justice system in probation and capacity issues. These weaknesses,
Pakistan is confronted today with the serious crisis of especially capacity issues, are not restricted to any one
abnormal delays. Delay in litigation of civil and segment of the criminal justice system – all
criminal cases has become chronic and proverbial. The components including law enforcement, judiciary and
phenomenon is not restricted to Pakistan; it is rather corrections/prisons equally fall short.
historical and universal. It is inherent in every judicial
The legal basis of the criminal justice system of
system which meticulously guards against any injustice
Pakistan includes the Criminal Procedure Act of 1898
being done to an individual in a civil dispute or criminal
(popularly known as the CrPC) and Pakistan Penal
prosecution. A paramount principle of the criminal
Code 1860 which lay out the foundations, procedures
justice system is that an accused is punished only after
and functions of all components of the system starting
his or her guilt is proved beyond a shadow of doubt.
from reporting of the case to police, its trial by courts,
Similarly, justice demands that in the trial of a civil
appeals and correction at jails. However, even though
case, the dispute must be decided strictly in accordance
amendments from time to time had been made in laws
with the law and on the principles of equity,
to cater for changing needs, Islamize laws and keep
justice and fair-play. Such universally recognized them up-to-date, the major shape is still the same.
and time-tested principles are also in accordance with Unfortunately, Pakistan’s system has failed to achieve
the injunctions of Islam as the Holy Quran ordains that the wider objectives, that is why the Supreme Court
Muslims must eschew injustice, coercion and observed that “…people are losing faith in the
suppression. dispensation of criminal justice by ordinary criminal
The criminal justice system is defined as the set of courts for the reason that they either acquit the accused
agencies and processes established by governments to persons on technical grounds or take a lenient view in
control crime and impose penalties on those who awarding sentences [4].” This has resulted more often
violate laws. This system has various components in people resorting to street justice and incidents
which have to work in harmony and support of each involving lynching of criminals by public which have
been reported by media a number of times [5].
Owing to the above shortcomings, the whole system SA Rehman Law Commission examined the causes
of criminal justice is considered to be underperforming. of delays in civil and criminal litigation and
In the past, several attempts were made at amending the recommended the appropriate amendments in relevant
legal framework to make the system efficient and laws. The Commission, however, did not suggest any
improve its efficiency and effectiveness but those were radical change in the existing judicial system [9].
largely in bits and pieces and were done half-heartedly, Justice Hamood ur Rehman Law Reform
not yielding any positive results [6]. Commission Report is a fairly comprehensive report on
To critically analyze the functioning and the subject of delays in civil and criminal litigation. It
interrelations of various components (police, courts, did not find any major fault with the existing legal
prisons, etc.) and their correlation with each other, the system. The report listed recommendations under three
study will also focus on the weaknesses of the system categories namely legislative action, strict application
and coordinated efforts to improve efficiency. of existing laws/rules and administrative action. It
proposed for an increase in the number of judicial
The main objective of the research is to analyze the
officers and allied infrastructure to reduce the time in
flaws of the criminal justice system/criminal
disposal of cases [10].
prosecution system in Pakistan and to find effective
solutions to create an accessible, efficient and reliable Law Reform Committee Report recommendations
justice system in Pakistan. Moreover, this study aims were given with respect to increase the number of
to analyze the issues concerning criminal prosecution, judges and provision of infrastructure to improve the
exploitation by law enforcement agencies and the vast work of investigation and prosecution officers [11].
problems existing in the lower courts of Pakistan. The President’s Commission on Law Enforcement and
study will be carried out with a number of general and Administration of Justice’s Challenge of Crime in a
specific objectives. Free Society (1967) suggested a systematic approach to
The specific objectives will be to: criminal justice which improved coordination among
law enforcement, courts and correction agencies [12].
(i) Critically analyze the working efficiency of each
component in terms of work assigned and disposed of Criminal justice system reflects a commitment by
in a specific period of time; (ii) Correlation of these the society to prevent and control crime while dealing
components to one another in the efficient dispensation justly with those accused of violating criminal law [13].
of justice.
It is a system of people, politics and procedures that
The general objectives will be to: interacts dynamically with agencies at all levels of
government and with the interests and values of society
(i) Identify weaknesses of the system; (ii) Suggest
at large [14].
measures for improving the overall efficiency of the
criminal justice system. A defense analyst has noted that, “The Police Order
of 2002 increased senior police posts by 300 per cent.
The study will be limited to the aforementioned four
More than 15 percent of the police budget funds police
provinces of Pakistan and major components of the
administrators in the form of a long chain of
criminal justice system i.e. police, judiciary and
supervisors above DSP (Deputy Superintendent
prisons. Data from calendar year 2014 will be
Police) level [15].”
used regarding all these components.
A mix of primary and secondary data has been used
The nature of adversarial litigation is such that the for the purpose of this study. Data related to the
parties themselves are responsible for preparation and registration of cases by the police was collected from
presentation of their cases during interlocutory stages the respective Central Police Offices of the provinces
at trial. The cases are decided on legal and factual and data about the disposal of criminal cases by district
issues presented to the court while parties have judiciary, high courts and supreme court was collected
complete control in the matter of factual investigation from Judicial Statistics of Pakistan for the year 2014.
for that purpose. This necessarily means that the pace
Percentage analysis was used as the primary tool of
at which proceedings are pursued is largely dictated by
data analysis. Percentage change – between the work
the parties and the traditional role of the court is to
assigned, disposed of and pending – has been the
adjudicate when called upon to do so [7].
criterion to assess the output.
An analytical study of the criminal justice system of
This paper consists of three main parts i.e. role of
Pakistan highlights its main lacunae and shortcomings
police, role of Judiciary and role of jails/prison
and provides viable recommendations so that a fair trial
could be ensured and radical changes for overhaul departments in the criminal justice system.
Furthermore the strong and weak areas will be
could be enforced [8]. Review of literature that has
identified accordingly with conclusion and
been carried includes a number of annual reports by
recommendations.
various monitoring agencies along with research
papers, journals, news items and books on the subject. Role of Police
The following literature was chiefly consulted:
The police has been entrusted under law to protect of FIR the matter is assigned to a police officer for
the life and property of citizens of the country. Criminal investigation. Investigation is carried out under the
Procedure Code and Police Order 2002 provide procedure given in CrPC as well as the guidelines given
necessary legal cover to the police to perform this in Chapter 25 of the Police Rules 1934.
function and bring criminals to book. Investigation is the process of collection of
Police is the first and foremost component of the evidence to establish the commission of any offence
criminal justice system. Persons aggrieved of and the roles played by individuals in commission of
highhandedness approach the police for legal those offences. Once evidence is collected and grounds
protection and redressal of grievances. This forms the of involvement or innocence of the accused are
basis of criminal action and the foundation of criminal established, the investigating officer (IO) prepares
justice system. challan for submission to the court. CrPC provides
powers to the investigating officer to acquit any
Registration of FIR: Criminal justice begins with a
accused against whom no evidence of involvement is
First Information Report (FIR) at a police station. It has
found under section 169 but this practice is usually
been observed and usually complained about that
disliked by the courts and they insist that the police
police avoids registering the crime when reported and
should challan them under Column No.2 of the challan.
usually delays the registration of FIR. The delay in
This causes delay in justice and puts the falsely
registration of FIR is due to a number of reasons, the
implicated persons under undue torture and delay in
foremost being non-willingness on the part of police as
getting relief and being discharged. All accused against
it will reflect badly on their performance. Other reasons
whom no evidence is received should be released by
may include extraneous pressures and corruption. The
the police.
second stage is apprehension or arrest. The law requires
any person taken into police custody to be presented Quality of investigation by police and timely
before a court within 24 hours, with the magistrate then completion of investigation is of vital importance for
determining whether, prima facie, there are grounds for the dispensation of justice and effective operation of
a case. This process, more often than not, is honoured. the criminal justice system. Under the law,
Magistrates commonly order a investigation officer is bound to submit challan in 17
days before the court. As it is practically not possible
remand without even seeing the accused. Moreover,
to collect all of the evidence in such short time, interim
when judges do not remand the accused, the police
challans are submitted in this period and investigations
often re-arrest him or her. By law, the accused cannot
at times take months to complete.
be in police custody for more than fourteen days,
although courts typically grant extensions on the FIGURE I – Police Work Load 2014
grounds that the police need more time to recover
evidence. Meanwhile, the police are said to torture the
accused to get a confession.
To provide relief to general public in the registration
of FIRs and to counter delays, an amendment was made
in CrPC and justices-ofpeace were introduced by
inserting a new section 22 A & B. Delay in registration
of FIRs, non-registration of FIRs and the powers of
justice-of-peace are dealt with under the said section.
However, the police still have to register the FIR as
justice-of-peace can only pass an administrative order
to the concerned Station House Officer (SHO) for
registration of FIR. No separate register for registration
of such FIRs has been prescribed. If the same is Figure I depicts the registration of FIRs by various
prescribed, a problem will arise as to who would carry provinces and the challans submitted. It is clear that the
out the investigation and submit challan to the court, maximum number of FIRs was registered in Punjab
the police or the justice-of-peace? whereas Khyber Pakhtunkhwa police was able to send
the maximum number of registered cases to court.
It has also been observed that after the introduction
of section 22A and B, the number of false FIRs has During the year 2014, a total of 612,385 FIRs were
increased as the FIRs which were usually not registered registered by the four provinces’ police. This is the
by the local police on suspicion of being false and number of crimes that has been registered by police.
fabricated, are now ordered under 22A of CrPC by the The actual number of crimes reported to the police is
concerned justice-of-peace directing local police to higher than this as there is a tendency that not all of the
register the same. This has largely been misused. crimes reported to the police get registered. Similarly
there are also some instances where crimes are not
Investigation: This is the second most important reported to police at all.
function performed by the police. After the registration
Police submitted almost 80% of the cases to court basic requirements met and their monthly expenditures
after investigation and at the end of the year only 27% outpace their allocations. Most stations are selffinanced
of the cases were pending for investigation with the to a significant extent. For example, police may pay for
police. The detailed breakup province-wise is given in their own stationery and maintenance of vehicles,
Figure I. including petrol. The SHO becomes beholden to others
because he or she is relying on them to provide the
It is evident from the data of the year 2014 that a
station with vehicles, equipment, and so on, to be able
total of 612385 FIRs were registered by the police all
to carry out their jobs. The SHO is similarly beholden
over Pakistan out of which almost 3% were cancelled
to superiors who often interfere in the business of
for being false or lacking evidence and 52% were
police stations on behalf of outsiders, including
challaned and sent to courts.
intelligence officials. The Police Order 2002 made the
The cases under investigation come to around 4%. force even more top-heavy, further weakening police
We can safely infer from this data that police has stations’ operational independence and efficacy.
completed almost 97% of the work assigned during this
period. This analysis is purely on the quantity of work Role of Judiciary
disposed of and not on the quality of investigations. Pakistan’s courts and prisons are overburdened. At
the start of 2014, excluding those before special courts
FIGURE II: Annual Police Workload Country-
and administrative tribunals, there were more than
Wide
138,296 cases pending in the superior courts, including
the Supreme Court and provincial High Courts, and
more than 2.6 million with the subordinate judiciary.
Police, lawyers and judges agree that the number of
courts needs to be doubled at a minimum [16]. Staffing
those courts will be an even more crucial task. Around
900 magistrates with civil and criminal jurisdiction for
a population of roughly 160 million handle around 75
per cent of all criminal cases [17]. While there have
been some improvements in recruitment and salaries,
with the Punjab government for example tripling
Reforms in Police System: Much has been talked judicial officers’ salaries, the benefits are not visible
about reforms in the police system but all of these are yet and trained judges are scarce.
cosmetic. No real focus has been made on the root There is the Supreme Court with its principal seat in
causes of the problems. Mere amendment in laws will Islamabad, High courts in all provinces and sessions
not yield the desired results. courts in each district of the province headed by
Police powers under s.54 and 169 CrPC are largely sessions judges who deal with criminal cases. Then
criticized by the judiciary for their misuse by the police. there are further subordinate courts of additional
Law has given powers to police officers which they sessions judges and judicial magistrates.
should exercise in a transparent manner and in the Criminal cases punishable with death and life
interests of justice. An SHO has been been given imprisonment as well as cases arising out of the
powers of bail but these are not exercised in ordinary enforcement of laws relating to Hudood are tried by
circumstances. The application of law and the use of sessions judges. Offences not punishable with death or
powers of bail by an SHO should be without fear or life imprisonment are tried by judicial magistrates.
favor as it will be the first level of redressal or relief to
An appeal against the sentence passed by a sessions
any accused against whom a false FIR has been
judge lies to the High Court and against the sentence
registered. It should rather be made mandatory that any
passed by a judicial magistrate, a special judicial
person against whom
magistrate or a special magistrate to the sessions judge
an FIR has been registered should be accorded the if the term of sentence is up to four years, otherwise to
facility of bail as soon as he or she reports at the the High Court.
concerned police station while investigation on him or
Trial Stage: Trials are carried out at district levels
her should be conducted in the same manner as of any
where subordinate judiciary undertakes the same.
other person on bail before arrest.
There is a rampant delay in deciding cases and it is
Police stations are also inadequately equipped, owing to this delay in framing charges, recording
sometimes even lacking proper premises. Police evidence, examining witnesses and other delaying
budgets do not cover individual stations. Instead, tactics used by lawyers for ulterior motives, that derail
allocations for arms and ammunition, transport, due process for the benefit of the accused. There is no
maintenance, stationery and other necessary items are fixed time-frame for the completion of trial in criminal
centralized in provincial police budgets and then cases.
distributed to stations. Many stations do not have their
FIGURE III: Annual District Judiciary Work Load headquarters. The cases instituted by the High Courts
Province Wise Year 2014 and their disposal are shown in FIGURE V below.
FIGURE V: Annual Workload of High Courts
Province-Wise Year 2014

Province wise breakup of disposal of work by the


district judiciary is given in Figure III.
The highest pendency brought forward from the
FIGURE IV: Annual District Judiciary Work Load previous year was in Sindh High Court. Peshawar High
Year 2014 court was the most efficient in disposal of assigned
work as it had disposed off almost 63% of the cases
followed by Lahore High court with 59.5% disposal
rate. The minimum disposal of cases during the year
was of Sindh High Court as reflected in the figure.
The pie-chart shows the collective disposal rate of
all High Courts of the four provinces, which comes to
27% of the cases (instituted and brought forward) at the
beginning of year 2014. 22% pendency was brought
forward and at the end of year 2014, it rose to 23%.
This situation is not very satisfactory.
FIGURE VI: Annual Workload of High Courts
Case-Wise Year 2014

The highest pendency brought forward was 29% in


the district courts of Sindh. The highest disposal of
cases was 79.9% carried out by the district courts of
Khyber Pakhtunkhwa followed by 79.8% by the
district courts of Balochistan. The least disposal of
cases was by the district judiciary of Punjab.
A total of 2,160,752 cases were placed before the
trial courts during the year 2014. Out of these 592,964
had been brought forward from the previous year 2013.
The total cases disposed of during the year were
1,495,783 which were 35% of the total cases for the
year 2014. The cases pending were about 14% of the Supreme Court: The delay at Supreme Court level
total. It is pertinent to mention that a bulk of cases, that is not only phenomenal but also causing an increasing
is 37% is instituted during the year. The balance backlog. There is a proverb that “justice delayed is
brought forward and left at the end of the year is almost justice denied”. In a recent case of Khawaja Mazhar
same which shows that the level of pendency is not Inayat, the accused who was convicted in a murder case
decreasing rather it is increasing at a constant rate. This in 1997 by the lower judiciary, was exonerated of the
is alarming and needs special attention and efforts to charges being false by the Supreme Court after almost
tackle otherwise it will keep on increasing and will 20 years of that conviction. It transpired later that the
defeat the actual rate of disposal severely. This also said accused had died of a cardiac arrest two years
highlights that cases are delayed for over one year. The earlier (in 2014) in District Jail Jhelum.
reason as highlighted earlier is the huge burden of cases
per judge. A total of 10,730 criminal cases were placed before
the Supreme Court of Pakistan during the year 2014.
High Courts: There are four High Courts in the Out of these 5,379 were instituted during the year 2014.
country with principal seats in all the provincial 5,320 cases were disposed off during the year 2014,
which comes to around 49.5% and the balance left
behind is about 5210 cases, that is almost 48.55%. It is former Inspector General (IG) Punjab [19]. A former
pertinent to note that the pendency brought forward Supreme Court Chief Justice added that, “To separate
was 49.8%. Accordingly, the pendency brought prosecution from the police, you need to properly fund
forward and disposal is almost at the same rate. it and equip it with a competent lawyer. That has not
happened.”
FIGURE VII: Annual Work Load of Supreme
Court of Pakistan in the year 2014 Since no data was available as to how much work
had been assigned per year to prosecutors, parole and
probation officers, no analysis as to their work assigned
and disposed of in a year was carried out.
Role of Prisons
Prisons are overcrowded, with prisoners on trial
accounting for more than 80 percent of the prison
population. Only 27,000 of the country’s roughly
81,000 prisoners have been convicted. In early 2010, a
major prison in Lahore, with a capacity for 1,050 held
4,651 prisoners. There has been some improvement in
Figure VII clearly shows that the pendency brought recent years. In August 2008, for instance, Sindh’s
forward is almost equal to the disposal. The remaining prison population was over 20,000; by September 2010
balance is almost equal to what the Supreme Court Sindh’s prisons held 18,234 prisoners but still
started with at the beginning of the year. There is a need significantly above the prison capacity of 9,541 and
for the ratio of disposal of cases by Supreme Court to with only 2,641 convicts [20]. Prison resources, which
be higher than the cases instituted or pending, only that would be inadequate even for a smaller prison
way it will be able to clear the pendency otherwise the population, are overstretched. A Sindh provincial
level of pendency will remain the same. minister told the Sindh Assembly that the government
had only 155 vans to bring more than 13,000 prisoners
Prosecutors: The decision to take a case to trial to courts and that is why prisoners are seldom
ultimately rests with the prosecutor. While the courts, transported to courts on the date of their hearing. “It
prisons and police represent the public face of the seems to take more time to bring a person to court than
justice system, the relatively small prosecution services to actually dispose of the case,” said a former Sindh
have lesser needs for elaborate infrastructure than the Advocate General. Conditions are abysmal and
other three. Nevertheless, they form the core of the prisoners’ rights are regularly violated, for example,
criminal justice remand prisoners are assigned to labourious work in
system and their effectiveness determines the contravention of the law.
effectiveness of the system. Until 2002, prosecution This huge prison population also poses serious
services were part of the police. Each provincial force security implications – law enforcement officials refer
maintained its own prosecution wing, comprising of to prisons as the ‘think-tanks’ of militant groups, where
law graduates of the rank of sub-inspector, inspector or networks are established and operations are planned,
deputy superintendent. The Police Order 2002 facilitated by the availability of mobile phones and a
separated prosecution services from police, bringing generally permissive environment. Prisons have thus
them under the Law Department. Between 2003 and become major venues of jihadi recruitment and
2006, all four provinces passed a Criminal Prosecution activity.
Service Act to establish “an independent, effective and
efficient service for prosecution of criminal cases, for There have been a few sustained efforts to address
better coordination in the criminal justice system of the overcrowding and the conditions of prisoners under-
province” [18]. A Prosecutor General heads each trial, and to even implement existing codes and
provincial service, appointed by the provincial procedures. In 1972, Pakistan’s first elected
government. Below him or her are Additional government led by Zulfikar Ali Bhutto’s People’s
Prosecutors General, Deputy Prosecutors General and Party, introduced a reforms-package aimed at
Assistant Prosecutors General – there are District improving delivery of justice and provision of relief for
Public Prosecutors, Deputy District Public Prosecutors prisoners through bail. According to Section 426 (I-A)
and Assistant District Public Prosecutors at the district of the CrPC:
level. Separating police and prosecution was overdue, An appellate court shall, unless for reasons to be
but the newly established service faces major recorded in writing it otherwise directs, order a
difficulties. Inducting recruits with criminal law convicted person to be released on bail who has been
expertise remains a major challenge, particularly as the sentenced
prosecution services have yet to develop their
institutional identity. “Prosecutors with only three or a) to imprisonment for a period not exceeding three
four years of experience are serving as District years and whose appeal has not been decided within a
Attorneys or Assistant District Attorneys,” said a period of six months of conviction;
b) to imprisonment for a period exceeding three society. Dispensation of justice gets delayed in the
years but not exceeding seven years and whose appeal process of registration of FIRs by police, poor quality
has not been decided within a period of one year of of investigations, long duration of trials, poor
conviction. prosecution, overcrowded jails, rampant corruption
among all departments dispensing justice, lack of
The prisons are overcrowded, most of them with
infrastructure facilities for police, courts, prosecutors
prisoners undertrial. The total capacity of all prisons in
and jails to adequately and properly meet workload and
four provinces is 50,709. However, prisoners housed at
the absence of a conducive work environment. This is
present in these prisons are 80,089 which is almost 158
resulting in constant increase in pendency and poor
percent of the existing capacity. The highest percentage
disposal ratio.
is that of under-trial prisoners, which accounts for 149
percent. Recommendations:
Table I: BUILT CAPACITY AND CURRENT The following recommendations are proposed for
POPULATION OF PRISONS IN PAKISTAN the improvement of criminal justice system:
1. The Criminal Procedure Code needs to be
redrafted and amended with specific reference to police
responsibilities and powers for:
a. Registration of FIR Section 154. Redesigning
business procedure for simplified registration of FIR.
b. Police powers to release accused during course of
investigation if no evidence found under Section 169.
Probation: Probation is the judicial action that
c. Repealing section 22A and B relating to justice-of-
allows the offender to remain in the community,
peace for the purposes of registration of FIR. d.
subject to conditions imposed by court order, under the
Redesigning the form for submission of challan under
supervision of a probation officer. It enables the
s.173 and the time-frame for submission of challan. e.
offender to continue working while avoiding the pains
Fixation of time-frame to conclude trial by the courts
of imprisonment. In developed countries, social
once challan is submitted by police.
services are provided to help the offender adjust in the
community – counselling, assistance from social 2. Amendments in Qanoon-e-Shahadat Ordinance
workers and group treatments as well as the use of should be made by:
community resources to obtain employment, welfare a. Including confession before a police officer as
and housing, etc. are offered to the offender while on admissible evidence. b. Giving more weightage to
probation. In some countries community-based circumstantial evidence as compared to eye-witness
correctional centers have been established for first-time account.
offenders where they live while keeping their jobs or
obtaining education [21]. 3. All offences to be made cognizable and the
distinction of cognizable and non-cognizable to be
Parole: The parole system in our country is not abolished.
much established. In other developed countries the
convicted are selected for early release on the condition 4. Registering FIR by police and amending law to
that they obey a set of restrictive behavioral rules under provide for FIR should not be the basis for the arrest of
the supervision of a parole officer. The main purpose any accused. Arrest can be made based on warrants
of early release is to help the ex-inmate bridge the gap duly issued by the court after examination of evidence
between institutional confinement and positive produced by the police.
adjustment within the community [22]. 5. The importance of police stations in maintaining
After their release offenders are supervised by computerized records of all FIRs cannot be over-
parole authorities who also help them find jobs, deal emphasized. It is necessary to devise a process for
with family and social difficulties and gain treatment citizens to check the status of their FIRs and complain
for emotional or substance abuse problems. If the to the proper authority in case of neglect. Online
offender violates the conditions of community computerization of the registration of FIRs, criminal
supervision, parole may be revoked and that person investigation and court proceedings, along with jail
may be sent back to jail for completion of his or her authorities maintaining proper coordination among all
remaining term [23]. A system of remissions is in components of the criminal justice system will improve
practice whereby a remission/reduction in sentence is transparency and reduce delays.
granted keeping in view the good behavior of the 6. A monthly progress review should be made on
convict and the nature of crime committed by him or district as well as provincial level by the Deputy
her. Commissioners/ DCOs and Chief Secretary to assess
The criminal justice system of Pakistan is not the working performance of all the components of
performing according to the wishes and expectations of criminal justice system.
the public and the values of
7. All provincial High Courts and district courts be
made accountable for their performance to the
government, as there is often a gross misuse of the term
‘independence of judiciary’ by the judiciary itself to
ridicule other government institutions, for personal
gains and satisfaction of egos. Since judiciary is being
financed by taxpayers’ money, they should also be held
accountable to the public and the state, through an
independent system as well as through internal checks.
8. Infrastructure development is necessary at police
station level as well as trial-court level.
9. The cost of investigations should be realistically
calculated and budgeted accordingly.
10. Production of witnesses from both prosecution
and defense sides should be ensured and the process of
serving should be updated electronically by developing
a mechanism to record their evidence in one sitting.
11. Ongoing empowerment and capacity building of
police, judiciary and jail staff for timely and efficient
dispensation of justice and quick disposal of cases must
be ensured.
12. Human resources must be enhanced i.e. the
number of investigation officers and judicial officers,
in order to conduct trials more efficiently and reduce
pendency of cases under trial.
13. Video-conferencing should be encouraged to Probation
save the time and cost of travel otherwise carried out to The Probation of Offenders Ordinance (1960), was
physically produce the accused before court from the promulgated by the President of Pakistan to cater to the
police station or jail. needs of first-time offenders who can be rehabilitated
14. Establishment of separate prisons for under-trial under the supervision and proper guidance of the
and convicted prisoners and a more organized system probation officer without being sent to prison. In the
of probation and parole to reduce the burden on words of Ahuja Ram(1979), probation is the
existing jails should be ensured. postponement of final judgment or sentence in a
criminal case, giving the offender an opportunity to
-------------------------------------------------------------
improve his or her conduct, often on conditions
imposed by the court and under the 1 guidance and
supervision of an officer of the court. Probation can be
considered as a formative and flexible program for the
first-time offender because it overcomes rigidity of
imprisonment.
An analysis of the definition of probation reveals
that its basic elements are:
 a postponement of sentence;
 a period of re-socialisation for the criminal
in the community;
 the criminal's observance of the conditions
imposed by the court,
 and the supervision of the criminal by the
probation officer.
Correctional and legal scientists like Panakal J.J and
Madhava N.R (1984) think that the concept of
probation be shifted entirely form that of the suspended
sentence so that the corrective and rehabilitative
functions of probation will be emphasized.
The original aim of probation, as Srivastava, S. After hearing the arguments of the prosecution
(1970) states, is “to advise, 3 assist and befriend” and the defence, if the Court feels the case fit for
criminals whom the court decides to release on probation, then it orders the Probation Officer to
probation. It has widened greatly to include submit SIR that includes the following
preparation for economic and social activity. Probation information about the offender likely to be
is based on the belief that encouragement must be given released on probation Character, Antecedents
to the criminal not only to be a law-abiding citizens but ,Commission and nature of offence, Home
also to contribute to the development of the local surroundings and other circumstances
community and society.
Functions of the Probation Officer
Instead of indiscriminate imprisonment, the The Probation of Offenders Ordinance (1960),
criminal is released for correctional treatment in the Section 10 describes the duties of Probation
community. This community treatment is, in lieu of Officer after release of offender on probation:
imprisonment, which is suspended by giving a chance
to the criminal, to restrain and re-educate the  Explain to every probationer placed
probationer. Probation, therefore, attaches great value under his charge, the terms and
the influence of the home- and social environment. conditions of the Probation order made
in respect of such probationer, and if so
. Probation is correctional treatment aimed at
deemed necessary, by warnings,
reshaping the personality of a criminal. It, therefore, is
endeavour to ensure their observance by
helping the criminal to reshape himself. A fully
the probationer;
rehabilitated person is capable of effectively evaluating
his or her actions. More importantly, one is able to  In the first two months of probation of
organize one's life, predict future events, and explain every probationer under his charge,
one's actions or conjecture about what will happen meet the probationer at least once in a
under various courses of action. fortnight, and thereafter, subject to the
“Probation is a method of correctional process for provisions of the Officer in Charge,
the guidance and treatment of the criminal and his keep in close touch with the probationer,
family, the discovery and correction of the criminal's meet him frequently, make enquiries
personality and character and criminogenic into his conduct, mode of life and
environment, with the help of the resources of the environments, and wherever
community.” practicable, visit his home from time to
time;
 If any probationer under his charge be
Probation Procedures out of employment, endeavour to find
The Probation of Offenders Ordinance (1960), suitable employment for him and assist,
Section 5 befriend, advise and strive to improve
his conduct and general conditions of
empowers Judiciary/courts to place certain living;
offenders on probation not more than 3 years who are
eligible for release on probation. After release of  Encourage every probationer placed
offenders on probation, the Reclamation and Probation under his supervision to make use of any
(R&P) department in the province is to supervise, recognized agency, statutory or
monitor and rehabilitate them in community. Probation voluntary, which might contribute
and parole officer plays the key role in the whole towards his welfare and general well-
process of probation system from release of offenders being, and to take advantage of the
to successful rehabilitation. The Courts empowered to social, recreational and educational
release offenders on probation facilities which such agencies might
provide;
 High Court
 Where a probationer under his
 Sessions Court supervision, who has executed a bond,
 Judicial Magistrate 1st class with sureties under section 5, is found to
have committed any breach of the terms
 Any other Magistrate specially empowered of his bond, or to have otherwise
in this regard misconducted himself, to bring such
 Determination of offender's suitability for breach or misconduct to the notice of his
release on probation entirely rests with the sureties;
judiciary  Maintain the books and registers and
Social Investigation Report (SIR) submit reports prescribed under these
rules;
 Subject to the provisions of these rules;  Assists Prison administration in
carry out the instructions of the Court in preparation of rolls of selected prisoners
regard to any probationer placed by the for parole release
Court under his supervision.
 Receive prisoners on parole, finds their
Parole suitable employment, solve problems.
Parole refers to the early release of good conduct  Periodically pay visits to parolees,
prisoners or offenders who have completed mandatory collect wages and submit reports to the
period of substantive sentence as required under the Assistant Director R&P about parole
good conduct Prisoner's Probational release Act, 1926 work and process any complaint
and Rules 1927 that provide for release of good
prisoners on conditions imposed by the government.  the duties of Parole officers are
This is commonly known as conditional release or assigned to Probation officers in many
Parole release. districts of Pakistan as there is shortage
of Parole staff in R&P department of
Parole Procedures each province.
Good Conduct Prisoners' Probation Release Act, Background of Probation and Parole System
(1926) empowers the Executive (Home Secretary) of
the province to release certain offenders on parole who In primitive times, each individual dealt with
are eligible to be released on parole. This is commonly wrongs, done to him, as he perceived appropriate. In
known as conditional release on parole. This act taking personal revenge, the retaliation, being
provides the release of chance offenders with good unrestrained, frequently went for beyond the original
antecedents and prison record with a view to remove wrong. Later, attempts were made to limit the
them from the society of hardened criminals in jails. retaliation to the extent of injury. This was the intent
They are to be engaged in suitable environments under of the ancient Judaic of 'eye for an eye and a tooth for
the supervision of Parole officer of the R&P a tooth'. It was an injunction against inflicting another
department in their respective province. The parolees more injury than one had received. Fitzgerald, P.J.
are employed with approved employers of R&P (1998) says that as a part of deterrent theory of crime
department on fixed wages and under specific terms prevention, prison houses were made to keep the 5
and conditions. criminal away from the society. Aulakh, Abdul
Majeed (1987) states that the Romans also used
Selection of Prisoners eligible for Parole Release dungeons and basements to confine Under-Trial
The cases of prisoners who are likely to be released prisoners 6 accused of crime. These Prison houses in
on parole may be taken up by the Assistant Director U.S.A., Brittan and European countries th th during 17
R&P department in the following ways to late 19 centuries remained Penitentiaries; the places
to penitate by 7 professing before God to attain spiritual
 On application of the prisoner rehabilitation. The purpose of th imprisonment, prior
 On application of the relative or friend to 20 century was to punish the criminals on the basis
of the prisoner of retributive, deterrent or punitive Justice System.
Whether the criminal was reformed or not during the
 On recommendation of the time in prison was not the issue; what was important
Superintendent of jail was that the offender could not commit crimes again.
 The Assistant Director and Parole Prisons are considered to be factories of crime. High
Officer visit jail for selection of prisoner prison population numbers, as Garland (2001) states,
suitability to be released on parole bring with them poorer conditions of hygiene, poorer
sanitation arrangements, less time for outdoor exercise,
insufficient bedding and clothing, insufficient nutrition
and health care, more tension, more violence 9 between
Functions of the Parole Officer prisoners, more violence against staff and more
suicides. According to UNAFEI, Tokyo report
 Supervision and rehabilitation of (2003), high and growing prison population sizes lead
offenders placed on Parole to overcrowding. Overcrowded prisons are a breach of
 Visit jails and arranges interview of United Nations and other international standards,
good conduct prisoners with the which require that all prisoners shall be treated with the
Assistant Director R&P department respect due to their inherent dignity and value as
human beings, which includes being accorded a
 Consult history tickets, remission reasonable amount of space.
sheets, warrants etc of prisoners
In the USA (1994), 79 percent of a national sample
shows the statement that society would be better
served if non-violent offenders were not jailed but were
put to work and made to repay their victims, over the  To reduce prison overcrowding(180% in
assertion that violent criminals must be kept in jail Pakistan) and prevent escalation of
because allowing them out represents too great a risk to detention costs
society.
 To allow the offender to contribute to
In another survey, 64 percent of the respondents his/her family in particular and society
indicated that most violent 10 12 offenders could be instead of being confined in prison
rehabilitated if given the right rehabilitation program.
 To avoid the break-up of family institution
One of the major transformations in the European as a result of being in jail
Criminal Justice systems from the 70s onwards has
been the growth of the rehabilitation justice  To retain their employment and contribute
movement and the increased interest in informal to the economic mainstream of the country
conflict resolution schemes, such as victim offender  To avoid the raw/chance offenders from the
mediation and community based reformation of company of hardened criminal in prison
offender (Probation and parole system). This change
has global dimensions, well known to Asian and  To enhance rehabilitation and reintegration
African countries. of offenders into community
The Purposes of Community-Based Alternatives to Legislative Provisions
Prison (Probation and Parole System) Before the partition of the Indian Sub-Continent in
United Nation institute for crime prevention 1947, the Government of the Punjab passed the Good
(UNAFEI) has clearly stated the purposes of Conduct Prisoners probation Released Act (1926). It
community-based alternatives among which are: provided protection as well as guidance to the prisoner
for his readjustment and rehabilitation in free life. This
 To reduce overcrowding in prisons and system worked well and was adopted by the
prevent escalation of detention costs; Government of West Pakistan in 1957.
 To ensure public safety and security After independence, Pakistan tried to incorporate
through effective supervision and control the concept of probation for juveniles in the Punjab
over offenders who serve their sentences in Children Act 1952, the Punjab Youthful Offenders Act
the community; 1952 and the Sind Children Act 1955. The first two
 To prevent or reduce offender were never enforced and the latter was implemented in
stigmatisation; two Divisions only after a gap on 19 years.

 To enhance rehabilitation and reintegration Pakistan has following enactments for operation of
of offenders into the community in order to probation and parole institutions as well as regulation
strengthen their ability to live peacefully of non-institutional treatment of young offenders under
with other in the community setting; Reclamation Manual:

 To permit the offender to contribute  Reformatory Schools Act 1897


towards his or her family in particular and  The Criminal Procedure Code(CrPC), 1898
to society by working instead of being
confined in prison or jail;  Punjab Borstal Act 1926;

 To avoid the risks of family break-up due to  Good Conduct Prisoners' Probation
separation during incarceration; Release Act, 1926

 To avoid an escalation in deviant behaviour  Punjab Youthful Offenders' Ordinance,


when new offenders are mixed with 1983
hardened criminals;  Sind Children Act, 1955;
 To monitor and supervise offenders in order  Probation of Offenders Ordinance, 1960
to ensure compliance with court- ordered
conditions and programme requirements.  Juvenile Justice System Ordinance, 2000,
Law, Justice and Human Rights division
Benefits Islamabad. The 1st July. 2000
There are many advantages of Community-based
Alternatives to Prison (Probation and Parole System):
 To achieve the reformative and preventive
aim of sentencing as a form of soft
punishment
 To avoid offender stigmatisation
 In your paper title, if the words “that uses” can
accurately replace the word “using”, capitalize
the “u”; if not, keep using lower-cased.
 Be aware of the different meanings of the
homophones “affect” and “effect”,
“complement” and “compliment”, “discreet” and
“discrete”, “principal” and “principle”.
 Do not confuse “imply” and “infer”.
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joined to the word it modifies, usually without a
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 There is no period after the “et” in the Latin
abbreviation “et al.”.
 The abbreviation “i.e.” means “that is”, and the
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An excellent style manual for science writers is [7].
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sentence. foreign-language citation [6].

TABLE I. TABLE TYPE STYLES [1] G. Eason, B. Noble, and I. N. Sneddon, “On certain
Tabl Table Column Head integrals of Lipschitz-Hankel type involving
products of Bessel functions,” Phil. Trans. Roy.
e Soc. London, vol. A247, pp. 529–551, April 1955.
Table column Subhe Subhe (references)
Hea J. Clerk Maxwell, A Treatise on Electricity and
subhead ad ad [2]
d Magnetism, 3rd ed., vol. 2. Oxford: Clarendon,
copy More table copya 1892, pp.68–73.
[3] I. S. Jacobs and C. P. Bean, “Fine particles, thin
Sample of a Table footnote. (Table footnote)
a. films and exchange anisotropy,” in Magnetism,
vol. III, G. T. Rado and H. Suhl, Eds. New York:
Fig. 1. Example of a figure caption. (figure caption) Academic, 1963, pp. 271–350.
[4] K. Elissa, “Title of paper if known,” unpublished.
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confusing the reader. As an example, write the quantity media and plastic substrate interface,” IEEE
Transl. J. Magn. Japan, vol. 2, pp. 740–741,
“Magnetization”, or “Magnetization, M”, not just “M”. August 1987 [Digests 9th Annual Conf. Magnetics
If including units in the label, present them within Japan, p. 301, 1982].
parentheses. Do not label axes only with units. In the [7] M. Young, The Technical Writer’s Handbook.
Mill Valley, CA: University Science, 1989.
example, write “Magnetization (A/m)” or
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