Contents

1. RIGHT TO LIFE: ............................................................................................................... 1

SHELA ZIA AND OTHERS VS. WAPDA .......................................................................... 2
The Supreme Court on Particular points held that: - ............................................................. 3
Saleem AkhtarJ. ..................................................................................................................... 3
2. Human Rights and Fundamental Rights. ............................................................................ 4
Definition of Law:.................................................................................................................. 4
KINDS OF LAW: .................................................................................................................. 4
3. CONCEPT OF HUMAN RIGHTS IN ISLAM. ................................................................. 5
The Right to Life and its enjoyment. ..................................................................................... 6
The Right to Life.................................................................................................................... 6
The Right to Enjoy Life ......................................................................................................... 7

1. RIGHT TO LIFE:

“Human Rights refers to those rights of a Man which are inalienable, and which are assigned
to him by virtue of being a human personality. These rights are universal and are based on
inherent dignity of human beings. These rights are considered to be above all the national or
legal consideration of world and are same for all human beings irrespective of their CLASS
CREED or COLOUR.”
Fundamental Rights enshrined in 1973 constitution in fact, reflect what has been provided in
Universal Declaration of Human Rights.
Article 3, Universal Declaration of Human Rights: -
Everyone has right to life, liberty and security of person.
Article 9, Constitution of Pakistan 1973.
No person shall be deprived of life, or liberty, save in accordance with law.
Ingredients: No Person shall.
i. be deprived of life, or
ii. ii. be deprived of liberty.
Save in accordance with law.
‘Deprive’ means to take away, dispossess, injure or destroy. Deprivation is not only that of
life, but of whatsoever. God has gifted to everyone with life for its growth and enjoyment,
has been prohibited by this Article.

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Right to life is not restricted to physical life but is something much more than physical
survival. It includes, to live with dignity, to have the necessities of life and facilities for
reading, writing and expressing oneself.
Article 9 provides that no person shall be deprived of life or liberty save in accordance with
law. The word ‘life’ being very significant as it covers all the facts of human existence. It
odes not mean nor can’t be restricted only to the vegetative or animal life or mere existence
from conception to death. Life includes all such amenities and facilities which a person born
in a country is entitled to enjoy with dignity legally and constitutionally.

SHELA ZIA AND OTHERS VS. WAPDA

P.L.D. 1994 S.C. 963
Environmental pollution caused by electromagnetic radiation of high voltage transmission
lines of electricity poses a serious health hazard to the quality of life or a large number of
people and is therefore, violative of the right to life and human dignity guaranteed by Articles
9 and 14 of the Constitution, 1973.
The petitioners protested to WAPDA against the construction of a grid station in the green-
belt area of a residential sector of Islamabad on the ground that the electromagnetic field of
high voltage transmission lines of the grid station posed a serious health hazard to the
residents of the area, particularly the children and the infirms besides damaging the greenbelt
and affecting the environment. On the failure of WAPDA to take any positive action, a letter
was sent by the petitioners to the Supreme Court. The letter raised two legal questions, first,
whether any Government agency has a right to endanger the life of citizens by its actions
without their consent and second whether zoning laws vest rights in citizens which cannot be
withdrawn or altered without the citizens consent. The Supreme Court examined a number of
scientists and experts. The trend of their evidence was that there was likelihood of adverse
effects of electromagnetic fields on human health though the evidence was inconclusive. The
Supreme Court with the consent of both the parties appointed a commission to examine the
complaint and suggest any alteration which may be economically made in the construction
and location of the grid station. The Court further directed that the Government should
establish an Authority manned by internationally known and recognized scientists having no
bias and prejudice whose opinion should be obtained before any new grid station was allowed
to be meantime prior to any grid station or transmission line, issue a public notice in
newspapers, radio and television inviting objections and finalize the plan after considering
the objections. This procedure would continue till such time the Government constituted the
Authority. The Supreme Court found jurisdiction under Article 184(3) of the Constitution
holding that electromagnetic radiation adversely affected the health of citizen in general
impinging upon their right to life, and human dignity guaranteed by Articles 9 and 14 of the
constitution, 1973.

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The Supreme Court on Particular points held that: -
i) The issue raised involves the welfare and safety of the citizens because the network of
high-tension wires is spread throughout the country. A method should be devised to strike
balance between economic progress and the possible health hazards.
ii) The Government should establish an authority manned by internationally know and
recognized scientists having no bias and prejudice whose opinion should be obtained before
any new grid station is allowed to be constructed. Such commission should also examine the
existing grid stations and the distribution lines from the point of views of health hazards and
environmental pollution.
iii) The word “Life” uses in Article 9 of the Constitution, 1973 covers all facets of human
existence. “Life” cannot be restricted to vegetative or animal life or mere existence life
includes all amenities and facilities which a person, born in a free country, is entitled to enjoy
with dignity.
iiii) The fundamental right to preserve and protect the dignity of man under Article 14 is
unparalleled and could be found only in few constitutions of the world.
v) Where quality of life is adversely affected and health hazards are created affecting a large
number of people, the Supreme Court has power to stop the functioning of units that create
pollution and environmental degradation.

Saleem AkhtarJ.
Article 9 of the Constitution provides that no person shall be deprived of life or liberty save
in accordance with law. The word ‘life’ is very significant as it covers all facets of human
existence. The word ‘life’ has not been defined in the Constitution, but it does not mean nor
can it be restricted only to the vegetative or animal life or mere existence from conception to
death. Life includes all such amenities and facilities which a person born in a free country is
entitled to enjoy with dignity, legally and constitutionally. For the purposes of present
controversy suffice to say that a person is entitled to protection of law from being exposed to
hazards of electromagnetic fields or any other such hazards which may be due to installation
and construction of any grid station, any factory, power station or such like
installations. Under the common law a person whose right of easement, property or health is
adversely affected by any act of omission or commission of a third person in the
neighbourhood or at a far off place, he is entitled to seek an injunction and also claim
damages, but the constitutional rights are higher than the legal rights conferred by law be it
municipal law or the common law. Such a danger as depicted, the possibility of which
cannot be excluded, is bound to affect a large number of people who may suffer from it
unknowingly because of lack of awareness, information and education and also because such
sufferance is silent and fatal and most of the people who would be residing near, under or at a
dangerous distance of the grid station or such installation do not know that they are facing
any risk or are likely to suffer by such risk. Therefore, Article 184 can be invoked because a
large number of citizens throughout the country cannot make such representation and may
not like to make it due to ignorance, poverty and disability. Only some conscientious citizens

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aware of their rights and the possibility of danger come forward and this has happened so in
the present case.

2. Human Rights and Fundamental Rights.

Topic: Define Law. Explain FOUR Kinds of Law.

The definition of word Law is the Most discussed question in jurisprudence. The term ‘Law’
may be defined from the point of view of the theologian, the historian, the sociologist, the
philosopher, the political scientist, or the lawyer. Law may be defined firstly by its basis in
nature, reason, religion or ethics, secondly, by its source, in Custom, precedent, or legislation,
thirdly, by its effects on the life of the society, fourthly, by the method of its formal
expression or authoritative application; fifthly, by the ends that if seems to achieve.

Definition of Law:
Salmond defined Law as “the body of Principles recognized and applied by the State in the
administration of Justice.”
Explanation:
- Body of Principles: Set of Rules.
-Recognized: Passed by competent authority, Parliament, President or Governor.
- Applied: enforce.
- State: States is a legal person State runs according to Constitution and Government is only
an instrument.
Austin defines Law as “Law is the aggregate of rules set by men as Politically Superior, or
sovereign, to men as politically subject.” Law is the Command of the Sovereign. It imposes a
duty and is backed by sanction. Command, duty and sanction are the three elements of Law.

KINDS OF LAW:
1. Imperative Law:
According to Salmond: “Imperative law means a rule which prescribes a general course of
action imposed by some authority which enforces it by superior power either by physical
force or any other form of compulsion.” The chief advocate of imperative law is Austin who
defines law as a command which obliges a person or persons to a course of conduct.
It is in the very nature of law to be imperative, otherwise it is not law but a rule which may or
may not be obeyed. Imperative laws have been classified with reference to the authority from
which they proceed.
The characteristic of imperative law is that it should be enforced by some authority. The
observance of law must not depend upon the pleasure of the people. Law has to be enforced
by the machinery of the State. The source of law is not consent, custom or reason but the
strength of the State.

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2. Customary Law
Customary law means such rules of custom as are habitually being followed by the majority
of persons, subject to them since a long time in the past and are expected to be followed in
the future as well in the belief of their binding nature. “Such laws derive their force from the
long course of past conduct resulting in the same uniformity of action in given set
circumstances.” To be brief customary law is based on reasonable well-recognised customs
which have stood the test of time.
Custom should not, however, be understood to be the same as customary law. Custom itself
is not the law. It is merely a source of law. Only such customs acquire the force of law as
are recognized and enforced by the Courts.
3. Conventional Law
According to Salmond, conventional law means “any rules or system of rules agreed upon by
persons for the regulation of their conduct towards each other.” It is law for the parties
whose subscribe to it. Examples of conventional law are the laws of cricket or any other
game, rules and regulation of a club or any other voluntary society.
4. International Law
According to Salmond, International law as “those rules which govern sovereign States in
their relations and conduct towards each other.” Oppenheim, Wheaton and Hall hold the
view that international law is law proper. The law is given by the body of nations; the rules
are based either on customs or on agreements of the States; and consent of the international
community is the sanction behind their enforcement. Their view is that if there is no
international machinery for the enforcement of such laws, this is a matter of mere detail, and
does not bereave the international rules of their legal character.
Please feel free to ask any question.
Stay home, stay safe. Prays.
Hassan Javed Malik.
B. A, LL. B, D.E.L, L.LM. 0300.9432038 H55s50@hotmail.com

3. CONCEPT OF HUMAN RIGHTS IN ISLAM.

About honouring the sons of Adam, it was said that man was honoured by reason, speech,
discernment, writing, foodly form, upright statures management of the affairs of this life and
the hereafter, and, also by controlling whatever is in the Earth and subjecting if to his food. It
was also said that all creatures pick up their food by mouth except man.
Honouring human beings with reason and discernment came coupled with and explained by
Qur’anic verse:

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“We have honoured the sons of Adam, provided them with transport on land and sea, given
them for sustenance things food and pure, and conferred on them special favours, above a
great part of our creation.” (17, al-Isra, 70).
Honouring of man (takrim-al-insan) covers his preference to other created things. There are
other cretu4res like the angels, the jinn, the plants and the animals. An argument about which
was highest in status before God: human beings or angels? God’s preference of Man over the
Angels, especially the verse that relates how the angels feel prostrate before Adam and about
their ignorance of the names taught to Adam by God.

The verse means that God created Adam and a ‘maltitude’ of other creatures besides him and
preferred him over all that multitude of other creatures. Man alone, among all other creatures
mentioned in the Qur’an has a civilization dimension. Man is the maker of civilization. This
dimension in the human being is vital in this context, as it is the dimension which establishes
the concept of human rights. Behold! We said to the Angels, “fall prostrate before Adam.”
(91-Isra).

The Right to Life and its enjoyment.

In talking about human rights, we have to note that the word ‘haqq’ in modern Arabic
discourse is a translation of French word ‘droit’ and the English word ‘right’. And the
definite term al-haqq is used to mean God. Among the most important considerations is that
inter-connection in meaning between ‘alhaqq’ (right) and ‘al-wajib (duty), Arabic haq
meaning right, is interconnected in its meaning with wajib / duty. We find the concepts of
right and duty overlapping in Arabic language. What is right for a person is a duty due to
him. The ‘rights of God’ for instance, are the duties due to Him in the way of worship and
obedience, etc. Similarly, the ‘rights of man’ are the duties due to him in the forms of
‘honouring’. It can be said that the rights of man in Islam are all material and moral duties
due to him, in accordance with God’s honouring and favouring him overall his creation.
There are two types of rights. These are general rights, which are for all human beings, and
special rights, which are for certain categories of people, like the rights of the weak and
oppressed, the rights of women, the rights of non-Muslims in Muslim Society etc.
The Rights of Man in General

The Right to Life

From the Islamic perspective, life is a gift from God to man, so it is his right: ‘It is He who
gave you life, will cause you to die, and will again give you life’ (22, al-Hajj, 66). God
honoured man by breathing into him some of His spirit and gave him the faculty of hearing,
sight and feelings:
He Who has made everything which He has created most comely. He began the creation of
man with [nothing more than] clay and made his progeny from a quintessence of despised
fluid; then he fashioned him in due proportion, and breathed into him of His spirit (ruh). And

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He gave you [the faculties of] hearing and sight and feeling [understanding] (32, al-Dajda, 7-
9).
Therefore, man’s life is his own right, which he has to protect physically and
psychologically. No one gas the right to harm man in body or soul. It is for that reason that
God prohibited suicide, irrespective of circumstances: ‘Do not kill yourselves, for Allah has
been most merciful to you. If any do that in rancour and injustice, soon We shall cast them
into fire’(4,al-Nisa, 29-30. God also prohibited the killing of any human soul except for a
just cause: ‘Do not take a life, which Allah made sacred, except by right (illa bi-l-haqq). And
if anyone is slain wrongfully, we have given his heir authority to demand retribution, but let
him not exceed in the matter of taking life’ (17, al-Isra, 33). The killing of prisoners of war
and the mutilation of dead bodies was also prohibited. In pre-Islamic Arabia some people
killed their children if they could not provide for them: ‘Do not kill your children for fear of
hunger. We shall provide for them: ‘Do not kill your children for fear of hunger. We shall
provide sustenance for them as well as for you. Truly, killing them is a great sin’ (17, al-Isra
31). God also prohibited female infanticide, which some pre-Islamic Arabs did for fear of
shame: ‘When the female (infant), buried alive, is questioned, for what crime was she killed?
(81, Al-Tawkir, 8-9). In addition, He prohibited putting an end to the life of the foetus
(abortion). Islamic shari’ah considers abortion as premeditated murder, deserving the death
penalty. God also prohibited execution of the death sentence on a pregnant woman until she
delivers her baby, because the foetus’s right to life should be considered first. As a general
rule:
If anyone slays a person, unless it be for murder or for spreading corruption in the land, it is
as though he has slain all who people. And if anyone saves a life, it is as though he has saved
the lives of all people (5, al-Maidah, 32).
The punishment which specifies the execution of the criminal was greatly alleviated by Islam
to a degree of suspending the punishment when there is doubt around the case. The Hadith
says, ‘Avoid the hudud penalties in doubtful cases.’

The Right to Enjoy Life

God granted life to the human being to live and to enjoy. He subjugated to the human being
whatever is in it for his enjoyment and the fulfillment of his needs, except what may harm
him, or cause harm to other creatures, animate or inanimate. The Qur’an terms what people
are allowed to enjoy as ‘the good things’, an expression which recurs often in various
verses. This covers all the permitted things, which are not prohibited by God. They are the
opposite of ‘the impure’, which are prohibited. Here are some of the many verses which deal
with this subject: ‘They ask you what [food] is lawful to them. Say, lawful to you are [all]
things good and pure’ (5, al-Maidah, 4); ‘O you who believe! Do not make unlawful the good
things which Allah has made lawful for you’ (5, al-Maidah, 87); ‘Say, who has forbidden the
beauty of Allah which, He has produced for His worshipers, and the things clean and pure
[which he has provided] for sustenance? (7, Al A’raf, 32); ‘O you who believe! Give of the
good things which you have [honourably] earned, and of the fruits of the earth which We
have produced for you’ (2, al-Baqarah, 267); ‘And [He] made for you out of [your mates and

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companions] sons and daughters and grandchildren, and provided for you sustenance of the
best’ (16, al-Nahl, 72).
Enjoying spouses, children and grandchildren, which is family life, is, like enjoying the
‘things good and pure’, a right of man, exactly like enjoying his good form and all that adds
to its glamour: ‘And He has given you shape and made your shapes beautiful, and has
provided for you sustenance of things pure and good’ (40, Ghafir, 64). Also, ‘We gave them
for sustenance things good and pure’ (45, al-Jathiyah, 16).
Please feel free to ask any question. Stay home, stay safe.

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