Essay about Pakistan
Pakistan (the Islamic Republic of Pakistan) is the sovereign country, located in South Asia. Its population exceeds 180 million people and that is why it is considered to be the sixth country in the world in the terms of population. It is strategically important region of South Asia because of its location. There is a 1,046-kilometre coastline along the Gulf of Oman and the Arabian Sea in Pakistan. It boarders with Afghanistan, Iran, India and China.
Pakistan has been established in 1947 as a result of the Pakistan Movement, which has been led by Muhammad Ali Jinnah. The constitution of Pakistan has been adopted in 1956 and after that Pakistan has become the Islamic republic. In 1971, the outcome of the civil war has been the East Pakistan secession and as a result- the new country of Bangladesh establishing.
Pakistan consists of four federal territories and four provinces and it is the federal parliamentary republic. There is a wide diversification of population in the ethnical and language aspects. Its geography and wildlife also varies.
At the moment, Pakistan is considered as the worlds’ seventh largest standing armed forces and in addition, it has declared itself as the nuclear weapons state. Currently, it is the only nation in the Muslim world, which has the status of the nuclear country. Te economical system of the country is semi-industrialized and it is the 27th largest in the world in the light of its purchasing power. In the light of the nominal GDP, it is 47th largest in the world.
While referring to the post independence history of the country, it is possible to say that it is manly characterized by the politically and military instability, and by the set of conflicts with India. Here are the following problems in the country: corruption, poverty, illiteracy and terrorism. Pakistan is the member state of G20 developing nations, Commonwealth of Nations, United Nations, and in addition, it is the founding member of the Organization of the Islamic Conference (currently -Organisation of Islamic Cooperation ).
The legal system of Islamic Republic of Pakistan is mainly based on the British India legal system, which, in turn, is based on the common law systems of England and Wales. While taking in account the fact that Pakistan is the Islamic republic, its legal system is also influenced by the Islamic Sharia law.
Before the Dominion of Pakistan in 1947 has been established, the British Raj laws have remained in force. The Pakistan legal history implies the intension of beginning the statute book afresh. In the timeframes of General Muhammad Zia-ul-Haq reigning, the incorporation of the Islamic Sharia law elements with the Pakistani law has taken its place, this issue, in turn, led to the Federal Sharia Court (FSC) institution. At the moment, in the Federally and Provincially Administered Tribal Areas [(FATA) and (PATA)], at the local level, the law system, which employs traditional methods, persists. In other words the disputes at the local level are resolved by a jirga (which is the tribal elders’ council).
The political ideology of the country has been significantly influenced by the likes of individuals (Muhammad Ali Jinnah in particular). Muhammad Ali Jinnah was studying law in Lincoln's Inn in London and consequently, he has become the British liberalism admirer. That is why the common law of Pakistan is mainly based on the common law of England and Wales. The role of titular figure head of Pakistani politics belongs to Muhammad Ali Jinnah. That is why at the moment, Pakistan is the common law system, which has got the adversarial court procedure. Also, such practices of the common law as judicial precedent and the concept of stare decisis are inherent to the Pakistan legal system.
At the same time it is important to pay additional attention to the fact that there is a significant difference between the classic common law and the Pakistan common law. The civil and the common law are almost fully codified in Pakistan and the legacy is borrowed from the British Raj – at that time, the laws have been extended to India by the statute ways.
The development of the jury trials in Pakistan has taken its place in the timeframes of its independence due to the fact that public and judicial dissatisfaction with their operation. Finally, in the constitutional rights in Pakistan, the great impact has been made by the legal system of US. Consequently, the US-style Federal Structure has been adopted in Pakistan.
In Pakistan, the Law enforcement is executed by the set of provincial and federal police agencies. There are four provinces and the Islamabad Capital Territory, which have their own civilian police force. Jurisdiction of each particular area extends to the relevant province or territory only. There is a set of the civilian agencies with nationwide jurisdictions at the federal level, which include the National Highways and Motorway Police and Federal Investigation Agency in particular. Also, there is a set of the paramilitary forces (among them the Frontier Corps and Pakistan Rangers).
The Police Service of Pakistan is formed by the civilian police forces senior officers.
While discussing the court system of Pakistan, it is important to outline the following information. It consists of the set of courts, of legal superiority different levels. These courts are separated by the Jurisdiction. There are two types of courts in the country- federal and provincial. The structure of the Pakistan courts may be represented in the following manner: Supreme Court of Pakistan; Federal Shariat Court of Pakistan; High Courts of Pakistan; District Courts of Pakistan; Judicial Magistrate Courts; Judicial Magistrate Courts; Executive Magistrate Courts and Courts of Civil Judge.
After the criminal trial in Pakistan, the offender enters the prison- the part of the correctional system of the country. The correctional system consists of the following parts and issues: jails, probation, parole programs (both for the adult offenders and for juvenile).
The dramatic population explosion in Pakistan and the low quantity of prisons are two ore problems of the correctional system of the country. In addition, the extremely poor performance record is an urgent question for the existing system of correction. That is why the lion share of the offenders returns to their previous lifestyle - doing criminals after being imprisoned and released. The core reason for that is the shortage of the effective treatment and of the innovative training programs. Also, the physical environment and the health conditions of the imprisoned are poor and the fact of the human right violation in prisons existence make their negative impact on the entire system of correctional system. The next three issues to be discussed in the scopes of this section are probation, confinement and parole.
The judicial action, allowing the offender to stay in the community, while being the subject to the condition, which is implies by the court order and under the probation officers’ supervision is called probation. In such case, the offender is provided with the possibility of continue working and to avoid the imprisonment pains.
While discussing the confinement as a form of the punishment, the right of holding the criminals in jails is reserved by the state. After that, the prisoners are classified by the jail authorities. The three security classes (minimum, medium or maximum) are assigned to the inmates. The maximum security class implies the barred cells, high walls, and careful security measures. The most dangerous prisoners are classified to the maximum security class. In the case of the medium class, the more guarded cells are physically reasonable, and the control over the inmates is not such strictly as in the case of maximum security class. The Minimum security class implies the separate rooms for inmates and in addition, the well-developed correctional programs are provided to the inmates alongside with the much freedom.
Finally, while discussing the parole, it is important to pay additional attention to the fact that in Pakistan, this system is not well-established. The core purpose of the early release parole is helping the ex-inmate in managing the gap between the positive adjustment and institutional confinement within their social group. After being released, the offenders are supervised by their parole authorities, who, in turn, assist them in employment, help top manage family and other social barriers and problems. In the case if the condition of community supervision is violated by the offender, the possibility of the parole revoking occurs.
The last issue to be discussed in the scopes of this section is the capital punishment in Pakistan. It is applied for drug trafficking and for the Juvenile offenders. In Pakistan the minimum age has been raised to 18.