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The Legal Aspects |
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The Constitution of Pakistan |
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Article 14 makes the dignity of man inviolable, while Article 25 states that all citizens are equal before law and are entitled to equal protection of law. |
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Article 11(2) prohibits all forms of forced labor and traffic in human beings. Article 11(1) further states that slavery is non-existent and forbidden and no law should permit or facilitate its introduction in Pakistan in any form. |
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Article 9 states that no person could be deprived of liberty save in accordance with law. |
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Article 15, dealing with freedom of movement, gives every citizen the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle anywhere. |
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Article 18 also gives every citizen the right to enter any lawful profession or occupation, and to conduct any lawful trade or business. |
All the above Constitutional provisions, i.e. Articles 9, 15, and 18, imply that no one could be held against that person’s consent unless the detaining authority has the sanction of law behind him. Every citizen has been given the right to freely move throughout Pakistan, and to reside and settle in any part.
Regardless of the fact as to whether a laborer has borrowed from a landlord or a brick kiln owner, these provisions clearly indicate that the laborer cannot be denied his right of liberty to move freely. He or she and their respective family members could not be denied their right of freedom of movement. A civil action for recovery of the borrowed amount, and in some cases, even a criminal case, may be maintainable against the borrowers. However, the employers in no event are permitted under any law of Pakistan to detain the laborers. No person accordingly can take away the liberty of another person without a law authorizing him or her to do so. The person whose life or liberty is threatened is therefore legally entitled to require the person seeking to deprive him or her of the right to move freely to show the legal authority under which the perpetrator is purporting to act. No public functionary, what to talk of a private person, may confine a person unless he has a legal warrant to do so. Consequently, the detention of a person who has been deprived by another of his or her liberty in flagrant violation of the law, could be set aside by a court of law, and the person concerned could even file a suit for damages.
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The Pakistan Penal Code (No XLV) as long ago as October 1860 made slavery a criminal offense: |
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Section 370 makes the import, export, removal, buying, selling or disposing of any person as a slave, or accepting, receiving or detaining any person against his will as a slave, punishable with imprisonment extending up to seven years, or fine, or both. |
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Section 371 supplements section 370 provisions by making the habitual import, export, removal, buying, selling, trafficking or dealing in slaves punishable with imprisonment for life or with imprisonment for a term not exceeding ten years, and fine. |
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Section 374 in this regard goes on to say that unlawfully compelling any person to labor against the will of that person is punishable with imprisonment up for a term extending up to five years, or with fine, or with both. |
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