ABSTRACT
The previous chapter has given, in a chronological order backed up with a theoretical perspective, an overview of Pakistan’s economy in terms of its failed experiment with constitutional rule and democracy in conjunction with inability to develop inclusive institutions.Pakistan has been ranked as the 8th most lawless country in the 2016 World Justice Project’s Rule of Law Index which is based on the survey responses of citizens in 113 countries all around the world and their ratings of their country on various indicators.
The index’s measurement yardstick includes, mainly, governance related aspects such as the prevalence of corruption, access to civil and criminal justice and availability and enforcement of fundamental human rights. A statistical value placed on rampant corruption, cumbersome and slow court procedures, partial and discriminatory enforcement of law, lack of legislation on important matters like protection of women, children and the indigent and improper use of force by law enforcement. For the less privileged, a category which includes the poor, the physically or mentally handicapped, religious and ethnic minorities, women and children this lawlessness creates havoc and impedes social, political, cultural and economic growth. It is only recently that enough awareness has been built up for bills against sexual harassment and child marriages to be passed. There are many who languish in jails waiting for their day in court and an untold number who have decided to not to strive for justice because the procedure is often more arduous than the crime itself. This chapter, through the lenses of a conceptual framework, lays down the conditions necessary for a sustainable democratic polity and the following chapters analyze the rule of law and the links between rule of law and democracy, examine the role of superior judiciary, criminal administration system, political parties, civil and military bureaucracy, local government and civil society in determining the course of relationship between the state of Pakistan and its citizens, particularly during the period between 1999–2019.
