Asma Jahangir – a formidable fighter

Raza Rumi

Fearless and a formidable fighter, Asma Jahangir personifies the struggles Pakistanis have initiated against shameful cultural practices, discriminatory legislation and executive excess. A frail woman has kept the torch of public liberties, freedom and democracy alive for decades. Born on January 27, 1952, in Karachi, Asma Jahangir during the last forty years has become a champion of women, child and minority rights and in many ways the conscience of Pakistan.

A leading Pakistani lawyer and an advocate of the Supreme Court of Pakistan, Jahangir is most renowned for her role as a human rights activist, a role which has made her confront military dictatorships of General Zia-ul-Haq and General Pervez Musharraf and the civilian autocrats. In 1972, Asma Jahangir was only 18 when she filed her first petition to have her father — who had been arrested for denouncing the genocide in Bangladesh — released from prison. In a landmark judgment ten years later, she won the case. In fact, the earliest and perhaps the only judgment against a military coup is now attributed to her name. Her resistance to army’s role in politicshas been legendary. In 1999, when Pakistan’s so-called civil society welcomed the secular Musharraf with two dogs in his lap, hers was the only clear, unequivocal voice against military intervention. A decade later when Pakistan rallied behind the judges and lawyers to oust Musharraf, Jahangir was once again at the forefront.

In 1980, Asma Jahangir and her sister Hina Jilani partnered with a few rights activists and lawyers and formed the first law firm established by women in Pakistan, named the AGHS Legal Aid Cell. To date, AGHS has provided legal services to several women and members of minority groups and continues to be the benchmark against which legal profession and public law in Pakistan will be judged in the annals of Pakistani history.

During Zia-ul-Haq’s dictatorship, Asma was also at the vanguard of activists who created the Women’s Action Forum (WAF). In 1982-1983, Asma Jahangir used these platforms to organise protests against the enforcement of fundamentalist laws, specifically the Law of Evidence (which made a woman’s testimony inferior to that of men), together with demonstrating against the conviction of a 13-year-old blind rape victim for zina (adultery). WAF was the first spark of resistance against the military rule and inspired Pakistani men and women of all faiths, ethnicities and backgrounds to rally against a repressive dictatorship.

Her struggles continued through the 1980s and later when the civilian governments were ruling Pakistan. She was as outspoken as before and refused to adopt a partisan line.

Asma Jahangir is a graduate of Kinnaird College, Lahore, and later completed her law degree from the Punjab University. She also holds Honorary Doctorates in Law from the University of Saint Gallen, Switzerland, Queen’s University, Canada and Amherst College, USA. She has also served as Professor of Law at the Quaid-e-Azam Law College. Noting her stellar contributions to human rights and the advocacy of the marginalised segments of Pakistani society, she received global acclaim and became a symbol of progressive and liberal-democratic elements within Pakistan.

Her credibility at home was, however, challenged by bigots and members of the establishment who called her all sorts of names and did not shy away from declaring her as a Western agent, sometimes an Indian stooge. The reason was clear: she stood for peace, equal rights and a discrimination-free society that was and continues to be haunted by the demons of sectarianism and chauvinism. The United Nations honoured her and Asma Jahangir has been serving as a Special Rapporteur of Freedom of Religion or Belief of the United Nations Commission on Human Rights. From 1998-2004, she also worked as a Special Rapporteur of the United Nations Commission on Extrajudicial, Arbitrary or Summary Executions, a job which took her to Afghanistan, Central America and Colombia.

At home, another key contribution has been the establishment and nurturing of the formidable Human Rights Commission of Pakistan (HRCP). Today, it is the biggest network of rights’ activists with a presence in all corners of the country and is doing commendable work of alerting the citizens about how the state continues to abuse rights. Asma Jahangir has remained the Co-Chairperson of the Human Rights Commission of Pakistan for several years until earlier this year when she resigned to contest for the elections for the President of the Supreme Court Bar Association (SCBA) which she subsequently won. In addition, Jahangir has been one of the founders and co-Chair of South Asia for Human Rights since 2000.

Asma Jahangir is recipient of several national awards, including Sitara-i-Imtiaz (Star of Distinction) in 1995. In recognition of her services in the field of human rights, she was awarded the American Bar Association International Human Rights Award in 1992 and the Martin Ennals Award for Human Rights Defenders and the Ramon Magsaysay Award in 1995. She was also honoured with the Bernard Simons Memorial Award of the International Bar Association in 2000. She has authored two books: Divine Sanction? The Hudood Ordinance (1988) and Children of a Lesser God: Child Prisoners of Pakistan (1992).

Her consistent stance on principles of human rights and democracy has unnerved every ruler in the country. During Musharraf’s time, she was a fierce critic of his regime and he even named her several times in disparaging manner. In 2005, she was abused and manhandled during a mixed gender marathon, which had been organised to raise awareness about violence against women. Little wonder that after the imposition of state emergency by Pervez Musharraf, she was placed under house arrest for 90 days.

Unlike several others in Pakistan’s undefined civil society, Jahangir has also shunned public offices. Benazir Bhutto in her two stints as prime minister wanted Asma Jahangir to become a judge of the superior courts; other offices were also offered but Jahangir refused. Her first foray into a semi-formal office as President SCBA has come about through an election and that too a bitterly contested one. Sections of lawyers’ community, fundamentalist parties and elements within the media crossed the red line on several occasions. She was called an agent once again, a Qadiani and an enemy of Islam (to borrow a line from a notorious Urdu columnist) but the lawyers knew better. They elected her from almost every city with a majority.

There is another significant message here. The hyper-activism of the judges in the last two years and the transgressions by lawyers have also created controversies. Jahangir’s bid for the election was to provide a sane discourse to the voices for rule of law and constitutionalism divorcing Pakistan’s extraordinary public movements from personalities. Similarly, the bars have also claimed to be the foot soldiers of judges in the past and this was neither in the interest of the judges nor the lawyers. Asma Jahangir’s election campaign revolved around making the apex bar a professional, non-partisan body working for the advancement of rule of law and not the agenda of anti-government partisan lawyers.

The pendulum, which had swung the other way, has now reached the middle. No longer, a few corporate lawyers can claim that their politics and uncomfortable alliance with the bench has the absolute and popular backing of the entire legal fraternity. This is extremely healthy for the profession, the rule of law and the democratic evolution of Pakistan.

There is no question that Jahangir faces a series of challenges from within the lawyers’ community and outside. But she is a fighter and after decades of struggles wiser about the way realpolitik is played out. Her opponents are many but they all agree on one point: Jahangir is consistent about her principles. Pakistan has to find a balance between the courts, the parliament and the executive. Asma Jahangir’s historical victory comes at a critical juncture where she will be at the centre of these systemic adjustments and collisions. It gives the overwhelming number of Pakistanis some comfort that she will be there in the middle of these struggles. And, that is no mean achievement for all of us. Jahangir is not known for betraying her ideals. What more could one ask for?

17 Comments

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17 responses to “Asma Jahangir – a formidable fighter

  1. PMA

    Very nice article Raza Bhai. The law profession has to work hard to gain respect of Pakistani public. Like Aitzaz Ahsan before her, Asma Jahangir is the right person for the job. She must encourage her fellow lawyers not to come out on the streets in protest and stop behaving like common goons. The public scenes like lawyers throwing black color on the face of fellow lawyers, or pelting each other with shoes, or beating up judges in the courts or police in street fights like hoodlums is a shame and disgrace for the profession. Only lawyers themselves can bring the dignity of professionalism to their trade. A lawyer must not be a vigilante breaker of law. We wish much needed good luck to Ms. Jahangir.

  2. rao

    Asma stands for humanity and equal rights

    We need more and more people on both sides.

    The current confrontation is futile and all efforts must be supported.Pakistan has a place along with India in the world stage and I can endorse if together they may even a step ahead of all

  3. Humanity

    @PMA “Only lawyers themselves can bring the dignity of professionalism to their trade. A lawyer must not be a vigilante breaker of law.”

    Well said!

    The pictures of lawyers and police attacking each other with dandas are shameful. The lawyers must bring poise and integrity to the profession through their actions!

    Good luck to Ms. Jahangir!

  4. Fellow-Pakistani

    FULL CREDITS GO TO ASMA JAHANGIR TO GET DECISION OF SOUTH AFRICA SUPREME COURT, IN COURT CASE OF LAHORE AHMADIYYA MOVEMENT VERSUS MULSLIM-ULEMA OF SOUTH AFRICA, PUBLISHED IN MARCH 1986 EDITION OF PAKISTANI LAW JOURNAL ‘SUPREME COURT CASES’. This was Gen Zia era, but she persevered, and editors of Pakistan Supreme Court Cases, March 1986 published the decision. Although, later Gen Zia ordered to get copies of edition back and republish it with out South African Supreme Court case. But the ORIGINAL COPIES ARE STILL AROUND, including in my father’s law libraray, that was donated to Pakistan Supreme Court after he passed away per his will. (BTW, it was the first time any lawyer in Pakistan history donated his law libraray to any court. And his libraray contained law books from early 19th century, and from AIR and Privy Council etc).
    BTW: Per South African Supreme Court: Lahore Ahmadiyya Movement (Lahori-Ahmadis) are Muslim.
    HATS OFF TO ASMA JAHANGIR.

  5. Fellow-Pakistani

    LINKS TO THE PDF FILE PAGES OF SOUTH AFRICAN COURT CASE THAT GOT PUBLISHED INTO PAKISTANI LAW JOURNAL ‘PAKISTAN SUPREME COURT CASES MARCH 1986’ ISSUE.

    http://www.ahmadiyya.org/sa-case/pakjournal-0.pdf

    http://www.ahmadiyya.org/sa-case/pakjournal-1.pdf

    http://www.ahmadiyya.org/sa-case/pakjournal-2.pdf

    http://www.ahmadiyya.org/sa-case/pakjournal-3.pdf

  6. Humanity

    “BTW: Per South African Supreme Court: Lahore Ahmadiyya Movement (Lahori-Ahmadis) are Muslim.”

    Congratulation for the SA SC certification to the Lahori Ahmadis. Don’t try to use it as a free get-into-the-heaven permit, on ‘pull-saraat’, please!

  7. Fellow-Pakistani

    @Humanity:
    Anyone who can make an honest living and considers other Muslims as Muslims (regardless of what interpertation they do of Holy Quran and hadith) in Pakistan, will find ‘Pull-Saraat’ a CAKE-WALK.

    BTW: It is interesting that ONLY Lahori-Ahmadis consider EVERY reciter of Kalima-Shahada as Muslim, and offer prayers (namaz) behind that person. Lahori-Ahmadis even consider Qadianis, Shia, wahabis, Deobandi, Berlavi, Ismail etc as Muslims. It is Qadiani-Ahamdis and rest of Muslim-Types who have problem accepting other as Muslims.

  8. Fellow-Pakistani

    @Humanity,
    I hope my post with links to Pakistan Supreme Court cases March 1986, gets through the moderation.
    So, that we all can appreciate THE GREAT WORK OF GREAT ASMA JAHANGIR.

  9. Talha

    @ Fellow-Pakistani

    I do not know why you are hell bent on spreading wrong information all over the internet with your comments and hateful blog.

    Ahmadis also consider any reciter of the Kalima to be a Muslim.

    Btw, don’t go off topic and derail the thread, your nonsense would be most suited for your own blog.

  10. Fellow-Pakistani

    @Talha:
    “Ahmadis [Qadianis] also consider any reciter of the Kalima to be a Muslim.”

    What a joke!
    Rather joke of the year!
    hahahahahahahahahah…..:))))

  11. Talha

    ^^^^

    Says it all doesn’t it.

    What a joke?

  12. Fellow-Pakistani

    @Talha:
    SO, TALHA WHO WROTE THE FOLLOWING QUOTES?? DID ZA BHUTTO, MAUDUDI, MUFTI MAHMUD, ANY OTHER MULLA WROTE THEM???
    PLEASEEEEEEEEEEEEEEEEEE TELL US….

    1) “So whatever has been ordained in the Holy Quran about non-belief in a Prophet, the same applies in the case of Mirza Sahib.” (Al-Qaul-al-Fasal, p. 33).
    2) “If we don’t believe in him as a Prophet then a dangerous flaw occurs (in iman [faith]) which is enough to render one a ‘kafir’.” (Haqeeqat-un-Nabuwwat, p. 204).

    3) “It is obligatory for us not to consider non-Ahmadis as Muslims.” (Anwaar-e-Khilafat, p. 90).

    4) “… and one who does not believe in the Promised Messiah, whatever his reasons for this non-belief, he is kafir.” (Zikar-e-Illahi, p. 22).

    5) “The third matter to which he (Maulana Muhammad Ali) calls my attention is the issue of ‘kufar and Islam’. He says the path of peace is that we consider non-Ahmadis as Muslims, but I say ‘the path of peace is that we accept the decision of the Holy Quran. The Holy Quran calls the non-believers in a Prophet a kafir, and the same Allah calls Mirza Sahib a Prophet’.” (Haqeeqat-ul-Amar, p. 17).

    6) “Is there any such irreligious non-Ahmadi who will marry his daughter to a Christian or a Hindu? You call them kafir but in this matter he is better than you in spite of being a kafir, but you even being Ahmadi marry your daughters to kafirs.” (Maliakatullah, p. 46).

    7) “We met a person in Lucknow who is a great scholar. He said ‘many of your adversaries falsely propagate about you that you call us kafir. I cannot believe that a person of your vast capacity would be saying so.’ Sheikh Yaqub Ali was talking to him. I told him, ‘you tell him that we in fact call him a kafir.’ On hearing this he was much astonished.” (Anwar-e-Khilafat, p. 92).

    8. All such Muslims who have not entered in the Baiat of the Promised Messiah, whether they have not heard the name of the Promised Messiah, are kafir and out of the pail of Islam. That these beliefs have my full concurrence. I readily admit. (Aaina-e-Saddaaqat. p. 35).

    His younger brother Mirza Bashir Ahmad, M.A., surpassed him when he wrote:

    “Every such person, who believes in Moses but does not believe in Jesus, or believes in Jesus but does not believe in Mohammed, or believes in Mohammed but does not believe in the Promised Messiah, is not only a kafir but a confirmed kafir and out of the pail of Islam.” (Kalamatul-Fasal, p. 110)

  13. Talha

    Is the the best you can do, get false and manufactured quotes from anti Ahmadiyya sites.

    These websites curse the same man we beleive in and you continously use them to malign us.

    How low can you get, these manufactured and partial quotes have been produced by JI miscreants for their websites and some of these so called sources do not even exist.

    The same quotes are produced by the likes of you and other opponents of Ahmadis many times over, just google one of your sources to realise that they are not only being used by hate campaign websites and other places to negate our image.

    All the books we have are on ww.alIslam.com, find these books there and then highlight the quotes.

  14. Fellow-Pakistani

    @Talha:

    bahiji, these quotes are from books available on official website of qadianis:

    alislam dot org

    go and read the books. read them in context and full then keeping Allah SWT as your witness, write and tell us what it says.

  15. Talha

    Go find the books on the website yourself and then provide a link to them.

    Why are you copy pasting from Anti-Ahmadiyya websites and the Lahori group websites. those are the only places they can be found.

    You are talking as if you have read the books, so it would not be difficult for you to find these books and the quotes in the website AlIslam.org and then provide a link here.

  16. Fellow-Pakistani

    @Talha:

    I would LOVE to post links to pages that has the quotes. But friends of Qadianis i.e. moderators of this blog DON’T ALLOW people like me to EXPOSE Qadianis.

  17. Talha

    You can always put spaces in the link to get the comment posted without moderation.

    Nice excuse though.