Creditably for it, the PTI government has taken an important step towards addressing the deeply distressing issue of 'missing persons'. While presiding over a meeting with officials concerned, Prime Minister Imran Khan gave the go-ahead to human rights ministry's proposal to amend the Pakistan Penal Code (PPC) in order to criminalize any attempt by an individual or an organization involved in an enforced disappearance. And those involved in kidnapping and detaining citizens are to be tried in civil courts. Minister for Human Rights Shireen Mizari has also been talking of forming a truth and reconciliation commission so the families of the 'disappeared' could have answers, that though is not something within the realm of possibility in this country given the current power balance.
The abhorrent practice has caused unease all over the country and unrest in the most affected conflict-ridden Baluchistan and the tribal areas. For several years, distraught families of the 'missing' have been staging protest demonstrations, demanding to know the whereabouts of their near and dear ones or at least whether or not they were alive, albeit with little success. According to the Commission of Inquiry on Enforced Disappearances, it received as many as 5,507 complaints up to October 31, and an additional 111 till November of last year, out of which 3, 492 had been disposed of. More than 600 still remain unaccounted for. That is no way for a democracy to deal with the lives of its citizens without giving them a chance to defend themselves in a court of law. The previous governments, seemingly powerless to do anything about the problem, preferred to look the other way. The setting up of the commission of inquiry was not much more than a sop. In fact, its previous head, retired justice Javed Iqbal, had tried to downplay the seriousness of matter, saying it had been "politicized" and that the situation was "not as bad as it is made out to sound." The statement in itself was an admission that even if the situation was not as bad as perceived, it was bad enough.
Whilst the present government's effort to resolve the issue by amending the PPC deserves to be commended, it needs to be noted that the Constitution already provides citizens with protection against arbitrary arrest and detention. That has not prevented the perpetrators from acting with impunity. Two reasons, nonetheless, inspire optimism that the proposed law might have some deterrent effect. One is that unlike at present, it would be compulsory for the 'enforcers' to file a report with the police with specified charges for taking any person into custody. Second, the environment is increasingly intolerant of rights violations. As regards trying the violators in courts of law, considering the snail's pace at which the justice system moves that may not serve as a disincentive for them. The system needs to change. Chief Justice Asif Saeed Khosa having made it known he is cognizant of inordinate delays in disposals of cases, it is hoped he will soon undertake reform measures so justice is served in a timely manner.