The Right to Dignity and The Right to Legal Representation:

Has Pakistan Failed Its Most Vulnerable Citizens?

by Umar Rashid

---

Article 14 of the Constitution of Pakistan provides for the inviolability of human dignity. This paper analyses the current system of legal aid available to defendants in criminal proceedings and its effect on their right to dignity under Article 14. The paper argues that the fundamental right to a fair trial and the principles of due process of law, rule of law and equality before the law, at the very minimum, require that every person should have access to legal representation of their choice, and if they are unable to afford it, to have it provided by the state. It will be shown that although the Constitution does not contain a provision that explicitly provides for the right to legal representation and legal aid the right exists and is among the fundamental rights that each citizen of Pakistan enjoys. Moreover, it is argued that since the Supreme Court of Pakistan has construed the right to dignity as being intrinsically connected to other fundamental rights grave violations of these other rights may imply a violation of human dignity. In particular, it will be shown that successive federal and provincial governments in Pakistan have failed to set up a viable system for the provision of legal aid and public defender's office. This has results in innocent people spending years in jails simply because they cannot afford a lawyer It is concluded that this failure is imputed to the state of Pakistan, which has failed to uphold the human dignity of one of the most vulnerable sections of society.