Section 144: Ban on public gatherings

In the recent wake of protests against suspension of chief justice Iftikhar Mohammad Chaudhry, section 144 has been used to impose restriction on public gatherings. But it is not the first time that this section is used to ban assembling of people for registering their political, economical, or religious complaints. HRCP reports of 2005 and 2006 cites numerous such arrests under section 144 when citizens were exercising their fundamental right to protest. Such examples range from harassment of citizens in Sindh protesting against water shortage to teachers in Dadu demanding their unpaid salaries. Rounding up of hundreds of political workers is another story. Nor is this section used only in Musharraf’s reign. In fact, every government has invoked it against political rivals and whoever dared to voice their concerns as civic citizens.

What it does is empowerment of a district government to issue orders that may place a ban on gathering of more than five people for a specific period of time extending to two months. On the other hand, article 20(1) of universal declaration of human rights grants everyone the right to freedom of peaceful assembly and association. According to article 16 of constitution of Pakistan, every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order.

The section 144 has its roots in British constitution of 1938. British needed it to secure their imperialistic interests. The question is whose imperialistic needs it is serving now? If our goal is a democratic society instead of a one based on imperialistic values, then, right of peaceful assembly is a must for creation of such a society. When peaceful means of being heard are denied to masses, violence results. Freedom to rally provides catharsis to various repressed groups in the society and helps them in communicating their grievances. Any such laws and measures which deprive the people of their right to assemble must be condemned. Violence which is usually accompanied by public protests is often cited for the justification of such laws. But this violence is consequences of repression which is carried out at all levels in our society. Only when people will be allowed to exercise their right of public gatherings, then, a true culture of peaceful rallies will be born. Masses can not be expected to learn the manners and discipline associated with pubic gatherings in absence of any established traditions of public protests. Rules of the game are evolved when a game is practiced.