Written by: Mahnaz Shujrah
Posted on: November 08, 2022 | 
| 中文
(L-R) Dame Maura McGowan, Sara Malkani, Sheikh Raza Rahman, Dr. Amber Darr, Salman Akram Raja, Justice Qazi Faez Isa
On Saturday, November 5th, 2022, Lahore University of Management Sciences (LUMS) hosted “Pakistan @ 75”, an event organized by South Asia Center of the London School of Economics and Political Science (LSE). The conference was a commemoration of Pakistan’s 75th anniversary. The one-day event consisted of panel discussions followed by question-and-answer sessions. Esteemed professionals and practitioners, all experts and giants in their respective fields, were invited to enlighten and engage with the audience on Pakistan’s evolution since independence, as well as the future trajectory of the nation.
The first panel “Decolonizing Law for a Modern Pakistan” was an eye-opening discussion on Pakistan’s laws and legal system, and how the merger of colonial and modern laws has created somewhat of a hodgepodge without a clear vision. Dame Maura McGowan talked about criminal law, and how law is more than just good or bad, it must be relevant and adequate. Sara Malkani’s presentation centered around the evolution of family laws, an area of law that British initially left relatively open ended, yet after Partition, Pakistan has failed to amend or establish functional laws. As it was pointed out, local and indigenous values are not homogenous, and blanket decolonization would be pointless, if we as a nation do not know or agree upon the alternative.
Panel discussion on 'Decolonizing Law for a Modern Pakistan'
Sheikh Raza Rahman shed light on commerce law, an area that was quite strategically laid down in detail during colonial rule. He says “These colonial era laws, starting from late 1800’s until 1947, were promulgated for their specific era, but I still think that they provide a very strong building block, and they have the advantage of being intelligible, and it is up to us how to update them, through amendments or through repeal”. He argued that not all colonial laws are irrelevant, in fact some of them represent a “timeless architecture”, laws which had systems in place for smooth application and execution, something which Pakistan has had difficulty with.
Next, Dr. Amber Darr dived into the history and current state of regulatory laws in Pakistan. She also pointed out that decolonization itself was a nuanced term: “The word ‘decolonization first gained currency in the aftermath of WWII … In this context, decolonization was about exercising sovereignty over political, economic, and legal systems, and the right to self-determination of the indigenous people. But this is not the only concept of decolonization that is currently in vogue. There is a new wave of decolonization, a concept which emerged in academia in 2011 … students started questioning why the curriculum is all white, why are we studying from the perspective of white men only, and there was this wave of decolonizing the curriculum. The differences amongst these two types of decolonization are obvious, but at the core there is a similarity that binds them: both versions of decolonization are seeking to redress a power imbalance.”
A participant asking a question from the panelists
One of the more fascinating presentations was by Salman Akram Raja, who took the audience through a historical and comparative analysis of the Land Acquisition Act of 1884. This act that was inherited by Pakistan and India at the time of Partition, was amended and evolved into two completely different directions. In Pakistan’s case it became an even more exploitative law than under colonial rule, highlighting that merely changing a colonial law does not ensure decolonization has happened. “We have a state which is extracting at every level, whether it is land, whether it is labor of the weakest segments of society. All of this is happening because we do not have a deep enough democratic process. So, the urge for decolonization has to be a democratic urge” concluded Akram Raja.
Last speaker of the panel was Justice Qazi Faez Isa, who shed light on different aspects of the legal system of Pakistan. While previous speakers had pointed out the rationale behind colonial laws, Justice Faez Isa exposed the objective of exploitation that lay behind the colonial machinery, highlighting that even if many of the colonial laws are well written and relevant, they were the product of a specific mindset that had the intention to rule and extract as much as possible from their colony. He used the case study of the Sardari system, and how the British legally entrenched this system to the point where it is almost impossible to undo it. He cited the sources that clearly state the benefits of this hierarchy to the British. In conclusion, his argument was that laws should be looked at critically, in the context of their origin and in relation to present realities. As a nation it is critical to understand one’s past and have a vision for the future.
Dr. Alnoor Bhimani, Dr. Amjad Saqib, Dr. Sania Nishtar, Dr. Ali Cheema and Dr. Sania Nishtar
“Can Pakistan be South Asia’s next Powerhouse?” that was the question tackled by the second panel. Moderated by Professor Alnoor Bhimani of LUMS, the panel opened the floor for economist Dr. Ali Cheema, Dr. Mariam Chughtai, an expert in the field of education, Mr. Abdul Razak Dawood, an industrialist and expert advisor to two former Prime Ministers, Dr. Muhammad Amjad Saqib, the chairman of Akhuwat Foundation and Dr. Sania Nishtar, a senator and advocate for public health. Mr. Razak rightly pointed out the problems plaguing Pakistan, ranked in order: Population growth, climate change, fund drainer in the form of state-owned enterprises, bloated civil-military establishment, energy crisis and national debt. While these are macro-level problems, it is possible they can be tackled in part through microlevel interventions. As shared by Dr. Amjad Saqib, “Interest free loans were given to five million different families, around 40 million people who have been financially included, they are creating wealth. This Rs. 200 billion in disbursements has created Rs. 200,000 billion of wealth. So, this creation of wealth might have gone into the pockets of a few rich men or women. But through microfinance and giving this capital to the poor people who do not have access to the banking system, you are creating wealth of two thousand billion rupees, which is equitably distributed among these five million families.”
Dr. Muhammad Amjad Saqib, Chairman of Akhuwat Foundation, speaking at the event
The third and last session of the day was a discussion with Syed Babar Ali, “A Conversation on Nation-Building”. The talk was moderated by Professor Alnoor Bhimani. The conference served to be a day of learning, critical thinking, and engagement. The emphasis on individual action as well institutional responsibility was appreciated. If Pakistan is in essence to embark on the journey of decolonization, democratization, and development, then the famous historic words of John F. Kennedy come to mind: “Ask not what your country can do for you – ask what you can do for your country.” May we all play our part and hold ourselves and each other accountable for our actions, or lack thereof.
A conversation on Nation Building with Syed Babar Ali
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