বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৪৩

শিরোনাম সূত্র তারিখ
পাকিস্তানের নাগরিক ও সংখ্যালঘুদের বিষয় সংক্রান্ত প্রশ্নে মৌলিক অধিকার কমিটির রিপোর্ট পাকিস্তান গণপরিষদ ৬ই অক্টোবর, ১৯৫০

REPORT OF THE COMMITTEE ON FUNDAMENTAL RIGHTS OF CITIZENS OF PAKISTAN AND ON MATTERS RELATING TO MINORITIES.

(As adopted by the Constituent Assembly of Pakistan on the 6Ut October, 1950).

FUNDAMENTAL RIGHTS OF CITIZENS OF PAKISTAN

PART I

CITIZENSHIP

 1. Citizenship at the date of commencement of the Constitution-At the dale on which this Constitution comes into force every person shall be deemed to be a citizen of Pakistan.

 (a) Who or cither of whose parents or grand-parents was born in the territory comprising Pakistan and who after the fourteenth day of August. 1947, has not been permanently resident in any foreign State; or

 (b) Who or either if those parents or grand-patents was born in the territories which on the 31" March, 1937, comprised India and who has his domicile in Pakistan as described in Part II of the Indian Succession Act, 1925, had the provisions of the Part been Applicable to him:

 Provided that in case of his having, before the date of the commencement of this Constitution, acquired the citizenship of any foreign State, he has renounced such citizenship by depositing a declaration in writing to this effect with an authority appointed for that purpose.

 2. Legislature to regulate the Right of Citizenship-The Legislature of Pakistan may make further provision in respect of acquisition and loss of citizenship and all other matters pertaining thereto.

PART II

FUNDAMENTAL RIGHTS

 1. Protection of life and personal liberty and equality before law-(7) (a) All citizens are equal before law; and

 (2) No person shall be deprived of life or liberty, save in accordance with law.  2. Protection in respect of conviction of offence- No person shall be punished in respect of an act the doing of which was not punishable at the time when it was done.

 3. Right to move High Court for writ of habeas corpus-The right of a citizen to move the High Court for a writ of habeas corpus shall not be suspended, except in case of an external or internal threat to the security of the State or other grave emergency.

 4. Prohibition of discrimination on grounds of religion, race, caste or sex- There shall be no discrimination on grounds only of religion, race, caste, sex or place of birth with regard to access to places of public entertainment, recreation, welfare or utility:

 Provided that nothing in this Article shall derogate from the powers of the State to make special provision for the benefit of women and children:

 Provided further that the provisions of this Article shall not apply to places of religious worship, shrines or other similar sacred premises.

 5. Prohibition of slavery and forced labor.- (1) No one shall be held in slavery or servitude.

  (2) All forms of forced labor are declared unlawful: Provided that the State shall not be prevented from imposing compulsory service for public purposes.

  (3) No one shall be subjected to torture or to cruel inhuman treatment or punishment.

 6. Prohibition of employment of children in factories, etc.- The Employment of children under fourteen years of age in a factory or a mine, or in occupations involving danger to life injury to health, is prohibited.

 7. Equality of opportunity in matters of public employment- Every duly qualified citizens shall be eligible to appointment in the service of the State irrespective of religion, race, caste, sex, descent or place of birth:

 Provided that it shall not be unlawful to make provision for the reservation of posts in favor of any minority or backward section of citizens in order to give them adequate representation:

 Provided further that it shall be lawful to prescribe that only a person belonging to a particular religion or denomination shall be eligible to hold office in connection with any religions or denominational institution or governing body thereof.

 8. Compulsory acquisition of property- (/) No person shall be deprived of his property except in accordance with law.

 (2) No property shall be requisitioned or acquired for public purposes under any law authorizing such requisition or acquisition unless the law provides for adequate compensation.  Nothing in this clause shall affect the provisions of any existing law or the provisions of any law which may hereafter be made for the purpose of imposing or levying any tax or for the promotion of public health or for the prevention of danger to life or property.

 9. Protection of certain rights regarding freedom of speech, etc.-(1) Every citizen of Pakistan is guaranteed:

  (a) freedom of speech, expression, association, profession, occupation, trade or business, acquisition and disposal of property and peaceful assembly without arms;

  (b) the right to move freely throughout Pakistan and to reside or settle in any part thereof;

  (c) the right to equal pay for equal work.

 (2) Nothing in this Article shall affect the operation of any existing law or prevent the State from making any law relating to libel, slander, defamation, sedition or any other matter which offends against decency or morality or undermines the authority or foundation of the State; or from restricting or regulating, in the public interest or in the interest of public order, morality or health, any freedom or right guaranteed by this Article.