Punjab's 'Habitual Offenders' Bill: Rights groups demand withdrawal, cite constitutional violations
Synopsis
Key Takeaways
Civil society groups, lawyers, and journalists in Pakistan have called for the immediate withdrawal of Punjab's 'Habitual Offenders' Bill, warning that the legislation — if enacted — would systematically erode human rights protections across the country. The demand came at a round table convened by the Human Rights Commission of Pakistan (HRCP) in Islamabad on 10 July.
Key Concerns Raised at the HRCP Round Table
Human rights lawyer Asad Jamal argued that the bill's primary purpose is to allow the state to legally sidestep civil liberties by deploying deliberately vague language — terms such as 'habitual offender' and 'anti-social behaviour' that lack precise legal definition. He raised particular alarm over Section 5 of the bill, which would empower a provincial intelligence committee to register cases against perceived 'habitual offenders' arbitrarily and without accountability, according to the HRCP's statement.
Academic Adnan Sattar described the bill as having taken 'repressive legality' to an extreme, while urging civil society to adopt a more pragmatic strategy in challenging such legislation. HRCP Punjab vice-chair Raja Ashraf observed that the space for meaningful legislative debate in Pakistan had significantly narrowed in recent years.
Constitutional Violations Alleged
Pakistan Tehreek-e-Insaf (PTI) lawmaker Sheikh Imtiaz, from the party led by Imran Khan, alleged that the bill contravenes at least 14 articles of the Pakistani Constitution, including provisions guaranteeing the right to a fair trial and the right to freedom of movement. He further alleged that 'lawmakers were often denied access to the contents of bills before they were tabled for discussion' — a claim that, if accurate, points to serious procedural concerns in the Punjab legislature.
Lawyer Ali Javed Darugar characterised the bill as an effective upgrade of colonial-era laws, arguing that 'devolution and state accountability were the only way to escape what had become a vicious cycle.'
Backdrop: Extrajudicial Killings in Punjab
The round table unfolded against a deeply troubling backdrop. The HRCP had, last month, expressed grave concern over persistent extrajudicial killings in Punjab province, where 808 police 'encounters' have reportedly resulted in the deaths of 1,100 suspects. The rights body had earlier cautioned the Punjab government that the Crime Control Department (CCD) Punjab appeared to be routinely deploying lethal force as a method of 'controlling' crime rather than pursuing due process.
The HRCP also criticised the killing of a nine-year-old child, describing it as symptomatic of a broader normalisation of extrajudicial force. 'The fact that this normalisation of lethal force outside due process has directly resulted in the death of a nine-year-old child should be a call to conscience for the Punjab government,' the HRCP stated, calling for an immediate judicial inquiry. While the CCD acknowledged the incident as a 'violation' of departmental rules, the HRCP argued that internal accountability cannot substitute for independent oversight.
What the Bill's Critics Say It Signals
Critics argue that the Habitual Offenders Bill, viewed alongside the CCD's record on encounter killings, suggests a deliberate legislative architecture designed to expand state power over individuals with minimal judicial checks. Notably, the bill arrives at a moment when Pakistan's civil liberties space is already under pressure from multiple directions — a pattern the HRCP and other rights bodies have documented repeatedly in recent years.
What Happens Next
The HRCP and participating civil society groups are expected to intensify their campaign against the bill's passage. A judicial inquiry into the nine-year-old's killing has been demanded. Whether the Punjab government responds to these calls — or proceeds with the legislation — will be closely watched by human rights observers both within Pakistan and internationally.