Journal of Law and Society

1) A LEGAL ANALYSIS OF THE ACCOUNTABILITY MECHANISM OF PAKISTANI POLICE FROM THE PERSPECTIVE OF HUMAN RIGHTS: A CASE STUDY OF KHYBER PAKHTUNKHWA
Author(s):Maryam Khan Sher, Muhammad Nadeem

Abstract :

This paper is an overview of the power phenomenon of Pakistani Police from an angle of Human Rights. Police is the states’ most direct manifestation of power all across the globe. Unfortunately, in Pakistan it is the least trusted and the most largely feared states’ department. The paper is a critique of the current accountability model of Police in Pakistan. The history of Police structure right from the time of British colonial rule over subcontinent has also been discussed. The science of policing has complex history. The accountability has been looked from three perspectives under this paper. How accountability could be conceptualized from the perspective of human rights? What is the relation of internal and external accountability for the furtherance of good and effective policing? What are the major drawbacks in our current strand of accountability mechanism? This is the time to reject the super human role of policing. The service deliverance of Police in Pakistan has also been analyzed from Human Rights perspective. The use of force needs to be controlled for better Human Rights assurance. The idea of “political dependence” of police is a very real problem. The paper also looks to police powers in Pakistan. The paper is a legal determination of police powers and duties, in fact. The police’s main responsibility is to protect life, property and honor.
2) CLASSROOM TEACHING PRACTICES ADOPTED BY ECE TEACHERS IN PAKISTAN: AN EVALUATIVE REVIEW
Author(s):Muhammad Sarfraz Ghumman, Ashiq Hussain

Abstract :

The main purpose of the study was to evaluate the classroom teaching practices of teachers at early childhood level in public schools of Punjab. The objectives of the study were to evaluate the classroom teaching practices of ECE teachers and identify the differences between the classroom teaching practices of male and female ECE teachers of Public Schools of Punjab. The study was conducted on a heterogeneous sample of 994 subjects. The overall response rate was 80% (N=720). Questionnaire for ECE teachers was prepared for collection of their responses regarding their teaching practices. The overall reliability of questionnaire was (.734).The data collected through questionnaire was used to compare the teaching practices between urban and rural and male and female ECE teachers of public schools. The finding shows that majority of ECE teachers were teaching to ECE children by using different strategies at ECE level in public schools and their effect according to Cohen’s d formula was ranged from 0.00 to 0.91. Finally, some recommendations were made for betterment and development of early childhood education in Punjab.
3) LINKING PERFORMANCE APPRAISAL WITH EMPLOYEE JOB OUTCOMES: EVIDENCE FROM EDUCATIONAL INSTITUTIONS IN PAKISTAN
Author(s):Saima Batool, Sajid Rahman Khattak

Abstract :

This paper aims to investigate the impact of performance appraisal on employee job satisfaction and employee motivation through a moderation of distributive justice, in the educational institutions of Pakistan. A multi-dimensional questionnaire is designed to gauge results. A sample survey consisted 350 employees was selected through multi- stage sampling technique. A Descriptive, multiple regression and correlation model had been used to analyze the composed data. The study found that distributive justice has a constructive impact on motivation, job satisfaction, personal development and ultimately on employee performance appraisal. The study also recommend that the level of job satisfaction and motivation can be elevated among employees by competency based pay and incentives. Further, this research is specifically calculated to maximize the potential of employees.
4) GRANTING IMMUNITY TO THE GLOBAL PUBLICPRIVATE PARTNERSHIPS AND THE RIGHT TO FAIR TRIAL UNDER ARTICLE 6 OF ECHR AND ARTICLE 14 OF THE ICCPR
Author(s):Muhammad Asif Khan, Pervaiz Khan

Abstract :

The Global Public Private Partnerships are being awarded with major operational leverage in acts which are normally the duty of a state. This leverage comes with granting immunities to such organisations. The immunities are granted in order to make the actions of these organisations as swift as possible. However, the immunities are not without unlocking debates about some legal questions. Some possible violations of laws during the operations of these organisations will go unchecked; hence challenging the legality of the “Right to a Fair Trial” under article 6of ECHR and Article 14 of ICCPR. This anomaly is followed by the questions of granting immunities to these organisations as immunities under international law may only be granted to the International Organisations under some circumstances.
5) KHYBER PAKHTUNKHWA INDUSTRIAL LAWS AND ENVIRONMENTAL PROTECTION
Author(s):Inayat Ullah Khan, Faisal Shehzad

Abstract :

The article has identified various industrial laws of the Province of Khyber Pakhtunkhwa and have analyzed such laws with reference to international environmental conventions and national policies of the government through comparison and contrast, and gaps and overlaps are identified which are needed to be addressed legislation for effective protection of environment relevant to industrial sector.
6) INTERNET BANKING AND ITS POTENTIAL RISKS
Author(s):Pervaiz Khan, Muhammad Asif Khan

Abstract :

Internet banking is playing pivotal role in our daily life’s working, such as paying bills, transferring funds, buying products and so on, at any time and from anywhere through usage of internet. However, it has also some cons, which need to be addressed in the future. These disadvantages include: risks to consumers’ trust; reduction in employment opportunities; and not fully equipped to control money laundering.
7) THE EFFECTS OF TERRORISM ON THE CRIMINAL JUSTICE SYSTEM OF PAKISTAN
Author(s):Faisal Shehzad, Inayat Ullah Khan

Abstract :

Every catastrophe as an opportunity at the same time, recent wave of terrorism has exposed the criminal justice system of Pakistan and revealed all it shortcomings. The article is focused on the analyses of crimes and terrorism related laws of Pakistan where shortcomings are identified and recommendations are given to address lacunas for effective criminal justice system in relation to terrorism.
8) NEED FOR WITNESS PROTECTION PROGRAM: IN PAKISTAN IN GENERAL, AND IN KHYBER PAKHTUNKHWA IN PARTICULAR
Author(s):Parveen Gul, Bahadar Ali

Abstract :

A ‘witness’ is an imperative aid in the administration of Criminal Justice System. Witnesses perform a significant role in assisting the court of law in all the stages of a criminal proceeding in order to decide the innocence or guilt of an accused person. If no protective measures are taken in order to protect the witnesses and their families against such threats then many persons would be reluctant to collaborate with the authorities and in this way Justice System would be paralyzed in most of the cases. Need of the study arises when we see that there is no such protection program in Khyber Pakhtunkhwa to protect the witnesses in critical cases. Absence of such programs/laws has aided in strengthening of the offenders and criminals for reason that in the absence of witness protection program, the witnesses turn hostile which further complicated the situation. Therefore, enacting witness protection laws, in Pakistan in general and Khyber Pakhtunkhwa in particular, is need of the hour.
9) HARASSMENT OF WOMEN; A BIASED APPROACH; NEGLECTING OF OTHER GENDERS
Author(s):Muhammad Nadeem, Naeem Ullah Khan

Abstract :

Unfortunately, there is no universal definition of sexual harassment which can be agreed by all countries and is at the same time adequate in nature 1 . One of the reasons is cultural diversity, certain kinds of behaviors which are acceptable at one place but are abhorred or detestable at other places2. Still, sexual harassment may be defined in three different ways namely a legal perspective, the social-psychological point of view that is broader in nature than legal one but with some exception and the third approach is general masses and a layman’s point of view 3 .Still, the debate is the same; what does actually harassment is constituted of?
10) LIFE CYCLE OF THE NOMADS: (A CASE STUDY OF HARICHAND, DISTRICT CHARSADA, KHYBER PAKHTUNKHWA, PAKISTAN)
Author(s):Amir Alam, Muhammad Ibrar

Abstract :

The study has been carried out with the objectives to investigate the lifestyle and different migratory routes of the nomads. The data for this study has been obtained by using in-depth interviews in order to gather reliable data. This study revealed that nomads are vulnerable human groups since they have adopted to be nomads. Herds/livestock is their primary source of income and satisfaction of subsistence requirements. Being landless and homeless they migrate to different territories in search of grazing fields by following different migratory routes. Nomads have got different nomenclatures in different communities and have unique cultural norms and lifestyle. The sedentary lifestyle does not change their way of life. Being Muslim, they are religious and custodian of the religious beliefs. This study recommends that since this group is susceptible to various threats, therefore, their cultural and religious practices should also be protected.
11) CAUSES OF BOOK PIRACY IN PAKISTAN: A STUDY OF KHYBER PAKHTUNKHWA
Author(s):Sobia Bashir, Ghalib Khan

Abstract :

Copyright infringement is the violation of copyright laws. The most common infringement of copyright is piracy. Piracy is generally known as the deliberate infringement of copyright and an absolute disregard for ownership or authorship of literary works. The phenomenon of piracy stems from social, economic and legal backgrounds. The main objective of this study is to investigate the main causes of book piracy in Khyber Pakhtunkhwa and give possible measures and to improve the current situation. Based on qualitative approach an interview technique was designed to carry out this study. The population of this study were the registered publishers (N=14) in Khyber Pakhtunkhwa. Out of 14 publishers 10 participated in the study whereas 4 declined to participate. On this proportionate the response rate was 71.4%. The study found that lack of knowledge on the part of the publishers regarding copyright laws was the main factor of book piracy in the province. The study suggests that in order to curb book piracy there is great need of educating the publishers’ community and general masses about the demerits of piracy.

Volume No. XLVI

Issue No. 67

July 2015