Human rights at odds in Punjab

Rabia Wali
AS lockdown is coming to its end the dismal
clouds of accumulated debts are hovering over
those whose income verses expenses ratio shoot from 0 to 100. First Punjab Government gave lollypop to these suppressed souls through 10 April Notification on rent which guaranteed them that the deferment of rent for two months since the issuance of notification and no tenant will be evicted on non-payment or delay of rent. However, this matter was again reconsidered in the light of true realities on which Government of Pakistan functions and it was observed that tenants are not the suppressed one but the landlords who won’t receive rent for these two months are the most because their sole source of income is rent while tenant whose source of income which has been fully compromised during this whole lockdown scenario is not state’s responsibility therefore good to be ignored. Although, the well-being of this class is promised in preamble of Constitution of Pakistan, if this is going to be the reality then it is better to revise the preamble and it should lay emphasis on rights of landlords, factory owners, because illusion of concerned state is more painful than bitter exposed realities when common man is deceived in such a manner.
Now it’s been more than one month since the withdrawing of Notification of 10 April and no cogent policy, not a single revised notification is given to deal with this plight. If Punjab Government can wake from deep slumber for the landlord class after 14 days of issuance of notification, then why is it still silent for tenants for above a month. First we can observe the lack of foresightedness in issuing first notification then its complete withdrawal shows another unproportioned move where favouring one section of population over the other is completely inequitable. A mild step could have been made with revised notification rather than ultimate withdrawal where liability of rents could have been made shared between both the tenants and landlords. This is not the only case but the Punjab Government’s never coming response on the petition filed for those factory employees who were removed illegally from their jobs under the garb of Corona lockdown gives another irresponsible and ignorant response on human rights concerns. As after 18th Amendment the matter associated with labours and industrial employments have come under the provinces’ domain and, that’s why this matter should be observed under standing orders pursuant to the Punjab Industrial and Commercial Employment (Standing Orders) (Amendment) Act, 2012. Under standing order 11 (3) those employees who have been laid off in pandemic or beyond control situations shall be paid one half of the daily wages for first 14 days of suspension order under order 11.
Now these orders discuss only the matter of suspension of establishments and employments while the matters of permanent termination are to be dealt under “standing order 12” which makes the requirement of one-month notice and one month pay mandatory in case the notice is not given. Now these regulations have been blatantly ignored all over Punjab where employees are being given unpaid leaves for as long as lockdown goes without 14 days’ remuneration and even if they have annual leaves left they were not allowed to invoke them during lockdown period. Above all this a great number of people were given termination notices without one month pay or one-month notice. The breach at this massive level should be addressed which Punjab Government has been unable despite the fact that Sindh Province and Islamabad have issued notifications under Section 2(1) of Epidemic Diseases Act, 1958 and Section 3(1) of Sindh Epidemic Diseases Act, 2014 to protect the jobs of workers of every kind. As being part of one Pakistan such disparity in treatment of employees shows flaws in 18th Amendment with respect to rights of these individuals, where at least on human rights grounds singular policy should be adopted all over Pakistan in the circumstances like this.
In truth, where government is not responding properly on the issue even when the matter is pending before court then how can we expect the notification like this to be issued. Thus, Government through silence is giving implied consent to all the injustices done to actual suppressed class and turning blind eye to their plight. It is for sure true a lot many people may not die from corona but definitely from hunger and debts. Now these people who have lost their jobs due to this pandemic, how are they supposed to pay their rents. Unluckily, these have been two major issues that Government had failed to address properly and still no consistent policy is given with respect to deal with these matters. Everyone is aware of the fact that this pandemic has affected every sector equally, when it has affected equally then why different sectors are being treated so unequally. Why one segment is being favoured over the other and why the principles of shared responsibility were not being observed so that the principles of equality can be upheld.
—The writer is a lawyer and human rights activist based at Lahore.