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Pakistan’s 26th constitutional amendment is curtailing judicial independence – Southasia Weekly #40

Pakistan’s 26th constitutional amendment is curtailing judicial independence – Southasia Weekly #40

This week at Himal

Last month, Pakistan’s cabinet hastily passed a constitutional amendment implementing controversial judicial reforms. Salman Rafi Sheikh unpacks the implications of Pakistan’s 26th amendment, and how it curtails judicial independence.

For our next Podcast of the Week, host of the State of Southasia podcast Nayantara Narayanan will be talking to Pankaj Sekhsaria, associate professor at the Indian Institute of Technology (Bombay), researcher and author of several books about the Andaman and Nicobar islands, about India’s disastrous mega-infrastructure project in Great Nicobar.

Film Southasia 2024 kicks off next week in Kathmandu from 21 to 24 November at Yala Maya Kendra, Patan Dhoka! Browse through the 47 featured documentaries here and make sure to drop in and support independent Southasian non-fiction film if you’re in the area! You'll also be able to sign up for Screen Southasia at the venue - look out for our poster! 

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Also read: Southasia Review of Books podcast #11: Sex, scandal and the death of a poet in 1970s Karachi

Also read: Pakistan’s judicial system takes an authoritarian hit

Also read: Can Sri Lanka’s newly empowered NPP deliver a new dawn for women in politics?

This week in Southasia

India's Supreme Court rules 'bulldozer justice' unconstitutional

In a landmark ruling, India’s Supreme Court banned the practice of bulldozer justice, which saw the demolition of homes or places of business as a method of punishment. It also directed that state authorities must give the affected people at least 15 days notice to legally respond to a demolition order. The ruling comes after a number of petitions were filed seeking to ban the practice. State and local governments say that many of the demolitions took place because the homes were unsafe or illegally constructed, or because a resident was convicted or suspected of committing a crime. Rights advocates have pointed out that many of the targets of punitive demolitions were Muslims, with the practice occurring more frequently in BJP-led states. 

According to the Indian advocacy organisation Housing and Land Rights Network, more than 153,000 homes have been demolished by state governments between January 2022 and December 2023, with 738,000 people being displaced. In its ruling, the Supreme Court pointed out that the demolition of homes could also be seen as an act of collective punishment targeting entire families. While many welcomed the ruling, analysts pointed out that implementation of the order would be key to ensure that the ban was upheld. 

Elsewhere in Southasia 📡

Only in Southasia

This week, a couple in Bengaluru got themselves into a spot of trouble after they had posted photos of themselves in their apartment garden on social media. Unfortunately, sharp-eyed followers spotted that the couple was growing marijuana in two of the pots, turning them into police. When the police raided the flat, the couple denied any wrongdoing, only to be outed by their own social media posts - even though they had tossed the offending plants in the dustbin. The story drew amused reactions - and more than a few puns.

@AryanTrivedi_7

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From the archive

India's bulldozer justice hits financial independence of Muslim women (August 2022)

As India’s Supreme Court has banned using demolition as a tool of punishment, our video story from Asma Hafiz and Kamran Yousuf from 2022 is worth a rewatch. Asma and Kamran explored the impact of ‘anti-encroachment’ drives on Muslim women’s livelihoods, reporting on the demolition of shops, homes and a mosque in the Jahangirpuri area of Delhi in April 2022, which went ahead despite a stay order from the Supreme Court of India.

Raisa Wickrematunge

Raisa Wickrematunge is a Senior Editor at Himal Southasian.

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