Understanding the Dilemma of Enforced Disappearances and Arbitrary Detentions in Pakistan: A Critical Study of the Legal Framework and National Security Justifications

Authors

  • Humail Zainab Advocate High Courts Pakistan
  • Muhammad Umar Lecturer, College of Law, University of Sargodha
  • Hassan Zaman LL. M Scholar, University of the Punjab

Abstract

Enforced disappearance of a person refers to the unlawful detention of a person by state authorities for unspecified time in which the whereabouts of the person are unknown. Such unlawful arrest and detention violates the constitutional guarantees regarding arrest and detention under Article 10 of Constitution of Islamic Republic of Pakistan, 1973. It also violates the right to a fair trial under Article 10-A of Constitutional of Islamic Republic of Pakistan, 1973. The Current paper critically analyzes the Legislative framework of Pakistan with respect to the arrest and detention, including the preventive detention laws and highlights the gaps in legislative and judicial framework that fail to prevent enforced disappearances. The study adopts Qualitative and doctrinal legal research design. The paper concludes that there are various loop-holes in the current Legislative framework which pave a way for the enforced disappearances in Pakistan.  The study is imperative in Pakistani context as it provides recommendations aimed at law makers to devise and implement comprehensive legal reforms.

Keywords: Arrest, Detention, Enforced Disappearance, Human Rights, Fair-Trial

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Published

2025-07-22

How to Cite

Humail Zainab, Muhammad Umar, & Hassan Zaman. (2025). Understanding the Dilemma of Enforced Disappearances and Arbitrary Detentions in Pakistan: A Critical Study of the Legal Framework and National Security Justifications. `, 4(01), 1262–1272. Retrieved from https://assajournal.com/index.php/36/article/view/621

Issue

Vol. 4 No. 01 (2025): Advance Social Science Archive Journal

Section

Articles