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Thursday, January 9, 2014

Why To Invite An Unconstitutional Solution?


As soon as MQM`s chief Altaf Hussain talked about the new province for Urban Sindh, there erupted a lava of severe critics against him. Most of the political parties, anchorpersons and the intellectuals not only altogether rejected his statement, but also considered it as a conspiracy against Pakistan. Not speaking of the Sindhi nationalists, but also the PPP`s chairman, Bilawal Bhutto Zardari gave a clear message to Altaf Hussain that he would sacrifice his life but would not give Sindh to “others“ (Marsoon Marsoon Sindh Na Deson). However, none of the critics has yet referred to any clause of the constitution or the prevailing laws that prohibit forming a new province in Sindh.
It was also very surprising to see opposition on this matter from the parties which had been politically supporting new provinces in the country including Hazara and South Punjab/Siraiki Provinces. Not only that, they had also made this a part of their manifestos. In this context, previous PPP government declared Gilgit Baltistan as a new provincial unit. Considering all this, how can forming a new province or administrative unit be opposed in Sindh? Although almost all the political as well as religious parties have rejected division of Sindh, none of them could explain why this was wrong? Whether it was against the Constitution of Pakistan, prevailing laws, Islamic principles or ethics??
The Articles 238 and 239 of the constitution of Pakistan allow formation of new provinces in the country. According to them, a bill would be presented in the provincial assembly of the concerned province which must be passed by 2/3rd majority. If so passed then the bill must also be passed by the two houses of the parliament by again 2/3rd majority. If passed, creation of the province would take place. In other words, there is no constitutional hindrance in forming new provinces in Pakistan.
Following the same, in September 2013, PTI submitted a resolution with the Khyber Pakhtunkhwa Assembly Secretariat asking the federal government to create Hazara province by making relevant amendment to the Constitution. The PTI`s resolution said, “Creation of Hazara province is the democratic, constitutional and political right of the people of Hazara” The draft resolution further stated, ‘Therefore, this assembly requests the federal government to add the word Hazara after Sindh; in Article 1 (2) (a) of the Constitution”.
This resolution clearly indicates two very important aspects: First, demanding a new province is the democratic, constitutional and political right of the people concerned and, for this purpose, necessary constitutional amendments can also be made. Secondly, a new province can be demanded also on the basis of ethnicity or language, because Hazara is an ethnically based community and its language and culture are different from the Pashtuns. Since Hazara community consider themselves different from the Pashtuns, they expressed their annoyance on naming NWFP as Khyber Pakhtunkhwa.    
Taking into account all these things, how can a new province be legally and logically opposed in any part of the country especially Sindh whether it is on administrative basis or ethnic grounds? Moreover, if the critics keep rejecting the possibility of a new province, will the people of Urban Sindh not ask why they do not the same democratic, constitutional and political right to demand a province for them like the people of Hazara?? Then, how will the opponents satisfy them? It also should be kept in mind that MQM and its leader has not demanded a separate province or division in Sindh yet. What Mr. Hussain has actually asked is to remove all the discriminatory laws and policies including the Quota system and to equally treat the people pertaining to all communities including the Urdu speaking. Frankly speaking, what MQM`s Quaid has demanded is also required by the Constitution of Pakistan. Then, why not to listen to his voice?
It is on record that the Muslims of the undivided India did not get Pakistan by physically defeating the non-Muslim majority and the British Empire. Rather, they got a separate piece of land for them under the leadership of Quaid-e-Azam Muhammad Ali Jinnah through a political and legal struggle. For instance, if the Hindu and the Sikh had decided to oppose the division of their country by terming it as their “Mata” (mother), or had they required All India Muslim League to prove the 2/3rd majority in the parliament, would the Muslims have got Pakistan in that case? The very important fact is, when the Hindus, Sikh and the British Empire somehow allowed the division of India for an entirely independent country for the Muslims, can the Pakistani Muslims not accommodate a new province or an administrative unit for their own Muslim brothers within the country? Did we set any good example in 1971 when our Bengali Muslims got independence from us after the historic bloodshed? Could their grievances not have been resolved on the table constitutionally?

All these facts relate to the division of Sindh. But, the fact is that division of Sindhi is not the actual demand from MQM. Preferably, Altaf Hussain has invited the relevant parties and the concerned authorities to sit on a table in order to remove the grievances of the Urdu speaking community. The question is, instead of pondering over it seriously, why is a positive option being disrespected? How strange it seems that on one hand, the critics are completely ignoring MQM`s invitation, and on the other hand, they are opposing any new province in Sindh? Is such a strategy not closing all the constitutionally possible doors to address the long pending issues? Will this not eventually pave the way for an unconstitutional solution to the matter? If such an unwanted scenario emerges, will any of the people concerned accept responsible for the disaster? May God save the country from such situation!  


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