Reluctance In Taking Remedies From Courts In Pakistan

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Dr, Nausheen Fatima Jaffery
Aliya Saeed
Dr. Ghulam Dastagir

Abstract

The article describes the complexities existing in the judicial system of Pakistan which are obstacles in the way of pursuit of justice in this regard, the realities have been tried to be disclosed. Of course, the realities associated with the issue are troublesome. Sometimes, these realities are accepted at responsible forum but maintaining smooth system needs more research with practical initiatives. As, the opposite of poverty is not wealth it’s justice. The pursuit of justice is the basic right of an individual irrespective of all discriminations because in tackling the problems exist, we must not forget the importance of justice in the society. It is presumed that wealth can mend every problem of life but the truth is that the justice is irreplaceable. An accessible, affordable and effective judicial system supports the human life and its absence creates intricated circumstances in the social set up. According to the ‘World Justice Projects Rule of Law 2021 Report, ‘Pakistan ranks 130th out of 139countries. This index is a major office, nations commitment to the rule of law which is asserted by considering several factors. The presumptions regarding the justice in the country can be presumed pleasant but the realities are harder although, it is tried to be presented that the western institutions reports are propaganda tool against the state.  It has already been mentioned earlier that the realities are miserable regarding seeking judicial remedies in the country even though access to swift and cheap justice is a fundamental right of every citizen.Through this research article the harsh realities and false presumptions are tried to bring into notice. The obstacles in the way of pursuing justice lowers the morale of seeker as well as it has also been observed that seeker approaches towards unlawful means to take revenge that obviously leads to crimes while under constitution 1973 efficient justice is most significant to democracy, governance, security and economic growth. But the situation presents harsh realities which exhaust people and it is being presuming that the struggle in courts is fruitless hence people are reluctant to avail court remedies such believe, is also strengthening day by day that outside court mukmukaa is better than seeking court remedy. Additionally, the proverb “might is right” seems to have proven true as the stronger class of the society appears to be enriched with high standards of justice as compared to the weaker in fact, the difference in punishment and punishment between stronger and weaker has caused irreparable lose to the society.

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How to Cite
Jaffery, D. N. F., Saeed, A., & Dastagir, D. G. (2023). Reluctance In Taking Remedies From Courts In Pakistan. JOURNAL OF LAW, SOCIAL AND MANAGEMENT SCIENCES, 2(2), 176–181. Retrieved from https://jlsms.org/index.php/jlsms/article/view/41
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Articles
Author Biography

Dr, Nausheen Fatima Jaffery, Visiting Faculty Member School Of Law University Of Karachi