In our country, regardless of the political system whether it’s a dictatorship or quasi democracy, laws are made by the powerful. In any form of political system the powerful who make, amend or change laws invariably come from the same class background. Faces may change but the interests they must protect and safeguard have permanence. Hence the popular cry; change the system, not the faces. It’s not that the system doesn’t change. It does change but to the advantage of the powerful. It changes to prevent the change, to perpetuate the core interests of the existing system with new or amended laws.

New laws or changes to the existing laws are proposed by a select few who may be described as the insiders who remain elusive, almost invisible to the public. Those who give a nod are supposed to have a semblance of public representation but they actually represent elite interests as is shown by their indifference to the new laws or changes to the existing ones. They would never critically debate the nature or implications of laws in the parliament or public forums because of the assurance that whatever law is proposed would always be aligned with the requirements of their class-based system.

A classic example comes from our own history. Malik Feroz Khan Noon was the chief minister of Punjab in the 1950s. A bill was presented in the Punjab Legislative Assembly for approval by show of hands. A member from the chief minister’s area was enjoying a nap during the session. A colleague sitting next poked him with his elbow and asked him to raise his hand. The man responded in a groggy voice: “Malik Feroz da huth khala a (Has Malik Feroz raised his hand?)” “Yes,” said his colleague. “Vatt meray dovein huth khlay ne (Then I raise both of my hands),” he muttered without opening his eyes.

So the legislation is done without debate in the belief that decision makers behind the scenes know the best and would do the best. The supposition is not baseless as interests of the system are safeguarded and promoted by those who are entrusted with the task of running the system by manipulating its inner workings. Additionally, our elite, predatory in its nature, has a unique feature; disregard for laws which it makes for regulating the state and society. At best it circumvents the laws and at worst it openly flouts them with impunity. And this happens in all fields of activities. Our state, for example, is groaning under the debt burden – a story of foolish borrowing and corruption-ridden wasteful spending – but the rich refuse to pay their taxes, forcing the state run by them to borrow more on stricter conditions.

Even the laws and regulations which are somewhat objective and meant for the safety of all are flouted at will. Vehicular traffic offers a good case study. One can see the most expensive vehicles plying on our roads without getting registered with the relevant departments. Their number plates read; applied for registration. Our traffic police never dare stop them as the owners are well-connected, which means they belong to an ultra-privileged stratum of population that is beyond the long arm of the law. Ones who make law can break the law. That’s the norm.

Violation of law that started from above has percolated to the lowest level; it’s now a common practice. Bikers, a part of lower middle and working classes, and Qingqi (a weird mechanical contraption) rickshaw drivers especially flout traffic laws without an iota of fear. If caught, a small amount of bribe can do the trick; the bribe is happily offered and accepted. Much like the luxury vehicles, these rickshaws putter without displaying their registration plates. Qingqi can kill a person in case of an accident and run away. Tracing it would be almost impossible. Nobody can tell it from others. A 100CC old motorcycle meant for two persons when converted into a three-wheeler rickshaw is used to carry six to eight people emitting excessive petrol fumes coupled with an unsettling noise. Qingqi’s cousin, called loader in common parlance, meant to transport small amounts of loads, has no registration at all. Traffic police know the situation but take no action. The reason, people allege, is ‘monthly’ (the bribe the traffic police get every month).

We have all the laws in the book but on the ground the situation is quite different. The more the laws the less observance. The malady can be traced to its historical origins. It’s only in the colonial period that the concept of law, the concept of rule of law, to be precise, was introduced. In a pre-modern kingly/feudal state the ruler’s word was the law. Thus it was an epitome of coercive force coming from an oppressive authority. Given half a chance the law wasn’t shown the respect it deserved. Under colonial occupation, the law enacted was usually applied equally but it had an inbuilt fault; it was made solely to the advantage of the occupying force. So breaking it whenever possible was rightly a matter of pride. Our new state came into being in the wake of the Partition of India accompanied by complete lawlessness which manifested itself in the forms of communal massacre, ethnic cleansing and mass rape and plunder in 1947. This free-for-all led to the rise of new elite that got hold of the huge urban and agricultural properties vacated by the fleeing Hindu businessmen and Sikh landlords. And this was done by flouting or circumventing the laws. Thus violation of law became a tool that enriched and empowered those who could afford to use it in connivance with the state machinery. State officials with immense power to make and unmake themselves became part of the new super rich.

In a nutshell, if the elite consistently indulge in lawlessness, they have to allow the other classes a measure of freedom to do the same. The lawlessness we are forced to live with is a product of our historically formed habit. A sustained fight is needed to overcome the formidable force of habit. Sermons will not do, nor a patchwork of cosmetic measures. soofi01@hotmail.com

Published in Dawn, December 16th, 2024