A Positivist Constitution?

Is the Constitution of Pakistan Positivist in nature, or is it Naturalistic?

It is easy to say it is Naturalistic right off the bat: the Constitution begins by vesting the sovereignty of not just this country, but that of the entire universe in Allah.

The first sentence of the Preamble to the Pakistani Constitution reads:

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust;

If the above words are to be taken literally, then Pakistan is not a sovereign state, but is rather a trust; this is no doubt a legal absurdity. Pakistan is. in fact, a sovereign country, where a Parliament makes laws.

Pakistan is an Islamic Republic: the term is a unique one.
A Republic is a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch – a sovereign state in its own right.
An Islamic Republic however is a republican government which is governed on the basis of the Laws of Islam.

The Constitution, in its Principles of Policy makes Naturalistic references. Article 37, for example discusses eradication of evil as a state policy, which, is open to Naturalistic interpretations.

Are these sufficient to consider the Constitution as Naturalistic?

I would argue that the Constitution of Pakistan is Positivist.

Pakistan is a sovereign state, with a Parliament that enacted its Constitution, and which can make laws within the limits it set upon itself through the Constitution. Pakistan is an Islamic Republic because the Constitution says so.

The Parliament has unlimited power to amend and modify the Constitution, via the mechanism it has developed in the Constitution. This is reaffirmed by Articles 239 (5) and (6), which state:

Article 239 Constitution Amendment Bill

(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever.

(6) For the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (Parliament) to amend any of the provisions of the Constitution.

The Constitution makes it abundantly clear that the there is no limitation whatsoever upon the Parliament to amend any portions of the Constitution; no court shall entertain any question regarding the validity of any amendments to the Constitution.

The Parliament can, at least in theory, repeal provisions that make the Constitution look Naturalistic.

 Above all, I would argue, the Constitution, created by an Assembly of the elected representatives and can be modified by the Parliament, in itself is a positive law, therefore it not just is Positivist, but should be interpreted this way too.

Does Right to Life include a Right to End Life?

As part of my LLB, I wrote a research essay on Suicide and Assisted Suicide.

The research essay was titled “Does Right to Life include a Right to End Life? Legal challenges to suicide and assisted suicide.”

In the essay I explored the Right to Life, protected by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. In the analysis of this right, I explored its content: whether it entails a right not to be arbitrarily deprived of life or does it ensure complete autonomy over one’s life and the choice to end it.

I explored suicide, and its history as criminal offence.

I moved on to consider the plea of “Protection of Cruel, Inhumane or Degrading Treatment or Punishment” raised by people seeking to end their life.

Next, I considered the current laws of the United Kingdom and India, and also the Dutch law that in limited circumstances permits assisted suicide.

Then I discussed the interests of the state in preventing suicide, discussing the rationale behind the need of the state in preventing suicide, and providing a good standard of life for its citizens.

Finally, I drew a conclusion from the entire research.

The original essay was much longer, however I had to remove certain parts and condense other parts to stay close to the recommended length of 2,500 words; even the final draft exceeded the word count by almost a 1,000 words. All the references were added in-line with footnotes and a bibliography in the end. Contributing to Wikipedia over the years gave me a great habit of adding in-line citations, which proved to be immensely helpful in writing the essay.


Read the Research Essay Does Right to Life include a Right to End Life? Legal challenges to suicide and assisted suicide on Academia.edu >>

The United Nations System for the Protection and Enforcement of Human Rights

International Protection of Human Rights

On 25th February 2016, I gave my Law Skills Portfolio presentation on the topic The United Nations System for the Protection and Enforcement of Human Rights.

The presentation was is part of the Law Skills Portfolio which is a mandatory requirement for QLD for my Bachelors of Law degree from the University of London. I chose this topic from the study of my elective course of International Protection of Human Rights (IPHR).

The United Nations System for Protection of Human RightsI have uploaded the slides for the presentation on Academia.edu. The Original slideshow is linked here, however, the background of the slides was made black and the text was made white in order to comply with the regulations. The notes for my talk are embedded in the slides. The regulations required me to keep the presentation restricted to 10 minutes.


View the Presentation on The United Nations System for the Protection and Enforcement of Human Rights on Academia.edu >>

An Open Letter to Imran Khan

Dear Mr. Khan

You rallied for change just a year ago in the 2013 General Elections. Your party bagged 7.7 million votes in the General Elections, which set your party as the 2nd most popular party based on the number of votes it received.

Your call for change came at a time when the Election Commission, and the returning officers were screening potential candidates, and many were disqualified on the grounds that they evaded and did not pay taxes, and utility bills. 7.7 million Pakistanis pinned their hopes to your call for a change.

Unfortunately, this change seemed to be just another election buff. After the elections your party rejected the results, protested, and made government in Khyber Pakhtunkhwa.

I would like commend your party’s policies on improving the educational infrastructure and the quality of education in Khyber Pakhtunkhwa. Credit should be given where it is due.

However, your attitude and actions have shown that you too, sir, are one of those elites who bend the law and Constitution to use it to their advantage. You and your party is not respecting the mandate given to your political opponents; you have shown yourself to be no better than those who were totally rejected by the electorate.

You had made a promise of holding local government elections in Khyber Pakhtunkhwa within three months. It has been over a year now, and your promise has been just mere words. Is this call for Change just as another hollow promise?

IK in Azadi MarchThe Azadi March which you and your party came up with had dubious goals initially, and later on you settled upon asking a democratically elected Prime Minister to resign, threatening civil disobedience and public disorder. This is clearly against the law, and the Constitution. This, as defined by Article 63(1)(g) of the Constitution, is a ground for disqualification for members of the Parliament.

While protesting peacefully and without arms is a fundamental right of assembly under Article 16 of Constitution, this does not cover attempts to overthrow a democratically elected government, which may be classified as treason. Your actions not just undermine the rule of law, but also violate the laws of our country, and our Constitution.

So, at this point, sir, I am left with some questions unanswered:

  1. Would the PTI government in Khyber Pakhtunkhwa promote civil disobedience and non-payment of utility bills and taxes as a Government policy?
  2. Would the PTI government in Khyber Pakhtunkhwa not collect GST and other provincial taxes, or would it be hypocritical at this point?
  3. What difference, if any, remains between yourself and your party’s lawmakers who would not pay taxes and utility bills and those prospective candidates who were rejected by the returning officers for evading taxes and for non-payment of utility bills?
  4. If this civil disobedience and public disorder initiated by your party leads to disqualification of PTI lawmakers, including yourself, under Article 63(1)(g) of the Constitution, would you still blame it on this democratic government?
  5. Would you still blame the Punjab police for public disorder in the Capital which would undoubtedly result in PTI’s march towards the Red Zone?

The election reforms you seek are a welcomed change. However this change should come from your elected position in Parliament as a lawmaker and not from a show of force of your street power while laying a siege to the Parliament.

Yours sincerely


Karachi, Pakistan

Are we too risk-conscious these days?

“I have this brilliant new idea! I believe it could change the way we live our lives, revolutionize the order of the society, make lives better!” popped a thought in my mind, “This just wouldn’t make lives better, people would be happier! This might be it! I could be famous, and probably rich! I will be respectable, honored all around the world! But it’s the good my idea will do for the world, for humanity that fascinates me more” We all might have had a similar thought to the one I had, but it was the fear of failure and embarrassment that probably kept us away from bringing it to reality, fulfilling our wishes, desires, dreams… Well with every great idea, there’s always that risk of failure associated.

It-Wont-Work-OutI have a friend, he really crushed on a girl, but feared approaching her, talking to her, expressing that to her… He was not shy, no, not at all, he just feared the risk of rejection. Another friend wished to be a member of the school’s student council, but the fear of the risk of rejection kept her away from applying for the post. “I just get too depressed,” she said, “if I am ever rejected.” She had given up, accepted defeat even before trying.

Successful are those people who had a vision or a dream, overlooked the risk of failure and strived on towards their goal and achieved it. We are indeed too risk conscious these days. It is probably a natural instinct, a defense mechanism that keeps us from things our subconscious mind presumes may be harmful for us; anything out of the ordinary. Steve Jobs, the co-founder of Apple Inc., founded the company is his parents’ garage. Years later he was fired from the company he created, but started NeXT, another computer company, because he just loved what he did, he had a passion for his work; the risk of failure that people fear was a bitter reality for him, yet he started fresh and eventually got back into and took Apple to the heights he had aimed for. He took risks, big risks, but in the end, it was all worth it.

Steve Jobs commented on this in his famous speech at the commencement at Stanford University, when he stated about getting fired from Apple:

“The heaviness of being successful was replaced by the lightness of being a beginner again, less sure about everything. It freed me to enter one of the most creative periods of my life.”

Assessing the risks before we do something grand is a really good and helpful idea. It gives us an insight into what might be at stake. But is the fear of the associated risks keeping us behind?

Children often say any and everything that comes to their minds, they never hesitate; they would ask questions or pass comments that might otherwise be considered inappropriate, indecent, improper, or even blasphemous by an adult. But does that bring about any harm to that child? No! Well, even I used to ask radical, spontaneous questions as a child, and adults sometimes had a hard time answering them, or choosing the right words to answer them in an appropriate manner. Children do this because they do not associate any risk of embarrassment, risk of being stereotyped, risk of being labeled by the society. That, probably, is one of the reason why children are able to get things done the way they want.

Dare-to-FailBeing risk conscious may be a good thing at times; before investing in something new, a business conducts adequate market research. That is really essential to take ‘calculated risks’, and is beneficial to the business in the long run. Here, being risk-conscious is a good idea, for putting a lot of money at stake might not be so fascinating to the stake holders, employees and for the market at large.

It is a reality, the world today is quite risk conscious, but is this new to our times, or is it something that has been coming along from generation to generation?

Turning the pages of history text books, we do see examples of warriors and kings sometimes taking rash decisions, not taking into account any risk associated with their actions, and we see that sometimes action or inaction was based purely on the risk associated to the contrary. It has been observed that being risk conscious has had affected many of history’s important decisions, but is not the current generation’s risk consciousness just too exaggerated? Are we too risk-conscious these days?

At the level of the technological development of this era, risk calculation can also be a computable task, but that’s not what has made risk consciousness so exaggerated in the modern times, it is probably the fast paced life. We are indeed too risk conscious, but is if for the good or for the bad, that depends on how we make use of the risks we assume or calculate.

As Bill Cosby rightly said,

“In order to succeed, your desire for success should be greater than your fear of failure.”


I have had written this essay for my entry into the Commonwealth Essay Competition. The topic of the essay was the 5th amongst the topics of the senior category. I choose this topic amongst the 5 because of its relevancy to the modern times, and for this very reason I have published it here.

St. Michael’s Inter School Science Competition 2013

St. Michael's Inter School Science Competition 2013 Logo
St. Michael’s Inter School Science Competition 2013

On 12th March 2013, St. Michael’s Convent School held its 2nd Annual St. Michael’s Inter School Science Competition.. This competition was started last year by Mr. Javed Khan, our A Levels Biology teacher. This event aims to create an awareness and interest in the A Levels Biology students about the latest research and development in the fields of medicine and biotechnology. It is indeed a perfect example of learning outside the boundaries of the class room.

The event started off a little later than planned; the opening ceremony featured the National Anthem and our School Song, followed by a recitation of the Holy Qur’an and a reading from the Holy Bible. This was followed by speeches by our Deputy Principal Mrs. Seema Naiyer and Mr. Javed Khan. This was followed by a toss to determine the order of the two rounds. The distinguished judges of the event were: Dr. Manzoor Ali Memon, Dr. Ruhina Hassan and Dr. Nisar Ali Shah.

This year, 4 teams competed in two rounds: Beaconhouse Team Proposition competed against St. Michael’s Team Opposition in the first round, and for the second round, St. Michael’s Team Proposition went against Beaconhouse Team Opposition.

The competition started off with a presentation by the first team, Beaconhouse Team Proposition, followed by a presentation by St. Michael’s Team Opposition which concluded round one of the day. After the short break, we, St. Michael’s Team Proposition opened round two, and were followed by Beaconhouse Team Opposition,

At the end of the day, after a critique over the debates and presentations by Dr. Nisar Ali Shah, the results were announced; they were as following:

  • In the first round: Beaconhouse Team Proposition beat St. Michael’s Team Opposition; and
  • In the second round: St. Michael’s Team Proposition beat Beaconhouse Team Opposition.

The results were announced in the closing ceremony, by Mr. Kevin Lobo, and the shields and medals were awarded to the participants by our respected judges.

Being one of the organizers of the event, and the leading member of the winning team: St. Michael’s Team Proposition, and lifting the trophy while wearing the gold medal at the end of the phenomenal event; I must say, it was a really proud and eventful day for me.

I would especially like to thank our Principal Mr. Peter Misquita, our Deputy Principal Mrs. Seema Naiyer Mr. Javed Khan, Mr. Kevin Lobo, Mr. Irfan Sheikh, our respected judges and the students who helped us all along to make this event a huge success. Last, but not the least, I would like to commend the efforts of all the participants; their efforts were instrumental in this phenomenal success.

Ahmer Jamil Khan

An Assessment of Pakistan’s Human Rights Record

Coat of Arms of Government of the Islamic Republic of Pakistan
Govt. of Pakistan

Ever since Pakistan became a sovereign state, the issue of human rights has been one of grave importance. The partition of India in the second half of 1947 saw one of the worst massacre, as thousands of individuals were slaughtered, made homeless, raped and abused in the process of migrating to the homeland of their choice. Governments on both sides of the newly drawn borders could not do much to prevent this; they were silent spectators to one of history’s most bloody moments.

Universal Declaration of Human Rights

In 1948, when the Universal Declaration of Human Rights was presented in the United Nations General Assembly; Pakistan was among the 48 states that voted for the adoption of the Declaration. The Universal Declaration of Human Rights passed that year with 48 votes in favor, no votes against it and 8 abstentions. The declaration became an integral part of Pakistan’s constitutions, all three of them, and still is an integral part of the fundamental rights enshrined in, and guaranteed and safeguarded by the current constitution.

Pakistan, however has seen much ups and downs in its political arena. The Constitution, when first suspended by the first coup d’état, saw unlawful arrests, exiling of influential political figures, and unreasonable restrictions being imposed upon the citizens, as the Martial Law administrator General Ayub Khan said that he believed in “Democracy with Discipline” (there wasn’t any democracy, just the innocent civilians being disciplined along military lines). During the era of Gen. Yahya Khan, when East Pakistan, now Bangladesh was fighting for its independence and dismemberment of Pakistan, the Pakistan Army committed severe human rights violations, which may be classified as atrocities and war crimes. The army massacred many professors scientists and doctors in the East, and was accused of rape and torturing prisoners to death.

Public  flogging in Pakistan during the Zia regime
Public flogging in Pakistan during the Zia regime – Human Rights Violation?

After Prime Minister Bhutto was ousted from office in another coup d’état, and General Zia-ul-Haq took over; the country saw its worst nightmare. The Constitution was ridiculously amended and new laws were promulgated in the process of ‘Islamization’. These new laws, aimed at legitimizing Zia regime, provided the administration far-reaching powers to suppress political activities. Public floggings became a common sight, political parties, trade unions, student unions, all were banned; those who dared to question Zia’s legitimacy or actions were tortured to death. The Hudood ordinances, provided for the punishments of victims of rape, and took away the rights of inheritance of women.

After Zia’s era, the Constitution was abrogated twice by Gen Musharraf, however this did not accompany large-scale human rights violation. Musharraf’s attempts to control the judiciary backfired, and the protests eventually lead to Musharraf leaving the country, and the presidency. The situation has improved greatly since. General elections were held in Pakistan in 2008, that saw the coming of a democratic government, which introduced the Constitution 18th Amendment act 2010, which reversed many of Zia-ul-Haq’s changes, and introduced articles, to safeguard the right of education and grant the right to a fair trial.

Islamabad Police beating up a protester
Police Brutality – quite common in Pakistan

Judiciary and the Election Commission in Pakistan are now fiercely independent; this means that the right to a fair trial and right to participate in the country’s government for all Pakistanis are now secure. Much has still to be done; prisoners are still being tortured in jails, child molestation is still taking place in underdeveloped urban areas of Pakistan, according to UNICEF reports.

Sindh Police beating a protester in Karachi
More Police Brutality – you just cannot stand up against injustice

Pakistan, although has a democratic government, there are still incidents of human rights violation by the government. The Pakistani constitution, for example, guarantees the right to freedom of expression, subject to “reasonable restrictions imposed by law in order to protect the glory of Islam…”. This provision is being used as a tool to impose censorship on media and access to Internet. YouTube, the world’s most popular video sharing platform is not in Pakistan, just because a few videos insult Islam. This action of censorship, in my humble opinion, is violation of an individual’s freedom of speech, expression, choice and right to information as granted by the universal declaration of human rights and the constitution of the Islamic Republic of Pakistan and law.

The government has also failed to protect the right of life of its citizens; many people fall victims to target killing and terrorism each day. There have been instances of the law-enforcement agencies doing just that: in June 2011 the paramilitary forces shot dead an individual in a public park accused of armed robbery.

Protesting against Human Rights Violation in Pakistan
The poster says it all – protesting against Human Rights Violation in Pakistan

The situation of human rights abuse is improving in Pakistan, ever since the democratic forces have come to run the country. Pakistan, however has still a long way to go, before it transforms itself from a security state to a welfare state, which safeguards all the rights of its citizens without any discrimination of any kind whatsoever.

Read more about this issue:

CBMUN 2013


Logo of CBMUNCBMUN was held from 8th to 10th February 2013. The event was organized by the Literary and Public Speaking Society (LPSS) of the Institute of Business Management (IoBM).

Logo of DISEC at CBMUN 2013It was my honor and privilege to be the Assistant Committee Director of the First Committee of the General Assembly, DISEC, at CBMUN! Those three days were among the most treasured times of my life. I would like to thank all the members of the secretariat, the organizing committee and the LPSS for their hard work and efforts in bringing this fabulous event to life. It was a treasured memory to be with all the delegates. Here, I’d like to once again congratulate the delegates of Israel, Argentina and China on winning the best delegate awards and the delegates of Mauritania, Russia and Mexico on winning their honorary mentions; it was a well deserved victory for them! I’d like to give a special thanks to our Committee Director Hassaan Zafar, our Co Committee Director Zehra Qureshi and our ACD Sana Ameen Jan for making these three days really great for me!

On a final note, I wish all my delegates the very best of luck in any and every endurance of their lives, and success be theirs!

Ahmer Jamil Khan
ACD of DISEC
CBMUN 2013

P.S. Here is the resolution our committee passed with a 2/3 majority:

PDF-Icon
Resolution – DISEC.pdf
Download – File size: 429 KB – Format: PDF

 

Confessions of a writoholic!

Extract from the Personal Diary of Ahmer Jamil Khan
An extract of the diary I write each.

No matter how much you love to write, there are times when you’re writing, or planning to write and you can’t think of something. Writing is an art of expression, just as speech is. Many people express themselves by their speech, some do that better by writing, but there are some unique cases that can express themselves to the fullest only after speaking what they’ve written; more like a prepared speech.

Some people write, because they have an inner urge to write or they might simply feel like writing; others do it because they have to, either because they’re a student and have to sit for a language exam and are writing on a given topic or a topic of their choice from the options given to them, or because they’re paid to do so, like writing a review, a how-to instruction, news, or any thing of that sorts. For the former, writing in fun, enjoyable and easy, for the latter, it may be either fun, enjoyable and easy or it may be a herculean task, burdened upon them which they must endure with patience.

I consider myself in the first category; I write a diary, a daily journal or log of what happened each day, my feelings, emotions, dreams, desires, wishes, feelings, any and everything that occurred to me whether no matter how pleasant or bitter it may be (I try to curtail and distort the bitter part however, for reasons to be discussed earlier on), I know no one is ever going to read my personal diary, not that any one may or may not be interested in reading, but because to read it they’d need an extraordinarily long password, and my fingerprints! Yes! My personal diary is encrypted in a manner similar to how the any intelligence agency may encrypt, secure and store information pertinent to global or national security. Well, honestly, there is nothing of that sort in my personal diary, really, but its just not that I cannot risk it getting into wrong hands and earning me some embarrassing moments; it is also encrypted so securely because, simply put, I can do it!

Why I write my diary? Well it is just so that I may, in my free time revisit the past joyous moments and re-live all the happiness in my life! Trust me it just works this way! Reading about what I wrote in the vacations on the chilly mountain peak besides the fast flowing river reminds me of the natural beauty, excites my senses and brings me back to those moments, to enjoy life’s most joyous moments once again! I’m a writoholic, addicted to writing! Apart form that I write a blog, you know, the one you’re reading right now!

So how do I come up with things to write? Well, to start off with, I must first confess, my best friend said that “I’m maturer than my age”, well I guess that’s why my thoughts and believes differ from those held by the majority in my age group. I believe in equality of every person, freedoms and fundamental rights, I’m a staunch believer of parliamentary democracy, equal justice under law and rule of law. Not the kind of believes and mindset of a typical 18 year old in Karachi, Pakistan, or perhaps around the world. I’m quite interested in scientific research, researches on human psychology, social interactions, physics, chemistry, biology, mathematics and so much more. Such thoughts, believes and interests inspire me to write about many things (which do not interest many of my age group).

Then why do I write? Just for the sake of it! Writing is my expression, just as speech is my expression!

How do I get inspired about writing?

Well here it goes:

  1. Daily occurrences: There’s so much happening around us all the time, so many arenas look around: sports, politics, celebrity news, gossip, new developments!
  2. Overheard dialog: If I’m anywhere public, whether it be at a park, bus, a waiting area or a mall or my school, sometimes I’ll eavesdrop on people. Not in a gross way or anything, but I’ll just keep quiet, and listen. I love hearing other people have conversations. Sometimes it doesn’t happen on purpose — you can’t help but overhear people sometimes. If you happen to overhear a snippet of interesting dialog, jot it down in your writing journal or on your smart phone (like me) as soon as possible. It can serve as a model or inspiration for later writing.
  3. Google: Stuck for ideas? The old standby, Google, has often helped me out. I’ll just search for the topic I’m writing about and find tons of great resources.
  4. Free writing: One of the best ways to get unstuck if you’re uninspired. Just start writing. Anything. It doesn’t matter. Don’t edit, don’t pause, don’t think. Just write and let it flow. You’ll end up with a lot of garbage, probably, but it’ll help you get out of your rut and you might just write some really good stuff among all that garbage.
  5. Brainstorms: Similar to free writing, but instead of writing prose you’re writing ideas. Just let them flow. Speed and quantity is more important than quality. Within this brainstorm of ideas, you’ll most likely find a few nuggets of greatness. One of my favorite ways to get ideas.
  6. Newspapers: The newspapers are a great resource. Not just news, you also get to read opinion of people, their views etc. I prefer the online version where people actually comment under each and every news article.
  7. Exercise: I get my best ideas most often while running. There’s something about the quietness, combined with the increased flow of blood through your brain, combined with being out in the fresh air with nature, that really stimulates the mind.
  8. Religion. Many of you aren’t religious (and many are) but it doesn’t matter much — the great religions in the world have ideas in them that are beautiful and inspiring. I’ve studied some of the writings of not only Islam, but Christianity, Judaism, Buddhism, Hinduism, Scientology, Raëlism and many cultures with a single god, multiple nature gods, or no gods at all, yes, I studied them all! I can’t say I’m an expert at any of these religions, but I can say that any time I’ve spent reading the ideas of religion have paid off for me in inspiration.

So what do you write about, if you do at all? Write about it in the comments below!

There’s a Special Place in Hell for Spammers!

Spammers will be shot on sight!A little while ago, I logged into my dashboard and found a whole lot of comments caught as spam by my anti-spam software.

This website being my personal blogging platform, doesn’t attract much unknown visitors, those who read my blog are actually people whom I know, or have known due them reading my blog regularly. A sudden burst of spam comments? What is going on? The backup of this website on WordPress.com attracts well over 300 spam comments every day, almost all caught by the anti-spam software there, but an even larger number here, and that too within a shorter time period!

So what really is spam?

Spam is the use of electronic messaging systems to send unsolicited bulk messages, especially advertising, indiscriminately. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuses in other media. Spamming remains economically viable because advertisers have no operating costs beyond the management of their mailing lists, and it is difficult to hold senders accountable for their mass mailings. Because the barrier to entry is so low, spammers are numerous, and the volume of unsolicited mail has become very high. In the year 2011, the estimated figure for spam messages was around seven trillion, the figure for this year (2012) is expected to be even higher. The costs, such as lost productivity and fraud, are borne by the public and by Internet service providers, which have been forced to add extra capacity to cope with the deluge. Spamming has been the subject of legislation in many jurisdictions. A person who creates electronic spam is called a spammer.

And where does this spam come from?

Well, it comes mainly from spammers. These spammers may be an automated bot (a computer program made for this purpose), a company/organization trying to publicize their product(s), themselves or for a financial gain, fraud or a cause (which may in some rare cases be simple and just) or individuals bent upon publicizing their business startup/blog that leads to advertising revenue.

Rank Country Spam vol. %
1 India 13.9
2 Russia 9.0
3 Vietnam 7.9
4 (tie) South Korea 6.0
4 (tie) Finland 6.0
6 China 4.7
7 Brazil 4.5
8 America 3.2

So what’s actually so wrong about spamming?

Spam can be used to spread computer viruses, trojan horses or other malicious software. The objective may be identity theft, or worse (e.g., advance fee fraud). Some spam attempts to capitalize on human greed whilst other attempts to use the victims’ inexperience with computer technology to trick them (e.g., phishing).

Apart from all that, spamming is a type of in-your-face advertisement, filling you e-mail/SMS inbox with useless, meaningless often fraudulent advertisement. This reduces productivity by take up space, both storage space, display space and bandwidth (data transfer space).

Some spam contents are also ethically objectionable and morally wrong. Most common spam these days is about winning lottery, being made a beneficiary by rich business tycoons about to die, discounted travel, cheap Viagra, fake medicines, pornography, online dating and get rich quick schemes.

Legal status

As mentioned earlier, spamming has been the subject of legislation in many jurisdictions. Many countries, states and territories, with the notable exception of Bulgaria, have illegalized spamming, making it a punishable criminal offence. For the state specific legislations see the Wikipedia article on E-mail spam legislation by country.

In Pakistan, it is prohibited under Section 14 (1) and (2) of the Prevention of Electronic Crimes Ordinance 2007. This law illegalizes and criminalizes spamming, and provides for a fine of up to PKR 50,000.00 (approximately 830 USD at the time the Ordinance was signed), and for repeat offenders a prison sentence of 3 months or a fine of PKR 50,000.00 or both. However I still see spam, lots of it, in almost all of my e-mail inbox and my SMS inbox.

Some questions that pop up in my mind:

  • Why do people comment on “nofollow” blogs? (i.e. blogs that prevent search engines from crawling to their links)
  • Why do people spam when they do realize that spam protecting software will bust their spams?
  • Why on Earth do they just do all this, I mean when they have better options for publicity!

What I’ve decided…

Some time back, I came across a statement on a blog that was somewhat like this: “There’s a special place in hell for spammers”. I am totally in favor and agreement of this statement. Spamming is illegal; breaking the law is like doing a sin, and sinners, figuratively speaking, go to hell, and actually speaking, law breakers go to jail.

I’ve now decided to make up a policy to combat spam, and would, like all other policies, enforce it strictly.

UPDATE: I’ve made up the Spam Policy!