Articles
Minorities in Pakistan
Syeda Fatima Batool, Advocate High Court, holds an LLM from the University of London with a specialization in Law and Development and an MA in Political Science from the University of Punjab. Moreover, she also holds a Post Graduate Diploma in Child Rights and Youth Justice and a Post Graduate Certificate in Women’s Rights from the University of London.
She is also a member of the visiting faculty at the Pakistan Administrative Services Academy (PAS) and the Civil Services Academy (CSA) having more than 2 decades of law teaching at various law institutions.
syedafatimabatool4@gmail.com
11th August is marked as the National Day of Minorities. It is our need of the hour as a country to achieve this very harmonious wave within our state, legal frame-work and social fabric of society. In many various dimensions we may seek guidance from Shariah. If we open heartedly perceive, it is very clear within the Holy Quran, Al Baqra verse 256 that “there is no compulsion in Religion”. Further another mentioning in Sura Kaafiroon “You have your way, and I have my way.”
Alongside we find a constitutional regime of a state promise of protection under the tax called Jizyah incorporated in Sura Tawba verse 29. In Sunnah we find different cases where the Holy Prophet Peace Be Upon Him showed exemplary behaviors towards non-Muslims in each and all respects as for instance at the time of Misak-e-Madina, special provisions from in article 30 to 40 of said Document “for protection of minorities “were added specifically making this document first ever Written Constitutional Document in Islamic and world history. The Messenger of Allah (pbuh) attached the highest importance to protecting the life, honour and wealth of all people. Mentioning the life and wealth of people sacred like Kaa’ba he stopped the ongoing bloodshed forever. Abdullah Ibn Abbas (RA) narrated that Allah’s Messenger (pbuh) delivered a sermon on the Day of Nahr, and asked, “ ‘O people! (Tell me) what is the day today?’ The people replied, ‘It is the forbidden (sacred) day.’ He asked again, ‘What town is this?’ They replied, ‘It is the forbidden (Sacred) town.’ He asked, ‘Which month is this?’ They replied, ‘It is the forbidden (Sacred) month.’ He said, ‘No doubt! Your blood, your properties, and your honour are sacred to one another like the sanctity of this day of yours, in this (sacred) town (Makkah) of yours, in this month of yours.’” (Sahih Bukhari).
In Pakistan, the protection of minority rights has been a subject of significant discussion and concern. The Constitution of Pakistan provides some safeguards for minority communities, but the extent and effectiveness of these protections can and does vary. A very strong legal incorporation within the constitutional domain is awaited in its enforcement in its true letter and spirit as it says in the Preamble to Constitution of Pakistan 1973 “Wherein adequate provision shall be made for the minorities freely to profess and practice their religions and develop their cultures.”
A significant reference of Mr. Ardeshir Cowasjee’s article ‘The sole Statesman’ published in Dawn in July of 2000 makes an interesting and honest observation of discrepancy with regard to the word “freely” between the original Objectives Resolution and the Annex inserted into the Constitution by P. O. 14 of 1985. The word “freely”, which appears in the original Resolution now Preamble, was missing from the clause: “Wherein adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures;”. This has now been corrected by the Constitution (Eighteenth Amendment) Act, 2010 leaving 25 years with a question mark on history of Pakistan.
Furthermore, in guaranteeing fundamental rights Article 20 promises freedom to profess religion and to manage religious institutions. Going further it provides safeguarding against taxation for purposes of any particular religion under Article 21. Concept of protection is clearly manifested even under Article 22, safeguarding educational institutions with respect to any kind of coercion in respect of religion. Article 25 guarantees equality before the law and equal protection of the law. Through Article 36, the state has been made responsible to safeguard the legitimate rights and interests of the minority communities.
Let’s figure out steps taken in furtherance of guarantees promised by the Constitutional regime, to evaluate the challenges and facilities so far. Here we see an historical milestone achievement for Sikh community in the shape of Passage of first ever Sikh Marriage Act which surely is an iconic example. As mentioned in The Bramptonguardian.com on August 6, 2008 “The organization, International Punjabi Foundation, last weekend feted visiting Shariah Court judge Syed Afzal Haider, who has just managed to get Sikh marriages recognized in Pakistan – the world’s first country to give legal status to Sikh marriages. Haider was Pakistan’s federal law minister when he piloted the Anand Keraj Marriage Act into law. Later this law formulated its final stage in the shape of the Sikh Marriage Act 2024 as manifested by Minister for Minorities Affairs, Mr.Ramesh Singh Arora, who briefed the cabinet that Punjab had become the first province in the world to implement the Sikh Marriage Act and resultingly Sikhs from other provinces and countries could come to Punjab for registration of their marriage. Further referring to the passage by the President of Pakistan who has signed into law “the Christian Marriage (Amendment) Act 2024”, during a special ceremony, held at Aiwan-e-Sadr. The Act provides for raising the marriageable age for Christian men and women to eighteen years. HINDU MARRIAGE ACT, 2017 is a step further in where law paves the way for regulations on the registration of marriages and divorce for Hindus, and fixes the minimum marrying age for males and females at 18 years old. This Act aims to provide for the solemnization of marriages by Hindu families and for matters ancillary and incidental thereto and advancement towards the constitutional obligation that the state shall protect the marriage, the family, the mother and the child and also safeguard the legitimate, rights and interests of minorities.
Challenges and Concerns of today ! Concerns of religious minorities are exacerbated by minimal or zero representation of these communities in key public institutions. The Constitution of Pakistan guarantees fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, “subject to the law and public morality” to its citizens. Pakistan is a country and realistically an amalgamation of various cultures, ethnicities, languages, religions, sects and sub-sects. It was created on the principles of a democratic nation, which would ensure that, “everyone has the right to take part in the government of his country, directly or indirectly or through freely chosen representatives as ensured and reinforced under Universal Declaration of Human Rights, Article 21 (1). Ninety- five percent of Pakistan’s population is Muslim while the remaining 5% is comprised of Hindus, Christians, Parsis, Ahmadis and a few other denominations. Having a look into workforce participation as women, it’s disappointing that only two percent of minority women work variably as teachers, doctors, nurses, professors or in an office, evidencing their economic marginalization both in formal and informal work.
Looking back on 11th of August, 1948, the Presidential Address to the constituent Assembly of Pakistan by father of Nation; Quaid-e-Azam Mohammad Ali Jinnah, where we conceive, understand , perceive and absorb the following;
“You are free; you are free to go to your temples, you are free to go to your mosques or any other places of worship in this state of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of the State. You will find that in the course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the state”.(11-08-1947).
In Pakistan, the protection of minority rights has been a subject of significant discussion and concern. The Constitution of Pakistan provides some safeguards for minority communities, but the extent and effectiveness of these protections can and does vary. Earnest addressal and redressal is the need of time today if we need to create and witness a harmonious and peaceful societal thread and ethnic fabric within our dear country, Pakistan. Implementation and enforcement of the Constitution of Pakistan shall be in its true Letters and Spirit. This can be done through initiatives ranging from constitutional, legal, political, and educational reforms, to affirmative initiatives to eliminate discrimination and inequality in society.
From violent attacks like this to social exclusion and harassment, in Pakistan minority-religion members face discrimination daily. This causes socio-political and economic exclusion, and severe marginalization in all aspects of life. The international community must make more concrete efforts to support the cause. Here notable reference is worth mentioning of the National Commission of Human Rights Report July 2024 emphasizing on need to ensure fairness and transparency in the implementation of minority quotas within employment. To this end, the NCHR advises the Government of Pakistan to empower the National Commission for Minorities to monitor compliance with both; the minority employment quota and the hiring policy regarding non-Muslims introduced within federal and provincial governments. Further, it is advised that special attention be given to empowering women within minority classes to ensure that they have access to employment as well without any discrimination. Specialized police units trained to deal with minority violence are established although a step towards it is evident in the form of Meesaq Centres. Meesaq Centres have been established in all the districts of the province. IG Dr Usman Anwar said that for the protection of the rights of minorities, and the promotion of inter-faith harmony, the Meesaq Centres have been activated in every district and sub-divisions with the majority of minorities. Despite the existence of legislation in Pakistan aimed at safeguarding minority groups, there exists a discrepancy between the intended impact of the law and its practical enforcement. The major reason cited for the lack of execution is the “inadequate education and lack of sensitized special training and behavioral approaches provided to key stakeholders in the field of law enforcement, specifically those who serve as police officers” which is the challenge for Law enforcement institutions today.
Challenges and Concerns of today are much more! Lack of access to advanced education and vocational training and discrimination against non-Muslim students in Pakistani educational institutions is a common widespread issue. Students from minority groups are often subjected to physical, emotional, and psychological abuse, including harassment, bullying, assault, and forced conversions. It is often reported that teachers overlook, disregard, or even contribute to this discrimination. In some urban areas, to the extent of Muslim students are forbidden from using the same bathrooms or drinking from the same water sources as Muslim students. It is an eye-opening fact that religious minority groups such as Christians are over-represented in Pakistan’s slum settlements, though they are not exclusively inhabited by these minorities.
The absence of possession and property titles signifies that the inhabitants are incapable of having credits/loans from banks or monetary establishments to better their livelihoods.
Frequently, there is a lack of educational institutions and healthcare facilities within or proximate to settlements, and the government does not supply essential amenities. The economy and cities of Pakistan will be significantly enhanced with the advent of safer, aesthetically pleasing, and more productive residential areas for minorities, as this will enable a substantial influx of individuals to join the workforce formal and informal both. Needless to say in crux that minority groups in Pakistan are deprived of several privileges that are the entitlements and eligibilities to the majority population. Consequently, the task of safeguarding the rights of minority groups in Pakistan is challenging and complex. Civil society and non-governmental organizations, along with minority groups, play a critical and fundamental role in furthering and promoting the goal aiming towards the protection of minority rights and their practical and effective implementation at the state level as it is incumbent upon us to respect mankind as it’s a clear direction by Allah Almighty under Surah Isra verse 70 “Indeed, We have dignified the children of Adam”
