Rights of Pakistan's religious minorities

Pakistan is a country of perfect contradictions. On paper we unequivocally commit to the rights of all citizens, to protecting freedoms and rights of minorities. Yet beyond the written words used only in some courtrooms and progressive circles, today’s Pakistan is far from what was envisioned by Muhammad Ali Jinnah, the country’s founder. 

Muslim majority areas were carved out of India to form Pakistan, where approximately 23 percent of the population consisted of religious minorities. Jinnah wanted a Muslim country that would be inclusive and tolerant for and towards all religions. His famous words that citizens of this country "may belong to any religion, caste or creed" and that it "has nothing to do with the business of the state" are widely understood as his actual belief in the idea of the country he envisioned.

Our constitution echoes Jinnah’s vision and fundamental rights enshrined in it include all citizens being equal and their dignity being sacrosanct, no citizen being above the law of the land and all citizens being protected from discrimination in “the service of Pakistan.” The constitution also lies down Principles of Policy, which require “each organ and authority of the State” to act in accordance with and observe them. Among the 10 principles, one is the protection of minorities, requiring the State to “safeguard the legitimate rights and interests of minorities.” The Universal Declaration of Human Rights and the Covenant on Civil and Political Rights, ratified by Pakistan, lay down the right to freedom of conscience and religion. Personal marriage laws for Hindu and Sikh communities have been enacted and criminal law now penalizes hate speech.

We have strayed very far from the foundation that was envisioned at the time of this country’s birth. Apart from a few brave politicians who raise their voices, there seems to be no political comprehension or policy that recognizes or tackles the absolute injustice and violence minorities face in Pakistan.

Benazir Jatoi

In reality, however, we barely fulfill the brief and in fact go against it regularly, violently and with impunity. In today’s Pakistan, religious minorities live in fear of discrimination and persecution by violent mobs, which are rarely held accountable. They often also face discrimination and unfair treatment by state institutions. Forced conversions of Hindu and Christian girls leaves families and communities insecure and in trauma, blasphemy accusations have silenced minority groups into submission, while outright discrimination in the job market has left minorities in economically unstable cycles of uncertainty and poverty. Currently, the religious minority population is unofficially estimated at about 4 percent.

A few recent incidents include one in Baloki near Lahore, where Christians were forced by the local Muslim community to remove crosses on a newly build church. In Islamabad, attempts have been made to stop the building of a Hindu temple — social media showed us images of adults and children hurling abuse and physically attempting to destroy the little structural work already up at the construction site. 

What has led to this unfortunate situation? Over the years Pakistan has gone through many political and social transformations, resulting in an intolerant, undemocratic and closed society. The most damaging was the 11-year rule of Gen. Zia-ul-Haq, who ensured that both Islam and intolerance were institutionalized in all areas of our lives, including in legal provisions and educational curriculum.

Institutionally, there are some glimmers of hope. There have also been some High and Supreme Court judgements that are progressive, taking into account due process and constitutional guarantees. 

The Sindh High Court recently decided that a minor convert to Islam can still live with her non-Muslim parents. The Lahore High Court has decided that children under 15 years lack the capacity to change their religion. Last year, the court also decided that a girl who was forced to convert be returned to her parents. Yet these judgements fail to establish a judicial precedent, particularly for lower courts. They also fail to act as a catalyst for societal change. 

Zia’s 'legacy' leaves us in an intertwined mess of hyperbolic nationalism and a fervent, rigid and violent religious belief as our national identity. We, as a country and society, are yet to reject this forced identity and then to deconstruct and rebuild a different narrative. This, among other things, directly affects religious minorities and ensures they remain in fear, forever grateful if something good happens and silent when it doesn’t. Presently, for all real purposes, minority rights are not unalienable but merely arbitrary — to be given at the benevolence of the Muslim majority if and when it pleases, and to be taken back as whimsically.

We have strayed very far from the foundation that was envisioned at the time of this country’s birth. Apart from a few brave politicians who raise their voices, there seems to be no political comprehension or policy that recognizes or tackles the absolute injustice and violence minorities face in Pakistan.

 In the meantime, we have left minorities feeling they must avoid conversation and our gaze, because rights and guarantees are limited to only a few exceptional cases that randomly make it to courts and meeting rooms.

-  Benazir Jatoi is a barrister, working in Islamabad, whose work focuses on women and minority rights. She is a regular contributor to the op-ed pages in various Pakistani newspapers.

Twitter: @BenazirJatoi