Quaid e Azam’s policy speech on August 11, 1947 makes it evident that Pakistan’s constitution would guarantee that, one, all citizens would be equal, regardless of their belief, caste or creed; two, that all citizens would be guaranteed freedom to practice whatever religion they followed; and three, that all religious, sectarian, ethnic, linguistic and other similar distinctions would cease to matter in the political arena. However, unfortunately, many incidents like Shantinagar, Gojra and Joseph colony occurred, and the Quaid’s dream was never truly achieved.
It was this ‘Institutional failure’ of the executive branch that led to the ‘judicial activism’ and the spate of ‘suo motu’ verdicts that can be seen today. Fortunately for the minorities living in the country, at least someone has heard their cries for justice. The Supreme Court even had to force the government to provide compensation to the victims of the Peshawar church blast; a deplorable oversight that should shame the people in power.
The SC admitted as much during the court session, criticising the executive branch for failing to protect the rights of minorities, and not providing adequate security to their places of worship against hate mobs and other extremist groups. The honourable court also highlighted that the curriculum and educational policy pertaining to educational institutions needed to be amended, in order to promote harmony among people of different backgrounds, and to weed out hate content that has become a major obstacle to national integration. A special task force was also recommended, which would be tasked with the protection of religious minorities and their rights.
In another notable case, the Supreme Court directed NADRA to officially register the marriages within the Hindu community in Pakistan. The Honourable Court also took notice of the plight of Hindus in the country, and ordered the executive branch to ensure their freedom of worship, as well as to put a stop to the many cases of forced conversions.
In order to hear cases against human rights violations and minorities, the Chief Justice of Pakistan has set up two separate offices in Lahore. In one of their judgments, the honourable court ordered the federal government to establish a National Council to monitor these human rights cases and safeguard the rights of minorities enshrined in the 1973 constitution of Pakistan.
One historic case was regarding the popular Katas Raj Temple. The honourable court took notice against the cement factories that sucked up large quantities of ground water through a number of drilled wells in the area. This resulted in the reduction of subsoil water, and the subsequent destruction of the historic site.
One historic case was regarding the popular Katas Raj Temple. The honourable court took notice against the cement factories that sucked up large quantities of ground water through a number of drilled wells in the area. This resulted in the reduction of subsoil water, and the subsequent destruction of the historic site.
The recent visit of the Chief Justice to the slums of Islamabad also gave new hope to the residents of the minority communities living there, who were deprived of simple amenities like clean drinking water, electricity, gas and an effective sewerage system. The residents also complained about the unfair treatment of the Capital Development Authority (CDA) as well.
In another famous judgment, the Supreme Court ordered the use of the word ‘Masihi’ when referring to Christians in all official documents of the state, instead of the previously common term ‘Essai’.
In light of all the recent judgments of the honourable Supreme Court, the onus is now on the executive branch of the government to ensure the constitutional rights promised to the minority community in Pakistan, in the 1973 constitution. If they fail to deliver, then the honourable courts will have to continue their good work, which will have a detrimental impact on the reputation of the government amongst the marginalised segments in our society.
The writer is Assistant Professor, Department of Political Science, FC College University
Published in Daily Times, July 21st 2018.