Special law needed to stop forced conversions

Author: Salman Ali

The forced conversion problem is not new in Pakistan. It is estimated that up to 1,000 women and children from religious minorities are abducted, forcibly converted and then married off to their abductors every year.

In Sindh, where the situation appears to be the worst, the incidents are increasingly visible. However, no concrete measures have been taken in this regard by the political arm of the government, the lawmakers or the law enforcement.

Most of the victims, or alleged victims, are Hindu and Christian women and girls. Most of their tormentors, or alleged tormentors, are Muslim neighbours. Forced conversions have been reported from Jacobabad, Tharparkar, Umerkot, Kashmore, Kandhkot, Ghotki, Larkana and Sukkur.

Ironically, Pakistan has signed and ratified the International Covenant on Civil and Political Rights. Article 18 of the Covenant mandates the freedom of religion. The freedom is also guaranteed in the Constitution of Pakistan.

Sadly, these guarantees have not resulted in meaningful action by the government of Sindh which remains mysteriously silent on the issue. The frequency of the complaints and the impunity the perpetrators of this horrendous crime seem to enjoy suggest that strong special legislation is needed urgently to stem the rot. However, the Provincial Assembly of Sindh has failed so far to pass the Sindh Criminal Law (Protection of Minorities) Bill moved in 2015. The bill lays down that nobody shall be approached to change their religion until they attain the age of 18 years. The draft law also provides that a minor’s conversion to a religion other than that practised by her family will not be recognised.

The State has a constitutional obligation to protect its citizens from individuals and organisations who might wish to compel them to convert to another religion. It must also ensure that forced conversions do not occur in the context of marriage or marriage negotiations

A review of the recent complaints suggests that none of the converting women/girls seemed to have acted on their own. Typically, men in the employ of local landlords, most of them previously married, were understood to have kidnapped the girls. Forecd detention and intimidation were alleged in almost all cases. In many cases there were also charges of violence and rape. The victims were later produced before authorities to record statements to the effect that they had converted of their freewill and no longer wished to live with their families.

The State has an international obligation as well as a constitutional responsibility to protect its citizens from all individuals and organisations who might be tempted to try and force them to convert. The authorities also have a responsibility to ensure that forced conversions do not occur in the context of marriage or marriage negotiations. It is saddening that both the federal government led by the Pakistan Tehreek-i-Insaf and the provincial government headed by the Pakistan Peoples Party have failed to stop such incidents. Their failure to legislate on the matter is particularly disappointing.

The pattern of the so-called voluntary conversions is highly suspect. One might be forgiven for wondering why it is only teenage girls and women of marriageable age who are converting to Islam. Why are there no mature women converts? The standard story has a young woman leaving her family, meeting a Muslim man, converting to Islam and refusing to have anything to do with her family. The grieving families have little choice in the matter.

Saira Ahmed, a social activist in Sindh, says “in many cases police turn a blind eye to reports of abduction and forced conversions thereby creating impunity for perpetrators. The police officials either refuse to record a First Information Report or falsify the complaint, thereby denying the families the chance to take their case any further. The police also fail to investigate the circumstances under which a conversion takes place. The girl’s young age is often ignored. The girl/woman involved is left in the custody of her kidnapper and is subject to threats to force her into denying her abduction and rape.”

In a recent incident in Daharki taluka of Ghotki district, two Hindu girls were abducted and then forcibly converted to Islam. The police did not cooperate with the Hindu community who were the complainants. The Ghotki SSP submitted a report to the IGP which said that the girls had neither been abducted nor held hostage. The SSP quoted the girls as saying in a video that they had embraced Islam of their own free will. The family complained that the police had deliberately delayed action, allowing the girls to be taken to Rahim Yar Khan.

One wishes to appeal to Chief Minister Murad Ali Shah to order an inquiry against the policemen concerned.

A Hindu rights activist says the Federal government could provide relief to the minority communities by passing a law. He also says that Sindh Child Marriage Restraint Act is not being enforced.

It is clearly high time for legislation on forced conversion. For those involved, the matter as urgent as terrorism. The political class must show the will just as it did in the drafting and adoption of the National Action Plan. The law should ban organisations providing protection to forced conversions. For its part, the Sindh government should push the legislation on forced conversion. The Federal government should also consider a similar law. The government of Sindh should also prosecute all those found violating the provisions of the Hindu Marriage Act 2017 and the Sindh Hindu Marriage Act 2016.

The writer, a Lahore-based social activist, has an MPhil degree in communication studies

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