In principal, rule of law means equal application of law, equal protection by law and equality before law. Who can claim, however, that this has always been the practice in Pakistan?
In a blatant disregard of the principal recently a court was willing to hear Hamza Shahbaz’s petition and grant him bail on a day when it would not normally take up a case.
The Law and Justice Commission of Pakistan has reported that there are 38,539 cases pending with the Supreme Court, 293,947 with the five high courts and 1,869,886 cases with the subordinate judiciary of the four provinces and the federal capital.
According to news reports, Justice Asif Saeed Khosa, the chief justice of Pakistan, has regretted that the justice system is not among government’s priorities. The parliament, he said, seemed to be dragging its feet on addressing various deficiencies in the judiciary.
Provision of justice was not a job for the judiciary alone. The legislature had to do its part as well. He also said that the judiciary would do its utmost to avoid delays.
Justice Asif Saeed Khosa, the chief justice of Pakistan, has regretted that the justice system is not among government’s priorities. The parliament, he said, seemed to be dragging its feet on addressing various deficiencies in the judiciary. Provision of justice was not a job for the judiciary alone. The legislature had to do its part as well
In November 2016, the provincial assembly of Sindh had unanimously passed into law the Sindh Criminal Law (Protection of Minorities) Bill, 2015, in a bid to prevent and criminalize forced conversions and subsequent forced marriages. The bill recommended a five-year imprisonment for the perpetrators of the crime. The facilitators of forced conversions ere to be imprisoned for three years.
The Minority Rights Commission Bill defines 17 specific functions to be discharged by the Commission, including the examination of government policy and programmes related to a variety of issues faced by minorities; review of laws and regulations affecting the status and rights of minorities; suggesting the repeal or amendment of existing laws or adoption of new laws to eliminate discrimination and promote minority welfare; undertaking of research and programmes to raise the status, literacy, social interaction, and political participation of minorities in Sindh, and eliminate hate material and hate speech; and investigation of specific complaints of minority rights violations and monitoring of procedures for redressing violations of minority rights.
Forced conversions is a very old tactic in Pakistan, mostly in Tharparkar, Mirpur Khas, Badin and some remote areas of Ghotki, to cover up for the abduction of girls from poor Hindu families girls by influential people. It is unfortunate that the parliament has not been paying attention to the legislative matters.
The judgement for which former chief justice Jillani won accolades at home and abroad is yet to be properly implemented. Justice Jillanihad taken suo motu notice of a letter complaining of lack of proper action in the case of a terrorist attack on a Peshawar church in September 2013 in which 81 people were killed. He also took notice of petitions following attacks on Hindu temples and shrines and the threats to the Kalashas and Ismailis in Chitral. The three-member bench headed by the chief justice made these recommendations:
1) “The federal government should constitute a task force tasked with developing a strategy of religious tolerance.”
2) Improve the curricula for schools and colleges to promote religious tolerance.
3) “The federal government should take appropriate steps to ensure that hate speeches in social media is discouraged and the delinquents are brought to justice….”
4) The government should constitute a “national council for minorities’ rights. The functions of the … council should inter alia be to monitor the practical realization of the rights and safeguards provided to the minorities under the Constitution and law. The council should also be mandated to frame policy recommendations for safeguarding and protecting minorities’ rights by the provincial and federal governments.
5) “A special police force be established with special training to protect the places of worship of minorities.”
6) The federal government and all provincial governments “should ensure the enforcement of the relevant policy directives regarding the reservation of quota for minorities in all services.
7) “In all cases of violation of any of the rights guaranteed under the law or desecration of the places of worship of minorities the concerned law-enforcing agencies should promptly take action, including the registration of criminal cases against the delinquents.”
Finally the court passed an order to ensure compliance with its directives in these words: “The office shall open a separate file to be placed before a three-member bench to ensure this judgment is given effect to … the said bench may also entertain complaints/ petitions relatable to violations of fundamental rights of minorities in the country.” The world-over, minorities are protected and given equal rights. In Pakistan, the policy of state is not to suppress their rights but our social behaviour towards them leaves much to be desired.
The writer is a freelancer