Beyond reaching the depths of the underlying dilemma of Independence, Manto’s words articulate the troubled fate of the two countries who have not truly gained Independence in their thought and conscience. What remains daunting about Manto’s words is the uncanny resemblance between the past and the present, revealing how little things have changed.
Revisiting the years of Independence gone by, the nuanced relationship between religion, law and state emerges as an intriguing discourse in the political landscape of Pakistan. How a country interprets its past, navigates its present, and sees its future is articulated in the tone of its constitution. Considering the constitutional development in Pakistan, the country witnessed significant struggles in the initial stages of its constitution-making, following the events of 1947 and 1956, from the India-Pakistan Partition to the adoption of the country’s first constitution. However, the constitution could not strengthen the political landscape of the country for long, as it was soon disrupted by military rule, followed by years of political instability.
Tracing the trajectory of the national identity of the country, the crisis of the state’s character is aptly summed up in ‘The Pakistan Paradox’: “Pakistan has gone from a nation searching for a country to a country searching for a nation.” (Jaffrelot)
Exploring the interplay of religion, law and politics, the national narrative of a “state-religion” has been often manipulated by those in power, over the years. This show of prejudice maps out a fertile ground for religious politics across the country. In this view, one can refer to Article 2-A in the constitution, supported by the standpoint of the Objectives Resolution that declares, “Wherein adequate provision shall be made for the minorities to (freely) profess and practice their religions and develop their cultures.” However, it is interesting to note that the word ‘freely’, which seems to be given special emphasis, was previously omitted and later reinstated in the resolution, following the 18th Amendment in 2010. (Rahim) This is not a case of coincidence it hints towards the prejudice against the minorities in Pakistan and reflects the reluctance of the authorities to do something about it. Reflecting on recent events in Khyber Pakhtunkhwa, the Shia Genocide in Parachinar displays the heartbreaking reality of the country today, where minorities continue to struggle for Independence, all their lives.
“Hindustan had become free. Pakistan had become independent soon after its inception but man was still slave in both these countries — slave of prejudice … slave of religious fanaticism … slave of barbarity and inhumanity.”
While the constitution advocates for the rights of minorities, there is a contradiction within this statement as the implementation of laws based on the religious freedom of the minorities and those grounded in the foundation of Islam do not go hand in hand in the society of Pakistan. An example relevant to the conflict is the Blasphemy Laws in Pakistan, which are often (mis)used and manipulated as violent tools to target religious minorities. The irony resides in the contrast between the commitment of the Constitution to uphold the rights of minorities and the current state of the minorities.
Mirroring the deteriorating character of the state and its commitment to democracy, the half-hearted promises of Independence gradually fade away with every passing year, considering present conflicts including religious discrimination, sectarian conflict, persecution of minorities and violent opposition to women’s rights, which tend to instil fear and insecurity among people and places the state in a vulnerable position. Under the religious ideology of the state and fundamental groups, the exclusion of minorities brings about the persecution of minority groups and the destruction of worship places.
The significance of democracy in the constitution stands in conflict with the current state and institutions of Pakistan, such as the undemocratic system of law and order which sustains corruption; the seeds of which are deeply entrenched within the roots of the society. With the issue of intolerance for religious minorities being an undemocratic act, the right to freedom of speech within the constitution is also met with uncertainty. Under Article 19 of the constitution, “Every citizen shall have the right to freedom of speech and expression, and there shall be the freedom of press.” The right to freedom of speech and press emerges as the most defining struggle for Independence faced by the country, its institutions and its people. Over the years, the restrictions on these rights have acted as a threat to religious minority groups, human rights activists, feminists, journalists and media organizations in Pakistan.
The fundamental right to security stated in the constitution, in the context of journalists and media channels, is jeopardized through the hegemony of state ownership in the media institution. Remembering the words of Orwell, “The further a society drifts from truth, the more it will hate those who speak it.”
Considering the prevalence of state repression, the ongoing crisis of enforced disappearances continues to aggravate in Pakistan today, the right to security is denied to the Baloch and Pashtun people. The state’s silence is deeply unsettling while the eyes of the Baloch women await the needful hour of justice for their families, their beloved brothers, fathers and sons.
Delving deeper into the 77-year-long dilemma of Independence, one can identify the dichotomy between the fundamental constitutional laws and their practical application within the country’s governance. This disparity is reflected in another set of fundamental rights under Article 38 which intends to promote the social well-being of all individuals in the words, “The State shall secure the well-being of the people, irrespective of sex, caste, creed or race.”
This right marks all the building blocks of social Independence within any society; however, the country fails each one of them. The conflict of gender inequality remains prevalent in Pakistan which manifests itself in gender-based violence, gender stereotyping, lack of tolerance for gender rights debates, unequal access to opportunities etc. About women and their well-being, the country fails to provide them with safe spaces and consequently, cases of sexual assault and harassment continue to endanger the state of women in Pakistan.
What knits the above conversation on the seventy-seven-year-long tradition of Independence together is the paradoxical nature of the relationship between law and state, a fundamental tension that lies at the heart of the country. The constitution of the country and its people continue to suffer from the politics of the state and the establishment, the power rests in the hands of the two institutions. Until the system frees itself from the shackles of corruption, the Constitution cannot do much for the people and therefore, loses all its meaning.
The tragedy lies in knowing that the sense of longing is here to stay while one helplessly wonders if this Dawn of Independence will ever set in the eyes of the people of our country.
The writer is a freelance columnist.