Fading dreams of tolerance in Pakistan

The Constitution must be operationalized

The vision of the founding Father of the Nation Quaid-e-Azam Muhammad Ali Jinnah for Pakistan was a nation where all people irrespective of their religion, caste, creed, and ethnicity could live freely. Unfortunately, this vision remained imaginary and unfulfilled like other dreams of a prosperous Pakistan.

The Constitution provides protection to religious minorities, but still, the authorities failed miserably to control the waves of extremism and prevent the deteriorating security and well-being of minorities. This article aims to highlight the need to impose strict laws to save the country from religious extremism and ensure fair prosecution.

Religious extremism is an unreasonable and unacceptable violation of other people’s rights in the name of the protection of one’s own belief system. It operates outside the structure of a noble society; it is a belief that harms society’s national integration. Religious extremism, in any form, that is verbal or physical, threatens the structural fabric of the nation and imposes coercive ideologies that preach intolerance.

In Pakistan, the right-wing Muslim-majority outfits are indulging in extremism and have even become intolerant against those who speak for reforms in blasphemy laws. For instance, Salman Taseer, the former Governor of Punjab, was assassinated by his bodyguard in January 2011 as a result of his outspoken opposition to the blasphemy law and support for blasphemy convict Asia Bibi. Several extremist organizations praised Taseer’s killer, as a hero. He was later executed in February 2016 and his funeral was attended by more than 100,000 people.

This was not the vision of the founder of Pakistan, the Quaid-e-Azam, who in his address to the first constituent assembly in 1947 stressed the preservation of the fundamental rights of minorities. Under the Constitution, Articles 25, 26(1), 27(1), validate un-discriminatory safeguards for non-Muslims. In the later chapter of “Principle of Policy”, Article 36 also authorizes state institutions to provide protection to minorities.

However, due to weak legislation on the framework provided by the constitution, governmental authorities passed the Senate Bill in the year 2020 on ‘Protection of Religious Rights of Minorities’. It called for the eradication of violence against religious minorities. Clause 26 and 27,  states that any act of violence, and hate speech by a majority group is strongly condemnable and will be met with the penalty of three years in jail.

Despite governmental efforts, the blasphemy law of Pakistan can still be considered contrary to Jinnah’s ideals of freedom. According to a 2018 report of the “United States Commission on International Religious Freedom”, blasphemy in Pakistan has been wildly implausible, as it is mainly used for outright false accusations stemming from personal conflicts, interests or hatred against other communities.

For instance, authorities detained Sunny Mushtaq and Noman Asghar, two Christian teens from Punjab, on 29 June 2019, for allegedly receiving blasphemous photographs of the Prophet Muhammad (PBUH) through WhatsApp. They were sentenced to death by hanging on 30 May. However, police and authorities took no action against Bilal Ahmed who was the sender of blasphemous pictures. According to the lawyer of NGO, “The Voice”, which deals with the legal defence of these boys, the magistrate ignored all evidence that was in favor of the young boys. She claims that the judge only wanted to fulfill his sacred duty by punishing all non-Muslim alleged blasphemers.

Without addressing these core concerns, the country risks increasing division and instability, putting its social fabric and sustainable growth in danger. Violence against minorities is undermining the rule of law, inhibiting creativity, impeding economic progress, creating brain drain, and undermining religious and cultural diversity. The state must defend minority rights, encourage tolerance, and uphold the ideals of fairness and equality for all its residents in order to accomplish a holistic and sustainable society.

After 2018, these incidents gained momentum, as not a single month passed without the news of either anonymous killings of minorities or mobs attacking their religious sites. These developments significantly contributed to a 46 percent increase in overall cases of abuse, including rape, forced conversions, destruction of properties, and target killing of the non-Muslim Pakistanis. The US Report on “International Religious Freedom” in 2021, stated that local law enforcement agencies failed to protect the rights of religious minorities who were accused of blasphemy on abstract evidence.

Within the same year, a Sri Lankan man, Priyantha Kumara, was lynched by a mob in Sialkot over allegations of blasphemy. One of the witnesses of the incident said that he was asked to clean floors and walls of the factory wher he was working. As he did not  understand the local language well, he unintentionally ripped off the posters with Islamic verses. The local supervisor, despite understanding the situation, gathered people against him, and the conflict later resulted in his death.

The recent Jaranwala incident is distressing but not new. Akmal Bhatti, Chairman of Minorities Alliance Pakistan, condemned the violence, and rightly highlighted how the anger-fueled mob used blasphemy laws to justify their false accusations and destructive actions against innocent people. The aftermath of the catastrophe also demonstrates the impact on the evolution of society towards extremism.

There is a dire need to make pragmatic legal reforms for the protection and safety of minorities of Pakistan. It is imperative for the Government to safeguard rights of non-Muslims by articulating Article 36 of the Constitution in fundamental rights rather in ‘Principle of Policy’ which is subject to availability of resources.

Second, to incorporate the Quaid’s vision of Pakistan, the minority quota in Parliament, civil services and other decision-making positions must be increased so their rights can be guaranteed. For elections to Parliament, the principle of separate electorate can be introduced for the fair representation of these communities. It will empower them to speak for their fundamental rights and could result in legislation for their better protection.

Third, Government should enact an amendment to the blasphemy law, making it a bailable offense. This amendment could help prevent situations in which individuals are arrested without adequate evidence. It would also uphold the principle of “innocent until proven guilty,” which is consistent with fundamental principles of justice.

Without addressing these core concerns, the country risks increasing division and instability, putting its social fabric and sustainable growth in danger. Violence against minorities is undermining the rule of law, inhibiting creativity, impeding economic progress, creating brain drain, and undermining religious and cultural diversity. The state must defend minority rights, encourage tolerance, and uphold the ideals of fairness and equality for all its residents in order to accomplish a holistic and sustainable society.

Rida Ejaz
Rida Ejaz
The writer is an Internee at the Balochistan think tank network

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