Minority Rights and the Constitutional Dilemmas of Pakistan
| Published date | 01 December 2001 |
| DOI | 10.1177/092405190101900404 |
| Author | Javaid Rehman |
| Date | 01 December 2001 |
| Subject Matter | Article |
417
Minority Rights and the Constitutional Dilemmas
of
Pakistan
Javaid Rehman'
Abstract
Rights
of
religious minorities and the role
of
religion within the constitutional framework
represent two key issues which have dominated Pakistan 'sfifty-fouryears
of
politicalhistory.
This article analyses Pakistan's constitutional approaches towards its religious minorities.
This analysis reveals that the State has been unable to establish a coherent constitutional
framework in which to protect its religious minorities. Furthermore, as a consequence
of
politicisation
of
religion over the past three decades, Pakistan's religious minorities are
increasingly being victimised
and
persecuted. The article identifies anumber
of
laws and
practices through which discrimination has been perpetuated and highlights the existing
unfortunate situation
of
religious minorities within Pakistan.
IIntroduction
Rights
of
minorities and the role
of
religion within the constitutional framework are two
issues which dominate Pakistan's chequered political history.' Ever since its emergence as
a State, Pakistan has suffered from what has been appropriately described as 'ideological
schizophrenia'.2 On the one hand, Pakistan represents an extreme example
of
religious
influence in the establishment and continued existence
of
a State; religious identity had
formed the genesis
of
the struggle for an independent State for the Muslims
of
British India.
The campaign for Pakistan was built around the assertion that Hindus and Muslims
constituted two distinct nations; thus, in order for the Muslims to preserve their identity, an
independent Islamic State provided the only option. Islam was the essence, the raison d 'etre
of Pakistan, a State which was otherwise geographically anomalous in nature and artificial
in character.'
On the other hand, it needs to be noted that Pakistan was not built by the rigid Islamic
orthodoxy.4 Instead, the architects
of
the State were western educated liberals such as
Mohammed Ali Jinnah who had visions of establishing atolerant and democratic society with
Dr. Javaid Rehman, Senior Lecturer in Law, University
of
Leeds, England. I am very thankful for the
supportand research documentation provided by colleagues at the Human Rights Commission
of
Pakistan
(Pakistan), Christian Solidarity Worldwide (UK), Minority Rights Group International (UK), Amnesty
International (UK), and Ahmadiyya Muslim Association (UK).
For
useful surveys
of
the political history
of
Pakistan see Ziring, 1., Pakistan: The Enigma
of
Political
Development. Westview Press, Folkestone Kent, 1980; Syed, A., Pakistan: Islam, Politics and National
Solidarity, Vanguard, Lahore, 1984; Sayeed, K.B., Pakistan: The Formative Phase. Pakistan Publishing
House, Karachi, 1960; Kadri, S.H., Creation
of
Pakistan. Wajidalis, Rawalpindi, 1985.
Noman, 0., Pakistan: A Political and Economic History since /947, Kegan Paul International, London,
1990, p. 3.
Aziz, K., The Making
of
Pakistan: A Study in Nationalism, Islamic Book Service, Lahore, 1989, pp. 163-
195.
Noman, op.cit. (note 2), pp. 3-5.
Netherlands Quarterly
of
Human Rights, Vol. 19/4,417-443,2001.
©Netherlands Institute
of
Human Rights (SIM). Printed in the Netherlands.
NQHR
4/2001
freedom
of
religion as its corner-stone.' Pakistan was not intended to be a theocratic or
puritanical State where the rights
of
religious minorities could be undermined. Islam, as
Jinnah the founder and first Governor-General
of
Pakistan had acknowledged, was
nevertheless a vital factor; it was assigned a crucial though largely unspecified role within
the legal and political framework
of
Pakistan.
In August 1947, when Pakistan was established, there was a tension, an overarching
confusion as to the constitutional model
of
governance for the new State: a 'secular' model
which would follow the western tradition
of
liberal democracy and human rights, or the
'Islamic' model where Shario"would be actively invoked and effectively enforced.' As this
article will analyse in detail, despite having had an independent existence for fifty-four years,
Pakistan has been unable to overcome its initial confusion and difficulties. Pakistan's
constitutional approaches towards the issue of freedom
of
religion remain largely
indeterminate, although the developments over the past three decades provide an alarming
prognosis in so far as religious minorities are concerned. The article locates the position
of
Pakistan's religious minorities amidst the wider debate on freedom
of
religion and the
elimination
of
all forms
of
intolerance and discrimination based on religion or belief. It
identifies the various strands through which discrimination has been perpetuated, and
highlights the unfortunate situation
of
religious minorities within the State.
This article has been divided into six sections. After this introductory section, section II
provides an overview
of
the political geography
of
Pakistan, and a background knowledge
of
its constitutional practices directly relevant to religious minorities. Section III, which has
been further sub-divided, analyses the issues surrounding the complexities in according
religious minorities adequate protection within the constitutional framework. This section
considers Pakistan's dilemmas
of
ideology and the factors that have led to the politicisation
of
religion in the last three decades
of
the twentieth century. Sections IV and V, while
focusing on the contemporary position
of
specific minorities, analyse the various mechanisms
which have been devised to discriminate and persecute religious minorities
of
Pakistan. The
final section, section VI, offers some concluding observations.
II Pakistan: State Practices, Constitutional Experimentations and Religious
Minorities
Pakistan, with a name meaning 'land
of
the pure', emerged as an independent sovereign State
in August 1947, as a result
of
the partition
of
the former British India. At the time of
independence, the Pakistani State inherited those contiguous districts
of
British India that had
amajority Muslim population. The result was a country divided into two wings
of
unequal
sizes-
'West'
and
'East'
Pakistan. East Pakistan became the independent People's Republic
of
Bangladesh in December 1971 after a nine month secessionist civil war and a pro-
Bangladesh Indian military intervention. The truncated Pakistan
of
today is bounded by Iran
in the west, Afghanistan in the north-west, India in the east and south-east and the Arabian
Collins, L. and Lapierre, D., Freedom at Midnight. Collins, London, 1975, p. 102; also see Jala!, A., The
Sole Spokesman: Jinnah, The Muslim League and the Demand for Pakistan. Sange-meel Publishers,
Lahore, 1992.
Arabic word, meaning: Islamic Law. 'The Road to the watering place' - the right road to follow to reach
the goal set by the Holy Book, the Quran.
Boyle, K. and Sheen, J. (eds.), Freedom
of
Religion and
Belief
A World Report. Routledge, London, 1997,
p.225.
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