On 19 June 2014, the Supreme Court of Pakistan, under the leadership of the then Chief Justice Tassaduq Hussain Jillani, made a historic ruling that significantly advanced the protection and promotion of the rights of religious minorities in the country. This judgment was a pivotal moment in the country’s legal and human rights history, reflecting a commitment to upholding the principles of equality and non-discrimination enshrined within the Constitution of Pakistan.
Since its inception, Pakistan has grappled with issues surrounding the rights and protection of religious minorities. Despite the vision of its founding father, Muhammad Ali Jinnah, who advocated for a secular and inclusive Pakistan, the reality for religious minorities has often been marred by persecution, discrimination, violence, and marginalisation. Incidents of blasphemy accusations, mob attacks, forced conversions, desecration of places of worship, and targeted violence have highlighted the urgent need for robust legal safeguards and proactive measures.
The 2014 judgment stemmed from a Suo motu notice taken by the Supreme Court following the Peshawar church bombing in September 2013, which resulted in the tragic loss of over 80 lives. This incident underscored the vulnerability of religious minorities and the need for the state to ensure their protection.
The judgment
Justice Tassaduq Jillani’s judgment laid down several key directives aimed at improving the plight of religious minorities in Pakistan. The main directives of the judgment, including the status of their implementation, are as follows:
1. Establishment of a National Council for Minorities
The court directed the federal government to establish a National Council for Minorities. This council would serve as a watchdog for the rights of religious minorities, ensuring their concerns are addressed and their rights protected.
Status: In 2020, the Pakistani government announced the formation of the National Commission for Minorities. However, its effectiveness has been called into question due to concerns about its composition and the extent of its powers. The Commission lacks proportional representation for Pakistan’s religious minorities and includes multiple representatives from the majority Muslim community. It was not passed legislatively through parliament and has received no resource allocation which has prevented it from opening provincial chapters.
Many argue that for the Commission to be truly effective, it must comply with the Paris Principles – which set out the minimum standards that national human rights institutions must meet in order to be considered credible and to operate effectively – and have greater autonomy to be more representative of all minority communities.
2. Curriculum reforms
The judgment emphasised the need for revising school curricula to promote religious tolerance and understanding. This involved removing any content that fosters prejudice against religious minorities.
Status: There have been incremental changes in the school curriculum to promote religious tolerance over the past decade. Some textbooks have been revised and include lessons on peace, but sadly biased content that discriminates against religious minorities has yet to be removed. Comprehensive changes are still needed to fully eradicate biases and promote inclusivity in education.
On 3 March 2023 the National Curriculum Council (NCC) issued no-objection certificates (NOCs) that granted official permission for the publishing of religious books for students of seven religious minority communities enrolled in educational institutions that are supervised by the federal government. The books for these seven faith-based communities which include Bahais, Buddhists, Christians, Hindus, Kalashas, Sikhs and Zoroastrians, will be published for use in schools within the Islamabad Capital Territory and federal government educational institutions across Pakistan. This is the first time that students from seven religious minority communities will be able to study their own religion instead of ethics which was offered as an alternative to Islamic Studies. These books are expected to be published and circulated in schools in the year 2025.
While this is an encouraging move, several questions remain as to how this will be practically implemented across the country. Furthermore, the provision of subjects was not part of the actual order of the judgment, as the directive was about removing hate and objectionable material from existing textbooks, and questions remain regarding the compliance of the education policy and curriculum with Article 22(1) of the Constitution of Pakistan, which grants individuals the right not to receive religious instruction if such instruction relates to a religion other than their own.
3. Protection of places of worship
The court ordered the government to ensure the security of places of worship for all religions. This includes providing adequate security measures and taking swift action against any desecration or attacks.
Status: The government has taken steps to enhance the security of religious sites, including deploying additional security personnel and installing surveillance systems. Despite these efforts, incidents of attacks on places of worship continue to occur, highlighting the need for more robust and proactive measures.
In August 2023, for example, 21 churches were attacked and set on fire in Jaranwala, Punjab Province, after violence broke out over the alleged desecration of religious scriptures by two local Christians.
4. Police training
A directive was issued to law enforcement agencies to receive training on human rights and the protection of religious minorities. This aims to ensure that police officers are sensitized to the needs and rights of these communities.
Status: Training programs for law enforcement officers on human rights and the protection of religious minorities have been introduced. These programs aim to sensitise police personnel and improve their response to incidents involving religious minorities. Most have been designed by civil society organisations with limited resources as opposed to the government itself, and reports of police inaction and bias in cases involving minorities indicate that these trainings need to be more widespread and effective.
Earlier this month, 73-year-old Christian businessman Lazar (Nazir) Masih succumbed to his injuries in hospital just over a week after he was violently attacked by an extremist mob following an accusation of blasphemy in Sargodha, Punjab Province. There are concerning allegations that local police handed Mr Masih over to his attackers, and reports have since emerged of members of the mob that killed being freed from custody without being charged whilst Mr Masih’s family continues to receive threats from their neighbours.
5. Implementation of job quotas
The court reiterated the importance of implementing job quotas for religious minorities in public sector employment, as mandated by existing laws, to enhance their socio-economic status.
Status: The implementation of job quotas for religious minorities in the public sector has seen some progress. While quotas exist, the actual employment figures often fall short of the targets. Moreover, there is a lack of transparency in the recruitment process, and many minority applicants report facing discrimination.
6. Establishment of a task force
The judgment called for the creation of a special task force to monitor the implementation of these directives and to report on the progress regularly.
Status: A task force was created to monitor the implementation of the Supreme Court’s directives. However, its effectiveness has been hampered by bureaucratic inertia and lack of adequate resources. Regular and transparent reporting on the progress remains an area that requires significant improvement. Despite the formation of a One-Man Commission, under the leadership of Dr Shoaib Suddle, serious gaps in the implementation of this order have been reported.
Challenges and obstacles
The judgment has had a profound impact on the legal and social landscape of Pakistan. It not only reaffirmed the state’s responsibility to protect the rights of all its citizens, irrespective of their religious beliefs, but also set a precedent for future legal discourse on minority rights. The directives aimed at promoting religious tolerance and inclusivity are steps towards creating a more just and equitable society, however several challenges continue to impede their full implementation.
While there have been periods of focused effort, sustained commitment across different administrations has been lacking. Moreover, deep-seated societal prejudices against religious minorities pose a significant barrier. Changing these attitudes requires long-term, concerted efforts in education and community engagement.
Adequate financial and human resources are essential for the effective implementation of these measures. However, many initiatives aimed at protecting minority rights are underfunded and understaffed.Strengthening legal frameworks and institutions to support minority rights is also crucial, including ensuring that bodies like the National Council for Minorities have the necessary authority and independence.
Looking forward
Today marks ten years since this historic judgement, yet nominal steps taken towards its implementation have yet to translate to significant improvements in reality. Countless lives have been lost, places of worship of religious minority communities have been ransacked, vandalised and even torched, families have been displaced and forced to live in fear or flee from Pakistan to seek a safe place to lead their lives while the state continues to ignore the importance of implementing the ruling.
Recent attacks against religious minorities, especially the mob attacks on the Christian community in Jaranwala and Sargodha, and the widespread and blatant hate speech and incitement to violence being meted out against the Ahmadiyya community clearly demands that this judgment must be implemented in letter and spirit on immediate basis. While some progress has been made, significant work still needs to be done to fully realise the vision of an inclusive and equitable society.
It is imperative that the government of Pakistan takes a serious note of the gaps in implementation of this important judgment. It must renew its commitment made during the run up to the elections to its minority communities. Only then can Pakistan truly honour its constitutional promise of equality and justice for all its citizens.
By Cecil Chaudhry
FoRB in Full 