State against minorities

From the Newspaper | | 2nd September, 2012
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THE concept of a Muslim state vis-à-vis its minorities, as envisaged by those that oversaw the creation of Pakistan and the members of the first Constituent Assembly, is hardly understood today.

In his Aug 11, 1947 speech, Mohammad Ali Jinnah delivered a message of freedom to not just Muslims but also the minorities living in the country.

Assuring them of equal status, he said famously: “You are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this state of Pakistan. You may belong to any religion or caste or creed — that has nothing to do with the business of the state.… We are starting in the days where there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle: that we are all citizens, and equal citizens, of one state.”

Following this vision, the first Constituent Assembly adopted the Objectives Resolution which said that “adequate provision shall be made for the minorities to profess and practise their religions and develop their cultures.”

It added that there would be “guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality”. There were meant to be “adequate provisions … to safeguard the legitimate interests of minorities
and backward and depressed classes”.

Was it sufficient to merely pass a resolution and include the rights of minorities in the constitution while doing little to actually put such ideals into practice? What steps did the state take to make the nation aware of the rights of those who are in fewer numbers?

The hard fact is that constitutions or laws cannot change societies or deliver on intentions unless they have social acceptance and the full backing of the state. This is what has led Pakistan to the current pass in terms of its minorities.

The bitter reality is that the state machinery has, since its creation, miserably failed to protect minorities’ rights. While on the one hand governments have been enacting rosy-looking legislation, on the other they have failed in practice to create a consensus policy agenda on minorities’ status within Pakistan that would create a more conducive national mindset. In
fact, they have remained involved in painting and treating minorities as unequal.

Article 5 of the constitution states that loyalty and adherence to the constitution is the basic responsibility of every Pakistani citizen. Not only does the constitution extend equality to citizens regardless of caste or creed, under Article 36 it also imposes upon citizens and the government the responsibility of safeguarding the legitimate interests of minorities.

This includes due representation in the federal and provincial services as well as social and economic justice and equality for minorities in the eyes of the law. Practically, however, minorities are disempowered. Contrary to the Quaid-i-Azam’s vision and constitutional bindings, the state has been unable to ensure minorities’ vibrant participation in state affairs.

How many non-Muslims have been promoted to higher bureaucratic posts? How many non-Muslim police chiefs or chief secretaries and secretaries have there been during the past 65 years? How many members of minority communities have been inducted into the Pakistan Army and promoted to top ranks?

What additional qualities do our Muslim politicians possess so that the prime minister and president of Pakistan can be chosen from amongst them, and amongst them alone?

At the moment, there is not one judge from the minorities amongst the superior judiciary in any of the four provinces, the Islamabad High Court or the Supreme Court. Does Article 36
of the constitution not apply to the courts? Pakistan needs reminding that its proud judicial history includes people such as Justice A.R. Cornelius and Justice Dorab Patel.

The buck doesn’t stop with the state. A lack of tolerance of other sects and belief systems has seeped into not just the minds of state functionaries, but also of private citizens. The extent to which most of the population is discriminatory towards minorities is nothing short of amazing.

The electronic, print and social media, too, particularly in Urdu and the regional languages that most of the citizenry taps into, have by and large served to entrench intolerance and foment religious hatred. Cases involving minorities or religious matters, especially allegations of blasphemy, are often misreported or reported with sensationalist overtones. An issue
as serious as sectarian killings is treated as newsflashes to be followed by spice-laden gossip masquerading as informed analysis.

The sum effect of such influences was encapsulated in the murder in broad daylight of a governor in office by a man on his own security detail.

Where does the answer lie? A reasonable place to start is the education sector: everyone should have access and the curriculum should be cleansed of anything that gives rise to prejudice against religious or other minorities.

Religious and sectarian tolerance needs to be taught as a school subject and in military and judicial academies. Concurrently, Pakistan needs strict state action whenever cases of forced conversions come up and in incidents of religious and sectarian hatred.

The state must adopt basic measures and teach people how to live in harmony in the true sense with people belonging to other castes and creeds.

The writer is an advocate.

COMMENTS

  1. Here is the latest news from Islamic convention in Washington, America:

    Pakistan’s ambassador, Sherry Rehman focused on common misconceptions about Islam.
    To those who believed Islam was incompatible with freedom, she said that Islam had always advocated for basic human rights, the most fundamental of which was freedom.
    For those who said that Islam was only for men, she quoted from a recent survey, showing that most Muslims want their women to work outside the home and 59 per cent of Muslim-American women actually work.
    Islam, she said, also opposed religious discrimination and guaranteed that non-Muslims living in a Muslim society practice their faith without hindrance.

    I think the Honorable Ambassador of Pakistan should first preach Islam to her fellow Pakistanis in Pakistan before preaching in America because American Muslims, I guess, know and practice Islam much better than the Muslims in Pakistan specially peaceful co-existence with shias, Sunnis, Ahmadis, Christians, Jews and Hindus and all Non-Muslims. Islam propagates this co-existence but Pakistani leaders have failed to uphold this teaching of Islam to appease the fanatic Mullahs, the militants and jihadists. It is my feeling, and I may be wrong, American Muslims will be better off in keeping distance from Pakistani politics if they wish to live peacefully in the West.

  2. Excellent article

    I strongly feel, but I may be wrong, it is beyond intelligence of Pakistani Muslims regardless of their high education that the Words of Allah is sacred not the paper written on them. Today we have the Holy Quran written on computer hard drive and chips. Will it be sin to destroy hard drive and chips which have verses from the Holy Quran?

    Allah’s name is written on every sand of ocean, every leaf of a forest, every atom in the universe because they all proof of existence of Allah and His work.

    The Holy Quran is message from Allah to mankind for guidance and act on it, not to kiss it and put in “Juzdaan” (cloth wrapper), put up high on shelf and read cover to cover in the Holy month of Ramadan without reading the translation and without understanding or acting on commandments of Allah. We call ourselves Muslims but only Allah knows if we are.

  3. Very well written article.Keep on writing in such unbiased way.

  4. It is hard to believe that the man who divided the subcontinent on the basis of religion wanted a secular country. May be he said it to compete with the leaders across the border but he was never convinced that such a model would work for Pakistan.
    Soon after Pakistan was formed, about 5 Million Hindus, Sikhs and Christians migrated to India. Comparatively only 1 Million muslims migrated from India to Pakistan.
    While muslims got full rights and grew to take top leadership roles in India, Minorities in Pakistan were exterminated systematically. Since 70s, immigration to India from Pakistan has been consistent. Even muslim visitors who came to India in 90s and later refuse to go back, blending in with their relatives.
    That is the fact Pakistan has to live with.

  5. I’m sick of listening and reading the Mohammad Ali Jinnah’s speech given indicating freedom for its minorities. With all authors and all TV anchors quoting the same words, I believe this is the only one sentence in his entire speeches where he has spoke about minorities. It’s time for Pakistanis to move ahead and think in a broader sense instead of sticking to MAJ’s speech given on 11 August, 1947 and justifying the security and freedom for its minorities on the basis of the speech………..What if “MAJ would’t have said this FAMOUS excerpt…Well, I hope there won’t be any answers from the authors and TV anchors on the atrocities carried on the minorities…..may be rather they would have justified those actions.

  6. Salman Taseer’s Pakistan would have been far far better than Mumtaz Qadri’s. Its the choice before the people of Pakistan. It is they who should decide what they want. Well written piece.My complements to both writer and secular fearless DAWN.

    • Salmaan Taseer’s Pakistan or a Pakistan which is fair and just toall citizens will never exist unless the fanatical clerics are eliminated completly!!!

  7. Can any body explain What was Direct Action Day…………One speech doesnot make a person secular…………

  8. You have written very well, it is hoped this will have some positive impact on those still living in darkness, God save Pakistan from those people who are ill taught and are using religion to destroy the peace and security of the country.

  9. Well written, highlighting the intolerance of the whole system. Obviously Jinnah did not visualize the ´change of mindset at that time. Now we know. As long as Muslims are in a minority position, they stand for secular laws, but change their minds the minute they have a majority. I hear Muslims in India want a secular state and also most of them support secular parties. Same can be said of all Muslims spread in non Muslim states. This mindset is not only limited to Pakistan. Turkey has tried for over 70 years the ideas of Attaturk, but when it comes to vote, majority opt for religious parties. I think if Jinnah was alive today, he would be that much wiser.

    • Jinnah was a good hearted man, not a power broker. The world changes with each new generation.
      Do you expect the Prophet Mohammed would have a child killed because she was not aware of what she was doing?
      Did Islam create these animals or did they create themselves? It is difficult to reform a religion when it is perfect and not in need of reform. What happens is if it no longer meets the needs of people they fall away from it.
      Religion once was for the people.

    • He is alive today. People just do not have the courage to swim against the tide.

    • Once the religion stops changing its attitude according to the time that religion can’t evolve. Whether that religion is islam or hindu or jews. Islam stops evolving after Prophet Mohammad (PBUH). Nobody dare to change or challenge Quranic verses after his death. Only followers of Islam believes in old age Quranic verses in 21st century. No followers of other religion are so rigid of change. Islamic people are selectively regid in their belief. They want to avail all the comfort modern world presents but try to keep their mentality of 8th century.

  10. “—–Religious and sectarian tolerance needs to be taught as a school subject and in military and judicial academies. Concurrently, Pakistan needs strict state action whenever cases of forced conversions come up and in incidents of religious and sectarian hatred.

    The state must adopt basic measures and teach people how to live in harmony in the true sense with people belonging to other castes and creeds.—”

    I do not agree to this action by the **STATE**~~~~~~~~why so ? Because the state is only a reflection of its **society**.

    Therefore it is the job of **SOCIETY** to do all these recommended things. First create the genuine mechanism to enable changes.

    • “Religious and sectarian tolerance needs to be taught as a school subject and in military and judicial academies.”
      It is too late for that.

  11. As far as present of pakistan ” Minorities are good people and Majority are bad people”. Those who are silent and don’t want to participate in anything are minorities in pakistan. Majority is worst corrupt mafia from top to bottom. It’s now good vs evil, and evil will hurt good till good wakes up and fight for it’s right and understand how much powerful they are…

  12. This is not that Pakistan, Land of pure, which was envisioned by Jinnah. This Pakistan only belongs to Muslims. Those, who want to reside in harmony here, they should convert their religion- Islam.
    Alas!
    Even Muslims are not safe here. Religious secterianism has massacred countless lives of innocent masses in Pakistan. One is flabergasted at this, when Muslims themselves are not having safe haven, minorities cannot think of protection of their rights in such a state of utter failure.

    • But question is who is the Muslim and who is not?

      • This is the root of the problem, when we start debating who is Muslim and who is not.
        Religion is a private and personal affair of everyone. Nobody will be accountable for other peoples’ actions in front of God and nobody has any right to force others to follow his faith and belief.

  13. Honest approach and remedies to improve the present lot of people !

  14. Suprakash. SILIGURI.INDIA

    For JINNAH sahab we INDIANS have a bad image..you can guess for what…personaly I used to think that he is anty hindu…but since I have been reading about him…its changing….but pakistan could not keep his ideology. ..

  15. Thanks for writing this up. If only we had more sane voices like yours in the country. Please keep writing and I hope it makes a difference in at least a few peoples’ lives.