ISLAMABAD: In what has been billed as a verdict that may stem the rising tide of intolerance and bigotry in the country, the Supreme Court ordered law enforcement agencies on Thursday to promptly register criminal cases against those guilty of desecrating minorities’ places of worship or violating any of their rights guaranteed under law.

Chief Justice Tassaduq Hussain Jillani also ordered the federal government to ensure that hate speech on social media is discouraged and those who incite are brought to justice. The verdict came as the court wrapped up suo motu proceedings, initiated on an application filed by Nadeem Shaikh and Saleem Michael regarding the twin bombing of a Peshawar church that left 81 people dead.

In previous hearings, the court had also received complaints from Hindus asking for protection of their places of worship and took notice of issues such as the threats to the Kalash tribe and Ismailis in Chitral, forced conversions of Hindu girls, the registration of minorities’ marriages etc.

Authored by the chief justice himself, the 32-page judgment also highlighted the need to promote a culture of religious and social tolerance by developing the appropriate curriculum at the school and college level, as well as constituting a task force for developing religious tolerance and establishing a specially trained force charged with protecting minorities’ places of worship.

Crackdown on online hate speech sought

The verdict recalled that in its Declaration on the Rights of the Child, the United Nations had resolved that children should be protected from any form of discrimination on the grounds of religion or belief. “The child should be brought up in the spirit of understanding, tolerance and friendship among peoples, peace and universal brotherhood, respect for freedom of religion or belief of others and in full consciousness that his energy and talents should be devoted to the service of his fellow men”.

The verdict also calls for the constitution of a national council for minority rights, to be tasked with monitoring the actual situation of the rights and safeguards provided to minorities under law.

The judgment is unequivocal in its directions to the federal and provincial governments to ensure the enforcement of the policy regarding quota for minorities in all services.

Directions were also issued to the court office to open a separate file, to be placed before a three-judge bench, to ensure that this judgment was fully implemented in letter and spirit. That bench would be free to entertain complaints or petitions related to the violation of the fundamental rights of minorities in the country.

Referring to the desecration of minorities’ places of worship, the judgment stated that such incidents could be prevented if the authorities concerned had taken preventive measures at the appropriate time.

Law-enforcement agencies’ inaction was due to a lack of proper understanding of the relevant law, the judgment said. It mentioned an instance when the Additional Advocate General (AAG) Sindh told the court that the desecration of minorities’ places of worship did not qualify as blasphemy and not an offence under the Pakistan Penal Code (PPC). When presented with Section 295 of the PPC, the counsel had to concede that the desecration of places of worship, even of non-Muslims, was an offence under the law.

The judgment notes that Pakistan is a transitional democracy and like all other countries is faced with competing political and social challenges. However the defining feature of democratic governance is complete dedication and adherence in everyday life to the seminal principles of equity, justice and inclusion of all irrespective of their colour, creed, caste, sex or faith. The sustainability of democracy depends on how best these challenges are met.

The judgment also explains that the Supreme Court is mandated to protect and defend the Constitution, which embodies the fundamental rights of its citizens. Thus, in deciding cases entailing inter-faith conflict, the courts should keep in view the fact that there are certain elements in every faith who seek to interpret religion in myopic terms.

Published in Dawn, June 20th, 2014