Arslan Mehndi
The treatment of minorities is a crucial topic because it shows a nation’s dedication to democracy, human rights and the rule of law. Pakistan as a multi-religious and multi-ethnic state got its independence on the promise of religious tolerance and equal rights for all individuals regardless of faith. However, in Pakistan, religious minorities including Christian, Hindu, Sikhs, Ahmadis, and others face systematic discrimination and social marginalization in spite of constitutional safeguards. Additionally, it may have significant effects on Pakistan’s social, political, and economic stability.
The Constitution of Pakistan provides a basis of equality and rights under several provisions, according to Article 20 citizens have the ‘’freedom to practice, profess, and propagate religion’’ and Article 25 deals with the ‘’equality before the law’’. While Articles 36 and 37 ensure that the state will promote and defend the rights of minorities, including their culture, language, and religion.
Notwithstanding these clauses, historically the legal system has discriminated against religious minorities and fostered an atmosphere of vulnerability. Pakistan’s legal system has frequently marginalized minorities by imposing legal limits and selective enforcement of laws, jeopardizing their social welfare, access to justice, and freedom of religion.
The most polarizing part of Pakistan’s legal system that affects minorities are the blasphemy laws which are outlined in sections 295-B and 295-C and related articles of the Pakistan’s Penal Code.
According to a 2023 Human Rights Watch report, religious minorities who comprise less than 5% of Pakistan’s population, were the targets of about 40% of blasphemy charges. By report, 171 incidents of blasphemy were documented in 2023; these cases are frequently the result of personal disputes and are employed as a persecution weapon. Accusations often result in long jail terms, death sentences, and mob violence, which stimulate terror in minority populations.
The high-profile cases like Priyantha Kumara, Mashal Khan, Asia Bibi, a Christian woman accused of blasphemy; Similarly, Abdul Ali was killed by a police officer while in custody in Quetta, highlighting the effects of these laws and their propensity to provoke mob violence, these episodes reveal a gravely concerning breakdown in the justice system.
Forced conversions and legal inadequacies, particularly among young girls from Hindu and Christian families, are still a major problem, as seen by several incidents. A 2022 research by the Centre for Social Justice estimates that between 100 and 200 forced conversions take place each year. Although forced marriages and conversions are illegal under Pakistan’s Penal Code, these rules are not sufficiently implemented. A proposed anti-conversion law in 2021 was met with strong criticism and ultimately defeated; Due to societal bias and religious pressure, legal proceedings frequently fail to deliver justice.
Oftentimes, minority communities experience political marginalization, which can restrict their capacity to participate in politics and have their voices heard. It is frequently impossible for minority members to fully engage in politics alongside the majority. Furthermore, party lists are used to fill minority-reserved seats in the National Assembly, giving political parties authority over minority representation rather than direct minority voter choice.
In a recent report, the National Commission for Human Rights noted that 80% of government jobs designated for religious minorities are low-paid, and that nearly half of these positions are still unfilled. Minority students are disadvantaged by the biases that are frequently reflected in Pakistan’s educational system. The Centre for Social Justice reported in 2023 that school curricula were increasingly featuring religious content that was discriminatory toward minorities.
Pakistan has taken a number of legal actions to support and defend the rights of minorities. In 2014, the Supreme Court issued a historic ruling ordering the government to create a strong national commission to further protect minority rights. The Hindu Marriage Act (2017) and the Punjab Sikh Anand Karaj Marriage Act (2018), which safeguards the rights of Sikh and Hindu women in marriage and divorce in accordance with their traditions and rituals, came after it. Although it is an attempt to safeguard Sikh and Hindu personal laws, they are not enforced nationally.
In a similar vein, the Protection of Communal Properties of Minorities Ordinance (2001), attempts to prevent unlawful occupancy or destruction to the communal properties (community centres, places of worship) of minority communities.
Nevertheless, despite certain progress, key recommendations made by these laws have not yet been put into practice; minorities in Pakistan encounter institutional and systemic obstacles that prevent them from accessing justice; and law enforcement organizations frequently hesitate to act impartially in cases involving religious matters, particularly when under pressure from religious organizations or local communities. Because judges may be swayed by societal prejudices, the absence of minority representation in the judiciary also affects results by impeding the right to a fair trial.
In order to address these problems, inclusive legal reforms must be prioritized, along with broader societal transformations toward respect and tolerance. In Pakistan, the well being and the rights of religious minorities are not merely legal concerns; they are intricately linked to the county’s identity, social cohesion, and global reputation. To develop Pakistan we must urge religious leaders, representatives of religious minorities and the media to inform the people about their rights and to promote interfaith harmony, tolerance and unity.
The author is a Lecturer at Government College University Faisalabad (GCUF) Chiniot Campus.
