By Maria Malik
Pakistan has an overwhelmingly Muslim community, which accounts for 95 per cent of its 216 million inhabitants. The Muslim population however belongs to several doctrinal groups. Sunnis are in the majority amongst Muslims, with Shia Muslims and Zikris facing discrimination. In 1974, the National Assembly of Pakistan has declared Ahmadis (also called Qadianis) a non-Muslim minority. There are several Christian denominations, Bahais, Buddhists, Hindus, Jains, Kalasha, Parsis and Sikhs who are identified as non- Muslim Pakistanis. The policy of Islamization in the 1970s and 1980’s, the subsequent rise of Taliban insurgency and the patronage of extremists groups by different political and religious groups in Pakistan have contributed to the intolerance and acts of violence against the religious and sectarian minorities of Pakistan.The vague terminology of the current legislation has in fact allowed for the misuse of Sections 295-298 PPC, and has resulted in the persecution of minorities and the poor by providing the dishonest complainant with a mechanism for settling personal vendettas through the flawed system of justice. The law that is designed to protect people has actually become a tool for promoting intolerance. Although a majority of those charged under this law are Muslims, yet the law has made the non-Muslims even more vulnerable. In addition to this, the manner in which the religious groups in Pakistan propagate the flawed laws has resulted in vigilantism and mob violence. The state has consistently failed to intervene and protect its people against violence by maliciously motivated elements and the certainty of impunity has encouraged them to commit lawlessness.
Insertion of section 298A into the PPC during the process of Islamization is considered as a threat for the religious and sectarian minorities in Pakistan. Although the Blasphemy Laws apply to all Pakistanis alike, whether Muslims or Non- Muslims, however the religious minorities are more prone when it comes to the ‘misuse’ of this law. According to various national and international human rights organizations article 298B and 298C of PPC, coupled with the Blasphemy laws, has further institutionalized the marginalization of the Ahmedia Community in Pakistan. The abstruse legislation and the lack of procedural safeguards has made these laws open for widespread abuse and have reportedly been used to harass and target religious minorities, as well as to settle personal scores or carry out personal vendettas.
By taking certain measures the misuse of this law can be curtailed to a certain extent. For example, the minorities have very limited representation in the Parliament so there is a dire need to increase the reserved seats for the religious minorities. Moreover, the Parliament must have representation of all the religious minorities including Ahmedis, Christians, Hindus, Sikhs, Parsis etcetera and each shall be allotted seats according to their population ratio. The quota for religious minorities in civil and military services of Pakistan shall be fixed and/or increased. The system of separate electorate should also be re-instated in order to secure fair representation for the minorities.
Insertion of section 298A into the PPC during the process of Islamization is considered as a threat for the religious and sectarian minorities in Pakistan. Although the Blasphemy Laws apply to all Pakistanis alike, whether Muslims or Non- Muslims, however the religious minorities are more prone when it comes to the ‘misuse’ of this law
Secondly, at the social front, the state should take measures to revise the curriculum and to make sure that is free of hate speech and intolerance towards religious minorities and reflects pluralism, and co-existence which is the true spirit of Islam.
Thirdly, the state should take all necessary measures to make sure that it abides by the international treaties that Pakistan has ratified (ICCPR ratified in 2010) and also make serious efforts to implement the fundamental rights in letter and spirit to safeguard the status of minorities.
The composition of our criminal justice system includes Police, Prosecution and Courts among others. A criminal case is first registered as an FIR with the Police; the Prosecution carries out investigation upon it, the Courts then check whether the investigation carried-out was impartial and concerns of both the aggrieved parties are addressed adequately. Legal and executive/administrative lapse happens, usually, at the first two stages i.e. the Investigation of Police and the duty of the Prosecution to determine the impartiality of that investigation. There’s no check whatsoever on either the former or the later which makes it difficult for the Courts to determine whether or not there were some executive shortcomings in the investigation. To improve the system, a judicial officer shall supervise the investigation carried out by police.
Section 298B and 298C of the Pakistan Penal Code shall be amended and made objective in nature along with ensuring an independent and accessible judicial system that can dispense justice timely.
Lastly and most importantly, Parliament of Pakistan must make an amendment to make article 36 ‘Protection of Minorities’ a part of Fundamental Rights. Article 36 is presently part of the ‘Principles of Policy’, which states that the principles under this chapter shall be regarded as being subject to the ‘availability of resources’. The Constitution of Pakistan does not include as to what pertains to the availability of resources and do not provide any kind of timeline as by when these principles will be implemented effectively by the state. So article 36, which is meant to secure the status of religious minorities, is a part of non-operational part of the constitution. In fact it renders all other fundamental rights of the minorities useless by linking the implementation of article 36 with availability of resources. Until and unless the religious minorities are given proper constitutional safeguards, we cannot expect Pakistan to be a pluralist society.
In retrospect,there is 1 evidence of the genius of Jinnah, which is providentially proven by the Hindoo Nazis.
ReplyDeleteJinnah – is the only sentient,ever,who sensed the evil of the Hindoo and the Indian vermin, and placed it on documentary record.This is inspite of the fact, that he was surrounded by Hindoo liberals and philosophers,and so called liberals.He saw through the mist, for 100 years into the future.
He saw that Nehru and Gandhi would die and be killed soon and the nation of the Hindoos,would be overrun by the Hindoo Nazis,as it was, in 2014.The Dialectics of History !
It is a simple deconstructed fact of history.The largest extermination in Human history was that of the Buddhists and Buddhism – by the Hindoos,and the philosophy of the Hindoo Pope – Adi Shankara and his litter of impotenticas .And Jinnah read history.
The dubious “Indian Muslims” who are basically the lower caste Hindoos,who converted,are numb nuts and dumb shits (still enslaved to upper caste Hindoos) – who believed the secular nation theory,and the bunk of the Ganga-Jamuna-Saraswati Culture ! There are 200 million of these dumb shits ! It is no wonder that these numb nuts did not create a new Pakistan or join Pakistan !
They are lower caste Hindus who tolerated Hindoo evil for 5000 years – with not a single record of insurrection !
Those who left India in 1947 – did not have the “Indian DNA” – they were not the lower caste hindoos who converted to Islam
Even the Prophet of Islam,did not sense the evil of the Hindoo vermin – although there were several Hindoo vermin, in Mecca,then.The Prophet is supposed to have made statements on the cool winds of Hind and the Prophet-hood of Krishna – which are dubious and meaningless Hadeeths.The Hindoo vermin say that Ramadan is Rama-adan and the “Indian Muslims” say that Rama is a Imam ! This is the Harry Potter tale !
Ghazwa-E-Hind is a prophecy of eventuality (like those of Nostradamus) – not a statement of evil !dindooohindoo
Do these “Indian Muslims” deserve doom ? After 80 years of cinderella and Harry Potter tales,the dubious “Indian Muslims” still do not get it ! These fools believe in the Hindoo Constitution and Judiciary !
https://www.thehindu.com/news/international/caa-nrc-may-affect-status-of-indias-muslim-minority-congressional-research-service/article30409109.ece
And Jinnah saw it in 1930-47 ! The man from London ! There was another genius from London – called – Churchill – who said “I hate Indians. They are a beastly people with a beastly religion.”
There is something about London – the air,weather,wine and women !
And Jinnah’s example,is w/o any peer in human history – wherein, a warrior,king or saint has made a nation by extricating itself from the pits of evil,sensing evil and documenting evil,and then,being proven right,in a span of 80 years.
Jinnah – the genius – the man’s trajectory from wine,pork,cigars,pipes and women to the Qaid !
This is E-V-O-L-U-T-I-O-N !
The 1 flaw in Jinnah – minutae of intellectual discrimination ! Never eat from the hands of a Kaffir or allow the human body to be touched by a kaffir ! He was poisoned by a Hindoo – just like the Prophet was poisoned by a Jew-ess ! dindooohindoo