Issues of Religious Freedom, Pakistan’s 1973 Constitution and International Laws
Humera Ishfaq*
Jinnah had said 'In course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense because that is the personal faith of each individual, but in the political sense as citizens of the state'.[1] What did we do with the vision of Jinnah, the founder of Pakistan? It is clear from our present situation that we have destroyed the spirit of his vision. The 1973 Constitution of Pakistan also states 'All citizens before law  are entitled to equal protection of law…every citizen shall have the right to profess, practice and propagate his  religion' (Article 25).

Similarly, according to the UN’s Universal Declaration of Human Rights (UDHR), ‘Everyone is entitled to all the rights and freedoms set forth… without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’ The question again arises, what happened to constitutional, legal and international laws and declarations, which were developed by Government of Pakistan and United Nations? Unfortunately, we have violated these glorious principals at the level of state and society.

It is important to note that Pakistan is signatory to international covenants and treaties. This obligation and commitment is faithfully translated in certain articles of the Constitution of 1973.  However, ‘the fine words guaranteeing constitution safeguards to non-Muslims of Pakistan were never matched by reality’ (Salim and Bilal 2006). Again, the question arises how to deal with these contradictions?

This paper will review and analyse articles of international laws, treaties and covenants. It will explore how their spirit is translated into Pakistan’s Constitution of 1973? Are we fulfilling the international obligations that Government of Pakistan has made with the international community? And if not, what measures should be taken to force the state of Pakistan to fulfill her commitments in safeguarding the rights of non-Muslims Pakistani communities? In conclusion, the paper will provide a set of recommendations such as repealing discriminatory laws; reforming educational texts that go against minorities; and provide them equal facilities to guarantee their human and personal rights.

References

Salim, A. and Bilal, G. 2006, ‘Equal Citizens?’ Friedrich-Naumann-Stiftung, Islamabad, 2006. 


[1] M. A. Jinnah’s address during Constituent Assembly of Pakistan on 11 August 1947.

 

* Dr. Humera Ishfaq is lecturer of Urdu literature at the International Islamic University, Islamabad, Pakistan. She is short story writer, literary critic and folklorist. She has authored and compiled 12 books.