Qualified Equality: Forms of Indirect Discrimination in Pakistan
Shaqaib Arslan*
Zain Mansoor**
Rule of law not only remains an indispensable doctrine for an equitable society, but also provides the foundation for impartial administration and governance, where equality and non-discrimination remain its cornerstone. The focus, amongst  other pertinent issues, remains on the executive branch of the state, especially in the context of lack of implementation of liberties and protections, lack of affirmative actions and non-formulation of a comprehensive minorities (religious) policy. Indirect discrimination is more complex to identify and comprehend in general, but it is deep-rooted in socioeconomic and politico-legal systems. 

This research is second in the series of reports on ‘qualified equality’, the first of which dealt with constitutional provisions and how these can be interpreted in ways that are detrimental to the rights of minority groups conducted from October-December 2015 under Dai-AAWAZ.  The focus in the present study is on the indirect discrimination which members of the minority community working in the public sector face in various facets of their employment. It is based on an ongoing project being conducted in Islamabad, Karachi and Lahore in which interviews are being conducted of several government employees in various provincial and federal ministries/departments, belonging to minority and majority religions of Pakistan. The study will identify some of the legal shortcomings  (such as whether or not the 5% quota in government jobs marked for minorities is being strictly followed or not) which if not rectified, can have serious repercussions.

* Mr Shaqaib Arslan Lilla is a practicing lawyer and lecturer of Constitutional and Human Rights Law. Based in Rawalpindi/Islamabad, he has been practicing law since 2009. He is associated with AAWAZ, Islamabad, as a consultant for various research projects.
** Mr Zain Mansoor is a Barrister of the Honorable Society of Lincolns’ Inn, United Kingdom. He has a Masters in Law (LLM) from the School of Oriental and African Studies (SOAS), University of London. He has been practicing law for the last ten years with experience in both the United Kingdom and Pakistan. He is associated with AAWAZ, Islamabad, as a consultant for various research projects.