The Constitution of Pakistan is the guardian of the fundamental rights of its citizens, irrespective of religion, caste, creed or colour.  Articles 25 and 20 of the Constitution provide equal protection of the law, prohibit any form of discrimination, and provide guarantees of religious freedom, freedom of thought and conscience to the citizens. However, due to several interconnected factors, society has become increasingly unaccepting of the faith of minority communities, and has slid towards ‘majoritarianism’. This drift away from democratic ideals has allowed certain sections of the majority to gain disproportionate space in Pakistani society.  

In this context, a research was carried out (between November 2015 to January 2016) to gauge the level of religious discrimination within the legal fraternity, and how much of the society’s attitudes towards minorities are reflected in the justice system.  It assessed the Bar associations, their structure and the level of integration of different religious groups within these bodies. In addition, it determined the perception and opinions of practicing lawyers on human rights, equality and other ideals; and assessed to what extent internationally accepted standards are adhered to. There were a series of interactions with judicial officers, regarding the concept of religious freedoms, equality, equality of law and how they manifest within the judicial system and the decisions of the courts. 

During the course of the study, it was observed that the Bar as well as the Bench have exhibited insensitivity and in some cases outright discrimination towards non-Muslim legal practitioners; its reflection can be seen from Bar politics in hiring of judicial officers, and in some incidents even in the decisions made by the courts. The study recommends that certain constitutional and legal provisions should be revisited in light of internationally accepted norms on equality and human rights. The judgement of the Supreme Court in a suo moto action regarding a ‘suicide bomb attack on 22 September 2012 on a church in Peshawar, and threats given to the Kalash tribe and Ismailis in Chitral’ should be implemented. Better training for judges along with comprehensive and fair selection process should also be ensured for all candidates.  In addition, adequate opportunities and fair chances of progression should also be afforded to non-Muslims within the judicial system.