“You are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan…”. These were the historic words spoken by the founding father of Pakistan, Muhammad Ali Jinnah, three days before the birth of the nation. Fast-forward 73 years, a Hindu temple older than the State itself is burned and torn apart by a radical religious mob. Any consequences? An extolling group of police officers fuels the fires by chanting “All Praise be to God”.
“You may belong to any religion or caste or creed- that has nothing to do with the business of the State…”. In further defiance of these words, a 13-year-old Nayab Gill was abducted, forcefully converted from Christianity and married off in a “traditional” line of atrocities against minors and minorities. Any consequences? The Lahore High Court awarded the child’s custody to her kidnapper. Such monstrosities being committed under the state’s nose begs the question: is the state adhering to its constitution? If so, does that signify that the democratic charter also contravenes Jinnah’s vision of a secular Pakistan?
CONSTITUTIONAL PROTECTION
14 August 1973 saw the ratification of a brand-new democratic structure for Pakistan following decades of dictatorial rule. In establishing a democracy, it was essential for Pakistan to develop constitutional provisions granting and protecting religious minorities’ rights. The main provision dealing with minorities’ rights is article 20. Specifically, section (a) grants every citizen the right to profess, propagate, and practise their religion while section (b) expounds on the previous sub-provision in granting every religious branch/sect the right to establish, maintain, and operate its institutions. Moreover, article 36 explicitly guarantees minorities’ protection by the state itself. In conjunction with article 20, it appears these provisions somewhat support the secularist idea. Not the entirety of the constitution though. In addition to being an “Islamic Republic,” certain provisions truly make Jinnah’s secular vision a mere dream.
ENTER THE AHMADIYYA
Following a constitutional amendment in 1974, the Ahmadiyya were explicitly declared as “non-Muslims” under the regime of Prime Minister Zulfiqar Ali Bhutto. Specifically, article 260, section 3(b) declares them as non-Muslims for the purpose of law and constitution. This political move resulted in persecution, harassment, and discrimination of the Ahmadiyya at the hands of the state, especially under General Zia-ul-Haq’s regime. Under the highly controversial Ordinance XX ruling, Ahmadis could potentially land on death row for practising what was originally their fundamental, constitutional right. In its process of marginalising the Ahmadis, Pakistan lost promising talent and its future leaders; be it the Nobel-Prize winning physicist Abdus Salam or the International Monetary Fund (IMF) declared top 25 economist Atif Mian, who was controversially removed from his position on the Economic Advisory Council by Prime Minister Imran Khan in 2018. The nation also forgot to teach the children about Muhammad Zafrullah Khan, an Ahmadi Muslim who was one of the closest allies of Jinnah in founding Pakistan, the first Asian and only Pakistani to preside over the International Court of Justice (ICJ), and is the only person to date who served as the dual-President for both the UN General Assembly and the ICJ. In brewing religious hatred, Pakistan has continuously dug its grave deeper.
CAN THE SECULAR DREAM BECOME A REALITY?
With the current form of the constitution, it is unlikely Pakistan could ever embrace its founder’s vision. A constitution that marginalises a religious group empowers the majority to exploit the minorities. When such a constitution is applied in Pakistani society, it causes several issues to arise. Most importantly, the general lack of accountability and bizarre blasphemy laws give mainstream Muslims a free pass to violate the minorities’ rights. The most notable case epitomising this scenario is that of Asia Bibi. When the secular politician Salman Taseer raised his voice for her death sentence to be quashed, he was gunned down by his bodyguard in a marketplace. When his murderer Mumtaz Qadri was sentenced to death, the nation unsurprisingly celebrated him as a “martyr”. With right-wing politicians, policymakers. and clerics leading the country, it is unlikely that minorities will be able to truly thrive and claim their rights. Unless the constitution is remapped to be more fundamentally inclusive for every religious group, the powerholders are held accountable and the blasphemy laws are amended, Jinnah’s vision would soon devolve to become a quixotic tale.
Mattas is a student at King's College London, reading Law (LLB). He is currently a mooting officer at the KCL Bar and Mooting Society. His research interests include public international law, human rights law, political theory, and comparative government.