Justice Jillani’s 2014 Judgment for RMs Hangs in Balance

Aneela Ashraf/Shazia Mehboob

Multan/Islamabad: In the present uncertain times for the nation, the only institution to which the aggrieved could turn for some form of justice is the judiciary.

This is certainly the scenario for different faith minorities who despite ‘not getting the justice’ continue to pin their hopes on judiciary. For different faith minorities, the judiciary is always the last resort whether it is to do with the matter of their basic rights, religious freedom or the question of being recognized as equal citizens under the Constitution.

Despite some representation in the structures of various institutions, faith minorities continue to experience an uphill struggle for their basic rights and freedom of expression and speech. They find themselves constantly knocking on closed doors.

If every citizen of Pakistan has equal rights then their problems are also equal: PBC member Mirza Aziz Akbar

The state actors who have the power to open these closed doors despite positive sound bites and welcoming words regularly fail to deliver whilst claiming to follow the footsteps of the founding fathers of Pakistan who had promised the basic rights and due respect for religious minorities but in real practice, they act differently.

The fact remains that in the country which was created as a safe haven for all its citizens, religious minorities do not enjoy the basic rights and freedom as equal citizens. The life for faith minorities in Pakistan does not compare all too well with the ‘Islamic State of Medina’ which is often held as an ideal to achieve. For faith minorities, the rights and freedom they enjoyed in the State of Medina remain a distant dream

History of Struggles (1985 to 2022)

The plight of different faith minorities in this country worsened after the secession of East Pakistan when the minorities began to raise their voices for their rights.

The Christian community in particular resorted to the law to improve their situation. In the same spirit, since 1985, faith minorities have frequently turned to the courts for their social and political rights and protection, and this struggle continues to this day.

In this regard, Pakistan Bar Council (PBC) member Mirza Aziz Akbar Baig says if every citizen of Pakistan has equal rights then their problems are also equal. Also that there is no difference in the delivery of justice to those in majority and those in minority along faith lines as stipulated by the Constitution. If so, the question arises, why are there severe social, educational and economic disparities between the faith majority and faith minorities?

This seriously impedes faith minorities to access justice, often being faced with a wall of bias and prejudice by the very actors that run and control the system. Often, the struggle to get any form of redress is long and difficult, for example, it has taken the Bohra community 40 years to reclaim their school in Multan which had been nationalized.

Despite the implementation of quota, about 60 to 70 percent of the total quota vacancies are lying vacant in various departments: Social worker Juliet Emmanuel

One of the most important suo motu notices for the rights of different faith minorities in the judicial history of Pakistan was taken by former Chief Justice Tassaduq Hussain Jillani on September 22, 2013 when 81 innocent lives were killed in a suicide attack at a church in Peshawar.

The court heard statements of the representatives of the federation, provinces, and investigation agencies as well as minority representatives, after which a landmark judgment was given on June 19, 2014.

The important thing about this verdict was that it was clearly stated by the court that the file will not be closed and the directives contained in the decision will be implemented in true letter and spirit. However, the response to the court directions remains sporadic by the relevant actors.

As a result, Justice Jillian’s judgment hangs in balance. And the Christian community is still waiting for the execution of the court decision and the implementation of directions given by the apex court in 2014.

Part of the reason for this has been the failure of the judiciary to hold speedy hearings regarding the implementation of the historic decision of Justice Jillani.

The court hearings during the past nine years are as follow:

Year of Hearing	No of  Hearing
2021	4
2020	6 [No action on 4]
2019	2
2018	0
2017	0
2016	0
2015	8
July to Dec, 2014	2

Source: Supreme Court documents

Regional Coordinator Multan-chapter Human Rights Commission Faisal Mehmood said that the decision of Justice Jillani would always be taken as a rare example of equal provision of human rights in Pakistan. However, it is unfortunate that the state institutions are so lacklustre in their approach often impeded by powerful institutional barriers and prejudices.

Minority communities, especially the Christian community, along with human rights organizations, protest every year on the date of the decision to draw attention to the failure of the country’s institutions to implement the decision of the SC.

Mehmood said the state actors will have to ensure equal access to faith minorities in this country if they want to build a soft image of the country. The right activist added that Islam is the religion of peace and guaranties all human rights to non-Muslims but this is only in theory, in practice the reality is very different.

Landmark Ruling Hangs in Balance

The former Chief Justice in his land-mark ruling had directed the formation of a task force to promote interfaith harmony at the federal and provincial levels to prevent and discourage hateful activities on social media platforms against different faith minorities.

A national council was to be constituted to protect the rights of minorities. However, its formation runs into problems at the first hurdle of its formation. As many as six government officials and 11 non-governmental officials were appointed from different political parties, but only three delegates were included from the religious minorities. The imbalance is obvious in the favour of institutions.

It is unfortunate that the state institutions are so lacklustre in their approach often impeded by powerful institutional barriers and prejudices: HRC Multan Coordinator Faisal Mehmood

The SC directed the federal and provincial government to constitute a special task force to protect minority places of worship and obligate law enforcement agencies to take immediate action on any violations related to minority places of worship. According to the documents available with The PenPK.com only 25 per cent progress could be made in this regard.

The details received from IG Office Sindh writes that a summary has been dispatched to the provincial finance department for funds for the establishment of a special task force for the last few months, adding that as the concerned department releases funds work on the task force will be initiated.

If implementation of the apex court has been ensured, the violent incident in Bhong Sharif, a town of Rahim Yar Khan district in Punjab, when a Hindu temple was attacked by a violent mob, disgracing the sanctities of the Hindu community, could be prevented.

ASP Asif Raza when questioned was unaware of any development regarding the development of a special police task force and said some progress might have been made at the top level. It is to mention here that ASP Asif was leading the team which was investigating the Bhong Sharif incident.

The apex court regarding minorities’ worship places ‘security issues, clearly directs the provincial governments to establish a special police force with professional training to protect the places of worship of different faith minorities. To get an update from the Punjab police, when details were sought under the right to information law neither IG Office Lahore responded to the request nor shared the requested information.

Suo-moto notices work when we have an active and transparent investigative system: Centre for Social Justice Executive Director Peter Jacob

Centre for Social Justice Executive Director Peter Jacob said suo moto notices work when we have an active and transparent investigative system. He said that it is the police which is the final authority to develop reports, emphasizing that the real problem lies in the implementation of the law.

Another aspect of the apex court decision was the requirement of federal and the provincial structures to establish minority quotas for all jobs and to work towards a unified curriculum with religious and social harmony at its centre.

Pakistan Hindu Council Patron-in-chief Dr Ramesh Kumar Vankwani said there is a need to review the national curriculum which is the root cause of many problems faced by religious minorities in this country.

However, according to the 8th report of the One-man commission, the federation, Punjab and KP made some progress on the quota system but no reports from Sindh, Balochistan, Gilgit-Baltistan and Azad Jammu and Kashmir were received by the Commission.

As per documents from the Federal and Punjab public service commissions, thousands of posts were advertised under the quota in the years 2016 and 2017, most of which the candidates could not succeed.

In this regard, social worker Juliet Emmanuel said that despite the implementation of this quota, about 60 to 70 per cent of the total quota vacancies are lying vacant in various departments. First, we must address the inherent disparities in the education sector. These quotas need to be vigorously applied for equal education for them, she added.

There is a need to review the signal national curriculum which is the root cause of many problems faced by religious minorities in this country: Dr Ramesh Kumar Vankwani

Appropriate curriculum was deemed essential for inter-religious harmony by the 2014 Supreme Court judgment. Although the existence of such a curriculum is already provided under Article 22 of the Constitution, notwithstanding this, the fact that the matter was given due consideration and prominence by the court is very important.

At first, no special attention was paid to curriculum development after the 2014 judgment. The PTI government received work on this front in 2018 under its banner of the “signal national curriculum”. A report was submitted by the Federal Ministry of Education to the Supreme Court about progress on development an inclusive curriculum. However, the apex court on March 31, 2021, ruled that the performance of the education ministry was not satisfactory.

Meanwhile, the One-Man Commission led by Shoaib Suddle, which was formed to monitor the implementation of the 2014 judgment, had advised the Supreme Court that religious content from textbooks of the subjects should be consolidated and moved to the dedicated subject of Islamiyat only. But this advice was criticized by many quarters, including the Council of Islamic Ideology (CII).

The unified curriculum requirement in accordance with the 2014 court order is still in limbo. It seems that the education ministry is directionless on this important issue. This may be deliberate or institutional navel-gazing.

CII Chairman Dr Qibla Ayaz said the new government of PML-N and its allies has shown intention that a committee will be formed to address the matter. Federal Planning Minister Ahsan Iqbal has announced to hold a national curriculum summit in this regard. However, no official notification has been issued so far.