All the states in the world have heterogeneous populations, with minorities there on the basis of race, creed, language, religion, culture, or social and political differences. The minorities in a state or area have some cultural, political, social, linguistic, or religious problems. In the past, there were no respectable places for the theme, but with the passage of time, their needs and rights were highlighted. Now, throughout the world and particularly in the modern states, minorities are considered equal citizens of the state. Their political, social, economic, and religious rights are fully guaranteed through constitutions.
ISLAM AND MINORITIES
Islam is a complete code of life. It provides solutions to all the problems faced by mankind. It is Islam that gives legal protection to minorities for the first time. Quran explains the fundamental rights “Haqooq-ul- Ibad.” By following the principles of the holy Quran, an ideal society can emerge. The prophet Muhammad (P.B.U.H)is merciful for all people, not for Muslims only, as he is ‘ RAHMET –UL- ALAMEEN.’ As the Quran says, “And we have sent you as mercy a mercy to the entire world. “ (Al-Quran)
Islam provides religious freedom to minorities and emphasizes treating them as equal citizens of the state. Prophet of Islam stated; “Beware, whoever is cruel and hard on a non Muslim, curtails their rights, burden them with more than their capacity, or takes anything from theme against their will, I (Muhammad) will complain against the person on the DAY OF JUDGMENT.”
In Islamic society, all citizens, Muslims and non-Muslims, enjoy equal rights, and religion does not become a factor in discrimination. Muslims and non-Muslims are equal in the eyes of the law in a Muslim state. Islam does not allow a state or individual to impose his will or faith on others. It is forbidden in Islam to convert non-Muslims in the fold of Islam by force. According to the Quran,” there is no compulsion in religion”(2: 56). As in India, the Muslims remained rulers from 712 to 1857, but they never tried to change their minority into a majority. Islam considers non-Muslim elements of the society as respectable and equal citizens of the Muslim state. Non-Muslim minorities are provided with the following rights in a Muslim state.
The non-Muslim minorities in Muslim countries are free to leave according to their known laws and to maintain their culture. They should never be ruled by Islamic laws against their wishes.
The able Muslims are bound to pay Zakat; if they refuse, then it is the state’s duty to collect Zakat from them by force. Non-Muslims are exempt from Zakat; instead, they are bound to pay Juzya, which is very nominal compared to Zakat. In turn, the state is responsible for providing theme protection internally and from foreign aggression.
Non-Muslims are allowed to deal with their matters according to their religion. They were also allowed to come to Islamic courts for their matters. According to the Quran, “If they come to you (O Muhammad), judge between them or turn away from them” (5: 42 ).
Islam provides security and protection to properties, places of worship and faith of the minorities in Muslim states and guarantees full religious freedom. The Prophet of Islam says, “it is not lawful for you to take property of the people of minorities unless you pay for it”.
Islam strictly disagreed to adopt a method of invitation towards non-Muslims, which affects the religious honour of their religions. To protect their religious honour and independence, Islam says never to use hard words about their religious matters and religion. They are free to adopt any profession or business like other Muslims. In Muslim states, minorities enjoy equal rights to social justice. The state is responsible for providing them with social security. The poor, disabled and old should be treated as equal to the Muslims.
The last speech of Muhammad (P.B.U.H)is a clear message to all humans. That is the best definition of human rights. That is the first modern charter of Fundamental Rights, which eliminates all discrimination.
In Europe, the status of religious minorities was accepted, and legal protection was provided to them in the 19th century. The first half of the 20th century was a period of distraction. The world faced two world wars. In 1945 the world leaders gathered for peace and prosperity. They founded the United Nations Organization for the maintenance of peace.
Universal Declaration of Human Rights
The U.N.O felt to establish a global bill of human rights which bound every state in the world to recognize the equal right to life, property, religious freedom, culture and the use of his own language without any political, economic or religious discrimination. After negotiations, the world leaders agreed upon a joint declaration. The
General Assembly adopted the declaration on 10 December 1948. By the adoption of the Universal Charter of Human Rights, all the people of the world legally got freedom and protection against any sort of discrimination. All the people of a state became equal citizens. The Universal Declaration of Human Rights provided that;
“All humans are born free and equal in dignity and respect without any distinction of race, colour, sex, religion, political opinion, national or social origin. Everyone has the right to life, liberty, freedom of movement and residence, freedom of thought and freedom of opinion.”
Everyone has the right to freedom of peaceful assembly and association, right of access to service, right to work and free choice of profession. Everyone, without discrimination, has the right to equal pay for equal work. Everyone has the right to education and political activities, directly or indirectly.
Minorities in Pakistan
Pakistan came into begins on the basis of ideology. The ideology is based on Islam. According to the Muslims, the sub-continent is a separate nation. Although the Muslim community of South Asia is heterogeneous in nature. The Muslims of South Asia belong to different areas. They have different colours and races, they speak different languages, and they belong to different sects of Islam, having differences from each other on the basis of religion. But the bond of Islam and the definition of Muslim Ummah combined them under one umbrella. According to Dr Naushad, the ideology of Pakistan passes through different phases. Dr Alama Iqbal gives it a philosophical exposition, Chaudry Rahmat Ali and his colleagues made the word Pakistan public in 1933, and Quid-e-Azam translated it into political reality.
This political reality was given legal sanction in 1949 by the constitutional assembly by passing the Objective Resolution. Quaid-e-Azam was well aware of the rights of the minorities. He declared that the minorities in Pakistan would have equal rights and that they would be equal citizens of the state.
Addressing the Punjab Muslim League Conference at Lylpure on November 18, 1942, he assured the Christians and Adharom Associations that the right of their communities would be fully safeguarded according to the injunctions from the highest authority, namely the Quran, that a community must be treated justly and fairly.
On August 10, 1947, in his famous Presidential address to the Constitutional Assembly of Pakistan, he said, ”You are free to go to your temples you are free to go to your mosques or any other place of your worship in this state of Pakistan. You may belong to any religion, creed or race that has nothing to do with the business of the state. We are starting with this fundamental principle that we all are citizens and equal citizens of one state. Now we should keep that in front of us as our ideal, and you will find that in the course of time, Hindus and Muslims would ceased to be Hindus and Muslims, not in the religious sense because it is the personal faith of each individual, but I political sense as citizens of the state” (Dar, 1998).
It is very clear that the minorities in Pakistan are equal citizens. They are equal in respect and honour, like the Muslims. In Feb. 1948 Quid-e-Azam stated;
“Islam and its idealism have taught us democracy. It has taught equality of man, justice and fair play to everyone”.
According to Islam, all humans are equal, and there is no discrimination. Quid-e-Azam was fully aware of Islamic teachings and was a man of principles. Basically, he was an outstanding Barrister-n- Law, and in this capacity, he highlighted Fundamental Rights for the protection of minorities. Like Quid-e-Azam, Liaqat Ali Khan also believed that Pakistan should be a progressive, democratic polity founded on Islamic rules of religious tolerance, social welfare and the equal rights of all citizens.
Chairman of the first session of the Constitution Assembly of Pakistan
The inaugural session of the Constitutional Assembly of Pakistan was started in Karachi on the 10th of August 1947. On the first day of the session, Jogendra Nath Mandal, a member of the non-Muslim community from East Pakistan, was elected as temporary chairman. On the 14th of August 1947, the first cabinet of Pakistan was approved, having seven ministers. Among them one was J.N Mandal. He is appointed as minister of Law and Labour. (Khan, 2011). Quid-e-Azam practically proved that the minorities of Pakistan have equal rights and they are equal, respectable and responsible citizens.
Liaqat – Nehru minorities pact
After independence, problems faced by minorities, particularly in India. Pakistan was aware of the problem. To solve the problem, Liaqat Ali Khan visited India and signed a treaty with Nehru on 8th April 1950 for the safeguard and protection of minorities. Known as the Liaqat – Nehru Pact. The pact provided that the minorities throughout Pakistan and India are given complete equality of citizenship, and their life, honour, property and culture will be protected. The minorities of both countries will be given freedom of speech, occupation and worship. Pakistan and India agreed to set up a recovery office for the recovery of abducted persons. In 1952, 8326 Muslim women and children were recovered in Pakistan and handed over to India, while 16900 in India were handed over to Pakistan.
Objective Resolution
The Constitution Assembly of Pakistan passed the Objective Resolution on 12 March 1949, which confirms the sovereignty to Allah almighty. It was the infrastructure of the coming constitution. The Objective Resolution is not silent about the rights of the minorities in Pakistan. According to it, minorities should be free to profess and practice their religion. The principles of democracy, freedom, equality, tolerance and social justice shall be fully observed. Adequate provisions should be made so that minorities can practice their religion and develop their culture.
Fundamental rights shall be guaranteed, including equality of status and social, economic and political justice. Freedom of thought, faith, belief, worship and association shall be guaranteed.
The Objective Resolution provided security to the minorities. In other words, it gave a legal sanction to the words of Quid. The religious elements in Pakistan also emphasise the rights of minorities. In January 1951, a convention was held in Karachi to prepare a constitutional proposal. The convention was attended by 31 prominent Ulama belonging to different sects of Islam. In their proposed draft, the rights of minorities were highlighted as: All the non-Muslims shall enjoy full freedom of religion and worship.
“No citizen shall be deprived of his basic rights on the basis of any discrimination. All the citizens are equal in respect and honour.”
1956 and 1962 Constitutions of Pakistan and minorities
On 23 March 1956, the constitution was enforced in the country. The Constitution provided the following basic rights to all citizens irrespective of their religion, cast or creed. Security of life and property and freedom to religious practices and worship are provided. Freedom to movement, speech, peaceful assembly, and profession are provided. Freedom of thought, faith, and opinion are guaranteed. The constitution of 1956 was abrogated in 1958 by the military and introduced later on in 1962 in the country. The military government also provided protection to minorities. The constitution of 1962 also provided the same provisions for the safeguarding and protection of minorities as the 1956 constitution.
Constitution of 1973 and the rights of the minorities.
The Constitution of 1973 provided to minorities. It laid great emphasis on Fundamental Rights. The fundamental rights are as follows:
“All citizens are equal before the law. No person should be deprived of life and liberty. There should be no discrimination on the ground of religion, cast, creed, sex or place of birth. All forms of slavery and forced labour are prevented. The freedom of speech, expression, association and cultural activities are guaranteed. The freedom of religious teaching of minorities within their institutions is granted. Safeguards against discrimination in government services are provided. Protection for the maintenance and development of the religious institutions of all communities is provided.”
In the early 50s, it was demanded that the Ahmadis be declared as non-Muslims on the basis of their beliefs. However, the movement gained nothing at that time. Then, in the Bhutto regime, the movement once again started in full swing. Country-wide agitations and strikes were started to press the government to declare Ahmadis as non-Muslims. Finally, Bhutto took the issue to the National Assembly. The National Assembly, after the consideration, passed the second amendment to the Constitution in September 1974.
Electorate System of the Minorities
Nowadays, it is an issue of what system of elections will be bitter for the communities. In 1979, General Zia introduced a separate electorate system for minorities, and new constituencies were made for national and provincial assemblies. The system was legalized by amending the Articles 51 and 106 (Khan). In the elections of 1971 and 1977, the Pakistani People’s Party captured all the non-Muslim votes as it was a liberal party, and Zia wanted to minimise the vote bank of PPP (Khan). Though it was a good system for them as they could freely elect their representatives, the constituencies were so vast it the objection was raised that it is very difficult for a person to contact his representative and the local problems could not be solved by the local (Muslims) members as they have not any interest because they are not their voters. In 2002, the system of a separate electorate was abolished by Pervez Musharaf, who introduced the proportionate system of election. in this system, the seats reserved for the non-Muslims are distributed among the political parties according to the votes they acquired.
The system is better than the previous one, but some elements raised objections that in this system, the communal members are bound to the policies of the political parties and do not work openly for the communities of their own.
Minorities Seats in the National and provincial assemblies
In the Constitution of 1973, the number of seats for minorities in the National Assembly is 10. In Baluchistan 3, KPK 3 , Punjab 8, and Sindh 9, so the total number of provincial seats is 23.
Senate:- There was no representation in the Senate before 2009. In 2009 in the Senate, 4 seats were raised through the 18th Amendment. Now the total number of seats in the Senate is 104. One seat was allocated to all four provinces reserved for minorities.
Local Bodies:- In 2001, Musharraf introduced the new local-bodied system in the country. in which the minorities were given representation
Suggestions
It is demanded that the number of seats in the assemblies of the minorities should be raised as it is less than their population ratio. They are right because when in 2002, the number of seats was revised in all the assemblies of Pakistan, but the reserved seats of the communities remained as before, and there was no change in their seats. According to calculation minorities are 4 -5% of the total population. If we consider it 4% then
Muslims ……….. 332 /96 = 3.4
Non Muslims…. 10/4 = 2.5
Here, 3.4 and 2.5 are units, so 2.5 is much less as compared to 3.4. Let’s now consider putting 13 instead of 10 in the non-Muslim seats.
Muslims ……….. 332 /96 = 3.4
Non Muslims…………..13/4 = 3.25 or 3.3
Now it is clear that 3.4 and 3.3 are almost equal, so if they have 13 seats in the national assembly, it will meet their demand rightly.
The separate electorate system has the problem that the members are beyond the approach of the layman, and secondly, it is expensive because of the vast constituencies. In the general elections they can not win the seats with 4% votes . it will be better to introduce the system of double votes for minorities . as they will elect their candidate in a separate system, but they have the right to vote in the general seats, so the MPAs and MNAs of general seats will be bound to solve their problems as they will be their voters.