Effects

a) A state only sets a bad precedent for its citizens by such a reservation. It sends an unequivocal message that the rule of merit can be compromised for the inclusion of the preferred and that the exclusion of segments of citizenry is no vice. Furthermore, the exclusivism, once underway, knows no bounds.

b) Such a constitutional and legislative approach gave way to the self-image of a “never satisfied character” with self-pity a galore. On the other hand, the statutory endorsement of discrimination created space for power politics. The political stability became an elusive dream, because the very principle of the equality of all citizens had been compromised in the most authentic national document.

c) The trickle down effect of these Articles was horrific. The mindset influenced by these articles is reflected in incidents of religious intolerance where individuals refused to accept the right of religious minorities to occupy even the pettiest of government jobs. There is chorus heard everywhere now and then by religious and sectarian organizations demanding removal of Ahmadis from ‘key posts.’ Given these provisions and policies that culminated the representation of religious minorities drastically changed between 50s and 90s in the superior services, judiciary and administration, because the discrimination on the basis of religion became a legally and officially accepted norm.

More on the Constitution:

No law repugnant to Islamic injunctions (of course as expounded by the clergy) can be enforced in Pakistan, Art. 227.

• A Council of Islamic Ideology is functioning in the country for past 50 years, with an advisory constitutional role to oversee the Islamic sanction of a law till 1977 but a mandatory intervention since the amendments introduced by Gen. Zia regime; Art. 203 A-J.
The Council neither had representation of religious minorities nor were the sentiments and interest of religious minorities taken into account in its recommendations. Yet the consequences of its actions and its expenditures are borne by the whole nation.

• The government is entrusted to promote the Islamic way of life under Art. 31.

• The Federal Shariat Court has power to declare any law defunct if repugnant to Islam and to suggest amendments in such laws under Art. 31-D.

Federal Shariat Court is a parallel judicial system, whose utility remains unevaluated by a competent body and yet unproven. Its jurisdiction extends to the whole of Pakistan. Article 203-E (4) says that only a Muslim lawyer is in entitled to appear before the Federal Shariat Court.

A non -Muslim can neither be Judge nor can appear as a lawyer and witness in the Federal Shariat Court. Maximum one can only be a petitioner whereas the petition is to be decided according to the Islamic injunctions.

There are divisive laws that discriminate on the basis of religion and are source of human rights violations:

a) A Shariat Act was passed by the parliament in 1991, which made Sharia the “Supreme Law” of the land. The Act also protects outdated and redundant Personal Laws for religious minorities.

b) Zakat & Ushar (religious taxes for the Muslims) laws discriminate not only between non-Muslims and Muslims but also between Muslim sects. Deducting Zakat by the banks has caused division and discrimination among the citizens of Pakistan. Moreover these taxes, according to interpretations, are not to be spent on the welfare of religious minorities.

c) The Hudood and Zina Ordinance are part of criminal law. It fails to make a distinction between rape and adultery, (the Commission of Inquiry for Women, constituted by the government, demanded repeal of this law in 1997) and makes a religious law and punishments applicable to non-Muslims, which are against their belief system.

d) The Qisas and Diyat Ordinance (Shariat Laws regarding homicide and blood money) is part of Pakistan Penal Code since 1990. Even though, it has been criticized by eminent jurists and human rights activists and should not be applicable to non-Muslims.

e) The Law of Evidence (Qanun-e-Shahadat) 1984 reduces the value of court testimony of a Muslim woman and non-Muslim citizen to half of that of a Muslim male, in cases constituted under Islamic laws. Section 3 of this ordinance says: The court shall determine the components of the witness in accordance with the qualification, prescribed by the injunctions of Islam, as laid down in Holy Quran and Sunnah for witness, and, where such witness is not forthcoming, the court may take the evidence of a witness who may be available.

f) Many lives have been lost and hundreds of families have suffered due to blasphemy laws (Sections 295- B & C, 298- A, B & C of the Pakistan Penal Code), enforced gradually since the 1980. These laws are tool of persecution of religious minorities.

g) There are some criminal laws that bar appointment of a non-Muslim judge as a presiding officer (Judge). That must be a reason why in the subordinate courts where the trials of criminal cases take place there is hardly any non-Muslim judge in Pakistan’s judiciary.

h) The separate electorate based on religious apartheid was abolished in 2002 after a struggle for two decades. However it continued to be in practice in 2005 as far as local bodies system is concerned.

There are a number of regulations and policies concerning; syllabus for educational institutions, government controlled media, concessions for the inmates in jail, admissions and filling vacancies that are based on biases for religious minorities (discussed in first three chapters).”