DISCRIMINATORY LEGISLATION

Report on the Religious Minorities in Pakistan

Prohibition Laws:

Liquor was banned for Muslims in 1976 but non-Muslims were allowed to consume, purchase and manufacture liquor on special permits by wide rules under the Hudood Ordinance 1979.

This law became a source of religious discrimination, as non-Muslims were seen as ‘officially catered for immoral’ by the orthodox Muslims. A study of the reported cases by the NCJP included following conclusions;

i. It is only hypothetical to say that Prohibition laws have worked in Pakistan and it would be wishful thinking to maintain that these laws had any good impact on the society. However there is no doubt about its adverse effect on non-Muslim citizens.

ii. That the majority of the consumers of liquor are from the majority community and not the minority communities. Moreover, that home-brewed liquor is the most frequently used, after imported brands.

iii. The stock that was seized by the police was either imported or home brewed, though locally manufactured liquor is sold and consumed legally and frequently. The supply is governed by the local demand which is among the two economic groups having different purchase powers. Therefore the largest quantity seized was either home brewed or imported.

Shalimar police arrested Naveed Masih and Arshad Masih from Lahore, on the allegation of illegally possessing 30 bottles of liquor.                                     Daily Nawa-e-Waqt September 24, 2006

On September 10, 2006 police arrested Jabbar Masih, Aqeel Nazir and Shahzad Masih resident of Christian Colony Chakwal with 216 bottles of liquor. Police registered a case against the accused under section 3 and 4 Hudood Ordinance and sent them to jail. Aqeel Nazir’s bail application was rejected by the Magistrate and the case was pending before court.

The accused reported that the liquor belonged to several lawful permit holders and consumers who were absent because of an accident. NCJP Report

Repeal of discriminatory laws demanded

Religious minorities including parliamentarians, delegations of Christians, Hindus, Sikhs, Parsis, Buddhists, Kalash and Bahais from across the country and abroad participated in a conference at Islamabad and demanded repeal of discriminatory laws.

It was said in the conference that discriminatory laws hijacked the civil rights, deplored the violation of the rights of non-Muslims in the country and attacks on their religious sites by mobs especially during the cartoon issue.

It was also said that growing religious intolerance was a key issue in the country and it was time to combat extremism by uniting minorities and progressive sections. Setting up of a permanent minority commission was also proposed.                                            Daily Dawn 22 April, 2006

Recommendations

We demand:

1. An amendment in the Constitution of Pakistan to acknowledge the multi-religious, multi-cultural, multi-national, multi-ethnic linguistic status of the Pakistani society. The Constitution must make no preferences among the citizens on the basis of religion. Therefore; we ask the repeal of Article 2, Article 31, Article 31-D, Article 41, Article 203, Articles 203 A-J, Article 227 and Article 260.

2. A repeal of all legislation in the name of Islam which has been proven to be unjust namely Hudood Ordinance, Blasphemy laws (Section 295 B, C and 298 A, B and C), Shariat Act 1991, Law of evidence(Qanoon-e-Shihadat) and Qisas and Diyat Ordinance.

3. Abolition of policies styled on the religious basis e.g. granting 20 extra marks for the ability to remember holy Quran by heart (Hafiz), six months rebate to prisoners on learning Quran and visit to religious sites on government expanses.

4. We strongly urge the government that prohibition laws should be revised on the basis of ground realities and needs of the society rather than any interpretation of religious edict.

 
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