Despite clear instructions of the SC, marriages of Christians could not be registered with NADRA
LAHORE: Landmark judgment of the Supreme Court (SC) to protect minority rights in the country is significantly lagging behind and is often left without due consideration, says an evaluation report on its implementation.
The judgment was passed in June 2014 but so far it is not implemented. The report — When Compliance Fails Justice — is prepared by Peter Jacob, head of Centre for Social Justice. The judgment had directed for constituton a taskforce for developing of a strategy of religious tolerance, curricula to be developed at schools and college levels to promote a culture of religious and social tolerance, take steps to ensure that hate speech in social media is discouraged and delinquents are brought to justice, constitute a national council of minority rights to monitor the practical realisation of the rights and safeguards provided to the minorities. The judgment also directed for establishment of a special police force to protect the places of worship, ensure enforcement of recent policy directives regarding reservation of quota for minorities in all services, law enforcement agencies should promptly take action against violation of any rights guaranteed under the law or desecration of places of worship, and the court office shall open a separate file to be placed before a three member bench to ensure that this judgment is given effect.
The report said that the federal government was the most defiant and had no compliance to report on the specific two orders by the SC during all 10 hearings till September 2016. Punjab is next in this sequence followed by Khyber-Pakhtunkhawa, Sindh (K-P) and Balochistan, it said. Balochitan, the least resourceful and a troubled province was the most accommodating to the rights of minorities, whereas Punjab the most populated and resourceful was least compliant. The accumulative reported compliance by the federal and provincial governments did not go beyond 32 per cent, the report said. This level of compliance, and the factors used to come to this figure put in stark view some of the obstacles which continue to stand in the way of implementation of human rights standards in Pakistan, including lack of will amongst decision makers and implementers.
Out of seven initial orders dealing with safety and security of places of worship, measures for discouraging religious hate speech the two orders that received better compliance and reporting were; security of places of worship and reservation of job quota, though serious gaps in implementation were found in these areas too, the report said.
According to the report at one point the SC bench conducting proceedings on compliance was obliged to call attendance of top bureaucracy of provinces and attorney general of Pakistan which showed that the court felt the need to addressing the gaps in compliance by reaching certain unanimity of understanding regarding the compliance of the judgment. Even then the compliance reports reflect a passive response of the decision makers regarding the implementation, said Peter Jacob. He said only one meeting was held in both and directions given by CMs in provinces of Punjab and Balochistan; one meeting each at chief secretary and IG police level in K-P, Balochistan and Sindh was held, whereas, none of the five governments set up any implementation bodies, he said. He added that none of the five cabinets or inter-ministry level deliberations were carried out. No substantive discussion was reported at House or Standing Committees levels in provincial and federal parliaments, he said. This ground breaking study cross-checks its findings with the experiences and views of the petitioners, applicants following up the proceedings at the SC.
Speaking at the report launching ceremony, Shahid P Mehraj, dean of Lahore Cathedral, said courts dispense justice but other institutions of the state become hurdle in their way. He said despite clear instructions of the SC, marriages of Christians could not be registered with NADRA. He said the Chief Secretary seems to have no time beyond obedience to the head of the provincial government. He said this judgment can help in finding the missing Pakistan which was made by Quaid-e-Azam.
Rana Tanveer
Published in The Express Tribune, December 2nd, 2016.
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