ISLAMABAD:
Chief Justice Iftikhar Muhammad Chaudhry while disposing of petition of Pakistan Hindu Council on Thursday declared that in the existence of article 20 of the Constitution there was no need for special legislation regarding the protection of the rights of minorities.
Heading a three-member bench, the chief justice remarked that article 20 says subject to law, public order and morality, — (a) every citizen shall have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
Akram Sheikh, counsel for the Hindu Council, stated that incidents of forced religious conversion were being witnessed in rural areas, therefore the court should ask the parliament to enact legislation for the prevention of such incidents because it is the matter of fundamental rights.
The bench observed that there was no forced religious conversion in Islamic teaching as Islam was spread all over the world through love not sword.
Sheikh said that there should be a law for giving punishment to those, who forcibly convert the religion of others.
Upon this, Justice Jawwad S Khawaja reiterated that article 20 guarantees the religious freedom and there is no need for further complication.
He said that in Pakistan people believe that new laws would resolve the problems but the matters would be settled through the implementation of laws. The chief justice said that minorities’ rights were already protected in the constitution and if someone tried to covert people of other religion forcibly, the law would take its own course.
Hearing another case regarding the illegal Jirga System, the court directed the federation, KPK and Balochistan government to furnish their replies within two weeks. Punjab and Sindh government have already submitted their replies on the petition, filed by National Commission on the Status of Women (NCSW) Chairperson Anis Haroon against vani and swara customs exercised through jirgas and punchayats to settle disputes.
Published in The Express Tribune, May 18th, 2012.
COMMENTS (16)
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@Moko: Why do that - breaking up this accursed country into 3 or 4 is far better option
People like AJ Khan are in dire need to be educated. Pakistan has been hijaked by mullahs,who see constitution a mere paper work. As long as mullahs are there in Pakistan educated Muslims can not live in Pakistan, what to say about minorities! Only a miracle can save Pakistan now!!!
Please don't expect any good from this poker faced and disfigured judge. He has only been given a single job and that is to chase the leadership of a single party. He only interprets articles of the constitution according to his own wishes. My head falls in shame on this judgement. He is not fit even to become a magistrate of a lower court.
Article 20 says subject to law, public order and morality, — (a) every citizen shall have the right to profess, practice and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions.
Respectable Chief Justice, what about law against Ahmadi practicing religion in Pakistan? Is it not the violation of article 20 if we don't allow them to practice and propagate their faith???
Don't make this a tit for tat. I am in no way shirking away from an argument but getting into an argument will make this forum counterproductive. Stay to the point of the above discussion. What is your opinion on the fact that Pakistan's judiciary is at the very best minority-insensitive based on the above judgement?
'he bench observed that there was no forced religious conversion in Islamic teaching as Islam was spread all over the world through love not sword. "
Justice Sheikh , your statement is being analysed by people all over the world . The judiciary you belong is being disrespected even by the people of Pakistan .
Ah...then there shouldn’t be any problem stopping them Mr Justice. Should there?
All citizens are equal before law. The term "minority" should be deleted from the constitution and there should be no special quotas. All are Pakistani citizens and have equal rights. @Pradeep: You surely are not happy with what is happening to minorities in India and you are asking for seats for Muslims in Indian Parliment !!!
this is not news CJP- what are u doing to stop it?
Aah... Justice... That beautiful concept that provides rights to only the majority. Love it.
Pakistan should set up a helpline to facilitate the migration of Hindus and Ahmedis back to India. Christians can be helped to some Christian country like Australia. That will resolve this issue.
The article 20 comes with a condition: "Subject to law, public order and morality"
Can a Hindu marry a Muslim girl or vice versa without offending the law, public order and morality as defined in PAK ?
Can a Muslim in PAK become an apostate or an atheist without affecting the law, public order and morality ?
Any right that comes with condition is a rule and not a fundamental right.
Fundamental rights are natural and innate and universal to all mankind and they cannot be confined by legislation of law, public order (or mob mentality or mob order) and morality (what is it ?) or even by time.
The fundamental rights of PAK citizens defined in PAK constitution is selective and discriminatory to non Muslims and Muslims alike, and are subject to interpretation and are not self- standing
What else do you expect from radicalized judges.
The question as always is, "who is going to bell the cat?" How such a law is going to be implemented?
Figure since 1947 state otherwise.
After the justice you imparted in the Rinkel Kumari case I am totally convinced that indeed there is no need for a new law. With your Me Lords sitting in the Courts: the minorities of this country can only pray that a repeat of holocaust is not conducting under judicial commission.