Two more bills to protect minorities’ rights on cards
Formation of PMRC would help negate propaganda of human rights violations of minorities in the country
PHOTO: TARIQ HASSAN/EXPRESS
ISLAMABAD:
Encouraged by the unanimous approval of the Hindu Marriage Bill by the parliamentary panel two weeks ago, another minority lawmaker has decided to move two bills – one to put a check on forced conversions and another to form a commission for protection of the rights of minorities.
Titled ‘Pakistan Minorities Rights Commission Act, 2016’ the bill was drafted in line with June 19, 2014 judgment of the Supreme Court after a attack on a Church in Peshawar, claims MNA Sanjey Perwani who intends to move the proposed legislation in the National Assembly, most likely in its next session.
Authored by then Chief Justice of Pakistan Justice Tasadaq Hussain Jillani, the Supreme Court in the landmark judgment had asked the government to take concrete steps for the protection of rights of religious minorities.
In this judgment, the apex court had directed the government to constitute a task force to develop a strategy of religious tolerance, besides putting forward the idea of setting up a “national council for minorities’ rights” to monitor the rights provided to them in the Constitution.
Perwani, who belongs to the MQM, says since the government has not yet taken any such measure, he would be taking this initiative and table a comprehensive bill in this regard.
The draft legislation proposes a permanent commission headed by a chairman and 11 members to be appointed by the federal government. Its chairman and six members would be from religious minorities.
Among the wide-ranging functions prescribed in the draft law, the commission would: review all laws, rules and regulations affecting the status and rights of minorities and suggest repeal or amendments or new legislations essential to eliminate such discrimination.
The proposed body would be monitoring implementation of international instruments and obligations affecting minorities to which Pakistan is signatory, besides encouraging research on minorities and their issues.
It would also examine policy measures taken by government on issues related to equality of minorities, their empowerment, protection, political participation, representation at all forums.
Another vital function of the proposed commission would be taking up complaints of violations of rights of minorities with powers of a civil court.
Inquiries and investigations
On receiving any complaints, the proposed commission would act as civil court and recommend the government to initiate criminal proceedings against alleged violators. In the meantime, government would grant immediate relief to the victim or members of his family in accordance with the recommendations of the commission.
Human rights courts
The bill also proposes setting up of human rights courts for speedy trial of offences arising out of violation of human rights of the religious minorities. Such courts to be constituted in consultation with chief justices of high courts would function as special sessions courts on human rights.
He said that the formation of Pakistan Minority Rights Commission would help negate propaganda of human rights violations of minorities in the country.
Law against forced conversions
The other bill he intends to table simultaneously is an attempt to put legal safeguards against menace of forced conversions, protection of rights of women and children, particularly the ones belonging to religious minorities.
The bill is almost the same as the one already tabled in Sindh Assembly by Nand Kumar Goklani, parliamentary leader of PML-F in the provincial legislature.
Tagged as ‘The Criminal Law (Protection of Minorities) Act 2016’, proposed legislation is aimed at putting a check on forced conversions, which is forcing a person to adopt another religion under duress, coercion or threat.
Once this law is passed, change of religion will become unlawful until a person attains the age of maturity – 18 years old.
The law proposes a minimum of five years and up to life imprisonment to those found guilty of forcibly converting anyone.
Published in The Express Tribune, August 29th, 2016.
Encouraged by the unanimous approval of the Hindu Marriage Bill by the parliamentary panel two weeks ago, another minority lawmaker has decided to move two bills – one to put a check on forced conversions and another to form a commission for protection of the rights of minorities.
Titled ‘Pakistan Minorities Rights Commission Act, 2016’ the bill was drafted in line with June 19, 2014 judgment of the Supreme Court after a attack on a Church in Peshawar, claims MNA Sanjey Perwani who intends to move the proposed legislation in the National Assembly, most likely in its next session.
Authored by then Chief Justice of Pakistan Justice Tasadaq Hussain Jillani, the Supreme Court in the landmark judgment had asked the government to take concrete steps for the protection of rights of religious minorities.
In this judgment, the apex court had directed the government to constitute a task force to develop a strategy of religious tolerance, besides putting forward the idea of setting up a “national council for minorities’ rights” to monitor the rights provided to them in the Constitution.
Perwani, who belongs to the MQM, says since the government has not yet taken any such measure, he would be taking this initiative and table a comprehensive bill in this regard.
The draft legislation proposes a permanent commission headed by a chairman and 11 members to be appointed by the federal government. Its chairman and six members would be from religious minorities.
Among the wide-ranging functions prescribed in the draft law, the commission would: review all laws, rules and regulations affecting the status and rights of minorities and suggest repeal or amendments or new legislations essential to eliminate such discrimination.
The proposed body would be monitoring implementation of international instruments and obligations affecting minorities to which Pakistan is signatory, besides encouraging research on minorities and their issues.
It would also examine policy measures taken by government on issues related to equality of minorities, their empowerment, protection, political participation, representation at all forums.
Another vital function of the proposed commission would be taking up complaints of violations of rights of minorities with powers of a civil court.
Inquiries and investigations
On receiving any complaints, the proposed commission would act as civil court and recommend the government to initiate criminal proceedings against alleged violators. In the meantime, government would grant immediate relief to the victim or members of his family in accordance with the recommendations of the commission.
Human rights courts
The bill also proposes setting up of human rights courts for speedy trial of offences arising out of violation of human rights of the religious minorities. Such courts to be constituted in consultation with chief justices of high courts would function as special sessions courts on human rights.
He said that the formation of Pakistan Minority Rights Commission would help negate propaganda of human rights violations of minorities in the country.
Law against forced conversions
The other bill he intends to table simultaneously is an attempt to put legal safeguards against menace of forced conversions, protection of rights of women and children, particularly the ones belonging to religious minorities.
The bill is almost the same as the one already tabled in Sindh Assembly by Nand Kumar Goklani, parliamentary leader of PML-F in the provincial legislature.
Tagged as ‘The Criminal Law (Protection of Minorities) Act 2016’, proposed legislation is aimed at putting a check on forced conversions, which is forcing a person to adopt another religion under duress, coercion or threat.
Once this law is passed, change of religion will become unlawful until a person attains the age of maturity – 18 years old.
The law proposes a minimum of five years and up to life imprisonment to those found guilty of forcibly converting anyone.
Published in The Express Tribune, August 29th, 2016.