In new laws, silver lining for minorities of Sindh
Remarkable improvement in the lives of minorities will be a litmus test of laws’ effectiveness
PHOTO: TARIQ HASSAN/EXPRESS
Outplaying national and other provincial assemblies, the Sindh government passed two new bills - Sindh Criminal Law (Protection of Minorities) Bill and Sindh Minorities Rights Commission Bill - this month to provide greater legal protection to its increasingly oppressed minorities. The bills were long overdue but its better late than never.
While such laws are needed across Pakistan and must be introduced at the earliest, the need for them was most pressing in Sindh. Despite a strong presence of Hindus, Christians, Zoroastrians and other minorities, the province has witnessed unabashed violation of rights of these communities in recent years. News of forced conversions, desecration of holy books and attacks on places of worship has raised concerns regarding the plight of minorities with rumours of widespread migration circulating in the media.
Civil society members demand implementation of forced conversion bill
Passing a law is taking the first step and it is to be seen how the government moves forward with their commitment to provide a better life to all its citizens.
Sindh Criminal Law (Protection of Minorities) Bill
According to this new law, a person can convert to another religion only after they turn 18 years old and will have 21 days to consider this decision. Even then, if a conversion is found to be forceful and against the will of the person, the culprits will be handed a prison sentence for three to five years with or without fine.
The law further requires the government to provide protection to complainants during the trial of cases pertaining to forced conversions. Anyone found guilty of disclosing the location of the complainant will be charged under the Contempt of Court Act of 1976.
The bill, however, is not clear about punishments when more than one person or a group is involved in forced conversions. Also, there are no guidelines to tackle the issue of false charges of forced conversions; cases in which a person untruthfully blames another for forced conversion.
Minority rights: Forced conversion bill to be moved in Sindh Assembly today
While praised by many, the bill has irked some, particularly religious parties which see the new law against the values of Islam. For a religion which stands against forceful conversions, calling the new bill anti-Islam is senseless. Also, the new law doesn’t ban conversions but only puts an age-limit to when one can change religions.
Sindh Minorities Rights Commission Bill
Headed by a minority community member, the commission will work to address the grievances and complaints of religious minorities in Sindh. With strong and comprehensive regulations embedded in the structure of the commission, it is possible for the body to execute its duties in an impactful manner as long as the members are appointed on merit and without any political influence.
As the law requires the commission members to have years of experience in the field of human rights and knowhow of minority issues, the body will be well-equipped to tackle sensitive matters. With 33% mandatory presence of women, the commission will also be in a better position to address concerns unique to women in the province. A representative of youth organisation, a lawyer and two activists from civil society further make the commission a carefully composed and balanced body.
To make the commission more authoritative and effective, the bill gives it the powers of a civil court which will hopefully translate into speedy trails and quick resolution of complaints. As a result of these powers, the commission will be able to summon and enforce attendance of witnesses and demand any public record.
Aid for religious minorities drying up
Given the prevalence of violence in Sindh particularly related to matters of religion, it is crucial that the government provides safety to the members of the commission as they may be targeted by extremist outfits.
As Sindh enters a new chapter with these two bills, it’s very important that all stakeholders, especially those in power, are serious about implementing the law. Being the first or only province with such laws to protect minorities will mean nothing if there is no real change in the lives of the people this assembly claims to defend.
Naeem Asgher Tarar is a lawyer who is currently studying Philosophy at Punjab University.
While such laws are needed across Pakistan and must be introduced at the earliest, the need for them was most pressing in Sindh. Despite a strong presence of Hindus, Christians, Zoroastrians and other minorities, the province has witnessed unabashed violation of rights of these communities in recent years. News of forced conversions, desecration of holy books and attacks on places of worship has raised concerns regarding the plight of minorities with rumours of widespread migration circulating in the media.
Civil society members demand implementation of forced conversion bill
Passing a law is taking the first step and it is to be seen how the government moves forward with their commitment to provide a better life to all its citizens.
Sindh Criminal Law (Protection of Minorities) Bill
According to this new law, a person can convert to another religion only after they turn 18 years old and will have 21 days to consider this decision. Even then, if a conversion is found to be forceful and against the will of the person, the culprits will be handed a prison sentence for three to five years with or without fine.
The law further requires the government to provide protection to complainants during the trial of cases pertaining to forced conversions. Anyone found guilty of disclosing the location of the complainant will be charged under the Contempt of Court Act of 1976.
The bill, however, is not clear about punishments when more than one person or a group is involved in forced conversions. Also, there are no guidelines to tackle the issue of false charges of forced conversions; cases in which a person untruthfully blames another for forced conversion.
Minority rights: Forced conversion bill to be moved in Sindh Assembly today
While praised by many, the bill has irked some, particularly religious parties which see the new law against the values of Islam. For a religion which stands against forceful conversions, calling the new bill anti-Islam is senseless. Also, the new law doesn’t ban conversions but only puts an age-limit to when one can change religions.
Sindh Minorities Rights Commission Bill
Headed by a minority community member, the commission will work to address the grievances and complaints of religious minorities in Sindh. With strong and comprehensive regulations embedded in the structure of the commission, it is possible for the body to execute its duties in an impactful manner as long as the members are appointed on merit and without any political influence.
As the law requires the commission members to have years of experience in the field of human rights and knowhow of minority issues, the body will be well-equipped to tackle sensitive matters. With 33% mandatory presence of women, the commission will also be in a better position to address concerns unique to women in the province. A representative of youth organisation, a lawyer and two activists from civil society further make the commission a carefully composed and balanced body.
To make the commission more authoritative and effective, the bill gives it the powers of a civil court which will hopefully translate into speedy trails and quick resolution of complaints. As a result of these powers, the commission will be able to summon and enforce attendance of witnesses and demand any public record.
Aid for religious minorities drying up
Given the prevalence of violence in Sindh particularly related to matters of religion, it is crucial that the government provides safety to the members of the commission as they may be targeted by extremist outfits.
As Sindh enters a new chapter with these two bills, it’s very important that all stakeholders, especially those in power, are serious about implementing the law. Being the first or only province with such laws to protect minorities will mean nothing if there is no real change in the lives of the people this assembly claims to defend.
Naeem Asgher Tarar is a lawyer who is currently studying Philosophy at Punjab University.