Faith is not a job requirement

.

The writer is a practising lawyer. He can be reached at mohsin.saleemullah@berkeley.edu

In a country founded on the promise of equality, the lived reality of many religious minorities has long reflected exclusion rather than inclusion. Christians, Hindus, Sikhs and other non-Muslim communities in Pakistan have frequently found themselves pushed to the margins of public life, denied fair representation in mainstream employment and often stereotyped into specific occupations.

For decades, this quiet but deeply troubling practice persisted in Pakistan: job advertisements for sweepers and sanitary workers explicitly state that the candidate "must be Christian". What may have appeared to some as administrative routine was, in reality, a reflection of entrenched discrimination, a societal assumption that certain religious communities were fit only for certain kinds of work. The Islamabad High Court judgment of 11 November 2025 in 'Center for Rule of Law Islamabad vs Federation of Pakistan' has confronted this injustice head-on. In doing so, the Court has not merely corrected a recruitment policy; it has challenged a mindset.

Religious minorities in Pakistan have long struggled for equal inclusion in mainstream employment. Despite constitutional guarantees, many remain underrepresented in professional, administrative and decision-making roles. Instead, they are disproportionately visible in sanitation and janitorial positions. When state institutions themselves advertise sanitary posts restricted to a particular religion, the message is unmistakable: identity determines opportunity.

The Court rightly declared this practice "plainly illegal, unconstitutional and devoid of lawful justification". It held that such advertisements violate Article 25 (equality of citizens), Article 27 (non-discrimination in services) and Article 36 (protection of minorities) of the Constitution. But more importantly, the judgment recognised the deeper harm, which is the assault on dignity.

Justice Inaam Ameen Minhas observed that the right to dignity stands "like a jewel in the crown of fundamental rights", emphasising that it is absolute and non-negotiable. This articulation is significant. Discrimination in recruitment is not merely a procedural flaw; it strikes at the core of human worth. When a state links a religion with sanitation work, it does more than deny equal opportunity, it reinforces stereotypes that have marginalised communities for generations.

How did such blatant discrimination become normalised? The uncomfortable answer is collective indifference. For too long, society accepted these advertisements without questioning the prejudice embedded within them.

What makes this judgment particularly commendable is its clarity of direction. The Court has ordered federal and provincial authorities to ensure that no recruitment advertisement or appointment policy for sweepers or sanitary workers are based on religion, ethnicity or community. Significantly, the prohibition extends to the private sector. The governments have also been directed to maintain minority employment quotas at all levels not just in lower-grade posts, and the Ministry of Law and Justice has been tasked with initiating legislative reform to strengthen protections.

These directions matter. They move the issue beyond symbolism and into structural reform. If implemented sincerely, they can begin to dismantle the invisible barriers that have confined minorities to the margins of public service.

This judgment deserves praise not because it grants special treatment, but because it restores constitutional promise. Minorities in Pakistan are citizens first, not beneficiaries of tolerance. Equality cannot remain a principle recited in textbooks while discrimination is practised in recruitment notices. They are entitled to equal opportunity, equal dignity and equal protection under the law.

Islamabad High Court has, through this decision, reminded the State of its moral and constitutional obligations. Whether this becomes a turning point depends on implementation. But for now, it stands as a powerful affirmation that dignity is indivisible and that no citizen's faith should determine the limits of their aspirations. Undoubtedly, the path to an inclusive Pakistan lies in dismantling quiet, normalised discrimination.

Load Next Story