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Islamic Studies (Islamabad) 23:1 (1984)
PAKISTAN
Mu hammad Nazeer Kaka Khel
The problem of minorities, particularly that of the religious or
racial minorities, is one of the most perplexing issues in modern democratic
states. In countries where democracy has got roots and democratic institutions ha\e been developed, all the basic questions affecting the governance
of the country are decided by an appeal to the majority principle. But at
the same time it is equally an important principle of democratic institutions
that minorities, their legitimate interests and rights must duly be safeguarded
and that their culture, religion and legitimate rights should not be open to
attack by the majority. This question of safe,wrding the rights and
interests of minorities has engaged the attention of rulers, politicians,
statesmen and intellectuals for a long time.
Like other parts of the world, the traces of safeguards of the rights
and interests of minorities are also to be found in the early history of Islam.
Thus it has been preserved in the annals of Islam that soon after the
foundation and, later on, the expansion of the Islamic state, the holy
Prophet Muhammad (peace be upon him) himself guaranteed to the
Christians, Jews and Magians protection of their legitimate interests and
rights including their freedom of religion and culture. Non-Muslim
minorities of the early Islamic state enjoyed the right to life, property, faith,
freedom of movement, vocation, association etc. without any let or
hinderance. Their civil cases were decided with reference to their own
personal laiv. The immediate successors of the holy Prophet faithfdly
followed the Sunnah of their master by giving liberal concessions to the
non-Muslim minorities of the Islamic state. In later stages of the Islamic
empire more and more liberal concessions seem to have been given to them. 1
In modem Europe, one finds provisions regarding the safeguards of
the rights of minorities in the peace of Augsburg 1555 A.D., the Pact of
Warsaw (1573 A.D.), the Edict of Nantes (1598 A.D.) and the Treaty of
Westphalia (1648 A.D.). After the end of World War-I (1914--18)
© Dr Muhammad Hamidullah Library, IIU, Islamabad.
http://iri.iiu.edu.pk/
46
MUHAMMAD NAZEER KAKA KHEL
several new states were set up as a result of the break-up of the AustroHungarian, German and Russian empires. Safeguarding the interests of
the minorities in these various 'succession states' was sought through the
'minorities treaties' whose implementation was placed under the auspices
of the League of Nations which started functioning in 1920. States like
Poland, Czecho-slovakia, Yugoslavia, Latvia, Rumania etc. etc. entered
into these international agreements for the protection of the "racial, linguistic, and religious minorities" within their respective borders.
In the beginning of the present century, the Muslim community who
constituted the biggest minority in undivided India began to demand from
the British rulers of India separate representation and weightage in the
various representative bodies introduced by them in order to safeguard
their legitimate interests and rights. Since their apprehensions were true
and their demands genuine and weighty, their rights were safeguarded by
the Britishers in various constitutional Acts passed by the government of
India. The Minto-Morley Reforms 1909, the Montague-Chelmsford
Reforms 1919 and following upon the Simon Commission and the Round
Table Conferences, the Government of India Act 1935 had to take the
question of minorities into consideration and provide for adequate constitutional safeguards to Muslim and other minorities in undivided India.
However, in due course of time and in the face of the dominant
Hindu majority in all representative bodies, the above safeguards and
guarantees proved ineffective and fell short of their aspirations. Hence
Muslims had no alternative but to demand a separate homeland of their
own so that they could order their lives in accordance with the spirit and
principles of their religion (Islam) freely. The idea of Pakistan was thus
the direct outcome of the Islamic Ideology. The leaders of the Pakistan
movement demanded a separate homeland for the Indian Muslims in areas
where they constituted the biggest majority. The obvious reason was that
they did not feel their religious, economic, cultural and political rights
secure under the Hindu domination. To quote G.W. Chaudhury, "in
this sense Pakistan itself was the creation of a minority problem." 2
After the creation of Pakistan the question of the rights of nonMuslims and safeguard<for them engaged the attention of the politicians,
'Uluma', intellectuals and framers of the constitution for the country for
a long t'ime. 'It is important to note here that at thk time when the whole
MINORITIES IN PAKISTAN
47
Indian sub-continent was swayed with communal frenzy : millions of
people, both Muslims and Hindus were victims of communal riots, the
Quaid-i-A'zam Muhammad 'Ali Jinnah, stressing communal harmony
and peace for the progress of the newly established state laid down the
policy of the new Islamic state of the 20th century towards its minorities,
in his inaugural speech on August 11, 1947, in the first Constituent
Assembly in these words:
" You may belong to any religion or caste or creed-that
has
nothing to do with the business of state.. .. . We are starting
in the days when there is no discrimination between one
community and another, no distinction between one caste or
creed and atother. We are starting with this fundamental principle that we are all citizens and equal citizens of one state.....
You will find that in course of time, Hindus would cease to be
Hindus and Muslims would cease to be Muslims, not in the religious sense because that is the personal faith of each individual,
but in the political sense as citizens of the state."'
In view of their bitter experience as minority in undivided India
both Muslims and their leadership in Pakistan firmly believed that it was
better to recognise the realities and give adequate guarantees to the nonMuslim minorities on the basis of an ideology in which majority of the
population in Pakistan believed strongly. That is why regarding the
future constitution of Pakistan and the status of non-Muslim minorities
therein, the Quaid-i-Azam Muhammad Ali Iinnah expressed his views
in a Radio talk to the people of the United States of America in February
1948 in thesz words:
... .... In any case Pakktan is not going to be a theocratic
state to be ruled by priests with a divine mission. We have many
non-Muslims, Hindus, Christians, and Parsis, but they are all
Pakistanis. They will enjoy the same rights and privileges as any
other citizens and will play their rightful part in the affairs of
Pakistan. 4
.
The Objectives Resolution passed by the first Constituent Assembly
of Pakistan in March 1949 paved the way for the foundation of an Islamic
state in Pakistan compatible with the present day problems. Regarding
the status and rights of non-Muslim minorities in Pakistan, it laid down that
adequate provisions shall be niade for &he minorities freely to profess and
MUHAMMAD NAZEER KAKA KHEL
48
practise their religions and develop their own cultures. It also laid down
that adequate provisions would be made to safeguard the legitimate interests
of minorities in Pakistan. Further, the non-Mudims were guaranteed
fundamental rights at par with the Muslim citizens of Pakistan which
included equality of status, of opportunity and before law, social, economic
and political justice: freedom of thought, expression, belief, faith, worship
and association. 5
During the debate on the Objectives Resolution, the Prime Minister
Liaqat Ali Khan said that the non-Muslims would be welcomed into the
government services of Pakistan. The foreign minister, Sir Mohamnad
Zafrullah Khan added that the minorities would be protected by the very
teaching of Islam :
"
It is a matter of great sorrow that mainly through mistaken notions
of zeal, the Muslims have, during their period of decline, earned
for themselves an unenviable reputation for intolerance. But
that is not the fault of Islam. Islam, from the beginning, proclaimed and inculcated the widest tolerance. For instance, so
far as freedom of conscience is concerned the Qur'an says .. . .
there is no compulsion in matters of faith.6
It is true that initially non-Muslim members of the Constituent
Assembly of Pakistan protested against the passing of the Objectives
Resolution on the ground that it would make them in Pakistan "drawers
of water and hewers of wood." It was feared that they would play the part
of 'second fiddle.' : they would be confined to the status of plebians.
But the ministers who spoke for the government did their best to remove
the doubts and apprehensions of non-Muslims and to some extent they did
succeed in their efforts. That is why Mr. K.K. Dutta, a leading member
of the Congress party had to confess:
It is a constitution meant for the people of Pakistan -- Muslims
or non-Muslims. I must say the expression (sovereignty over the
entire universe belongs to Almighty God) is a happy one in the
preamble of the resolution itself, that the Almighty Allah has
delegated authority to the state of Pakistan through its people.
It has not been iimited to the followers of any of one faith but to
anyone and everyone who claims to be a citizen of Pakistan .. . .
MINORITIES IN PAKISTAN
49
I am not a Muslim but what I understand by this is that the system
of government is also inteneded to be democratic. Islam recognises no distinction based upon race, colour or birth.7
Anyhow, the Objectives Resolution as a whole was widely welcomed
in the country, from both the circles, Muslim majority and non-Muslim
minorities. It was regarded as the foundation of a policy which would truly
reflect the aspirations and ideals of the people of Pakistan.
When in March 1956, the first constitution of the Islamic Republic
of Pakistan was promulgated, the Objectives Resolution was made preamble
to the constitution and as such the provisions of both became guide lines
for the rulers and the ruled alike.8 Besides the safeguards of the legitimate
interests of non-Muslims, they were brought at par with the Muslims in
the enjoyment of the fundamental rights.
After the abrogation of the constitution of 1956 when the second
constitution of the Islamic Republic of Pakistan9 was promulgated in
1962, it too staced in the preamble that
. . . . the legitimate interests of the minorities in Pakistan (including their religious and cultural interests) should be safeguarded.
Under the Principles of Law-making the following rights were
guaranteed to all the citizens of Pakistan including non-Muslims: e.g.
equality of citizens, freedom of expression, freedom of association, freedom
of movement, right to acquire property, freedom to follow vocation,
freedom of religion etc. Further, the constitution of 1962 said:--1 0
I. No law should impose on any person a tax the proceeds of
which are to be applied for the purpose of a religion other
than his own.
2.
No law should discriminate between religious institutions in
the granting of exemptions or concessions in relation to any
tax or authorise the expenditures of public moneys for the
benefit of a particular community or denomination except
money raised for that purpose.
3.
No law shall, on the ground of race, religion, caste or place of
birth, deprive any citizen of the right to attend any educational
institution that is receiving aid from public revenues.
MUHAMMAD NAZEER KAKA KHEL
SO
In the same constitution, 1 1 if on the one hand, it had been under
taken to enable the Muslims of Pakistan to practise Islam individually
and collectivcly and order their lives in accordance with its fundamentals
on the other hand, it said :"
The legitimate rights and interests of the minorities should be
safeguarded, and the members of minorities should be given
opportunity to enter the services of Pakistan.
In the preamble to the constitution of the Islamic Republic of
Pakistan 1973 too, it has been laid down that "adequate provisions shall
be made for the minorities freely to profess and practise their religions
and develop their cultures .. .. and to safeguard the legitimate interests
of minorities.. - 1 2 Under part-2 chapter-I (Fundamental Rights)l3 all
the citizens, irrespective of their religion, have been given equal rights and
protection. In this connection, Articles 20,21, and 22 are very significant.
They are reproduced below:20.
Freedom to Profess Religion and to Manage Religious Institutions :
(a) every citizen shall have the right to profess, practise and
propagate his religion :
(b) and every religious denomination and every sect thereof
shall have the right to establish, maintain and manage
the religious institutions.
21.
22.
Safeguards to Educational Institutions in Respect of Religion:
(1) No person attending any educational institution shall be
required to receive religious instructions, or take part
in any religious ceremony, or attend religious worship,
if such instructions, ceremony, or worship relatesto a
religion other than his own.
(2) In respect of any religious institution, there shall be no
discrimination against any community in the granting of
exemption or concession in relation to taxation.
Subject to law:(a) no religious community or denomination shall be prevented from providing religious instructions for pupils
MINORITIES IN PAKISTAN
51
of that community or denomination in any educational
institution maintained wholly by that community or denomination : and
(b) no citizen shall be denied admission to any educational
institution receiving aid from public revenues on the ground
only of race, religion, caste or place of birth.
We have quoted the above articles with a view to see how the
interests and rights of non-Muslim minorities have been safeguarded
and how religious freedom has been given to them in the Islamic Republic
of Pakistan. To-day, if non-Muslim minorities in Pakistan are loyal to
the country, it is mainly due to the fact that both the rulers and the ruled
(Muslims) have, at least in the case of the non-Muslim minorities, faithfully followed the principles of toleration and responsibility taught to them
by Islam in their dealings with the non-Muslim minorities of their country.
It is a fact and almost all political scientists of modem age agree
that mere declarations of rights or constitutional provisions cannot effectively safeguard the interests and rights of minorities unless there are institutions
capable of enforcing and applying them and the dominant section of the
society and government both determined to make those institutions work
properly. It is a matter of great pleasure and satisfaction for the Muslims
of Pakistan and they must be proud of it that so far both the government
and the governed have been faithfully performing their duty and fulfilling
their responsibility towards the non-Muslim minorities in Pakistan. Both
the Muslims and non-Muslims have established cordial relations amongst
themselves. The non-Muslim population of the country is actually allowed
to reap the fruits of their le$timate rights and privileges. Unlike the
secular states like India, so far no riots have taken place on religious
grounds in Pakistan. All the religious communities have great regard
and respect for one another. The worship places of all the religious
minorities are safe. All the successive governments in Pakistan, right
from the very establishment of Pakistan, have taken care of the maximum
possible facilities to be given to them in matters relating to their religious
belief system' They perform their religious ceremonies freely and they
enjoy all the facilities extended to them by the Government of Pakistan.
They are as good and loyal citizens of Pakistan as other Muslim citiiins
of this country.
52
MUHAMMAD NAZEER KAKA KHEL
An important thing to be noted here is that, apart from the civil
and religious rights and liberties, non-Muslims in this country have equally
been given political rights in the constitution of Pakistan. It is true that in
all the constitutions (of 1956, 1962, and 1973) there is a clause to the effect
that the head of the state must be a Muslim. The constitution of 1973
goes a step further by providing that the working head of the state (the
Prime Minister) must also be a Muslim, believing in the unity of God and
finality of the Prophethood of Muhammad (peace be upon him). Pakistanis, however, feel that the inclusion of this provision in the constitution
is an honest and pragmatic approach to the question. It is no use to work
under the pretence that a non-Muslim can become the head of the state
or head of government in Pakistan where the bulk of the population consists
of Muslims because real power will always remain with Muslims. Furthermore, Pakistan is based on the Islamic Ideology sad as such the nominal
head of the state (the president) and the working head of the state (the prime
minister of the country) must be Muslims so that the ic!eological nature of
the state is not compromised in the name of toleration or liberalism.
It must, however, be made clear that the religious nature of the offices
alone and nothing else debars non-Muslims from holding these two offies.
But this does not mean that Islam or the Muslim community in Pakistan
taboos the employment of non-Muslims in the services of the state. This
only means that while availing of the services of the non-Muslim minorities,
due care should be taken thzt the Islamic character of the state is not
compromised and the ideological demands of the people of Pakistan are
not sacrificed at the altar of so-called tolerance.
Coming to the sequence, it is to be observed that under the constitution of the Islamic Republic of Pakistan 1973, six seats were reserved for
the non-Muslim minorities in the National Assembly of Pakistan. 1 4 They
had to be elected by the directly elected representatives of people (people
In the provincial assemblies
include Muslims as well as non-Muslims).
too, seats had been reserved for them according to their population in each
province. Their election was also indirect, i.e. they had to be elected by
the members of each provincial assembly. 1 6
It is noteworthy that one of the drawbacks in the election method
for the reserved seats for non-Muslims was that these members after their
election were more or less the representatives of the majority party or parties
in the National and Provincial Assemblies rather than the representatives
MINORI'l'IES I N PAKISTAN
53
of the non-Muslim religious communities. To put it in other words, the
non-Muslim members in the various representative bodies were the
nominees of Muslims rather than the representatives of the non-Muslim
communities in Pakistan. When the present marshal law regime took over
in July 1977 and later on planned to hold elections on the basis of proportional representation, the system of election for non-Muslim citizens of
Pakistan in the various assemblies was also reviewed. Under a Presidential
Order the non-Muslim communities in Pakistan were given their due right
to elect their representatives directly in the various bodies. The number
of seats allocated to them in various representative bodies was also
increased. 1 7 This is a healthy sign and the non-Muslim population of
Pakistan must have realized the sincere efforts of the present regime in
connection with the safeguards of their legitimate interests and rights and
under the constitutional set up in Pakistan even before the present regime.
What is required of them is that they should give their unstintedloyalty
to the state of Pakistan and work with a sense of dedication in the different
fields in which they are employed as government or non-government
ser vdnts.
NOTES
1.
On this subject see my article "The Rirhts of Non-Muslim Minority in Islam.
in the Journal of the Institute of Muslim Minority Affairs, King Abdul Aziz
University, Jaddah, Kingdom of Saudi Arabia, vol :
No :--PP.
2.
G.W. Choudhury, ConstitutionaI Development in Pkzklstan, 2nd. edition, Lahore
1969. p. 60.
3.
Constituent Assembly Debates, Govt. of Pakistan Press, Karachi 1947-56,
vol : I, NO: 2, PP. 19-20.
4.
Radio Talk to the people of United States of America, February 1948.
5.
Constituent Assembly Debates, op. cit. vol :V, No: 5, PP. 100-101.
6.
Ibid. P. 69.
7.
Ibid, P. 66.
8.
See the Constitution of the Islamic Republic of Pakistan 1956. Govt. of Pakistan
Press, Karachi 1956.
9.
An important thing to be noted here is that when President General Muhammad
Ayub Khan promulgated the Constitution of Pakistan 1962, the name of the
country was simply termed "The Republic of Pakistan which, however, under
great pressure from the 'ulam-' and the masee in Pakistan had to be changed
MUHAMMAD NAZEER KAKA KHEL
54
into The Islamic Republic of Pakistan, vide the First Amendment Act of November 1963.
10.
See chapter "Principles of law-making" in the constitution of the Islamic Republic
of Pakistan 1962.
11.
See Principles of Policy under the constitution of the Islamic Republic of Pakistan
12.
See Preamble to the constitution of the Islamic Republic of Pakistan 1973.
13.
Article 7 to 28 of the constitution of the Islamic Republicof Pakistan 1973.
14.
Non-Muslims as referred to in Article 106(3) of the Islamic Republic of Pakistan
1973 are the Christians. Hindns, Sikhs, Parsis and Buddhists and persons of
QBdihi group and Lahori group who call themselves Abmadis and other nonMuslims and persons belonging to the scheduled castes.
It is to be noted here that now under the present martial law regime the quota
reserved for the non-Muslims has been increased from 6 to 8 under Prtsidential
Order 1979.
15.
See Article 51 (2-A) of the Constitution of the Islamic Republic of Pakistan
1962.
1973.
16.
See Article 106(3) of the Constitution of the Islamic Republic of Pakistan
1973.
17.
Presidential Order 1979.