Pakistan in Perspective | Minorities, Constitution and Human Rights (Season 1, Episode 5)
Uploaded on May 9, 2020 P5
To Pakistan in perspective especially series examining the state of minority and human rights in Pakistan from a historical legal and philosophical perspective in a program we explore the specific discriminatory laws that target at ahmadi Muslims in Pakistan and also the denial of the right to vote for the Muslims today’s programme Focuses on the future what are the prospects for meaningful reform legally and politically in Pakistan and joining me in the studio to discuss these matters are two very distinguished two wires from Pakistan we have Mr Abid Hussain Minto was a senior lawyer and advocate before the Supreme Court of Pakistan and a constitutional law expert As-Salaam-Alaikum instrumental we haven’t man who is this senior lawyer and advocate before the Supreme Court of Pakistan and an expert on Sharia law and related matters and we have been discussing from inception until current the state of minority rights in Pakistan and particularly discussing the original foundational and constitutional version of Mr Muhammad Ali Jinnah and where that vision has gone now in this program we will reflect on the prospects for the future and what has become of that Vision and indeed is that vision relevant for the future we asked several of Pakistan’s leading commentators and experts to share their thoughts about this subject let’s take a quick listen We are going to spend a lot of money educating are people giving them a better standard of Life providing the basic necessities so that no one suffers and Julie you have to look at it I think when was made that there was no question that the minorities what to be looked after except for that brief rabbits tragic circumstances of the people got can’t remember in my younger days somebody was a Christian or not even whether somebody with a Shih Tzu me or an MD for that matter process of polarization from Manchester really got has getting them in our first we workwhich can cope with four on French used to come we are out shouted yesterday for yesterday about a few days ago we had that girl who had not wrongly was about to be really trying to Holy Quran and he was beaten up severely in the culture of violence that not for me it’s Pakistan exchange to minorities also and I see no way that off a return to it when I see the assassination of Samantha scene is a new wonder because I kind of Heroes we adopt really sure the kind of people we are this is true that Pakistan had liberal government because was prime minister twice afterwards and even now appears in power but I’m afraid the rules of Pakistan are too weak political support and also they are too afraid of ending and frayed of the religious extremist groups hardline Brooks therefore they don’t want to touch that and then I don’t expect there any government will do it in the near future talking about the future we know that within Pakistan there are voices of courage those who would like to see that these laws and the restrictions and minority rights to be abolished and to be changed but we also note that there is this perhaps growing sense of Fear or anxiety about whether that that that rise in reform would be met with stiff resistance from extreme views what are your thoughts about that the dominant Factor in these metals part of the religiously lots and this is Heidi generally is afraid of these people they cannot freely talk about these matters and express themselves so much to that courts of Law who are asked to deal with the cases under the so-called blasphemy laws are the laws concerning religion they are afraid and the trial courts in particular because they’re setting for sale and a certain small towns and they’re these people go and attend those proceedings in a innocent fashion and the result is that the judges buy large and they are over or they can not express themselves freely and they’re right all sorts of food judgements in these matters convicting the people but in my experience in the High Court has been there the same and in certain cases relating to blasphemy both in the matters in which Christians were involved and in metals and which MDR also taken to the court my experience was that the judges wanted to avoid the presence of all these people who came there to overall the court and whenever the farm the time when these people being absent they heard matter and decided it accordingly in all speedier course the death sentences invariably given by the lower courts overturned if you ever not overturned in the High Court David ultimately overturned in the Supreme Court and that gives me hope that there is resistance at some level Death metal stake into the federal shariat court which was again a creation of Zelda and the sheer cold pronounce that this was not a correct punishment given in the law and the only punishment provided by grandson according to their interpretation was that sentence in fact the future she had called went to the extent of saying that this was a hard sentence with mean that it is prescribed by the parameters hi controversy amongst the Muslims called themselves this is provided by put on it or not having said that the federal shariat court has jurisdiction at the constitution as amended by like to say that the law be amended according to their interpretation they gave time to the legislator and provincial legislatures wherever it was necessary and thus at the lobby According amended to provide just once and my punishment nobody knows this judgement was given somewhere in the year 1990 or around and back to date no legislator whether it was made legislated which was under the authority of a military dictatorship or a popularly elected legislator has Tankard with the individual floor it said so that again get me some hope that there is some distance some people don’t want to be taken away by this kind of situation the the Maldives provide over there understanding of the law and another hope Medical Association in Pakistan refused to attend a punishment of amputation of hand given under the laws and they said this is not our job and this is undertaken and we will not attend this with you so I have hope in this matter but this is primetime primarily the Business of the political parties parties parties asking for the vote of the people wanting to have a democratic Society in Pakistan are in fact required and called upon to take notice of the situation which has come about after the Alex in serious Handling of the society as well as the Constitution of Pakistan and Pakistan because without preparing the people of Pakistan and changing the mindset and that also includes the universities and colleges and the curriculum and they said by which at the moment to change their mindset and the steps taken by who otherwise it is it is a person who don’t appreciate that military dictator but in the matter of this game he acted in a liberal fashion in a democratic from instrumental three examples of what I might refer to as in Action or not number one not going forward with the sentence that has been given a death sentence refusing to enforce them indeed it is true that no one has been executed under the anti blasphemy laws we say we have an example of the federal shariat court one in the only punishment to be daft but nevertheless the statue not to be amended to reflect that judgement and an example of the Medical Association refusing to act on those matters but those are examples of failing to act in the face of these ones the question remains what can affirmatively or positively be done to actually change the laws themselves I’m really touching YouTube by the inside withswitching off and being a model are bringing human so this resistance is not at one level but the resistance is not strong enough that resistance has to be built like we will build up the immune systems we have they give us going on Pakistan right now and resistance has to be improved I’m how we do it we inject something into the body so as to develop the resistance mental service at I will put it to political parties ever social workers are intellectual have to stay in the mindset what do you mind that is always affected by the legal process so to all these laws sadly our Society is very deeply fragmented we have to bring the pieces together and if we start bringing the pieces together by some legislative measures that will be an easy way going towards that Patient can be done with by the process of integration how do you go about that if you can do away with the giant separate electric or separate lists and discrimination on the cause if you can bring me the minority is closer to this mainstream and that integrating vital he first effect will be the first effect of the single waterless will be the level of tolerance electrons go very high because they will be very close interaction between the girls who want to be elected and those were electors elected and elected will have more frequent exchange and return of the parts so the level of tolerance will advance go very high so that will be a process of integration so the only answer to fragmentation is the integration and integration there are many things that can be done but the easiest way I think the easiest lotto touch easiest large amount of already gone the halfway elected husband eliminated but enjoyed electric we have brought inside and party the leftover one party so already something has been done what needs to be done is one electoral-vote one citizenship no division between the citizen and we have to come back to that and inclusive approach and that will give hope to the society I hope then this using undercounter fragmentation the terrorism and everything what’s the level of toleration goes high they started to go down we see this this positive resistance which brings hope for the prospect of change and and we will understand that in order to empower minorities mean they need to be you can say reintegrated or better internet integrated into Society and that societal level change alongside that societal level change instrumental is there also a prospect or a hope for change legislative Leanne legally and in particular the decriminalization of statute because at the end of the day regardless if the weather the death penalty is itself being meted out there are minorities or language in prisons and waiting many months even years for their cases to be a dedicated This little Mayo which will improve the situation to a large extent but to reach that point of the history where the legislative measures can be taken to amend these kinds of laws which are discriminatory on this is a religion and which are the result of Fear most of the time because this year has been created by those who are supporting this kind of and discrimination you have to prepare the electric XL because it’s not merely the end product of the people who go and sit in the assemblies who will pass legislation if they were they called the pass legislation that would have done that and even the changes came the first changes came under dispensation which was not nearly the Democratic dispensation that was provided time with who took over certain metals and he will he also favoured at the end of the day on the m of the lists and sales and that has to be supported by the electorate itself and that is the Business of the political parties so one has to influence the political parties and their leadership stew at accorplay does the society as mentor Mr points out we have to get up the political parties and political parties will do a better job if we have a joint electric I think I think this is not a very difficult amendment to make it through because we do understand that President Musharraf restored at joint electorates but then it just a few months later I went to some pressure is excluded from voting so in order to vote now you have to actually save money if you can will be more liferent and therefore it might be easier and it would be very difficult to amend the other statues criminalising that we have been talking about but it may be compared to be easier to bring this change parties agree to that sofa for some and that is the only way we can break that barrier and bring me a take the Fairway from the Minds of the people that fear has my name and out and my friend pointed out that the lower level of that conviction that recorded an account of the fear they have and that resistance shows itself only at the high-level where the crowd and the noise is not there hardcore setting and they’re secluded atmosphere more able to give a more balanced and a call later jacket so we have to take the screenshot away and I suggest one thing which we must do is political parties must put their heads together to bring this anomaly to an end single electoral list one citizen One World religion is another if you’re serious and Pakistan regardless of your religious affiliation you have the full and free right to vote without restriction immediately this may be an easy thing to do in a court of law also provided critical support is forthcoming and some political party is a building to take up this matter where this matter can be challenged and because this discrimination is not merely between mainstream Muslims and the ahmadis it’s a discrimination between one and minority against the other because the other minority that are appearing in the list so therefore you are discriminating against one minority against the other minorities also not integration and create more strive and take stock of 64 years of history of Pakistan looking forward you have to look back and we began the series by discussing Mr Jenner’s vision as vision based on true protections and the empowerment indeed of minorities is that vision relevant and if not how can it be made relevant in Pakistan has to be available because that is the only region on the basis of it Pakistan can exist as a modern democratic Society and a progressive Society so that has to be living model before and it’s easier on the on that protects infect my political group which I’d be long as in manifesto that 11th of August 1947 speech should be made as the pre-eminent and same place of the resolution of 1949 the objective resolution research objectives if you take it out of the constitution and instead of that great start to the Future a prosperous future for Pakistan that that very grand and Vision can beinterviewed this concludes our special series and we hope in the future to have future series on this very important subject for now thank you very much