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Sunday December 22, 2024

Justice Shah’s blueprint for inclusivity

“We can dismantle the barriers of prejudice and ignorance that often fuel discrimination,” Shah said

By Rana Jawad
August 12, 2024
Supreme Courts Justice Syed Mansoor Ali Shah. — Supreme Court of Pakistan website/File
Supreme Court's Justice Syed Mansoor Ali Shah. — Supreme Court of Pakistan website/File

Justice Syed Mansoor Ali Shah’s recent address at the 10th anniversary of the 2014 Supreme Court judgement on minority rights has reignited crucial discussions on the protection of minorities in Pakistan. His five-point plan offered a comprehensive approach to fostering a more tolerant and progressive nation.

First, he said, the state must ensure effective implementation of constitutional provisions. It must take proactive measures to protect minorities from violence and discrimination, ensuring that perpetrators of such acts are brought to justice swiftly and decisively, he added.

Second, Justice Shah said the state must promote social harmony and tolerance through education and public awareness campaigns by fostering an environment of mutual respect and understanding. “We can dismantle the barriers of prejudice and ignorance that often fuel discrimination,” he said.

Third, the state must ensure the equitable representation of minorities in all spheres of public life, including government, law enforcement and the judiciary. “This representation is crucial for ensuring the minority perspectives are included in the decision-making processes that shape our society,” Justice Shah said.

Fourth, he said the state must protect the cultural and religious heritage of minority communities. “This involves preserving places of worship, supporting cultural events and recognizing the contributions of minorities to the country’s rich tapestry of history and culture,” he said. Finally, the judge said that the state must provide avenues of redressal and support for minority communities facing injustice. “This includes establishing commissions, or bodies tasked especially with addressing minority issues and ensuring that their voices are heard, and their grievances addressed.”

Between the Lines

The first point, calling for effective implementation of constitutional provisions, strikes at the heart of Pakistan’s struggle with minority rights. While the constitution guarantees equal rights to all citizens, the reality on the ground often falls short. This call for proactive measures and swift justice challenges the state to move beyond rhetoric and demonstrate its commitment through action.

Education, as highlighted in the second point, is perhaps the most powerful tool for long-term change. By reshaping curricula and public discourse to promote tolerance and mutual understanding, Pakistan can address the root causes of discrimination. This approach recognizes that legal protections, while necessary, are insufficient without a corresponding shift in societal attitudes.

The call for equitable representation in public life addresses a longstanding issue of underrepresentation of minorities in key positions. This proposal goes beyond mere tokenism, advocating for meaningful inclusion that can reshape policy-making and governance. The presence of minority voices in corridors of power can lead to more nuanced and inclusive decision-making.

Protecting the cultural and religious heritage of minorities is not just about preserving buildings or artifacts; it is about recognizing the integral role these communities have played in shaping Pakistan’s national identity. This point challenges the narrow narratives that have often dominated discussions of Pakistani culture and history.

The final point, focusing on avenues for redressal, is crucial for ensuring that the rights of minorities are not just theoretical but practically enforceable. The establishment of dedicated bodies to address minority issues could provide much-needed channels for addressing grievances and advocating for change.

The operative term in Justice Shah’s five points is “the state” and its responsibility. This means that minority protection must be framed as a collective effort of all state organizations, and this requires a level of coordinated action reminiscent of the national consensus achieved during the formulation of the National Action Plan against terrorism. This comparison underscores the gravity of the situation and the urgent need for unified action.

However, unified action can only begin with political actors. Political will, often in short supply when it comes to minority issues, must be galvanized. Parties must look beyond short-term electoral calculations and recognize that a more inclusive Pakistan is ultimately a stronger Pakistan.

The judiciary, too, bears a significant responsibility. While landmark judgments provide a legal framework, their true test lies in implementation. The courts must remain vigilant, ensuring that their rulings translate into tangible improvements in the lives of minority citizens.

Minority rights is not just a domestic issue: Pakistan’s global standing has been negatively impacted by its consistently poor performance in protecting minority rights. International human rights organizations and watchdogs routinely rank Pakistan among the worst countries for religious freedom and minority protection. These low rankings have diplomatic repercussions, affecting Pakistan’s relationships with Western nations and international bodies. They also hinder foreign investment and tourism, as the perception of instability and intolerance deters potential investors and visitors. As the world increasingly prioritizes human rights and inclusivity, Pakistan’s failure to adequately protect its minorities not only tarnishes its international image but also isolates it from global progress and cooperation.

Justice Shah’s five-point plan presents an opportunity for the nation to reaffirm its commitment to pluralism and equality. It challenges the state to move beyond tokenism and embrace a comprehensive approach to minority rights protection. The success of this endeavour will not only enhance the lives of minority communities but will also strengthen the fabric of Pakistani society as a whole. Justice Shah’s vision offers a blueprint for progress, but its realization depends on the collective will of the Pakistani state and its people.