fter suicide bombing of All Saints Church, Peshawar, in 2013, which resulted in the loss of 81 lives and injuries to numerous individuals, the then chief justice of Pakistan, Justice Tassaduq Hussain Jillani, had initiated suo motu proceedings under Article 184(3) of the constitution.

The honourable Supreme Court subsequently consolidated several applications concerning minorities’ rights and a landmark judgement was rendered on June 19, 2014, by the bench led by the chief justice. This judgement addressed critical issues, including the constitutional protection of religious freedom and the establishment of a practical framework to safeguard the rights of minorities.

The bench issued eight directives to the government to address the deteriorating minority rights situation in the country. These included the establishment of a task force to develop a strategy for religious tolerance; the development of educational curricula promoting religious and social tolerance; measures to discourage hate speech in social media and ensure justice for offenders; the establishment of a national council for minority rights; the creation of a special police force to protect places of worship; the enforcement of job quotas reserved for minorities; prompt action against violations of minority rights by law enforcement agencies; and the establishment of a separate file to ensure the implementation of the judgment.

The Centre for Social Justice has observed that compliance with these directives has been partial and inconsistent. Only four of the directives have been fully complied with since 2014 and the compliance rate for orders pending since 2022 has been a mere 5 percent.

Significant procedural directions were issued between July 2022 and June 2023. Only two of those have been substantially complied with. A significant gap exists in the compliance with the original orders of the judgment on minority rights. The overall compliance rate stands at 24.71 percent. According to one projection it will take 27 years at the current pace to achieve full compliance with the judgment.

The achievements so far include the removal of hate speech from school textbooks; the appointment of special officers to process criminal cases involving the minority communities and substantial recovery of land and funds from illegal possession. However, substantial issues remain. These include the implementation of the 5 percent job quota for minorities.

The relevance of these directives in the light of the current situation on minority rights in Pakistan is profound. Despite the existence of these directives, the implementation gap has led to ongoing challenges for minority communities, who continue to face discrimination, violence and lack of effective representation in government policies.

Once fully implemented, the directives could significantly enhance the protection of minority rights and promote a more inclusive and tolerant society. This could address both systemic issues and the immediate needs of minority communities, providing a framework for sustained social and political inclusion.

Effective implementation of these directives is crucial for promoting equality and justice for minority communities in Pakistan, addressing both current and systemic challenges they face.

In 2016, Pakistan launched its first-ever Hindu marriage law. This was a significant step toward recognising and formalising the civil rights of the Hindu community. Hate speech and attacks on religious minorities have continued. In 2020, a Hindu temple in Karak, Khyber Pakhtunkhwa, was attacked and burned by a mob. This highlighted the ongoing challenge of religious intolerance despite legal protections.

The effectiveness of the Supreme Court’s directives has been curtailed by bureaucratic inertia, lack of political will and inconsistent attention to minority issues. Meaningful change requires continuous advocacy.

In May 2020, the government announced the reconstitution of the National Commission for Minorities. However, criticism regarding the commission’s autonomy and effectiveness has persisted, with calls for more substantial legislative backing and resources.

Implementation of job quotas has been a mixed result. While some sectors have made strides in filling quotas, reports consistently indicate underrepresentation or neglect in others, especially in higher-level positions in government services. Efforts have been made to revise school curricula to promote religious tolerance. In 2017, the Punjab government introduced changes to school textbooks to remove content considered discriminatory towards non-Muslims. However, reform across provinces remains uneven.

There have been instances where the legal system and law enforcement have swiftly responded to crimes against minorities. High-profile cases often receive attention, leading to quick action, but smaller, less visible incidents, particularly in rural areas, sometimes go unaddressed due to systemic bias or lack of resources.

The passage of the Sindh Hindu Marriage Act in 2016 and the subsequent Punjab Hindu Marriage Act are examples of legal frameworks intended to recognize and protect the rights of religious minorities. These instances reflect a pattern of slow but noticeable progress in some areas, juxtaposed against significant delays and incomplete implementation in others.

The effectiveness of the Supreme Court’s directives has been curtailed by bureaucratic inertia; lack of political will; and inconsistent attention to minority issues. Continuous advocacy is needed to achieve meaningful change.

The state of minority rights in Pakistan today is a reflection of a nation caught between its constitutional commitments and the realities of societal and institutional challenges. At the heart of this landscape is a legal framework that, while comprehensive in its scope and intention, often falls short in practice, leaving many in minority communities feeling vulnerable and marginalised.

The constitution explicitly guarantees the rights of minorities, promising equality before law and freedom to practice one’s religion. Yet, the reality for many in these communities is a daily narrative of apprehension and uncertainty. This dichotomy stems from a legal system struggling under the weight of enforcement issues; lack of adequate resources; and sometimes a lack of comprehensive understanding and acceptance in the law enforcement agencies.

The progressive intent in the Supreme Court’s 2014 judgment showed judicial empathy and understanding. It provided legal affirmation that the state recognised its duty towards all its citizens irrespective of their faith. However, the slow pace of implementation and the sporadic enforcement of these directives paint a sombre picture.

Having to fight for the rights promised by the constitution is emotionally taxing for minority citizens. Incidents of violence, discrimination in the job market, difficulties in accessing education and challenges in freely practicing their religion are stark reminders that the legal assurances have yet to fully materialise into societal acceptance.

The writer is an advocate of the high court, a founding partner at LexMercatoria and a visiting teacher at Bahria University’s Law Department.  She can be reached at minahil.ali12@yahoo.com