Minority Rights and Pakistan’s Constitutional Promise

Tariq Mehmood Ghouri Blogger ibcenglish

More than seventy years after independence, Pakistan continues to wrestle with a question central to its identity: how to turn constitutional guarantees for minorities into a lived reality. Laws exist, court judgments have been delivered, and principles have been articulated—but inclusion cannot survive on paper alone. It requires consistent enforcement, social maturity, and a steadfast commitment to the vision of Quaid-i-Azam Muhammad Ali Jinnah.

The treatment of minorities is not a marginal issue; it is a core indicator of the health of a constitutional democracy. Minority communities religious, ethnic, and linguistic—are defined not by numbers but by their vulnerability to exclusion from power, opportunity, and protection. Christians, Hindus, Sikhs, Ahmadis, and other groups have long contributed to Pakistan’s political, economic, and social life. Yet, even decades after independence, many continue to face discrimination, insecurity, and marginalisation.

At the birth of the nation, Quaid-i-Azam Muhammad Ali Jinnah articulated a clear and inclusive vision. In his historic address to the Constituent Assembly on 11 August 1947, he declared that religion would have “nothing to do with the business of the State” and that citizens would be free to practise their faith without fear. This was not mere rhetoric it was a constitutional and moral roadmap for the new state.

Alongside Prime Minister Liaquat Ali Khan, the cabinet included Jogendra Nath Mandal, a Dalit Hindu, as Law and Labour Minister, and Sir Muhammad Zafarullah Khan, an Ahmadi Muslim, as Foreign Minister. As Law Minister, Mandal played a key role in shaping the Constitution of the newly formed state, underscoring that Pakistan’s founders were deliberate about the country’s ideology: a secular state where religion would not dictate governance. Other members, including Khawaja Nazimuddin (Home Affairs) and Raja Ghazanfar Ali Khan (Food and Agriculture), illustrated an early commitment to inclusion and diversity. By design, Pakistan’s highest offices were not reserved for a majority community—they were open to all citizens, signalling that the state belonged equally to everyone.

The Constitution later reinforced these principles. Article 20 guarantees freedom of religion; Article 25 ensures equality before the law; Article 22(1) prohibits religious discrimination in educational institutions; Article 36 obligates the state to protect minority rights and ensure representation; and Article 33 calls on the state to eliminate racial and sectarian prejudice. Together, these provisions outline a vision of citizenship grounded in equality rather than identity.

Yet, the gap between constitutional promise and lived reality remains wide. Discrimination in education and employment, forced conversions, misuse of religious laws, and sporadic violence persist. These failures are not merely social; they reflect shortcomings in governance and enforcement.

A significant corrective came with the Supreme Court’s landmark judgment of 19 June 2014, which reaffirmed the state’s duty to protect the lives, property, and places of worship of minorities. The Court emphasised that religious freedom extends beyond worship to equal participation in civic life and requires strict state neutrality. It also called for stronger institutional safeguards, action against hate speech, and the integration of tolerance and harmony into education.

However, legal rulings alone cannot create an inclusive society. Real inclusion demands a shift in social attitudes, institutional practice, and everyday behaviour. Schools, media, religious leaders, and civil society all have a role to play. But the primary responsibility rests with the state to ensure that constitutional promises are applied consistently, impartially, and without discrimination.

Pakistan stands at a crossroads. The guidance of its founder, the text of its Constitution, and the interpretation of its highest court all converge on one principle: minority rights are not privileges; they are the measure of justice itself. A stable, confident, and united Pakistan can only emerge when diversity is recognised as a source of strength rather than treated as a threat.

This was the Pakistan Quaid-i-Azam envisioned. It is not a distant or idealistic dream. It remains within reach, if the nation chooses to honour its own foundations.

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