ABSTRACT
”At independence in 1947,the population of Hindus in Pakistan composed 20.5 percent of the population. By 1998, it had been reduced to 1.6 percent. [1]Data suggests that it has further shrunk making Hindus a helpless minority in Pakistan.”. Pakistani Hindus have been subjected to torture, rape, forceful conversion, and exploitation of them, their voices being silent by the majority and yet international law remains silent. This article revolves around the deteriorating condition of Pakistani Hindus and the legal international framework of minorities. Pakistan being an active member of the United Nation is actively breaching international law due to its continued exploitation of minorities as the United Nations has several laws which aim for the protection of minorities, which will be discussed below.
INTRODUCTION
In every country, minority endure a lot of inhumane problems and face imposition of the majority on their culture, religion and practices. In order to protect the minorities, there are several laws in the international domain. The International Human Rights law makes it obligatory for the government to establish mechanisms to safeguard human rights. Pakistan is a signatory to the International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration of Human Rights (UDHR): Hence it is bound to uphold minority rights. However, the ground reality is in stark contrast to what Pakistan preaches. The white strip in the Pakistani flag resembles the religious minorities living side by side with Muslims.
The article aims to explore the struggles faced by Pakistani Hindus, the legal mechanisms for minorities the need for stricter actions and a call for accountability and atleast in acknowledging the deep exploitation of the country’s minorities.
LEGAL FRAMEWORK FOR MINORITY RIGHTS IN INTERNATIONAL LAW
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)[2]
The international Convenant on civil and political right or the ICCPR,is a key to International Human Rights Treaty,providing for protection of civil and political rights.. It is the international bill of human rights. Pakistan has ratified the ICCPR on June 23,2010.
Article 27 OF INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR)- [3] Countries that have the existence of religious, ethnic and linguistic minorities shall protect their culture,religion and language of the same. They shall not be subjected to discrimination and should have full religious freedom.
ARTICLE 18 – Article 18 of ICCPR grants the freedom to freely profess, manage one’s own religious’ affairs. They shall not be discriminated on the basis of religious beliefs, can manage their own religious affairs.
These two articles are the most important as these are some of the basic rights given to any person. Pakistan having ratified the INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS must have upheld those rights. However, this is not the case.
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)[4]
Universal Declaration of Human Rights, drafted by representatives from all regions of the world. Proclaimed by United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) , it calls for the safeguarding human rights.
Article 18 of the Universal Declaration of Human Rights protects the right , to freely propagate one’s own religion, to worship one’s god. This article is important for minorities as it protects them from discrimination.
Article 26 states that every person is equal before law irrespective of religion and language.
INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (CERD)[5]
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) proposes it’s members to put an end to all forms of racial discrimination. To criminalize hate speech and criminalize membership promoting racism are two of it’s aims. Pakistan has ratified the same in 2020.
PAKISTAN’S CONSTITUTION itself guarantees freedom of religion and freedom of all religions.
CHALLENGES FACED BY HINDUS IN PAKISTAN– CONTRAVENTION OF HUMAN RIGHTS PROVISIONS
[6]A 2005 report reveals that textbooks in schools have been published which ultimately shows Hindus in a bad light. In past years,hindu doctors and teachers are also reported to be kidnapped. They are ultimately treated as second-class citizens , discriminated against in every spheres of their life from education to job and healthcare facilities. Hindu temples have been vandalized and Pakistan’s blasphemy laws add an extra burden on the minorities in Pakistan. These acts are actively contravening Article 2 of the UDHR and Articles 2 and 26 of the ICCPR .ARTICLE 2 of the Universal Declaration of Human Rights states that every human irrespective of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status, shall be discriminated or denied of their rights.Article 26 of ICCPR which prohibits religious discrimination.
[7]Hindu women are raped, forcefully married to Muslim men and forced to convert to islam. Local media reported the marriage of a 10-year-old hindu girl to an 80-year-old muslim man. There are various cases in which they target Hindu women for the carrying of their propaganda. This contravenes articles on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Forced marriages contravening Article 16 of the UDHR.
[8]Pakistan’s blasphemy laws severely affect the minorities -in Pakistan. Blasphemy laws criminalize acts that are deemed to be offensive to Islam and also has death penalties for the same. Reports suggest that they actively, without evidence target Hindus and make them involved in false blasphemy cases and also give death penalties to them.
CRITICAL ANALYSIS
Pakistani Hindus are one of the most persecuted minority in Pakistan yet no one raises voice for them. They have been facing torture, discrimination, the girls getting raped, and forcefully converted to Islam. There are so many laws which aim to protect minorities. Pakistan is a signatory to so many bodies whose aim is to promote religious freedom. It is ironic that they are committing an active genocide of Hindus despite being a member of United Nations. Every day Hindus of Pakistan are facing discrimination. No one supports them . The Hindus in rural areas particularly face severe anxiety. They are reduced to mere second-class citizens.
Pakistan should consider reviewing its blasphemy laws and International human rights organizations and the UN should continue to monitor Pakistan’s state of affairs
CONCLUSION
Pakistani Hindus are actively facing genocide. It is time for people to raise their voice. It is time for the International bodies to come to play and show that they work on the ground too. Pakistan’s treatment of minorities is only a black mark on the bodies like United Nations. International law aims to foster mutual respect and support for minorities but it has ultimately failed.
[1] Pakistan’s Hindu Conversion Crisis (2020) New York Times https://www.nytimes.com/2020/08/04/world/asia/pakistan-hindu-conversion.html accessed 9 November 2024.
[2] United Nations, International Covenant on Civil and Political Rights (16 December 1966) https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights accessed 9 November 2024.
[3] : United Nations, International Covenant on Civil and Political Rights (16 December 1966) https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights accessed 9 November 2024.
[4] https://www.un.org/en/about-us/universal-declaration-of-human-rights
[5] United Nations, International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965) https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial accessed 9 November 2024.
[6] All-Party Parliamentary Group on Freedom of Religion or Belief, Pakistan Hindu Brief (2020) https://appgfreedomofreligionorbelief.org/media/Pakistan-Hindu-brief.pdf accessed 9 November 2024.
[7] All-Party Parliamentary Group on Freedom of Religion or Belief, Pakistan Hindu Brief (2020) https://appgfreedomofreligionorbelief.org/media/Pakistan-Hindu-brief.pdf accessed 9 November 2024.
[8] BBC News, ‘Hindu Girl’s Forced Conversion Sparks Outrage in Pakistan’ (30 April 2019) https://www.bbc.com/news/world-asia-48204815 accessed 9 November 2024.
