Category Archives: Constitution

Was Jinnah Wrong?

By Zubeida Mustafa

MANY who listened to Prime Minister Imran Khan’s maiden speech on Aug 19 would not have failed to note the striking similarities in his address and the Quaid-i-Azam’s oft-quoted speech of Aug 11, 1947. That’s not really surprising, given that Khan described Jinnah as his role model, one who practised politics with a mission. Both speeches expressed deep concern at the prevalence of corruption and the absence of justice for the poor. They also spoke of the need to address the welfare of the common man.

But on one vital issue they differed: the status of religious minorities. Imran Khan touched on this in passing, in the context of the rule of law and everyone, including the minorities, being equal before it.

The Quaid, on the other hand, was more emphatic regarding the role of religious minorities and dwelt on the subject in a substantial way. He categorically declared, “You are free to go to your temples, you are free to go to your mosques or any other place of worship … You may belong to any religion … that has nothing to do with the business of the state”. He hoped that ultimately this equality would lead to “Hindus [ceasing] to be Hindus” and “Muslims [ceasing] to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the state”.

Seventy-one years have passed since these words were uttered and we have still to reach that goal. It is unlikely that we ever will, because at one stage — under Gen Zia — we changed direction. Only if naya Pakistan had held out hope for these eight million citizens, they would have been reassured of a better future. This reminder came on Aug 11, which has been observed as the National Minorities Day since 2009. A convention held in Lahore demanded that the oft-quoted speech of the Quaid be incorporated in the Constitution. Weren’t the minorities supposed to be, in equal measure, a pillar of the political structure of Jinnah’s Pakistan?

Minorities are being gradually marginalised.

We started on the right track as was Quaid-i-Azam’s vision and mission. Chaudhri Muhammad Zafrullah Khan, an Ahmadi — a community later ostracised because of its faith — was the foreign minister. No one questioned his beliefs. Justice Cornelius, a Christian, was a highly celebrated chief justice. There were numerous other non-Muslims who held important positions in the judiciary, administration and even the armed forces. They were all trusted and have left their footprint in their respective fields.

But suddenly the tide turned.

It is strange that the attempt at ‘Islamisation’ should have brought with it discrimination. It should not have been so, as Islam exhorts us to treat non-Muslims on an equal footing.

Yet the religious minorities are gradually being marginalised. Take the present set-up. In the first cabinet named by Prime Minister Imran Khan, not a single non-Muslim has been given a slot. This may be an oversight, but it sends a negative message to the people.

Peter Jacob, executive director of the Centre for Social Justice, recalls how the minorities have suffered over the years. He tells me that since 1997, the religious minorities have been subject to over 100 attacks. These include acts of violence against 45 churches and 11 residential settlements. Then there is the suffering inflicted on them on account of often baseless blasphemy allegations.

Shantinagar and All Saints Church in Peshawar are names that have been carved in blood on the collective memories of all those who stand for social justice.

I wish the government would take a firm stand supporting religious diversity and condemn intolerance vis-à-vis the minorities. Many practices are so ingrained in our system that they are not even questioned. The most widely affected is the education sector which in turn makes an impact on the minorities’ prospects in professional life. Take, for instance, the practice of giving extra marks to those memorising the Quran. Non-Muslim students find themselves in a dilemma as no alternative option has been announced for them.

The state’s indifference has encouraged extremists to take matters into their own hands. A number of young Hindu and Christian girls are reportedly abducted and forced to convert to Islam. One can understand how many among the minorities live in fear and trepidation for their daughters’ security. It is shocking that at times even the courts have failed to provide redress on one ground or another.

Hence one can understand the demand by the convention held two weeks ago to rectify the numerous contradictions in the Constitution which go against the principles of equality spelt out in the chapter on fundamental rights. In this context one would strongly support the demand for a law defining grounds for prosecution and punishment for acts of religious discrimination.

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No child’s play

By Zubeida Mustafa

FOUZIA is 13 and is employed by a working mother of two children. Fouzia is the victim of oppression on three counts. She performs the duties of an adult woman, which would be classified as child labour. She is not attending school as is compulsory for children from five to 16 years of age under Article 25-A of the Constitution.

Above all, she will soon be another example of early marriage as she is said to be engaged. The wedding will take place as soon as she has earned enough for her dowry. In the process, Fouzia has been robbed of her childhood and an education.

These deprivations do not bother this young girl’s family. Their sociocultural norms and, according to many, poverty have landed her in this ugly situation. According to Unesco, from 1987 to 2005, early marriage was the fate of nearly 32 per cent of all children in Pakistan. Continue reading No child’s play

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Quest for schools

Neelum Colony on the fringe of DHA, Karachi

By Zubeida Mustafa

MARCH 23 was an occasion for soul-searching by civil society activists. In a meeting they demanded a new social contract to revive the spirit of the Lahore Resolution. The emphasis was on giving the underprivileged their due share in parliament and national resources. The assumption is that a share in policymaking and the country’s wealth will empower the disadvantaged, that is, the majority. Continue reading Quest for schools

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Language whims

By Zubeida Mustafa

MY last column on language-in-education evoked interesting comments from readers. Some raised valid concerns. Others betrayed unfounded fears about language — and also education. Quite a few of the comments were more an outpouring of emotional biases and not based on rational thinking.

First of all what needs to be clarified is that there is a world of difference between using a language as a medium of instruction (MOI) and teaching it as a subject. Whenever there is a discourse on the language-in-education issue we seem to get carried away by our passion for English. It needs to be understood clearly that a child learning history, geography or even science in an indigenous language can still learn English as a second language just like any German or Korean child does. If English is taught by competent teachers using the correct methodology the child will learn it well and quickly. Continue reading Language whims

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Why English again?

By Zubeida Mustafa

SINCE 1999, when Unesco first declared Feb 21 International Mother Language Day, this issue has received much attention throughout the world. In Pakistan, where the language issue has always had a complexity of its own, educators, linguists and activists are now more vocal than ever.

Will the ruckus being created have a real impact on the language situation in various sectors of national life? The courts have given two major language-related verdicts in the past two years. One was the Supreme Court’s directive of 2015 asking the government to use Urdu as the official language of administration. The second is the recent order of the Lahore High Court asking the Federal Public Commission to conduct CSS examinations in Urdu.

There is a logical link between the two. A person who is to conduct the affairs of governance in one language should be fluent enough in it to pass an exam to qualify as an administrator. The conclusion that follows is that the CSS candidates should have studied Urdu in school as well as college to be able to take examinations in that language. Continue reading Why English again?

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Flipping pages

On the same page?

By Rifaat Hamid Ghani

Our country’s history predisposes us to dwell on the tensions of the civil and military relationship and the resultant impact on our politics. Implicit in the spasmodically yet doggedly publicized affaire of Dawn ‘Leaks’ is the underwriting of the thought that the armed forces and the civil government are/may/will be at cross-purposes; or that one or both of these bulwarks of the state may have conflicting currents within them: A more perilously confusing state—domestically and internationally—than the frank impropriety of civil government being subservient to military diktat; or the armed forces blatantly flouting or choosing to act independently of civilian policy’s direction and directives. Continue reading Flipping pages

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Blame rests on ….

By Zubeida Mustafa

IN August, Pakistan will be celebrating the 70th anniversary of its independence. This has understandably spawned a spate of soul searching. It was in abundance at the Karachi Literature Festival. The session titled “Pakistan: a fragile state or resilient nation” focused entirely on the state and didn’t address the issue of resilience at all. The state was held responsible for all the evils that have befallen us.

Unsurprisingly, the speakers concentrated on identifying the villain of the piece that was said to be the ‘state’ — an abstract term. As the discussion proceeded, the state became the “invisible state” and then the “deep state”. The audience clearly understood that these terms referred to the army which has played a central role in determining Pakistan’s destiny. Continue reading Blame rests on ….

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Learning the hard way

By Rifaat Hamid Ghani

IT is of course entirely politically incorrect to miss the doctrine of necessity, and still more reprehensible to think wistfully of the Eighth Amendment. I would hate to appear on the side of our uniformly distinguished dictators who (fairly successful in some ways though toxic in others) variously went a-looking for the essence of democracy; an indigenous democracy not overawed by modes as of Parliament and Capitol Hill; or quite humbly a basic democracy; using those very legal implements. But quoi faire? Our democracy flounders like the bat in democratic daylight and finds its wings when fighting the dark of martial law. Continue reading Learning the hard way

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Loss of dignity

By Zubeida Mustafa

A FRIEND sent me his greetings on New Year with this verse: “Apnay haathon say dastar sumbhaloon kaisay/ Donon haathon mein kashkol pakar rakha hai.” (How should I hold up my turban when I hold the begging bowl with both my hands?)

The truth of this verse hit me when a news item in this paper reported the proceedings of the Senate recently. The government had come under fire from a PTI member for piling up external and domestic debts to such proportions that servicing them was becoming impossible.

One should not dismiss this as political gimmickry to embarrass the ruling party. After all, which party in Pakistan has even attempted to be self-reliant by adopting austerity as a policy to reduce the government’s dependency on loans? With few parties remaining in office for too long, every ruler spends money with abandon knowing that the chickens will come home to roost when he will not be around to cope with the problem. Continue reading Loss of dignity

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Aspiring to teach?

Teacher helping students in classroom
Teacher helping students in classroom

By Zubeida Mustafa

SINDH is a land of paradox. For several years, the provincial government has been spending massive amounts on education, or so it claims, but has failed to make any impact on the learning outcome of students. Quite a large number of children — 59 pc according to the Pakistan Social And Living Standards Measurement Survey 2014-15 — remain out of school.

I call this a paradox because when it comes to making verbal commitments, Sindh cannot be faulted. Thus apart from the huge financial allocations the province has been announcing for this sector, it was the first to adopt a right to education law to endorse Article 25-A of the Constitution. This recognises the right of every child between five and 16 years of age to free and compulsory education. Continue reading Aspiring to teach?

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