Lahore: 28 August 20204 - The Centre for Social Justice (CSJ) hosted a briefing to mark the 10th anniversary of the landmark Supreme Court judgment on minority rights, authored by former Chief Justice Tassaduq Hussain Jillani. The event, attended by lawyers, journalists, and human rights defenders, featured prominent speakers including Peter Jacob, Executive Director at CSJ, advocates Saroop Ijaz and Saqib Jillani, and was moderated by Naina Samson.
The speakers expressed grave concerns over the federal and provincial governments’ failure to implement the Supreme Court's 2014 judgment on minority rights. They called for urgent action to address ongoing human rights violations and stressed the need for concrete steps to protect religious freedom and uphold minority rights as per the court's directives.
Peter Jacob voiced his deep frustration over the persistent non-compliance with the Supreme Court’s directives. He highlighted the systemic weaknesses across all tiers of governance, noting the lack of progress made by government institutions over the past decade. He emphasized that the executive's continued failure to reform educational curricula in line with Article 22(1) of the Constitution and the half-hearted attempts to establish a national commission for minority rights, as per international standards, amounted to contempt of court.
Jacob urged the government to take serious measures to address the inefficiencies in implementing the court’s orders. He called for renewed commitment to protecting minority rights and promoting the broader democratic values of the country. He also raised concerns over the Supreme Court’s implementation bench, which has not held a hearing for over a year and a half, calling for its reconstitution to resume regular proceedings. Jacob also suggested empowering the One-Man Commission with contempt powers to improve the effectiveness of the commission and ensure compliance with the court’s judgment.
Saqib Jillani, a Supreme Court advocate, emphasized the importance of coordinated efforts across all branches of government, including the executive, parliament, judiciary, and other state institutions, to fulfill the constitutional promise of equality and non-discrimination for all Pakistani citizens. He underscored the need for the Supreme Court to take a more proactive role in enforcing its 2014 directives on minority rights. Jillani further stressed the importance of all courts, including high courts and trial courts, in addressing cases involving minorities and vulnerable groups with empathy and compassion, which he believes could significantly improve the quality of justice in Pakistan.
Saroop Ijaz, another advocate, noted that the 2014 judgment had the potential to bring about meaningful reforms, advancing religious freedom and fostering a more tolerant society. However, he expressed disappointment over the federal and provincial governments’ failure to leverage the judgment to promote equality and respect for diversity. Ijaz attributed the non-compliance to a lack of political will and administrative capacity, urging the government to prioritize the issue in its political agenda and ensure implementation at both federal and provincial levels.
At the event, CSJ launched a report titled "A Decade of Non-Compliance," which assessed the level of adherence to the Supreme Court's verdict on minority rights. The report revealed that none of the original seven directives issued by the court have been fully implemented by either the federal or provincial governments. Despite 34 hearings and 89 supplementary directives issued over the last decade, progress has stalled.
According to the report, Sindh recorded the highest compliance score, achieving 9 out of 25, followed by Punjab with 8 out of 25. Balochistan and Khyber Pakhtunkhwa scored 6/25 and 5/25, respectively. The federal government ranked lowest in compliance, reflecting significant delays in adhering to the court's instructions.
The civil society groups present at the briefing called for immediate action to rectify these failures and emphasized that protecting minority rights is essential for fostering equality and democratic growth in Pakistan.
