Faletti’s Hotel Lahore
Theme: Privilege of the Religious Minorities in Constitution of the Islamic Republic of Pakistan
Chief Justice of Pakistan Mr. Justice Umar Ata Bandial addressing the Annual Former Chief Justice of Pakistan Mr. Justice Alin Robert Cornelius Conference on “Privileges of the Religious Minorities in the Constitution of the Islamic Republic of Pakistan Implementation Minority Rights Forum (IMRF) organized Annual Former Chief Justice of Pakistan Justice Alvin Robert Cornelius Conference with the theme of Privilege of the Religious Minorities in Constitution of the Islamic Republic of Pakistan on 7th May,2023 at Faletti’s Hotel Lahore. Justice Ata Bandial Chief Justice Supreme Court of Pakistan participated as chief guest in this conference. Tassaduq Hussain Jillani Formal Chief Justice, Bishop Azad Marshall, Fr. James Channan OP, Rev.Majid Abel, Mr. Samuel Payara were guest of honor in this this conference.
On the event’s theme, Justice Bandial paid tribute to Justice Alvin Robert Cornelius, who served as the chief justice of Pakistan from 1960 to 1968. He said Justice Cornelius gave 17 years to the Supreme Court and his life was an example for the judges because when he retired, he had no assets in the country. Recalling some of Justice Cornelius’ famous decisions, Justice Bandial said the late judge declared the governor general’s dissolution of the assembly as illegal, arguing that the executive officer could not decide the fundamental rights. Similarly, when two provinces banned Jamaat-i-Islami in 1964, Justice Cornelius lifted the ban, saying it was a matter of basic human rights, Justice.
Justice Bandial told participants that the Constitution assured freedom to profess religion and manage religious institutions subject to public order and morality. “Our Constitution in Article 21 safeguards against the taxation of any particular religion. So, for no particular reason can other religions be taxed,” he said. “Article 22 safeguards educational institutions in respect of religion. No religious instruction or ceremony in any educational institution other than one’s own religion.” The chief justice added that no citizen could be denied admission to educational institutions, which received aid from public revenues, on the grounds of caste, race, religion, or place of birth. “Our Constitution says everyone is free to profess their religion, and all citizens have equal rights and yet for years our minorities have felt discriminated, marginalised and sidelined,” he said. “The right to practice one’s religion or belief without fear of persecution or discrimination is a fundamental human right, recognised by international law and enshrined in many national constitutions, including Pakistan.” He added that in order for individuals to exercise their freedom of religion or belief, they must be able to do so without fear of coercion or discrimination, and with full protection of the law. “This requires a justice system that is fair, impartial, and independent, and that upholds the rule of law and human rights.”
Fr. James Channan OP Director Peace Center Lahore has urged the superior judiciary to play its role in ensuring justice and protection of the fundamental human rights of all citizens, especially the freedom to practice their respective religions or belief.
Fr. James Channan OP “During his tenure as chief justice, Cornelius tried to ensure protection and enforcement of fundamental rights in Pakistan,” Stressing the need to enforce Article 20 of Pakistan’s Constitution in letter and spirit. He said that the provision confers citizens the right to profess and practice their religions as well as the right to propagate their beliefs to others. It is important to note that this right to propagate religion is not limited to Muslims only. All other communities are also conferred with this right. “However, this should not be seen as a right to encourage conversions but more importantly, should be seen as a right against forced conversions or imposing beliefs on others,” He shared, referring to the issue of forced conversion and marriages of underage minority girls, particularly Christian and Hindus. He demanded strict implementation of the child marriage restraint laws as well as legislation for the protection of minority girls as a deterrent against forced conversions. We need to understand that such conversions and marriages are a cover for sexual exploitation of the girl child and the disconnect in the State law and Sharia laws is helping the perpetrators to elude justice.” He also called for a strong deterrent against the false accusations of blasphemy and demanded effective procedural and institutional safeguards at the investigative and judicial levels to prevent the misuse of the statutes.
Bishop Marshall referred to the evolution of multi-religious communities in the United Arab Emirates as a shining example of religious tolerance. “In the Arabic Faiths Center in Abu Dhabi lies a Hebrew Bible, our Old Testament, handwritten by Rabbis, prayed over in New York City and completed in Abu Dhabi by a Mufti and the President of UAE.
“Even then, there are boundaries, allocated spaces and rules that bind the diverse bodies of believers into self-contained worship to avoid spillover and communal tensions. The same communities, who cannot bear to be seen on the same street in their own countries, share a synergy of learning, development and output, sharing offices, schools and buildings in the UAE. This semblance of harmony however crumbles when these same people/communities return to their homelands where the rules and powerplay shifts,” he said.
Paying tribute to the late Justice Cornelius, Bishop Marshall said that the Christian jurist and legal philosopher’s contributions to Pakistan’s judicial history will always be a source of inspiration for generations of lawyers and judges in Pakistan and beyond.
Bishop Azad Marshall said justice and freedom of religion or belief are closely correlated, as both are essential components of a free and democratic society.
Concluding his address, Bishop Marshall also urged Chief Justice Bandial to take notice of the concerns of the Christian community and other groups regarding the national population census. “We are already perturbed by the results of the 2017 Census, which, we believe, grossly understates the Christian population. Now that the government is conducting Pakistan’s first digital census, we are again hearing complaints of undercounting, faulty questionaries, and delay tactics by enumerators. I urge the august court to direct the government to ensure a thorough and transparent census process.”
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Chief Justice of Pakistan Mr. Justice Umar Ata Bandial distributing shields among the participants during Annual Former Chief Justice of Pakistan Mr. Justice Alin Robert Cornelius Conference on “Privileges of the Religious Minorities in the Constitution of the Islamic Republic of Pakistan”
Chief Justice of Pakistan Mr. Justice Umar Ata Bandial being received shield during Annual Former Chief Justice of Pakistan Mr. Justice Alin Robert Cornelius Conference on “Privileges of the Religious Minorities in the Constitution of the Islamic Republic of Pakistan”
