Likely impacts of legislation on prohibition of minority conversion of religion

in Pakistan

Abstract

Pakistan, a state which was established in the name of Islam is comprised of 96%
of the whole populace Muslims and the rest 4% is minority belonging to different
faiths, ethos, castes, traditions and religious beliefs. The Constitution of Pakistan
1973 which is influenced by the Objective Resolutions 1949 has granted the citizen
of Pakistan the liberation and freedom to profess their religion. Quaid-e-Azam
Muhammad Ali Jinnah also mandated a classic and a forceful espousal of a secular
state in which every citizen would be free to follow his own religion and which
shall make no distinction between the citizens on the grounds of faith.i But
regrettably, a huge number of cases have been witnessed in Pakistan where the
minorities of Pakistan are forcefully and coercively converted from their religion to
accept Islam. The number of minorities being suffered from involuntary
conversion is increasing with the increase in intolerance towards religious
minorities in the absence of a strict prohibitory Legal Provision. The most
vulnerable areas for forced conversions in Sindh are the Thar region (Umerkot,
Tharparkar and Mirpur Khas districts), Sanghar, Ghotki, and Jacobabad.ii On
November 24, 2016, the provincial assembly of Pakistan’s Sindh Province passed a
new law called the Criminal Law (Protection of Minorities) Act, 2015, which
prohibits forced religious conversions.iii The private bill was proposed in
December 2015 by Nand Kumar Goklani, a member of the provincial assembly of
Sindh who belongs to the minority Hindu community and is of the Pakistan
Muslim League-Functional political party.iv Furthermore a bill was presented in
Senate in 2020 which penalized the forceful conversion of minority conversion and
section 4 of it mandated the penal consequences of its commission including
Imprisonment which may extend to 7 years or fine up to one hundred thousand
rupees or both. The victim shall also be entitled to the compensation as ordered by
the Court.v

This article securitizes the potential impacts of such laws prohibiting the forceful,
coercive and involuntary conversion of minorities’ religions to Islam. It also
highlights certain constitutional and municipal law provisions including special
Laws and also the International treaties ratified by Pakistan which guarantee the
freedom to minorities to profess their respective religions. Furthermore it also
analyzes the sanctity of such acts and Laws prohibiting them in terms of Fiqh and
Shariah.

1. Introduction

The Forced conversion happens when by way of violence whether physical,

emotional and or psychological the religious conversion is ensured against
minority. Hence the victims of forced conversions are usually abducted and
submitted to force, duress and/or threats, being coerced to choose between bearing
the abuses and converting.vi According to the former vice-chairperson of the
Human Rights Commission of Pakistan (HRCP), Amarnath Motumal, 20 or more
Hindu girls are abducted and converted every month in Pakistan, although exact
figures are demanding to take.vii Even the Islamic institutions and clerics like
Abdul Haq (Mitthu Mian) (politician and caretaker of Bharchundi Shareef Dargah)
and Pir Ayub Jan Sirhindi (caretaker of Dargah pir sarhandi) are not exceptions
from such acts and are allegedly involved in these forced conversions or known to
have support from the ruling political parties of Sindh.viii In the absence of strict
legislation to redress such acts the culprit, according to the Amarnath Motumal,
vice chairperson of the Sindh Chapter of Pakistan's Human Rights Commission
believe that they have performed a religious obligation and will earn a place in
jannah for coercing minorities to convert into Muslims. The PMLN Politician
Haresh Chopra has also stated that the abduction and forced conversion of Hindus
and Sikhs girls is a business in Pakistan done by organized gangs of mullahs and
terrorists.ix

2. Laws Opposing Forced Conversion

Several bills have been presented to the Parliament the most recent one was Anti
forced conversion Bill which was rejected by the Parliament after Ministry of
Religious Affairs opposed it. The Religious Affairs Minister Mr. Noor ul Haq
Qadri opposed it on the grounds that it was inconsistent with the environment of
Pakistani society. It was just not the favorable environment for enacting new laws
restricting forced conversion.x He predicted that such Laws will cause more
problems for minorities and will deteriorate peace in the country.
i
Mr. Jinnah's presidential address to the Constituent Assembly of Pakistan – 11 August 1947
ii
Greenwood, R. (2016). Forced Conversion in Sindh, p. 7.
iii
Hufsa Chaudhry & Imtiaz Mugheri, Sindh Assembly Adopts Bill Against Forced Religious Conversions, DAWN (Nov. 24,
2016)
iv
(Shereena Qazi, Pakistan’s Sindh Province Outlaws Forced Conversions, AL JAZEERA (Nov. 25, 2016)
v
Protection of the Rights of Religious Minorities Act, 2020
vi
Greenwood Ibid pg.5.
vii
The News International (2010). “Hindu girls abducted every month
viii
Javaid, Maham (18 August 2016). "State of fear". Herald (Pakistan). Retrieved 13 February 2021.
ix
"Abduction of Hindus, Sikhs have become a business in Pak: PML MP". Times of India. 28 August 2011. Retrieved 13
February 2021.
x
Dawn, Nadir GuramaniPublished October 13, 2021.