Persecution of minority Hindus, Sikhs, Christians, Buddhists & Jains in Pakistan led to CAA in India
Pankaj Singh / New Delhi
Indian and Pakistan governments entered into pact on security and rights of minorities on April 8, 1950. The famed Nehru-Liaquat agreement was signed in the backdrop of unprecedented and large-scale migration of persons belonging to minority communities between the two countries after East Pakistan and Noakhali riots.
Nehru-Liaquat agreement encompasses inter alia, complete equality of citizenship, irrespective of religion, a full sense of security in respect of life, culture, property and personal honour, freedom of movement within each country, occupation, speech and worship subject to law and morality.
India and Pakistan agreed that minorities will have equal opportunity vis-à-vis majority community to participate in public life and hold political office. Both the governments declared that these rights were fundamental.
Both sides agreed to such rights for migrants from East Bengal, West Bengal, Assam and Tripura where communal violence occurred. They committed to freedom of movement and protection during transit, rights of ownership in or occupancy of the immovable property of migrants shall not be disturbed. If such property was disturbed during his absence, it shall be returned to him or her in case they return by December 31, 1950.
In cases where restoration of such immovable property to migrants who return within stipulated time was not possible, the two governments were to take appropriate steps to rehabilitate them. Scope of these terms was general based on exigency and prevailing situation at that time in India and Pakistan.
In a nutshell, the idea behind signing of the pact was to provide a framework and obligations for treatment of minorities in both the countries post-Independence.
India kept its word and protected its minorities. But, successive governments in Pakistan failed to protect the minorities.
These rights were guaranteed to all minorities as per specific provisions in the Indian Constitution. Similar provisions do exist in the Objectives Resolution adopted by the Constituent Assembly of Pakistan.
There was always an element of doubt on Pakistan sticking to its commitment to equitably treat the minority Hindus in its territory. This lingering apprehension got intense after Pakistan declared itself as an Islamic State in 1973. Violence that followed after partition is still sore for the two countries till date.
Discrimination hitherto limited to political leadership and military establishment seems to have seeped into the Pakistan society with Islamist extremists holding sway.
Otherwise, how does one explain two Sikh businessmen being shot dead on May 15, 2022 by unidentified gunmen in Pakistan’s northwestern Khyber Pakhtunkhwa province? While the state turned mute spectator, minority Hindus continued to get targeted elsewhere.
Anti-Hindu protests staged outside temples in cities and towns of southern Pakistan where most Pakistani Hindus live bear testimony to state of minorities in the South Asian country.
One Hindu man was killed and four temples were damaged by Muslim demonstrators. Muslims attacked temples across Pakistan.
What stands out is the government of this overwhelmingly muslim majority nation that closed offices and schools for one day to protest the destruction of the Babri mosque in India.
Marchers shouted slogans such as “Crush India” and “Death to Hinduism”. In Lahore, Punjab’s capital, muslims used a bulldozer, hammers and bare hands to demolish the Jain temple near Punjab University.
As per National Database and Registration Authority (NADRA) of Pakistan, Hindu population may be around eight million today. Hindu population of Pakistan is geographically concentrated in rural areas of Sindh province where more than 90 per cent of them live. Small groups of Hindus can be found in Balochistan and Punjab as well. Hindus of Pakistan residing in the interior of Sindh or Balochistan belong principally to the untouchable class, scheduled caste Hindus.
Many of them are landless bonded labourers working on lands of big Sindhi landlords (known as Jagirdars). Those who live in towns and cities also have a menial standing and are generally employed as sweepers or Jamadars.”
In March 2019, protestors in Sindh attacked and burned Hindu shops as well as their temples following two incidents: in the first, one muslim maulvi accused a Hindu veterinarian of wrapping medicine with paper that had verses from the holy Quran. In the second, a student leveled blasphemy charges against principal of the school that happens to be a Hindu.
In July 2020, Pakistan government backtracked on its decision to allow construction of a Hindu temple in Islamabad, largely under duress from Islamic terrorists, religious groups and parties. The tackling of religious extremism continued to be on low priority for Pakistan though communal violence, religious and sectarian hatred have become a regular feature. In one of these incidents, the shrine of a Hindu saint was vandalised and torched in Karak.
International Convention on Elimination of All Forms of Racial Discrimination (ICERD) establishes obligations of state parties to respect, ensure racial equality and the right to be free from discrimination. Several other human rights treaties contain prohibitions on racial and other forms of discrimination, including the International Covenant on Civil and Political Rights (ICCPR).
Human Rights Council, the central human rights institution of the United Nations has affirmed that “racism, racial discrimination, xenophobia and related intolerance condoned by governmental policies violate human rights, as established in the relevant international and regional human rights instruments, and are incompatible with democracy, the rule of law and transparent and accountable governance.” The Human Rights Council has also urged “governments to summon the necessary political will to take decisive steps to combat racism in all its forms and manifestations.”
As a state party, India has committed to upholding its human rights obligations under ICERD, ICCPR, and other international human rights law treaties “in good faith,” and may not invoke “provisions of its internal law as justification for its failure to perform a treaty.” In December 2019, Indian Parliament adopted the much debated Citizenship (Amendment) Act (CAA). It was a courageous step that provides fast track to Indian citizenship for minorities from Afghanistan, Bangladesh, and Pakistan.
With few exceptions, states must guarantee non-nationals equal enjoyment of civil, political, social, and economic rights. For example, under ICCPR commitments, India may only treat non-citizens differently in policies pertaining to voting rights and holding political office. Racial equality-based human rights obligations further require India to ensure that all non-nationals, regardless of their national origin or migration status, enjoy equal due process in residency, citizenship, asylum… Whilst Pakistan has failed to remain consistent with the agreement signed between both the countries in 1950.
Nehru-Liaquat agreement of April 8, 1950 was did not get implemented as it had no binding provisions. As a result minority Hindus in Pakistan were subjected to abuse and discrimination whilst India remained consistent with its approach towards its minorities.
This piquant situation pushed Indian government to discharge its obligation towards minority hindus in Pakistan. The Citizenship (Amendment) Act (CAA) is certainly for the welfare of those minorities who are facing persecution on the grounds of religion in countries like Pakistan, Bangladesh and Afghanistan.
India must quickly frame Rules of the Citizenship (Amendment) Act to provide minorities from these countries with durable solution that includes local integration.
(Author is a contributing fellow at Centre for Integrated and Holistic Studies. He is an advocate at Supreme Court & formerly served as expert On Mission to UNHCR)