To elucidate why implementing the rights of religious minorities in Pakistan is challenging, former Chief Justice of the Supreme Court of Pakistan, Tassaduq Hussain Jillani, referenced U.S. Supreme Court Justice Learned Hand. In a famous 1944 address, Justice Hand noted, “Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. While it lies there, it needs no constitution, no law, no court to save it.”
The topic was central to discussions featuring Justice Jillani, Peter Jacob, the Director of the Center for Social Justice, and rights lawyer Sumera Shafiq. These discussions were part of a program organized by the Lahore School of Law, focusing on Justice Jillani’s influential 2014 judgment on religious minorities. The session was moderated by Asif Aqeel, a lecturer at the Lahore School of Law who has extensively covered religious minority issues in both international and national media, and conducted research for organizations like UNDP and Amnesty International.
Justice Jillani expressed a longstanding need for a clearer understanding of Article 20 of Pakistan’s Constitution, which guarantees religious freedom for all. “Following the 2013 suicide bombing in Peshawar, as a justice at the Supreme Court, I took suo moto notice—the only time I exercised this power,” he explained. In his judgment, he cited numerous examples from the Holy Quran and Sunnah to illustrate that Islam promotes an egalitarian and pluralistic society where people of all religions have equal fundamental rights, a concept that needs greater understanding and acceptance.
Peter Jacob, citing his research, pointed out that a decade after the judgment, only 24% of its directives have been implemented, highlighting systemic inertia that hampers the enforcement of such landmark decisions. Addressing these implementation challenges, Justice Jillani noted that religious minorities in Pakistan continue to face various issues, including violence. He emphasized that the Supreme Court of Pakistan could play a crucial role in extending constitutional guarantees, much like the U.S. Supreme Court did in the 1954 Brown vs. Board of Education case, which led to the desegregation of U.S. schools.
Advocate Sumera Shafique highlighted ongoing struggles in enforcing the 5% job quota for minorities mandated by the judgment. She lamented that this judgment is seldom invoked by lower courts when deciding cases related to religious minorities.
The event concluded with former Lahore High Court Justice Nasira Javed Iqbal, also the principal of Lahore School of Law, offering thanks and presenting tokens of appreciation to the distinguished guests.
