Effective measures:

4.1 All States shall take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life.

4.2 All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination, and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.                                                                            Article 4

National legislation

7.1 The rights and freedoms set forth in the present Declaration shall be accorded in national legislation in such a manner that everyone shall be able to avail himself of such rights and freedoms in practice.                                                                                                                  Article 7

Declaration on the elimination of all forms of intolerance and discrimination based on religion and belief

Legislation in general:

Religious discrimination injected in to the Laws during 70s and 80s received only cosmetic treatment in spite of the well known consequences on the entire society and policy. Legislation in Pakistan blatantly discriminated on the basis of religion on the basis of a confused notion of Ideology of Pakistan. In 2006 Mr. M P Bhandara, a minority member of the National Assembly hailing from the ruling Pakistan Muslim League (Q) proposed a definition the Ideology. His suggestion was ignored.

The religious minorities have claimed rightly that they were part and parcel of the freedom struggle thus they can not accept the status of as second class citizens on the basis of religion under any ideology.

During 2006, Criminal Law Amendment (Women’s Protection) Act was rushed through the parliament. The process involved some negotiation between the political powers on the drafts of the bill, however, the principal debate and demand for repeal of Hudood Laws was ignored. A blind eye was turned to the religious discrimination in Hudood laws, while preparing the amendment therefore the (women’s protection) The Criminal Law Amendment Act 2006 completely ignored the following discriminatory sections in Hudood Laws.

Offences against property (enforcement of Hudood) Ordinance (1979): Section 25. The presiding officer of the court by which a case is tried, or an appeal is heard, under this ordinance shall be a Muslim; provided that, if the accused is a non-Muslim, the presiding officer maybe a non-Muslim.

The Offence of Zina (enforcement of Hudood) Ordinance (1979): Section 21 the same provision of the law exists in the same manner as Section 25 of the Offences against property Ordinance.

The Offence Qazaf (enforcement of Hudood) ordinance (1979): Section 18 maintains the condition that the presiding officer has to be a Muslim whether the accused is Muslim or non-Muslim. Interestingly the Execution of the punishment of Whipping Ordinance passed jointly with the above mentioned ordinances makes no specification of religions about execution or executioner of the punishment of whipping.

Constitution and other laws:

The Constitution and substantive laws, and several regulations also discriminate among citizens on the basis of religion. These provisions create preferential status for Muslim citizens, the others just ignore that Pakistan is a multi-religious society.
These articles and laws need to be looked into to understand the present crisis.

The Constitution defines citizens’ beliefs:

Article 260 (3):

In the constitution and all enactments and other legal instruments, unless there is anything repugnant in the subject or context,--

(3a). “Muslim” means a person who believes in the unity and oneness of Almighty Allah, in the absolute unqualified finality of the Prophet hood of Muhammad (peace be upon him), the last of the prophets, and does not believe in, or recognizes as a Prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description or whatsoever, after Muhammad (peace be upon him); and

(3b). “non-Muslim” means a person who is not a Muslim and includes a person belonging to the Christian, Hindu, Sikh, Buddhist or Parsi community, a person of the Qadiyani Group or the Lahori Group (who call themselves “Ahmadis” or by any other name) or a Bahai, and a person belonging to any of the schedule castes.

Following is a specimen of such biases and discrimination that Constitution of Pakistan maintains:

• Islam is the state religion… Art. 2.
• The head of State has to be a Muslim… Art. 41 (2).
• The oath for Prime Minister in the third schedule of Art. 91 (3), suggests that this office is also reserved for a Muslim. He is required to declare his belief in finality of the Prophet-hood of Mohammed (PBUH), Quran and Sunnah.