In theory, Pakistan is a federal parliamentary democracy, which elects its representatives through universal adult franchise. Joint electorates which were restored in 2002 mean that all citizens of Pakistan should be placed on the same electoral rolls regardless of their faith. This is true for almost all citizens, Muslims, Hindus, Christians, Sikhs etc., except one community which is placed on a separate list for no plausibly rational reason: the Ahmadi community.

Ahmadis are placed on a supplementary “non-Muslim” list and thus subject to state sponsored discrimination. In 2002, when the joint electorate was restored through an executive order, the then military regime, which otherwise portrayed itself as the bastion of enlightened moderation, placed Ahmadis on this separate list, telling Ahmadis that this was a minor concession to the Mullahs. It was not just a minor concession though because it hit at the root of the idea of citizenship in Pakistan, because from then on Ahmadis are the only other in citizenship category, given that none of the other communities, Muslim or non-Muslim, are placed on a separate list.

Declared non-Muslim for the purposes of law and constitution through a constitutional amendment in 1974, Ahmadis have faced systematic denial of their fundamental rights guaranteed to them under the constitution as citizens, including their right to cast their votes in a general election.

Ahmadis believe that they are Muslims and Article 20 of the Constitution does allow them the right to believe they are, even if the state considers them non-Muslim for the purposes of law and constitution.  Since they believe they are Muslims and have the same names as official Muslims, they somehow are deemed to pose a threat to the faith of the majority by merely being on the same list. Hence, they alone must be placed on this supplementary non-Muslim list. In other words, they can vote only if they accept that they are non-Muslim. To reiterate, Christians, Hindus, Sikhs etc. are placed on the main rolls with Muslims.

Consequently, the Ahmadis have once again decided to boycott the elections this year citing this unconscionable discrimination which, they say in a press release issued by the Anjuman-e-Ahmadiyya, militates against not just the constitutional scheme which speaks of equality but the solemn promises of equality of citizenship that Quaid-e-Azam Mohammad Ali Jinnah made to all citizens of Pakistan, Muslim or non-Muslim.

Joint electorates which were restored in 2002 mean that all citizens of Pakistan should be placed on the same electoral rolls regardless of their faith. But Ahmadis are placed on a supplementary “non-Muslim” list and thus subject to state-sponsored discrimination.

Supporters of the separate list for Ahmadis and the ensuing discriminatory practices contend that since Ahmadis do not acknowledge their classification as non-Muslims according to the constitution, they should be deemed ineligible for the fundamental rights enshrined in that very constitution. This is a very dangerous argument to make and is patently wrong. Disagreeing with constitutional provisions is neither illegal nor unconstitutional. This is why there is a process to introduce a constitutional amendment. Every time you amend the Constitution, you are actually disagreeing with some part of it. It is therefore perfectly constitutional to disagree with the 2nd Amendment. It is perfectly constitutional to espouse the idea that one day Pakistanis will have the collective wisdom to undo it. The Constitution of Pakistan does not require an Ahmadi to accept that he or she is a non-Muslim. It states that for the purposes of the Law and Constitution, Ahmadis are non-Muslim, which means that an Ahmadi cannot hold the office of the President or Prime Minister.

The right of an Ahmadi to reject the second amendment, however, is protected by Article 20 as well as the Objectives Resolution. The notion that Ahmadis will be granted their rights as citizens only if they concede their non-Muslim status, is an untenable proposition. Conversely, even if Ahmadis were to acquiesce to this demand, some might subsequently insist on labeling them as Murtad or apostates. Ultimately, this amounts to calling forth a flood.  Ahmadis’ resistance to their pigeonholing into the non-Muslim category is actually a very needed push back to the idea that the state can decide who is a Muslim and who is not.

This question aside, the denial of franchise on the basis of a theological question is out of step with the idea of a nation state in 21^st century. While there are states that confine citizenship to one group or the other or make citizenship rights contingent on religious or ethnic considerations, those states are no models to emulate. As the Supreme Court of Pakistan held in the Tahir Naqqash case in 2022, the Pakistani constitution does not disavow Ahmadis as citizens and therefore the state is bound to accord to them equal rights regardless of their status as Muslims or Non-Muslims. The Constitution of 1973 states in 106(2):

“A person shall be entitled to vote if-

(a)       he is a citizen of Pakistan;

(b)       he is not less than eighteen years of age;

(c)       his name appears on the electoral roll; and

(d)       he is not declared by a competent court to be of unsound mind.”

Furthermore, Pakistan is bound by its international covenants to accord this right.  Article 21 of the Universal Declaration on Human Rights states:

“Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.”

Article 25 of the International Covenant on Civil and Political Rights (ICCPR) that Pakistan ratified in 2010 states:

“Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen

representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by

universal and equal suffrage and shall be held by secret ballot, guaranteeing the

free expression of the will of the electors”

The question of faith therefore cannot arise when determining electoral rolls. Every citizen ought to be on the same roll without exception.  As things stand, Ahmadis are excluded from this basic exercise of citizenship and this violates Pakistan’s international obligations. Technically this would be enough to strip Pakistan of its GSP+ status and other preferential trade deals that have been linked to the country’s fulfillment of these obligations. The problem is easily fixable (put everyone on the same list) but the state seems utterly powerless against extremists that drive this popular discrimination.

Yasser Latif Hamdani

The writer is an advocate of the high courts of Pakistan and author of ‘Jinnah: A Life.’

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“To deprive a non-Muslim (minority) of our country from holding his religious beliefs, to obstruct him from professing and practicing his religion within the four walls of his place of worship is against the grain of our democratic Constitution and repugnant to the spirit and character of our Islamic Republic,” stated a powerful nine-page verdict, authored by SC judge Justice Syed Mansoor Ali Shah in 2022. The judge was presiding over a division bench hearing a petition against the offence of blasphemy on Ahmadi individuals.

This SC judgement had overturned an earlier verdict of the Lahore High Court (LHC) which had supported the charges of blasphemy against members of the Ahmadi community over a complaint that they had kept their place of worship as a mosque and displayed Islamic symbols on its inner walls.

Justice Mansoor Ali Shah had further stated that for an offence to fall under Section 295-B, “the accused must have defiled, damaged or desecrated a copy of the Holy Quran or its extract or use it in a derogatory manner or for any unlawful purpose”.

But these orders of the top court were flouted by police authorities in Punjab who raided homes of Ahmadi citizens after receiving complaints from workers and supporters of extremist group Tehreek-e-Labbaik Pakistan (TLP). Several Ahmadi citizens were reportedly harassed across the country on Eid al Azha by extremist individuals who wanted to make sure Ahmadis do not perform the ritual sacrifice.

Raids in Faisalabad

At least three houses belonging to members of the Ahmadi community were raided by the police in Faisalabad on Eid al Azha following complaints by workers of extremist group Tehreek-e-Labbaik Pakistan (TLP), and the policemen confiscated sacrificial animals present inside the houses.

Ahead of Eid, police authorities in Punjab had vowed strict action against Ahmadi citizens found offering the ritual sacrifice, amid threats to the marginalised community by extremist groups. The first day of Eid al Azha was marked on June 29 in Pakistan.

A spokesperson for the Ahmadi community told Dissent Today that extremist individuals kept peeking inside houses of Ahmadi residents in Faisalabad to see if they were slaughtering sacrificial animals. Sacrificial goats and cows were seized by the police in raids conducted on complaints of extremist individuals.

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The TLP workers destroyed the minarets and domes of the 118-year-old worship place in the attack yesterday night.

According to a representative of the community, the mob attacked the worship place in the presence of police.

In another video, enraged TLP workers could be seen outside the worship place, chanting “Labaik” slogans.

Tehreek-e-Labbaik Pakistan (#TLP) activists attacked over a hundred-year-old Ahmadi worship place in Ghughiat, #Sargodha.

Since the start of this year, as many as five worship places of the persecuted religious community have come under attack. pic.twitter.com/FwlI9r6Hz0

— Dissent Today (@DissentToday) April 17, 2023

Declared non-Muslims in Pakistan, the Ahmadis face social and legal discrimination with growing incidents of attacks on their worship places, as well as desecration of their graves reported this year.

Last month, the graves of Ahmadi community members were also desecrated in Faisalabad.

Since the start of this year, as many as five worship places of the persecuted religious community have come under attack.

Earlier, the Human Rights Commission of Pakistan (HRCP) found that civil administrations in Gujranwala and Wazirabad were directly involved in the recent attacks targeting the Ahmadi community’s worship places in these cities.

An HRCP-led fact-finding mission pointed out that there is evidence suggesting the civil administration in Gujranwala and Wazirabad were directly involved in destroying the minarets of Ahmadi worship places in December 2022 and January 2023.

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In a notification issued by the Office of the Deputy Director (Colleges) making rounds on social media, the district administration has formed “inspection committees” in the district which are going to inspect “thoroughly” all libraries and educational institutions to ensure they do not possess translations of the Holy Quran published by Ahmadis.

While referring to the members of the inspection team, the notification states “you are again directed to investigate and verify that no institution/ Library above mentioned version or translation”.

The committees would also take a certificate from the principals of private and public schools confirming that they do not possess translations of the Holy Quran published by Ahmadis.

While country is sinking, look at our priorities. This new govt. directive forbids any library or educational institution in the district from carrying the translation of the Holy Quran published by Ahmadis.

This ban includes Ahmadi-owned and run institutions in Rabwah. pic.twitter.com/Dx4sXcs7SS

— Kashif N Chaudhry (@KashifMD) April 5, 2023

Earlier this year, police in Rabwah registered a case against five Ahmadis under blasphemy charges and arrested one of them for publishing and distributing an ‘altered’ version of Quran’s Urdu translation four years ago.

Muhammad Hassan Moawia, secretary general of Tahafuz Khatme Nabuwat Forum Pakistan, filed a complaint against the Ahmadis for distributing Holy Quran in a ceremony in a private school in Rabwah.

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The Centre for Social Justice (CSJ) has issued the Human Rights Observer 2023, an annual fact sheet, covering five key issues impacting religious minorities, including discrimination in the education system, the prevalence of forced faith conversions, abuse of blasphemy laws, the establishment of the National Commission for Minorities and jail remissions for minority prisoners.

Regarding the abuse of blasphemy law, the rights group noted an increase in abuse of blasphemy laws, especially in Punjab. At least 2,120 people had been accused of committing blasphemy between 1987 and 2022. In 2022, at least 171 people were accused of committing blasphemy with 65 per cent of the cases being reported from Punjab while 19 per cent being reported from Sindh. Among 171 people, 88 were Muslims, 75 Ahmadis, four Christians, and two Hindus, while the identities of the others could not be ascertained.

The report notes the law disproportionately impacts minority groups.

Regarding forced conversions to Islam, the factsheet analysed 124 reported incidents of forced faith conversions involving girls /women from minority communities which included 81 Hindu, 42 Christian, and one Sikh. 23 per cent of girls were below 14 years of age, 36 per cent of them were between the age of 14 and 18 years, and only 12 per cent of the victims were adults, while the age of 28 per cent of the victims was not reported. 65 per cent of cases of forced faith conversions were reported in Sindh, followed by 33 per cent in Punjab, and 0.8 per cent each in Khyber Pakhtunkhwa and Balochistan.

The fact sheet also noted that content against minorities increased in curriculum and textbooks. The report also stated that the laws granting respite to minority prisoners were also not implemented by the prison authorities.

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Since the start of this year, as many as five worship places of the persecuted religious community have come under attack. In one such incident, police in Wazirabad destroyed the minarets of a worship place.

According to the details, the operation against the worship place was conducted by officials from the Counter Terrorism Department, and Gujrat police officials.

A representative from the Ahmadi press section said the community members tried to stop officials from razing the minarets, stating that the worship place was 70 years old. However, the officials threatened the members with a First Information Report (FIR) in case of non-compliance.

Declared non-Muslims in Pakistan, the Ahmadis face social and legal discrimination with growing incidents of attacks on their worship places, as well as desecration of their graves reported this year.

Earlier, the Human Rights Commission of Pakistan (HRCP) found that civil administrations in Gujranwala and Wazirabad were directly involved in the attacks targeting the Ahmadi community’s worship places in these cities.

An HRCP-led fact-finding mission pointed out that there is evidence suggesting the civil administration in Gujranwala and Wazirabad were directly involved in destroying the minarets of Ahmadi worship places in December 2022 and January 2023.

The administration claimed they had done so to circumvent the threat of mob violence as objections were raised by members of a local political-religious outfit against the Ahmadi worship places.

However, the report stated, the way local administration handled the issue “fostered growing hostility towards the Ahmadiyya community and increased the vulnerability of Ahmadi residents in the area”.

“While the mission understands that the local bureaucracy, police, and judiciary were successfully intimidated by a religious group, their response displays a pitiful inability to manage law and order while respecting the fundamental rights of the Ahmadiyya community,” the report added.

The HRCP also raised concerns over the district administration’s perception that this kind of persecution is be backed up by law and the Constitution.

The mission also “underscored an alarming uptick in the persecution of members of the Ahmadiyya community in Gujranwala and surrounding areas—specifically, the desecration of their graves, the destruction of minarets at Ahmadi sites of worship and first information reports (FIRs) filed against community members for carrying out ritual animal sacrifice on Eid”.

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The incident comes amid a rise in attacks on Ahmadi worship places, as well as the desecration of their graves.
Since the start of this year, as many as five worship places of the persecuted religious community have come under attack. In two such incidences, local administration was directly involved in destroying the minarets of a worship place, as per a report of the Human Rights Commission of Pakistan.

The family of the elderly man told Dissent Today that they have been offering prayers in that worship place for the last 60 years.

“We have been offering prayers in that worship place for the last 60 years, however, on Friday when we reached there to offer the prayers, the mob had already gathered and threatened us that they are going to forcibly occupy this worship place if we go ahead with our prayers,” they told Dissent Today. 

In a video that is being widely circulated on social media, the mob questions the community leader: “What’s your name?”

The family of the community leader told Dissent Today that he initially refused to give his name away but the mob already knew the name.

“They told him to change his name and remove ‘Muhammad’ and they told another Ahmadi, who was there to remove ‘Ahmad’ from his name,” the family added.

According to the family members, the mob was violent but due to an intervention of a few locals, the two Ahmadis managed to escape. However, the mob remained outside the worship place and the community did not offer prayers there.

The police are yet to register a First Information Report (FIR).

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Never ending persecution of the Ahmadiyya Community continues in Pakistan as some unknown persons desecrated 5 Ahmadi graves in the combine graveyard on the night of 10th February, 2023 in Talwandi, Khajoorwali, district Gujranwala.@OfficialDPRPP @rpogujranwala @CMMohsinNaqvi pic.twitter.com/QVslEjvzyk

— AmirMahmood (@IamAmirMahmood) February 12, 2023

According to reports, five graves belonging to the Ahmadi community members were desecrated.

In another incident, a shop belonging to an Ahmadi shopkeeper in Gujranwala was also vandalised. According to a spokesperson of the Ahmadi community, “unidentified men” removed “sacred Islamic names written outside the shop”.

In the middle of the night on 09th and 10th Feb, 2023 Talwandi Khajoorwali, district Gujranwala the opponents while removing the sacred Islamic names and other Islamic wordings written outside the shop of an Ahmadi shopkeeper. Another event of the ongoing Ahmadiyya persecution pic.twitter.com/ihvzDGzsyk

— AmirMahmood (@IamAmirMahmood) February 12, 2023

Declared non-Muslims in Pakistan, the Ahmadis face social and legal discrimination with growing incidents of attacks on their worship places, as well as desecration of their graves reported this year.
Last month, the graves of Ahmadi community members were also desecrated in Faisalabad.
Since the start of this year, as many as five worship places of the persecuted religious community have come under attack. In one such incident, police in Wazirabad destroyed the minarets of a worship place.

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