|
How wealth/poverty
affects the treatment of Christian women in
Pakistan
Dissertation
submitted in partial fulfilment of MSc Poverty Reduction
and
Development Management
Student name: Anna-Joy Alves
Student number: 0761730
Supervisor: Professor Carol Rakodi (IDD)
Submitted: October 2006
Word Count: 11,264
International Development Department
School of Public Policy
The University of Birmingham,
Edgbaston, United Kingdom
2
Acknowledgements
I would like to acknowledge my supervisor Carole Rakodi
for her advice
and attention to detail, and also all the staff of IDD and
my coursemates
who have made this year146s MSc an amazing and formative
experience for
me.
Without doubt I could not have succeeded in this project
without the
support and encouragement of my husband, Thiago and also
that of my
family.
Likewise without the guide of Mike Wakely and Starfish
Asia my
fieldwork in Pakistan would have been, I am sure, a far
less rich and
informative time. Thank you to both Mike and all my
Pakistani friends
who welcomed me like I was family, and whom I do not have
space to
name individually. I also appreciate the contact with
CLAAS UK and
CLAAS Pakistan and the opportunity to visit their centre
in Lahore.
Finally this report is dedicated to the women working in
the brick kiln of
Youhannabad No. 2, Lahore. May you soon gain an education
for your
children and thus open the door to your families146
freedom.
3
Executive summary
The situation of the Christian community in Pakistan is,
by and large,
only highlighted in the case of human rights abuse, by
either the media or
human rights campaigners. Little is known by those who
have not visited
Pakistan what life is like for a 145typical146 Pakistani
Christian in his or her
day-to-day life. This research attempts to capture the
experiences of a
varied group of Pakistani Christian women in a bid to
expand our perhaps
rather narrow and sometimes mistaken view of this
community. The
specific interest of this paper is whether being rich
rather than poor
affects women146s experience as Christians in an Islamic
state.
Furthermore, what is the most effective way, according to
the Christian
community itself, to help those Christian women who are
poor?146 The
research was carried out in an urban context and limited
to the Punjab
where 90% of Pakistani Christians live.
The resounding answer - that poor Christian women need
education and
basic job-related training above all else - is perhaps
unsurprising. What is
not so expected is the finding that, when armed with
education and
therefore status, Christian women find opportunities,
respect from the
majority of Muslims and a significant decrease in the
discrimination that
their fellow poorer Christians experience. Although still
faced with
challenges and sometimes disadvantages due to their
religion, their
position in society is an encouraging message to those who
wish to aid
the Pakistani Christian community to both develop and
enjoy fairer
treatment in Pakistan.
Human rights lobbying and international pressure on
Pakistan to modify
its laws and combat institutionalised discrimination
against all religious
minorities is extremely important. Yet it is also wise for
us to consider the
opposite approach that begins 145bottom-up146 with the
community. This
research reveals that Pakistani society may be less
opposed to the
Christian community than its laws reflect and may perhaps
be ready to
respect an educated and therefore richer Christian
community more than
may be assumed.
4
Table of contents
List of tables and boxes
Chapter 1 Introduction
1.1 Purpose and structure of chapter 7
1.11.2 Brief background 7
1.21.3 Aim & objectives 7
1.31.4 Methodological approach
1.4.1 Important distinction and questions 8
1.4.2 Contacts and dates 9
1.4.3 Number and description of respondents 9
1.41.5 Limitations 10
1.6 Structure of this paper 11
Chapter 2 Literature review
2.1 Purpose and structure of chapter 12
2.12.2 Social exclusion 12
2.22.3 Different types of social exclusion 14
2.32.4 Religion-related exclusion 15
2.42.5 Relationship between poverty and exclusion 15
2.6 Relevant Concepts 16
2.7 Conclusion 16
Chapter 3 Background of the Christian community in
Pakistan
3.1 Purpose and structure of chapter 18
3.2 Historical origin 18
3.3 Size of population & geographical distribution 19
3.4 Christians and the state 19
3.5 Christian and the law 21
3.6 Christians and education 22
3.7 Christians and as a minority group 24
3.8 Attitude of the Christian community 25
3.9 Differing attitudes within Pakistan 26
3.9 Identification of Christians in society 26
3.10 Research available 27
3.11 Conclusion of chapter 27
Chapter 4 Findings
5
4.1 Purpose and structure of chapter 28
4.2 Occupations of respondents 28
4.3 Experiences of Christian women
4.3.1 Different attitudes towards Christian women 30
4.3.2 Common insults and stereotypes 33
4.3.3 The significance of names 34
4.54.4 The poor treated worse than the rich 34
4.64.5 Suggestions for differences in treatment 35
4.5.1 Rich Christians know how to respond 35
4.5.2 Friendships to gain something 36
4.5.3 Cultural priorities over religious difference 36
4.5.4 The influence of behaviour 36
4.5.5 Educated Christians in contact with133 37
4.74.6 Attitudes of rich Christians to poor ones 37
4.84.7 Improving the lives of Christian women 37
4.104.8 Conclusion 39
Chapter 5 Summary
5.1 Purpose and structure of chapter 40
5.2 Summary 40
5.3 Policy implications 40
5.4 Areas for further research 41
5.5 Conclusion 42
Appendix 1 Blasphemy laws 43
Appendix 2 Laws open to abuse 49
Bibliography 55
6
List of tables and boxes
Table 1 The areas which are encapsulated by the term
145Social Exclusion146 13
Table 2 Number of Christians in the Punjab 18
Table 3 Occupation of respondents 28
Table 4 Proportion of Muslims to Christians in workplace
29
Box 1 Bashiran Mashi 31
Box 2 Shannaz 32
Box 3 Zurina 32
Box 4 Rubina Ramzan 34
Box 5 Two cousins 35
7
CHAPTER 1: INTRODUCTION
1.1 Purpose and structure of chapter
This chapter introduces why, how and in what context this
research was
carried out. The background of the situation is summarised,
followed by
the outline of the main objectives of the research. An
explanation of the
methodology describes how the interviews were organised
and
conducted. Lastly the limitations of the research are
detailed and the
structure for the rest of the dissertation is laid out.
1.2 Brief background
Pakistan features on the list of 145countries of
particular concern146 named by
the United States Commission on International Religious
Freedom
(alongside only 10 other countries). The reason for this
classification is
laws such as the blasphemy law according to which the
death penalty can
be imposed for insulting or undermining Prophet Muhammad
or the
Qu146ran, and the legal weight attributed to a male
Muslim146s testimony,
which is regarded as double that of a woman or non-Muslim
in court.
There is also a list of recent human rights abuses against
religious
minorities (see US Department of State 2005) and a
widespread view that
the Pakistani government is making some but not enough
moves to
combat such abuses.
Despite the international concern about religious
minorities in Pakistan,
there is a lack of research into the everyday situation of
the majority of
Christians & the extent to which the community has
progressed or is held
back from progressing within Pakistani society. This
raises a wider
question about how much the community needs international
pressure in
order for their situation to change and how much they can
help
themselves, or be helped by others.
This research intends to explore these issues by analysing
interviews with
almost 30 Christian women, both rich and poor, to identify
the key factors
in the social situation of Christian women in the Punjab,
Pakistan.
1.3 Aim and objectives
8
The overall aim of this research is to provide a more
accurate portrait of
the lives of Christians in Pakistan, in order to identify
whether they are
disadvantaged and discriminated against on the basis of
their religion.
The objectives of the research are
1) to understand the position of religious minorities in
predominantly
Muslim states, especially Christians in Pakistan
2) to understand the position of Christian women, who may
be doubly
disadvantaged because of their gender as well as their
religion
3) to analyse whether social disadvantage adds to legal
and political
disadvantage
4) to assess whether all Christian women in Pakistan are
equally
socially disadvantaged.
5) to provide NGOs, churches and individuals with
suggestions of
how best to contribute to the development of disadvantaged
Christian women.
In the absence of systematic data on the characteristics
of the Christian
community in Pakistan, the research addresses the
questions by
investigating the experience of women of different social
background.
In order to achieve the aim and objectives set out above,
two key research
questions need to be posed. These are:
149 How are Christian women treated socially by Muslims in
Pakistan?
149 Do women146s levels of wealth and education affect
their social
experience?
1.4 Methodological approach
1.4.1 Important distinction and questions
It is important that a distinction is made between, on the
one hand the
legal system and the institutions of Pakistan, and on the
other hand social
attitudes in Pakistani society. The former is dealt with
in chapter 3 as a
background to the situation of Pakistani Christians. The
latter is the main
concern of this research and relevant findings can be
found in chapters 4
and 5.
The most appropriate methods for research into people146s
subjective
experience and attitudes are qualitative. Semi-structured
interviews were
used to allow flexibility to tailor the question to the
literacy level and
9
experience of the interviewees. The following questions
were used in this
research and were expanded on appropriately for each
interviewee:
1) What is your name?
2) Do you have a job? What do you work as?
3) How many Christians and how many Muslims (approx) are
there in
your workplace?
4) In your experience, what is life like as Christian
woman in
Pakistan?
5) Do you think that rich and poor Christians have the
same
experience/are treated the same? Why?
6) What do you think is the one thing that would most
improve the
lives of Christian women in Pakistan? Why?
7) What is the attitude of rich Christians towards poor
Christians?
(introduced half way through interviews)
1.4.2 Contacts and dates
The majority of women were chosen to be interviewed on the
basis that
they were representative of a Christian in their
profession. Three women
were chosen because they had experienced some form of
religious
discrimination. The contact with 22 of the women came
through various
families who were connected to the NGO Starfish Asia. This
UK-based
NGO, which supports local Pakistani initiatives to tackle
poverty in the
Christian community, kindly provided me with many useful
contacts for
my research. The further 6 were connected to the work of
CLAAS
(Centre for Legal Aid and Resettlement) in Lahore. Contact
with both
Starfish Asia and CLAAS was made following initial
research in the UK
into charities with a focus on Christians in Pakistan. As
both have an
office in the UK this aided initial communication and
planning.
All the interviews were carried out between June 27th and
July 24th 2006.
The majority took place in people146s homes or, for one
group, on a holiday
to the mountain areas. They were carried out in a relaxed
manner,
usually as part of wider conversation and after getting to
know people
first. This hopefully built up a small level of trust.
1.4.3 Number and description of respondents
Early findings indicated that there were differences
between the social
situation of rich and poor Christian women, and so the
research design
explicitly selected respondents from both categories. 18
rich Christian
women were interviewed and 15 poor Christian women. The
criteria for
10
145rich146 and 145poor146 are stated in chapter 2.5 of
this report. Most women
were from Lahore, with two women from Islamabad. Two other
women
lived in Lahore but included their experiences from rural
areas. Most
interviews were carried out with individuals. However
there were three
instances where interviewing people as a group was most
appropriate. In
two of those cases I was interviewing relatives of the
same family and
age. In the third situation the women felt more
comfortable sharing their
experiences in a group context.
Understandably the interviews with the 145poor146 group
were, in general,
less extensive than with the rich because some were
illiterate and
sometimes repeated what they were saying or did not
understand the
questions. Others, however, were very articulate.
1.5 Limitations
Because of the researcher146s limited time and security
and the availability
of contacts, this research is limited to an urban context
& and to the state
of the Punjab in Pakistan. It does not claim to represent
the whole
country. However it is estimated that 90% of Pakistani
Christians live in
the Punjab (US Department of State 2004) thus the
conclusions can
legitimately be understood as representative of the
majority of urban
Pakistani Christians.
Reports suggest that about just over 50% of Christians
live in villages
(Malik, 2002, p11). A small number of the interviewees
were from a rural
context and had migrated to the city of Lahore but most
had lived in an
urban setting all their lives. The conclusions drawn from
this research
therefore relate to Christians living and working in the
cities. An urban
rather than a rural context was chosen because it offered
a diversity of
both rich and poor Christians in significant numbers and
it is uncommon
for rich, well educated Christians to live in villages.
The conclusions may
relate to the rural Christians in as far as they question
the opinion that no
Christian can progress economically or socially in
Pakistan, but further
research would be needed to be sure.
There is no official statistic of the proportion of rich
and poor Christians,
However it is estimated that 75% or more are poor (Sookhedeo,
2006 &
Alford, 2002). In this research almost equal proportions
of rich and poor
Christians were interviewed, in order to draw conclusions
about whether
wealth makes a difference to experiences of discrimination.
11
1.6 Structure of this paper
The following two chapters detail the background knowledge
needed to
understand the issues affecting Christian women in
Pakistan. Chapter 2
sets out a framework for understanding social and
religious exclusion. It
identifies and defines key concepts relating to the
research that was
carried out. Chapter 3 describes the characteristics of
the Christian
community in Pakistan and outlines their position in
relation to the law,
the state and access to education. It also considers their
response to being
a minority group.
Chapter 4 presents the finding and analysis of the field
work and
compares the experiences of rich and poor Christians.
Chapter 5 follows
this analysis by drawing overall conclusions and makes
recommendations
for further research. Finally a bibliography and an annex
of further
reference material are included.
12
CHAPTER 2: LITERATURE REVIEW
2.1 Purpose and structure of chapter
This chapter sets out a framework for understanding social
and religious
exclusion. Social exclusion is described as a broad
concept and then
broken down into various categories. The scope is then
narrowed to
focus on religion-related exclusion and the definition
most appropriate for
this paper is identified. Finally the relationship between
poverty and
social exclusion is explored and the relevant definitions
of wealth and
poverty are given.
2.2 Social Exclusion
The Chronic Poverty Research Centre chooses the definition
of social
exclusion given by the European Foundation for the
Improvement of
Living and Working Conditions, 1995 (quoted in de Haan and
Maxwell
1998) which regards it as 145the process through which
individuals or
groups are wholly or partially excluded from the society
in which they
live146. L. Carraro explains it as a situation 145where
certain groups are
discriminated against, and not allowed to enjoy the same
rights as the rest
of the population because of race, religion, gender146
(2005, p1).
The concept of social exclusion originated in France in
the mid 1970s
(Allen & Thomas, 1992, p14) and was established as a
key concept in
social policy by the EU in the late 1980s (Francis, 2002,
p75). It was
primarily applied to developed countries but was
transferred to the
discussion of developing countries, most notably in a
series of studies by
the ILO146s International Institute for Labour Studies
(ILS) on 145patterns and
causes of social exclusion and the design of policies to
promote
integration146 (Gore & Figueiredo 1997 in Francis
2002, p75). This series
included the important question of how social exclusion
differs from
poverty, which it answered by concluding that poverty is
thought of
primarily in economic terms, whereas social exclusion is
145deprivation in a
number of spheres146. Deprivation, amongst other things,
includes low
income, uncertainty of employment, lack of social networks,
lack of
access to health care and lack of access to judicial fora.
In the debate on
whether social exclusion can be applied to the developing
world, De
Haan argues that this ability to highlight the
145multidimensional character
of deprivation146 is one of its key assets (Allen &
Thomas, 1992, p14). A
13
further benefit is that it highlights the 145mechanisms
and institutions that
exclude people146 (De Haan quoted in ibid.)
Table 1 The areas which are encapsulated by the term
145Social
Exclusion146
Key Arenas Elements
Rights Human
Legal/Civic
Democratic
Resources Human & social capital
Labour markets
Product markets
State provision
Common property resources
Relationships Family Networks
Wider support networks
Voluntary organisations
From de Hann (1998, p3)
The denial of rights as a result of social exclusion takes
away the
important need for freedom and respect that Amartya Sen
describes;
145Each of us wishes to be equally respected for the
ability to conceive or
freely endorse meaningful projects and to live a life that
we have reason
to value146 (quoted in Bhargava 2004). Bhagava himself
reflects on the
injustice caused by social exclusion, that 145people may
possess identical
material resources and yet be treated as unequal because
of social
stigma146. The United Nations Human Development Report
2003
attempted to address this issue in its focus on cultural
liberty. It
highlights the difficulty for groups when they are denied
the freedom to
seek connections in society that they may need (Fukuda-Parr,
2004, p13).
It also discusses the connection between this exclusion
from 145the social
and cultural life of the community146 and poverty even if
the latter is seen
as an essentially economic idea. It has become clear that
the relation
between these two things is so significant that some
definitions of poverty
incorporate social exclusion (Adam Smith, quoted by
Fukuda-Parr, S.
2004, p13).
14
There is debate about the processes that create social
exclusion . Percy-
Smith (2000, p186) quotes Kitchin (1998, p344), who
describes one root
of exclusion; 145rather than being taught to accept
difference, we are taught
to categorise into sameness and protect the sanctity of
sameness146. Young,
on the other hand, describes the process in terms of the
dominant group
universalising its culture and expression as the norm
because it receives
wide dissemination. Thus minority groups become marked as
145Other146
because they display differences from the norm (Young,
1990, p59 in
Percy-Smith, 2000, p186). It is worth bearing in mind the
danger
highlighted by Francis (2002, p76) of exclusion/inclusion
being too
simplistic a categorisation and the assumption that
excluded groups have
a lot in common when they may be internally differentiated.
2.3 Different types of social exclusion
Social exclusion is a wide term used to refer to diverging
groups and
contexts. There are various attempts to narrow its scope
and distinguish
one type of exclusion from another. One suggestion from
the Human
Development Report 2004 is the division of social
exclusion into
participation exclusion and living mode exclusion (Fukuda-Parr,
2004,
p31). Participation exclusion is defined as 145resulting
in [groups146]
exclusion from participation in education or employment or
political
decision-making146. This exclusion is on the basis of a
certain
characteristic such as gender, ethnicity, or religion
(ibid.). It is common
for such groups to be labelled with certain attributes as
a justification for
their treatment, for example, being lazy, thieves or rowdy.
The report
highlights the position of religious minorities as often
being suspected for
having 145conflicting loyalties to religious authorities
and to the state146 (ibid.
p14). On the other hand Living mode exclusion 145denies
recognition of a
lifestyle that a group would choose to have146. This
principally features in
religious intolerance (ibid) 1.
A different categorisation of social exclusion is provided
by Kymlicka
(2004/5, p 2, 3). He emphasizes the difference between
cultural exclusion
and political/economic exclusion. In his opinion cultural
exclusion is
145when the culture of a group, including its language,
religion or
traditional customs, are denigrated or suppressed by the
state146 (ibid.). On
the contrary, cultural inclusion is 145the public
recognition, accommodation
and support to the culture, language, religion, customs
and lifestyles of a
group146 (ibid.). Political exclusion on the other hand is
the denial of
1 For further reference see John Stuart Mill146s famous
essay 145On liberty146 1859.
15
access to rights as a citizen, for example the right to
vote or have their
view represented in the media. Economic exclusion is
grouped together
with political exclusion, according to Kymlicka, and
includes the denial
of access to certain kinds of employment or professions.
Bhargava wishes to make a further distinction relating to
cultural
exclusion. He understands cultural exclusion to go beyond
simply the
145practises of the state146 and to include 145when one
group in society
persistently mis-recognises, denigrates, humiliates or
suppresses another
cultural group or when some members of a cultural group
suppress,
denigrate or mis-recognise members of a sub-culture of
their own group146
(2004, p3). This definition may be helpful for this
paper146s research into
the Christian minority in Pakistan.
2.4 Religion-related exclusion
Michael Cromartie, Chair of the United States Commission
on
International Religious Freedom writes that 145Freedom of
thought,
conscience, and religion or belief is universal in its
importance and
applicability. It is the freedom to assert an individual
conscience or
identity without fear, and is a foundational right of the
post-World War II
framework of international human rights146 (US Commission
on
International Religious Freedom, 2005). This is a clear
expression of the
global concern for freedom of religion. Evidently the
groups that are most
likely to be denied this are those living under
governments that oppress
all alternative religions and religious minorities in
cultures where there is
a strong dominant religion. Bhargava talks of two forms of
religious
exclusion. The first is exclusion from religion where
people are excluded
from religious liberty and equality (2004, p3). The second
is religionbased
exclusion which Bhargava defines as 145the exclusion of
people from
the wider, non-religious domain of liberty & equality
(citizen rights)
because of a person146s religious identity146 (2004, p3),
in other words, when
a person is excluded from legal, economic or political
rights because they
belong to a certain religion. It is the latter, as we will
see, that relates best
to the situation of Christians in Pakistan.
2.5 Relationship between poverty & exclusion
This relationship is a complex one. The Chronic Poverty
Research
Centre reminds us that social exclusion is not coterminous
with poverty;
therefore it is possible to be excluded without being poor.
Nonetheless
16
145social exclusion is widely regarded as contributing
significantly to
poverty amongst those affected146 (OPM, p1). The two
concepts are
certainly interlinked. Yet aside from social exclusion
being a cause of
poverty I would like to consider the question of how
wealth/poverty
affects social exclusion. In the context of Pakistan it is
generally
accepted that religious minorities in Pakistan experience
some form of
social exclusion. Legally both rich and poor Pakistanis
have the same
status. Given this, it is interesting whether wealth and
poverty affects the
degree of exclusion Christians experience in their
everyday lives,
especially using the definition of cultural exclusion that
Bhargava
suggests (see 2.2).
2.6 Relevant Concepts
In relation to the above discussion (see 2.4), the concept
of 145social
exclusion146 is being used separately to the concept of
poverty. For the
purpose of this research social exclusion is not included
in the definition
of poverty, despite acknowledging that there are close
correlations
between the two. Poverty is defined in economic terms.
A second important concept for this research is wealth
categories in
Pakistan. Pakistani society is structured in such a way
that there is a large
gap between the rich and the poor and the difference
between these two
classes is evident even to the casual observer. Within
these groups there
are of course further distinct levels of wealth but a
basic distinction is
sufficient for the purposes of this research. In this
report the majority of
Christian women that I interviewed who I classified as
145rich146 had a
university education, a good job and a comfortable
standard of life,
mostly including a good house and money for leisure
activities. Two of
the women did not have a university education but were
supported by a
husband or a family with a good job/money. Conversely,
those I
classified as 145poor146 had varying degrees of education
but none high
enough to obtain a well paid job. They were involved in
manual labour in
factories, houses, brick kilns and beauty parlours. Their
lifestyle was one
of day-to-day survival rather than of comfort.
2.7 Conclusion
This chapter has laid the framework for understanding the
situation of
minorities in Pakistan against the wider backdrop of
social exclusion as a
broad concept. The various attempts to categorise cultural
and religion17
related exclusion reminds us that the experience of
exclusion on these
grounds takes place across the world. It also highlights
how difficult it
can be to define in simplistic terms the complex issue of
social exclusion.
18
CHAPTER 3: THE CHRISTIAN COMMUNITY IN PAKISTAN
3.1 Purpose and structure of chapter
This chapter describes the characteristics of the
Christian community in
Pakistan including its historical origins and current
statistics. Their
position in relation to the law, the state and access to
education is then
explored. It also considers their situation as a minority
group and the
attitudes that have grown in response to this position.
Lastly the research
available on Christians in Pakistan is evaluated.
3.2 Historical origin
The first church recorded in Lahore was a Catholic church
in 1600, which
had an indigenous Christian community (Sookhdeo, 2002, p
46). Two
centuries later, Protestant missionary organisations sent
missionaries to
the four provinces of modern Pakistan, then part of India,
(ibid. p54-55)
and there were converts in small numbers, mostly from the
lower castes
(Stock, 1975, chap 2). Following this, beginning in 1873,
there was a
mass movement of Chuhras, who were the largest of the
scheduled castes
in the Punjab, towards Christianity (Stock, 1975, chap 4).
Streefland
describes that they were 145occupying an inferior position
even among
scheduled castes146 (1974, p1) and did dirty and menial
jobs. Their religion
was an 145Islamized Hinduism146 which included the belief
in a mediator and
the need for sacrifices (ibid.). Interestingly
Christianity was mainly
spread not through missionaries but through a few converts
sharing their
Christian beliefs with their friends, family and people
they came into
contact with through their work, for example Ditt, the
first convert,
shared his faith as he sold hides village to village (Pickett,
1933, p23).
The rapid growth of the number of Christians in the Punjab
in shown in
Table 2. By 1935 almost all the Chuhras had become
Christians
(Sookhdeo, 2002, p57).
Table 2 Number of Christians in the Punjab (both modern
India and
modern Pakistan)
1881 3,823
1891 19,547
1901 37,980
1911 163,994
1921 315,031
19
Source: Campbell, E, 1961, p11 and Webster, J. C. 1976, p
247, based on
census data.
Nowadays Christians are roughly half Catholic and half
Protestant and
Malik notes that 145the church organisation is very
similar to other South
Asian countries with a definite Pakistani cultural and
linguistic
embodiment146 (2002, p10).
3.3 Size of population and geographical location
According to the US State Department (2004) more than 90%
of
Pakistani Christians live in the Punjab, which places them
as the largest
religious minority in the province. The report quotes that
around 60%
live in villages, although the Minority Rights Group
International cite this
as closer to 50% (Malik, 2002, p11).
Pakistan has a population of around 154 million and
according to official
figures from the most recent census in 1998, approximately
96% are
Muslim. Christians were numbered at 2.09 million or 1.69%
(US
Department of State, 2004). However, non-Muslims, who were
officially
reported as comprising 4% of the population, actually
claim to be
approximately 10%, with Christians and Hindus, who are the
largest
religious minorities each claiming a membership of 4
million (ibid.). The
discrepancy between figures can be understood when it is
understood that
the 1998 official government census also placed the
population at 137
million it was generally estimated at 142 million (Pande,
2005, p167).
Other significant minorities, aside from Hindus and
Christians, include
Ahmadis, Bahais, Buddhists, Jains, Parsis and Sikhs. All
but the Ahmadis
agree that they are non-Muslim (Pande, 2005, p166).
Unfortunately there are no disaggregated national
statistics on poverty
according to religion. Nonetheless it is often asserted
that 75% or more
Christians are poor (Sookhdeo, 2006 & Alford, 2002),
3.4 Christians and the State
When Pakistan was created in 1947, religious minorities
were represented
in the white stripe of the flag alongside the green which
represented
Islam. This 145indicated that minorities had a place in
the Muslim state146
(Sookhdeo, 2002, p.17). It is interesting that religious
minorities are
20
specifically referred to in the constitution even though
national and ethnic
minorities are not (Pande, 2005, p166). When Pakistan was
created
145Pakistan was envisioned as a progressive, democratic
and tolerant
society, which while retaining a Muslim majority, would
give equal rights
to its non-Muslim citizens146 (Malik, 2002, p6).
Quaid-e-Azam
Muhammad Ali Jinnah, the 145Father of the Nation146, gave
his famous
speech on 11th August 1947 to the first Constituent
Assembly of Pakistan
where he proclaimed:
147You are free; you are free to go to your temples, you
are free to go to
your Mosques or to any other places of worship in the
State of Pakistan.
You may belong to any religion, or caste or creed 150 that
has nothing to do
with the business of the State133 We are all citizens and
equal citizens of
the one State. Now I think we should keep that in front of
us as our
ideal133148 (Malik, 2002, p6).2
Jinnah was 145the modern Muslim man of his generation146 (Ziring,
2003, p1)
and 145was convinced that the secular legal
tradition133was the 145sine qua
non146 in the building of a modern community146 (ibid.).
Many of his
colleagues shared this vision (Malik, 2002, p6).
According to Pande, at the time of partition, many of the
richer Christians
left for other countries, whilst the poorer ones stayed in
what would
become Pakistan. Some lost their employment because their
richer
Christian employers had left (Pande, 2005, p183). Yet the
Christians were
still the largest religious minority in Pakistan and in
Pande146s opinion were
not 145targets of persecution146 because 145at the time
the low cast Sikhs
decided that it was in their best interest to convert to
Christianity146 (ibid.).
Unfortunately Jinnah146s successors, especially during the
70s and 80s, did
not share his vision of a boundary between religion and
the state. In 1972
Prime Minister Zulfigar-Ali-Bhutto made Islam the state
religion of
Pakistan and in 1978 General Zia-ul-Haq started the
process of Islamising
Pakistan (Saeed). Pakistan has now become a 145theocratic
Islamic state146
(ibid.)3. The current president, General Musharraf, is
more liberal and
abolished separate electorates in January 2002 along with
the statement
regarding reaffirmation of the finality of prophethood on
the voter146s
registration form (Malik, 2002, p20). He has also tried to
amend the
blasphemy law (see 3.4), however this has been in vain
because of
2 Refer to Pickering (2001) for interesting discussion of
ideology of nationalism despite internal
differentiation within a nation.
3 For further reference on the history and current
situation of Pakistan146s politics see Cohen (2006),
Haqqani (2005) and Kukreja (2003).
21
attempts to please the fundamentalists. The very recent
delay of an
attempt to change the Hudood Ordinance (see 3.4), so that
rapists must be
tried under civil law as well as Islamic law, shows the
difficulty faced by
the government to find a consensus between the fundamental
Islamic
parties and the secular parties. Human Rights Commission
Pakistan
Director IA Rehman says that 145the government is trying
its best to placate
the mullahs146 (BBC News 13/9/06)
3.5 Christians and the Law4
There are several laws in Pakistan that are open to abuse
against
Christians. The most serious are detailed below:
Qanoon-e-shadat (law of evidence) equates the evidence of
2 women or 4
non-Muslim men to that of a single male Muslim who
satisfies the legal
requirements of 145tazkyah al shuood146 (that they are
truthful persons who
abstain from major sins) (Saeed, 2002, p19). This
145further disempowers
non-Muslims and women, while making it easier for Muslim
men to
pursue legal proceedings against the accused party146 (Malik,
2002, p18)
Hudood ordinance 150 under Shariah law the punishment for
adultery can
be stoning. In alleged rape cases the victim can only
defend him or
herself if s/he can produce 4 adult Muslim men, as
detailed above. So if
the perpetrator is Muslim and the victim is non-Muslim, it
is almost
impossible for the latter to prove the rape. In addition
to this, if a female
victim is unable to prove her case she can be charged with
making a false
statement. CLAAS reports that many rape victims that
report the crime
are put into under this law and 145this effectively stops
women complaining
about rape or abuse146 (CLAAS-UK, p1)
Qisas-o-diyat (blood money)
145Qisas146 means 145an eye for an eye146 and 145Diyat146
means blood money for
murder, or financial compensation in retribution for
physical injury. This
is the law that is applied in cases of murder or injury.
Once again, for
same reason as above, the law discriminates against
religious minorities
and women because of the number of witnesses needed. This
law has
only been in place since 1990, when this 145age-old tribal
tradition146 (Malik,
2002, p19) was reinstated. Malik states that 145on the
basis of witnesses
both women and minorities are completely disadvantaged146
(ibid.)
4 Refer to annex 1 and 2 for detailed description of
Pakistani laws open to abuse, as detailed by Centre
for Legal Aid and Settlement (CLAAS), Lahore.
22
The BlasphemyLaw
Blaspheming against the Prophet Muhammad or the Qu146ran
holds the
death penalty in Pakistan but has only done so since 1990.
Many
Christians, and also Muslims, have been accused under this
law by people
with 145selfish motives146, who are often trying to settle
scores. It was
recommended for review under Bhutto by the Pakistan Law
Commission
led by the Chief Justice because of its misuse. However
Bhutto
backtracked due to demonstrations (Malik, 2002, p18).
Those who show
sympathy to the accused under this law, for example the
police or judges,
can be liable to harassment. In addition there can be
serious
consequences even if someone falsely charged is acquitted,
because they
are often targeted by Islamic extremists. Sookhdeo
summarises that 145The
blasphemy legislation has become a weapon in the context
of personal
disputes, biased as it is in favour of the accuser 150 for
the accuser has
nothing to lose, the accused everything, even his life146
(Sookhdeo, 2002,
p240). Interestingly apostasy from Islam is not a crime
under Pakistani
law but the blasphemy law is sometimes used against
converts
(Sookhdeo, 2002, p22).
The National Commission for Justice and Peace published a
report in
2003 on the Religious Minorities in Pakistan, where they
reported the
number of Christian and Muslim victims of the blasphemy
law over a
time period. The results were as follows:
Christian victims of blasphemy laws 1987-2002 = 64
(p70-75)
Muslim victims of blasphemy laws 1990-2002 = 121 (p76-84)
Despite the slight difference in the time span recorded it
is clear that the
number of Christians compared to Muslims accused is
disproportionate.
Sookhdeo also observes that the blasphemy law has a
symbolic
significance because it 145contributes substantially to
the atmosphere of
intimidation of Christians (2002, p241)5.
3.6 Christians and education
Christian schools were nationalised by the state in 1972
under Prime
Minister Zulfihar-Ali-Bhutto and became expensive to enter,
thus mostly
Muslims attended them. Bhargava observes that 145the
nationalisation of
educational institutions run by Christians blocked assured
access to jobs
and education and further alienated Christians146 (2004,
p34). CLAAS-UK
claims that this nationalisation broke 145the educational
backbone of the
5 For further reference on Pakistan146s judicial courts
see Newburg (1995).
23
Christian community146 and thereafter Christians struggled
to gain a good
education (Saeed, 2004, p2)
Literacy levels as a whole are low in Pakistan6, and they
are even lower
for religious minorities. Based on the 1998 census,
Pakistan146s National
Council for Justice and Peace (NCJP) has examined
minorities146 literacy
rates. They reported that the average literacy rate among
Christians in the
Punjab was 34%, whilst the national average was 46.56%.
Alongside this
figure they commented that 145among minority women the
rate is
abysmally low146.
Carraro146s analysis of literacy levels by religion shows
that the literacy
rate increased by a substantial amount for Muslims over
the 1990s, yet
only a small amount for those of other religions. For
those aged 15 and
below, the literacy rate actually declined for religious
minorities (Carraro,
2005, p3). Carraro, acknowledging the limited data
available for his
study, suggests that social exclusion on the basis of
religion is increasing
(2005, p4).
A further barrier for religious minorities is the 20 extra
marks for
memorising the Qu146ran that is given to any candidate for
admission into
schools and higher education institutions. Bhargava
protests that 145the
educational system does not take Pakistan146s plural
tradition into account146
(2004, p27). In fact the same applies for prisons, where
by learning the
Qu146ran a prisoner can achieve remission (Malik, 2002,
p23).
Returning to the observation made in 3.7 on the failure of
society to
recognise the contribution of religious minorities, Malik
emphasises the
case for the Christian contribution of its education
establishments. He
remarks that 145the nationalization under Bhutto not only
removed these
prized institutions but Pakistani society then forgot the
Christian (and
other) contributions to the country as a whole146 (2002,
p12).
It is interesting to note that in the case of the
Ahmadiyyas, Blood notes
that their high literacy rate, as well as their 145general
industriousness146 145has
won them a substantial measure of economic success146
(1995, p98). Thus,
despite being a religious minority in Pakistan, this group
has achieved
wealth, and education has been a large determining factor
in that. This
does, however, in Blood146s opinion, cause envy, which can
provoke
persecution (ibid.).
6 For more information on the wider need for education in
Pakistan, amongst Muslims see Social
Policy and Development Centre (2003) and Mortenson &
Relin (2006)
24
3.7 Christians as a minority group
96% of Pakistan146s population is Muslim. A quantitative
assessment of
social exclusion in Pakistan carried out by Oxford Policy
Management
concludes that 145both non-Muslim minorities and non-Sunni
Muslim
groups are affected by processes of social exclusion146
(Carraro, 2005, p4).
Unfortunately, however, only limited information is
available on religious
minorities in the 1996 Census and generally national
statistics are not
disaggregated by religion.
The following list by I. A. Rehman includes some of the
things that have
been raised between 2000-2002 showing minorities to be at
a
disadvantage in Pakistan (quoted by Pande, 2005, p168):
149 The constitutional scheme treats Muslims as a
privileged majority
while religious minorities are promised only protection.
In the
presence of Islamic provisions the minorities will always
be at a
disadvantage.
149 Laws that practically deny the freedom of belief (such
as the
blasphemy law and provisions of the Penal Code targeting
only
Ahmadis) need to be scrapped.
149 The minorities do not enjoy equal right to public
service
149 The minorities146 lives and properties are threatened
as a reaction to
events abroad. When the Babri Mosque was demolished in
India
many temples and churches were demolished in Pakistan.
Christians have come under regular and intense attacks
since the
September 2001 events
The Christian Study Centre (CSC) in Rwalpindi, Pakistan
has also shown
that 145Christians and other non-Muslims are routinely
kept out of higher
positions both in the civil and armed forces146 (Malik,
2002, p12). Malik
concludes that this 145feeds into a greater sense of
inequality146 (ibid.). The
US Department of State (2004) observes that, whilst acts
of violence
against minorities can be attributed to only a small
sector of society,
145discriminatory religious legislation has encouraged an
atmosphere of
religious intolerance146 (Section III.).
One concern raised by Malik for Minority Rights
International is that the
wider Muslim community is not aware of the
145significant146 contributions
to society that the minority communities have made (Malik,
2002, p12).
This has happened through a lack of media and academic
coverage. The
same can be said of radio and TV programmes which do not
feature
25
programmes that raise awareness about other religions (Bhargava,
2004,
p27). These concerns were also echoed by a Muslim friend
of one of the
women I interviewed. He noted that prior to his friendship
with her
family (she was a wealthy Christian), he did not realise
that there were
Christians who were making an impact on their community
and investing
in it. His main suggestion for improving Christians146
situation was to
include interviews with ordinary Christians who are doing
well in life on
TV, in order to correct stereotypes. His opinion was that
20 minutes at
Christmas with the bishops dressed up and a very formal
ceremony was
not easy for a Muslim to relate to.
Concerning wealth, the US Department of State (2004)
states that
145wealthy religious minorities and those who belong to
religious groups
that do not seek converts report fewer instances of
discrimination146
(Section III.). This brief statement is one which this
paper hopes to
investigate further.
3.8 Attitudes of the Christian community
It is interesting how a minority community responds in its
behaviour and
attitudes towards the wider society it lives in. Sookhdeo
has studied the
attitude of the Christian community in detail and
concludes that it is
marked by disunity, a 145historic apathy146 and the
145self-seeking nature of
many of their leaders146 (2002, p22). He explains that
Christians are aware
of this disunity, caused not only by denominational
divides but also by
class splits (ibid., p306-308). The culture of
145biradari146 (network of
extended family relationships), which dictates that one
should do the best
for his/her biradari before others, can cause leaders to
take decisions on
this basis rather than on the basis of what is best for
the community as a
whole (ibid., p308-310).
One of the attitudes commonly found in minorities is the
psychology of
an oppressed minority and Munawar Rumalshah, the Church
Bishop of
Peshawar, identifies this as one of the ways the Church
has responded. He
writes, as quoted by Sookhdeo that 145It is a church that
continually wants
sympathy for being 145sinned against146, in this case for
being at the harsh
end of an Islamic dominance where mere survival is taken
as a matter of
survival146 (ibid., p304). This mentality can hinder the
confidence to be
involved politically or even the hope that life can
improve. The lack of
interest in political participation is a further concern,
although it is
understandable in light of the missionary example, when
foreigners could
not be involved in politics, and later the system of
separate electorates
26
(ibid. p312). Even so, this has weakened the influence of
the community.
Finally, the fact that many Christians live together in
colonies, on land
purchased by the Church, emphasises their separation from
the rest of
society (ibid., p341).
3.9 Differing attitudes within Pakistan
Bennett Jones notes that there is a large difference
between 145Pakistan146s
urbane sophisticated elite and the country146s Islamic
radicals146 (2002,
p223). Unfortunately these radicals hold a substantial
amount of power
and influence regarding the law. However, their views are
not
necessarily reflected by the larger population, as shown
by the nationwide
survey carried out by The Herald in 1997 called 145Fifty
Years: Fifty
Questions146 and summarised by Malik:
145133most of the citizens wanted a tolerant and
progressive Pakistan.
Axccordingly, 74% of them supported a ban on sectarian
groups; 81%
demanded a stop to hate-inciting khutbas (sermons) in
mosques; 67%
rejected the Taliban-style restrictions on women; 59%
wanted to give
women the right to divorce; 63% believed in giving equal
weight to
evidence from men and women; 74% favoured family planning;
and 74%
- an overwhelming majority 150 supported joint
electorates133146(Malik, 2002,
p27).
Malik concludes from this survey that 145most of its
(Pakistan146s) people
still believe in tolerance and coexistence and would like
to revert to the
original dream146 (2002, p6) and that 145Pakistan146s
overwhelming majority is
tolerant and in favour of giving equal rights to
minorities and women146
(ibid, p27).
3.10 Identification of Christians in society
It is worth noting for the purpose of this research that
it is not possible to
tell from appearances whether a Pakistani is Christian or
Muslim. People
usually wear the same clothes and many Muslim women do not
wear a
veil. They also speak the same language. If they choose to
wear a cross,
of course it is then obvious. Their name may or may not
give their
religion away.
27
A second observation is that Christians, at least in urban
areas, are able to
go to church openly, say grace in a restaurant, drive
around with a van
saying 145Christ146 on it or wear a necklace with a cross.
3.10 Research available
Organisations working in defence of human rights often
research and
publish the situation of religious minorities in Pakistan
in relation to the
law. In addition, newspapers cover critical events. Yet
there is far less
research done into the social context of Pakistani
Christians than into
their political and legal situation. Sookhdeo laments that
145there is a lack
of Western academic sources on the practical problems of
daily existence
faced by Pakistani Christians146 (2002, p. 18).
3.11 Conclusion of chapter
Christians in Pakistan were originally low-caste Hindus
who converted in
large numbers at the turn of the 20th century. At the
creation of Pakistan
their place in the newly formed country seemed secure,
however Islamic
radicalism has pushed them into an unfavourable position
in recent
decades. The conclusion drawn from the literature review
and
background research is that there is clearly
institutionalised
discrimination against all religious minorities in
Pakistan, not only
Christians. The attitudes of Christians in this situation
seems to have
been a disheartened move towards isolation rather than
unified political
engagement. Whilst the legal position of minorities in
Pakistan should be
kept in mind, we should not draw immediate assumptions
that the social
context is a mirror image and should hold it as one half
of a jigsaw that
requires the other half to reveal the true picture.
28
CHAPTER 4: FINDINGS
4.1 Purpose and structure of chapter
This chapter aims to present the findings of the field
work in a thematic
structure. Findings are expressed followed by examples,
quotes and
observations from the interviews. In addition, where
appropriate, the
information from the literature review is referred to.
4.2 Occupations of respondents & proportion of
Muslims/Christians in their workplace
Table 3 Occupation of respondents
Occupation Number of
interviewees in
occupation
Occupation
associated with
the rich
Occupation
associated with
the poor
Actress 1 x
Beauticians 4 x
Brick kiln
workers
3 x
Cook 1 x
Domestic
servant
2 x
Factory worker 2 x
Gym instructor 1 x
Headmistress 1 x
Housewife 2 x x
Nurse 1 x
Teacher 2 x
University
students
3 x
Womens work
for NGO
1 x
Work at CLAAS 3 x
Most of the women talked about their experience in their
current job and
previous experience which was mainly in a similar job or
during their
29
education. It is acknowledged that the range of jobs shown
here is only a
limited range due to the relatively small number of
interviews carried out.
However, it gives an idea of the type of jobs rich and
poor Christian
women do in urban settings in the Punjab. From general
comments it
appears that for the poorer women being a domestic servant
or a factory
worker is common, and there are whole villages of brick
kiln workers on
the outskirts of Lahore. For the richer, working in the
education
profession seemed to be popular, whilst traditionally
nursing is a job that
Christians have frequently done (originally in mission
hospitals). The
difference between the jobs held by the rich and those
done by the poor is
usually the educational level needed to carry them out.
The poor work in
manual jobs which require little or no literacy. Meanwhile
the rich hold
jobs where higher education is essential. As can be
expected, the salaries
for the jobs requiring a good standard of education are
higher than those
paid for manual jobs. More research would need to be
carried out to
ascertain whether these trends are similar to the
population at large. The
following table illustrates whether the women I
interviewed worked
predominantly with Christians or Muslims and whether their
previous job
had reflected the same ratio or a different one
Table 4 Proportion of Muslims to Christians in workplace
Number of
interviewees
Number who have
experienced the
opposite scenario in
previous work
Working mostly with
Christians
11 4
Working mostly with
Muslims
15 0
Equal number of
Christians and
Muslims in workplace
2 0
Just over half of the women worked in a predominantly
Muslim context,
2 women worked in an equally mixed workplace with half
Christians and
half Muslims and just over a third worked mostly with
Christians.
However of the group in this last scenario 4 had had
previous experience
in a mainly Muslim context. Thus, overall, 23 out of the
total 28 women
had experienced either work or study with Muslims. The
further 5
30
represented Christians who spent the majority of their
time within their
own faith community. They talked from their experience of
contact with
Muslims such as friends, landlords, the police and the
owner of the brick
kiln.
4.3 Experiences of Christian women
4.3.1 Different attitudes towards Christian women
All the educated Christians interviewed had experienced
some type of
opposition because they werea Christian, for example, name
calling,
being asked to convert or criticism for being friends with
Muslims. One
student explained that two of her teachers at school gave
her lower marks
when they discovered she was a Christian and insulted her
in front of the
class. She said that she sometimes gets depressed because
of the
145overreactions146 of her teachers, but that it is good
when other students
want to know more about her faith. Overall she considered
being a
Christian in Pakistan 145not that difficult146. Another
woman remembered
that at university some Muslims did not want to sit with
her when they
found out she was a Christian, but others were not
bothered at all. One
actress said that when they were younger children had
differentiated
between Muslims and Christians but now that they were
older it 145isn146t
much of an issue146.
It appears that in the case of rich Christians
discriminatory comments
come from a minority of Muslims, and therefore were not
reported to
seriously impede the lifestyles or livelihoods of these
educated Christians.
The interviews with 3 women who work for CLAAS (Centre for
Legal
Aid and Resettlement) were interesting because they are
very aware of
religious discrimination and what some Christians
experience. However,
in their own personal experience they reported that, in
general, they had
been treated well by Muslims. Sharon Bushir explained that
in her
previous job Muslims had been 145very nice146 and 145very
good to her146.
Twinkle, an actress and fashion design student, described
her experience
in the theatre as a Christian as 145fine146, except that
when the Da Vinci film
came out recently it was difficult because there were lots
of questions and
she had to defend her faith. Shabana, a gym instructor
said that she does
not feel 145offended or suppressed146 because she is a
Christian and that once
people at work get to know her, they are open and happy
and honour her
as a Christian146.
31
It was mentioned various times that some of the women
believe that it is
difficult for Christians to get jobs and promotions, for
example if they are
up against Muslims with the same educational level and
expertise. One
domestic servant simply stated that 145Muslims prefer to
employ Muslims146.
The interviews with the three women that had experienced
specific
instances of severe discrimination highlighted, above all,
how the legal
and policing system fails minorities. Having experienced,
or seen a
family member experience, rape, torture or assault the
situation was
worsened by the inaction of authority figures who should
have defended
the rights of the women yet instead allowed them to be
further
intimidated by the perpetrators of the crimes. This
glimpse of the failure
of the police and courts in Pakistan is supported by the
extensive work
that CLAAS Pakistan is doing to fight for the legal rights
of those who
experience such abuses.
The question of whether the laws of Pakistan, referred to
in 3.5,
accurately reflect the attitudes of the Muslims is
interesting. During my
fieldtrip I encountered in general conversations with
Christians, Muslims
and ex-patriates living there that the laws are extreme in
comparison with
the attitudes of most of society. According to them, only
a small minority
want the very strict laws, such as the blasphemy law and
the Hudood
ordinance, yet no one knows how to get rid of these laws
because they
would be accused of being un-Islamic.
BOX 1
Bashiran Masih and her sister were robbed, beaten and
sexually
assaulted by a Muslim gang three times with the local
policeman
present and encouraging it the second two times.
Interestingly this
same woman had a good experience with Muslims at her work
in a
factory where there are 2 Christians and 18 Muslims. She
has been
given the 145good position146 of foreman. According to her,
the owner
is 145not biased146 and has given her a good position, and
the other
Muslims working there and 145not prejudiced146.
32
Box 1 shows us the example of one woman who has
experienced first
hand the differing attitudes held by Muslims in Pakistan
towards
Christians. On the one hand there was not only awful abuse
but the
terrible failure of the police to protect her family. On
the other hand the
owner of the factory where she works was quite happy to
give her a
position of influence in the workplace.
Box 2 is an example of daily discrimination that some must
Christians
face at work. Shannaz146s comment that the educated
Muslims treat
Christians in a better way was echoed by various other
interviewees.
There was the strong feeling that poorer Muslims are more
likely to act in
a discriminatory fashion out of ignorance and habit. The
type of
behaviour that Shannaz describes directly corresponds with
the
description by Bhargava of cultural exclusion when 145when
one group in
society persistently mis-recognises, denigrates,
humiliates or suppresses
another cultural group146 (2004, p3).
BOX 2
Shannaz works in a factory where there are 20 Christians
out of
about 700 workers, the rest of whom are Muslim. She told
of how
the Muslim workers do not allow the Christians to sit with
them
and of how they separate the plates saying they cannot eat
together.
The excuse they use is that they need to say their prayers.
When
asked why she thinks they do this, her answer was that
they feel
that if they sit or touch Christians they are impure. In
addition, she
said that the officials do not promote the Christians.
Although the
owner has a good attitude towards them 145because he is
educated146,
the poorer Muslims, she asserted, have a bad attitude.
BOX 3
Zurina146s husband converted to Islam just over a year ago
and beat
her so that she would convert, then he left with money and
furniture.
She took him to court but he won because, according to her,
145they
were happy that he had converted146. Some Muslims have
told her that
she is poor and so she should marry a rich Muslim and they
have also
offered to give her money for her house if she converts.
However,
she says that she146ll never change her religion 145even
if they kill me146.
33
Box 3 described the pressure that one woman faces to
convert. This is
obviously increased by the fact that her husband converted.
However it
also corresponds with comments from other women about
being offered
material things if they convert, or being pressurised by
friends or family
members. In one case this was done violently. In others it
was done
under the pretext that life would be 145much easier146.
Two university
students described pressure to convert from friends and
teachers at school
and also shared that their brothers and sisters had
experienced the same
thing, thus even at an early age Christians may have to
deal with this.
4.3.2 Common insults and stereotypes of Christians
7 women interviewed mentioned instances, some infrequent,
some daily,
where Muslims had separated glasses and refused to either
share a glass
or eat together with Christians. This from of prejudice
was noted by
Sookhdeo and mentioned in the literature review (eg.3.4??).
He refers to
this, saying that there is a 145133relatively trivial but
strong symbolic belief
of some Muslims that they cannot eat and drink with
Christians146 (2002,
p21). One woman explained that the Muslims that adopt this
attitude
believe that Christians are unclean and therefore they do
not wish to be
contaminated.
In addition an insult that can be used for rich and poor
Christians alike is
145sweeper146, which originates from the jobs Hindu
converts took after
losing land because of their change of religion.
There were also various mentions of Pakistan being called
145their
(Muslims146) country146 by Muslims and being referred to
as that by
Christians. This comment seems to be made during arguments
or during
discussion of unjust treatment. Referring back to 3.2 and
3.4 in the
literature review, it is a shame that this has evolved
given that there have
been Christians in Pakistan for as long as there have been
Muslims and
that the state was created to include both Muslims and
other religions as
represented by the green and white flag.
A significant number of women commented that almost all
Muslims
expect Christians to be poor, dark skinned, poorly
educated and, in one
case, badly dressed7. Almost all rich women interviewed
described
colleagues146 surprise on discovering they were a
Christian with comments
such as 145You146re a Christian and you146re doing this?!146.
Interestingly the
stereotype includes both physical appearance as well as
the ability to
7 See DFID (2005) for discussion on the how being the
victim of stereotypes can decrease self esteem
and directly impact performance.
34
speak English and dress sense. Dark skin is traditionally
associated with
working outside and therefore of a lower class than the
richer class who
stayed indoors. 5 women identified their pale complexion
as a factor that
regularly surprised Muslims. The expectation of Christians
to be poor is
understandable given that an estimated 75% are (see 3.3).
One educated
Christian who works with the poor said that 145many among
the poor are
addicted and badly behaved and this leads to bad
stereotypes146.
It was also mentioned that Christian domestic servants are
widely
expected to be thieves. One domestic servant said that her
friends have
been accused, whilst a richer student noted that her
Muslim friends refer
to their Christian servants using this stereotype. Malik
comments that
lack of trust in religious minorities as a broad group
145disempowers a vast
section of competent Pakistanis146 (Malik, 2002, p12).
4.3.3 The significance of names
An interesting observation made by a number of women was
whether a
woman146s name sounds Christian or Muslim. This made a
difference in
people146s lives, because if someone has a Muslim-sounding
name, not
everyone knows they are a Christian and thus they may
avoid a certain
amount of prejudice.
Box 4 gives us an interesting insight into the
complexities of being a
member of a minority group. Parents face the choice of
giving their
children Christian or Muslim names and perhaps, in some
cases, do not
realise the consequences as fieldwork showed that can be a
mixture in the
same family. Those with Muslim-sounding names may be more
aware
the others of the expectations surprise and sometimes
change of
behaviour that happens when their religion is revealed.
4.4 The poor treated worse than the rich
BOX 4
Rubina Ramzan has a first name and surname that sound like
a
Muslim name. She described that when she first meets
people they
think she is a Muslim and are very nice to her, but when
she says
that she is a Christian their behaviour sometimes changes.
They
may have promised something when they think she is a
Muslim
but, according to her, when they find out that she is a
Christian
some fail to deliver what they have promised.
35
Poor Christians were considered to experience much more
discrimination
or opposition because of their religion. All except one of
the women
interviewed, both rich and poor, said that the situation
for poor Christians
was very different to that of the rich. The poor
respondents said that
145mostly bad treatment happens to the poor146, 145when
you are rich you can
fight obstacles so its easier146 and that someone with a
low position at work
would be treated badly when Muslims found out that they
were Christian.
Rich informants echoed the views of their poorer
counterparts. One
headmistress said 145I have money and possessions and an
education so I
can stand up to anyone146. Another woman explained that
145the general
attitude in Pakistan is that if you are rich you are
respectable and if you
are poor you are not146.
The explanation highlighted in box 5 appears to be
supported by the
patterns that have emerged from these findings as a whole.
The cousins
explained the scenario in terms of the priorities of
society. These were not
only referred to be many of the respondents but also
observed during the
fieldtrip. However the situation is a complex one that
cannot be summed
up in one sentence. The following section aims to explore
further why
the difference between how the rich and poor are treated
is so significant.
4.5 Suggestions for differences in treatment
The following observations may begin to explain why poorer
Christians
are more vulnerable to discrimination than the rich are.
4.5.1 Rich Christians know how to respond
BOX 5
Two cousins gave their opinion of the reason behind this
distinction
between rich and poor Christians; they described Pakistani
society as
145very materialistic146 saying 145you are judged on your
money and
possessions. If you have these you are respected, if you
don146t your
religion can be used as an excuse to step on you146.
36
An important factor seems to be that educated Christians
also know how
to respond to criticism and how to defend or explain their
faith. An
example of this is the reaction of a Christian parent when
her children
were pressurised to convert at school. She talked to the
principal who
dealt with the incidents very well and held an assembly
where she
emphasised that all the children were Pakistani and should
therefore work
together, irrespective of religion. This example also
shows the
understanding of an educated Muslim. Meanwhile poor
Christians are
less likely to know their rights and so may not know when
they can stand
up against treatment or what to do.
4.5.2 Friendships to gain something
Some felt that, if a Christian woman has something to
offer or that can be
used, for example a skill, wealth or connections, then she
is treated well.
Underneath this is, however, a suspicion that the only
reason for the good
treatment is this instrumental one. Three beauticians
interviewed had a
strong feeling that this was the case. They described
Muslims as
145attached146 to them because of their talent and
therefore they were the
145weakness146 of the Muslims, meaning that although they
did not want to
like them in principal because they were Christians they
were attracted to
their skill as beauticians. This feeling also corresponded
to the comment
of a headmistress who is well respected in her school but
who feels that
145they respect you to your face but behind your back it
is different146. In
addition, one factory worker explained that poor
Christians do not have
anything Muslims need and therefore they are not
befriended by them.
4.5.3 Cultural priorities dominate over religious
differences
A key finding is that culture seems to dominate over
religion in terms of
influencing how the Muslim community treats religious
minorities. In
other words, cultural norms and standards seem to be more
important
than religious differences. Thus if a person is wealthy he
or she is
respected and if a person is poor he or she is despised.
These attitudes
appear to be strongly held. They bear a resemblance to the
traditional
Indian caste system and may have originated there. However,
the
structure is probably more fluid than the caste system,
given that some of
my interviewees talked of gaining positions of influence
or standing in
their work and being respected as a result8.
4.5.4 The influence of behaviour
8 For another example of whether culture or religion most
influences how people are treated, in this
case women, see Mumtaz & Shaheed, 1987, p154ff.
37
Various women strongly believed that the good treatment
they received
from Muslims depended on their good behaviour and
suggested that the
behaviour of Christians influences how Muslims react and
relate to them.
One nurse reported that Muslims do not respect Christians
in general but
because of her position and good behaviour towards them
they treat her
very well. A headmistress of a government school said that
145Muslims
don146t like Christians146 but because she has 145a good
behaviour with the
teachers146 and she looks after the children well 145she
has progressed146. One
housewife also agreed with her having noticed that her
Muslims
neighbours watched their behaviour for a long time before
inviting them
over for a meal and befriending them. The comments made by
these
respondents may suggest that Christians can make change
happen for
themselves and that they have a certain amount of control
over improving
their situation. If their behaviour and educational level
has some
influence over the way Muslims respond to them the
Christian
community does not have to resign itself to waiting for
others to move,
before it tries to improve the situation itself. In other
words this suggests
that change does not wholly depend on changes in the law
or Muslims
initiating change.
4.5.5 Educated Christians in contact with educated Muslims
It seems to be the case that educated Christians are in
contact with
educated Muslims, who were reported to generally know how
to treat
people with respect. Even if they resent Christians, the
respondents
alleged, they are wise enough to cover this up. One
principal of a
Christian school described that a distinguished doctor in
Lahore is very
kind to the Christian children in their school and attends
them for free.
She attributes his attitude to the fact that 145He goes to
England/America
regularly so he has travelled and has friends from there
and this changes
attitudes146.
4.6 Attitudes of rich to poor Christians
The question relating to how rich Christians treated poor
Christians was
introduced half way through the interviewing progress
because various
earlier interviewees alluded to it and it introduced a new
perspective into
relationships within the Christian community. The
responses indicate
that behaviour towards people of the same religion but
different social
status is dictated more by social standards than religious
belief. The rich
tend to associate with the rich, not only because they
feel more at ease
38
and share common interests but also because this is the
145done thing146. One
church quoted even had separate youth groups. Proficiency
in English
often accentuates this divide, because the educated feel
comfortable in
English whereas poorer Christians are either unable to
speak it or choose
to speak Urdu when possible.
4.7 Improving the lives of Christian women
Following the discussion of their own experience, the
respondents were
asked what single thing would most improve the lives of
Christian
women. The majority, both rich and poor, named education.
14 out of 18
respondents who expressed a view placed education as the
leading
solution (6 out of 9 poor respondents and 8 out of 9 rich).
There can be
no doubt about the importance of this solution to the
poverty and
discrimination faced by poor Christians, when there is
such a consensus
by Christian women, both rich and poor, on this topic.
This corresponds
with the findings in the literature review that religious
minorities have
low literacy rates (see 3.6).
One of the poor women explained that Christians are
145poor and illiterate
and need schools146. The two domestic servants and the
three women
working in the brick kilns all named education for their
children as their
greatest wish and priority. The richer women commented
that 145education
can change Christian women146s life and status146, 145if
they (the poor) get an
education they will be treated better146 and 145education
counts a lot146. One
principal reported that education of children makes a
difference to a
whole 145root146 or generation.
The second solution given was women 145knowing their
rights146. This was
explained as knowing her social and domestic rights by
Sharon Bashir,
such as how to respond to pressure from one146s husband
and how to be
bold against sexual harassment at work. Sunnita Wassim
also explained
that little girls must know that they have a right to be
fed if their brother
is being fed and that they have a right to an education,
and are not just
born to cook and clean. She suggested the implementation
of awareness
training for women and girls in villages with a high
Christian population.
Saadiya said that Christian women 145need to speak out,
need to know their
path in life and what is wrong/right and need to learn
from others who
have experienced it like her146. In her opinion mothers
should teach their
daughters these things.
39
Aside from education for children, there was also a belief
that a more
immediate solution for poor Christian adults is training
in practical skills,
for example sewing or nursing. The women from the brick
kiln suggested
training for women in a craft or skill that would mean
they could earn an
extra income.
It is interesting that no one suggested as a priority that
the laws of the
country needed to change and few believed that actions by
the
government or the police were the sole answer. It seems
that these things
are important, but either not a priority or viewed as
changes with little
chance of being implemented.
A few women suggested things other than education. For
example,
woman 7 believed that it is only better for Christians
abroad whilst
woman 6 answered that Muslims should be educated so that
they do not
treat Christians badly.
4.8 Conclusion
The early indication that there was a difference in the
treatment of rich
and poor Christians was strongly confirmed by the findings
of the
interviews. The suggestion that, in the Punjab, one146s
importance and
respect is based on possessions, particularly
accommodation, wealth and
education appears to be very plausible. Thus it is
interesting to consider
that education for Christian women, which was widely named
by
respondents as the most effective way to improve lives,
may not only
bring better jobs, more choices in life and an increase in
wealth, but may
also decrease their experience of social discrimination on
the grounds of
religion.
40
CHAPTER 5: SUMMARY
5.1 Purpose and structure of chapter
This final chapter summarises the findings. It identifies
basic findings
that could form a base for policy recommendations and then
recommends
further research that would be useful in this field.
5. 2 Summary
Christians in Pakistan are a small minority, concentrated
in the Punjab.
Many reports assert that three quarters of them are poor
and attribute this
to discrimination on the basis of their religion. Early
findings indicated
that there were differences between the social situation
of rich and poor
Christian women, and so the research design explicitly
selected
respondents from both categories. The main findings with
respect to the
social position of Christian women were that poorer
Christians are much
more likely to experience social discrimination than their
richer
counterparts. It is questionable whether their religion is
the root cause or
simply an excuse to despise someone who is socially
inferior. The trends
found in this research suggest the latter given the high
value placed on
social status and material wealth in the Punjab.
Discrimination takes
various forms including refusal to eat, or share a glass,
not wanting to
associate or befriend them, using insulting names, denying
Christians
promotions, giving bad school grades and pressurising them
to convert.
Richer Christians also experienced some of this treatment
(such as
comments and small discriminatory gestures), however it
appears not to
largely affect their lifestyle or livelihood.
This finding is supported by the observation made by the
Minority Rights
Group International, which reported that in Pakistan
145Most Bahais,
Buddhists, Ismailis and Parsis are highly educated, urban
and commercial
groups, with exceptional economic performance. Their
general level of
self-sufficiency and cosmopolitan contacts further ensure
their security146
(Malik, 2002, p26).
5.3 Policy Implications
The clear policy implication of the findings of this
research is that
education is considered by Christian women in the Punjab
to be the most
41
promising way out of poverty. More research would be
needed in order
to form detailed recommendations (see below 5.3).
Awareness amongst
the poor Christian women interviewed for this report
demonstrates
encouraging signs that they are aware of the benefits of
education and are
willing to sacrifice things in order to enable their
children to attend
school.
The second policy implication is that whilst education
would benefit
children and their families, under-educated adults would
benefit greatly
from basic job-related skills training.
Thirdly there appears to be scope for improving
understanding between
Christians and Muslims, given the positive impact that
educated
Christians seemed to make on Muslims they met. Media
exposure about
Christians who are making a contribution to society was
one suggestion
made by a Muslim interested in this challenge. As he noted
it is not
necessary to broadcast programmes specifically about
Christianity, but
rather to promote greater awareness of Christians who do
not conform to
negative stereotypes.
5.4 Areas for further research
Further research is needed in order to identify
appropriate
recommendations that respond to the policy implications
above (5.4). It
would be necessary to research whether schools are
accessible to the poor
Christian community, indicated by the number of school
places compared
to the number of children. Enrolment rates could also be
useful in order to
ascertain whether Christian girls attend school and if
they do whether
they have the same enrolment rate as boys. The question of
what is
keeping children that don146t attend school out of school
must be asked,
and the possibility of whether it is the inability to
afford schooling.
Secondly, research carried out in a rural setting would be
useful to
identify what is shared in common with city-dwellers and
what are
specifically rural issues. This could include
investigating factors affecting
experience of discrimination in villages and the most
effective way to
improve the lives of rural Christian women.
Moving beyond the Christian community to explore the
experience of
other religious minorities would be also be valuable, in
order to see
whether issues are the same across religious minority
groups and
therefore whether efforts to tackle them could be unified
or carried out in
42
partnership. Some sideline comments during interviews and
my stay in
Pakistan (from both Christians and Muslims), as well as
the literature
review carried out for this research, suggest that the
Hindu minority is
considered lower than the Christian minority, because
Christians are
145people of the book146 according to Islam, whereas
Hindus are not (Casey,
2005). In addition the conflict with India has
strengthened prejudices. A
further group which is particularly targeted in Pakistan
seems to be the
Ahmadis because of their claim to Islam but rejection by
mainstream
scholars. In Pakistan146s constitution, for Ahmadis to
identify themselves
as Muslim is a punishable offence, and they are not
allowed to call their
places of worship mosques.
5.6 Conclusion
This chapter has shown that more research is needed in
order to form
policies from the findings of this study. Nevertheless,
helpful basic
background information has been explored and needs seen
from the
perspective of Christian women have been identified.
Further research
would identify why these are problems and how best to
tackle them. It is
hoped that this research contributes to the attempts to
compensate for the
lack of research done on, as Sookhdeo describes, 145the
practical problems
of daily existence faced by Pakistani Christians146 (2002,
p. 18).
43
Appendix 1
THE BLASPHEMY LAW as explained by Centre for Legal Aid and
Settlement (CLAAS) from www.claasfamily.org/blasphemy.htm
The Blasphemy LAW
䀂? Introduction
䀂? Original Sections of 1860 Code: 295-298.
䀂? First Addition
䀂? Additions by General Zia-ul-Haq
Introduction
Pakistan gained independence from Britain in 1947 but has
been unstable
ever since. Its people have suffered through three wars
and endured
military regimes and corrupt governments. Today militant
Islamic forces
in Pakistan have initiated much violence against
Christians, who makeup
2.5 percent of the country146s people. Pakistan is a
fundamental Islamic
state. Article 20 of the constitution of 1973 states that
every citizen has
the right to profess, practice and speak about his own
religion, while
article 36 declares that the state safe guards the
interests and the rights of
the minorities. The reality is different, however, for the
Christians are
forced into a ghetto-like existence. Article 41 of the
constitution states
that the President of Pakistan, and other important posts
like police/armed
force and administration must be Muslims.
Pakistan has dual system of justice; one is called PPC,
Pakistan Penal
Code, formally called Indian Penal Code, which was
compiled by the
British in the subcontinent according to its culture and
values. After
Partition of India and Pakistan it was retained in
Pakistan as the basis of
order and justice.
The other system is called Sharia Law. During General
Zia146s reign Sharia
Law was introduced as one of his many amendments to the
constitution.
He constituted the Federal Shariah Court and made
147Sharia148 as supreme
law of the country. It was made supreme law by the
Parliament in 1991.
In 1998 a proposal was made to officially adopt Muslim
Islamic Law as
the law of land, which would bring about even more
persecution. Despite
44
hardships, Christians preserve in love
boldly sharing Christ.
Besides its implicit attack on the validity of the
Constitution, perhaps the
most dangerous aspect of the Sharia Act is that it
declares an undefined
entity to be the supreme law of the country. Sharia is
defined as 147the
injunctions of Islam as laid down in the Holy Qur146an and
Sun146nah,148 but
no universally accepted codification of these injunctions
exists, nor in the
nature of the case can such a codification exist.
The problem about assessing the effect of the Sharia Act
on women or
minorities or in terms of general human rights, is that
the Act does not
address this issue directly, except in the protection
clauses put into it at
the last minute. Yet the Act poses a real threat.
Sharia has pushed the minorities away from the country146s
mainstream.
This law has taken away the basic rights of minorities and
they are not
practically involved politically, socially, economically,
etc. After the
imposition of the Sharia Law minorities feel more insecure
than ever.
Laws such as Blasphemy Law, Hadood Ordinance (Rape &
Adultery),
Qisas-o-Diyat (Blood Money), Qanoon-e-Shahadat (Witness
Law), etc.
are hanging sword on their heads. Any group of
fundamentalists or any
individual can use these laws against any other group or
individual to
settle personal disputes. The Blasphemy law specifically
is used more
often against the religious minorities, especially
Christians and Ahmedis.
The blasphemy law is a part of the Pakistan Penal Code,
which was
introduced in 1860 by the British Government to protect
religious
feelings. It may be observed that Section 295 provides
protection to
worship places of all classes of religions living in the
subcontinent. It
does not contain element of discrimination or preference
to any class. It
maintains equality of all before the law. The law appears
to maintain
mutual harmony and peace as well as to promote sense of
mutual
tolerance, understanding and respect in the multifaceted
society of the
subcontinent. This section represents the typical example
of a secular
democratic law for benefit of all and loss to none. But it
gradually was
envenomed and the additions in it made this law a weapon
of
annihilation.
There have been instances of intolerance relating to the
blasphemy laws,
promulgated by General Zia in 1985. They state that
whoever says
anything disparaging about Holy Qur146an and Muslims can
be punished by
life imprisonment and that anyone who blaspheme against
Prophet
Muhammad [pbuh] is liable to the death penalty.
45
The blasphemy law continues to be abused because of its
vague
formulation, which allows arbitrary enforcement. In
addition, it only
takes the testimony of four Muslims to bring about a
conviction. It is not
worthy that in several cases complaints have been filed at
the insistence
of local clerics or members of the Islamic parties. The
motives are varied
and some seem to be purely because the accused is a member
of minority
faith. In other cases this fact is exacerbated by economic
or professional
rivalry.
Original Sections of 1860 Code: 295-298.
Section 295: Injuring or defiling place of worship, with
intent to insult
the religion of any class.
145Whoever destroys, damages, or defiles any place of
worship, or any
object held sacred by any class of persons with the
intention of thereby
insulting the religion of any class of persons or with the
knowledge that
any class of persons is likely to consider such
destruction, damage or
defilement as an insult to their religion, shall be
punished with
imprisonment of either description for a term which may
extend to two
years, or with fine, or with both.146
Section 296: Disturbing religious assembly.
145Whoever voluntarily causes disturbance to an assembly
lawfully
engaged in the performance of religious worship, or
religious ceremonies,
shall be punished with imprisonment of either description
for a term
which may extend to one year, or with fine, or with both.146
Section 297: Trespassing on burial places, etc.
145Whoever, with the intention of wounding the feelings of
any person, or
of insulting the religion of any person, or with the
knowledge that the
feelings of any person are likely to be wounded, or that
the religion of
any person is likely to be insulted thereby, commits any
trespass in any
place of worship or on any place of sepulture, or any
place set apart for
the remains of the dead, or offers any indignity to any
human corpse, or
causes disturbance to any person assembled for the
performance of
funeral ceremonies, shall be punished with imprisonment of
either
description for a term which may extend to one year, or
with fine or with
both.146
46
Section 298: Uttering words etc with deliberate intention
to wound
religious feelings.
145Whoever, with the deliberate intention of wounding the
religious
feelings of any person, utters any word or makes any sound
in the hearing
of that person, or makes any gesture in the sight of that
person, or places
any object in the sight of that person, shall be punished
with
imprisonment of either description for a term which may
extend to one
year, or with fine, or with both.146
First addition
In 1927 section 295-A was introduced as a result of the
failure to convict
one Rajpal who had written a scurrilous tract against the
Holy Prophet
[Peace be upon him]. Rajpal146s acquittal led to serious
Muslim150Hindu
communal tension. To fill the lacunae in the laws that had
enabled his
acquittal 295-A was introduced by Act XXV of 1927. This
was the
second blasphemy law.
Section 295A: Deliberate and malicious acts intended to
outrage
religious feelings of any class by insulting its religion
or religious
believers.
145Whoever, with deliberate and malicious acts intended to
outrage
religious feelings of any class of His Majesty146s
subjects , by words, either
spoken or written, or by visible representations, insults
or attempts to
insult the religion or religious beliefs of that class,
shall be punished with
imprisonment of either description for a term which may
extend to two
years , or with fine, or with both.146
Additions by General Zia
Thereafter the laws remained unchanged until 1980. Between
1918 and
1947 there are only 4 reported cases in India under
sections 298 and 295-
A i.e. the blasphemy laws. Between 1947 and 1986 there
were only 5
reported cases in Pakistan.
All the above laws also continue to be part of the Indian
and Bangladesh
Penal Codes.
In 1980 section 298-A was introduced. This was the third
blasphemy law.
47
Section 298-A. Use of derogatory remarks etc. in respect
of Holy
Personages.
145Whoever by words, either spoken or written, or by
visible
representations, or by any imputation, innuendo or
insinuation, directly or
indirectly, defiles the sacred name of any wife [Ummul
Mumineen], or
members of the family [Ahle-bait], of the Holy Prophet [Peace
be upon
him] or any of the righteous Caliphs [Khulafa-e-Raashideen]
or
companions [Sahaaba] of the Holy Prophet [Peace be upon
him] shall be
punished with imprisonment of either description for a
term which may
extend to three years, or with fine or with both.146
Section 295-B. Defiling etc. of copy of Holy Qur146an.
145Whoever willfully defiles, damages or desecrates a copy
of the Holy
Qur146an or of an extract therefrom or uses it in any
derogatory manner or
for any unlawful purpose shall be punishable with
imprisonment for life.146
In 1986 the final addition was made: 295-C.
Section 295-C: Use of derogatory remarks, etc, in respect
of the Holy
Prophet [pbuh].
145Whoever by words, either spoken or written, or by
visible representation,
or by any imputation, innuendo, or insinuation, directly
or indirectly
defiles the sacred name of the Holy Prophet Muhammad [Peace
be upon
him] shall be punished with death, or imprisonment for
life and shall also
be liable to fine.146
The two technical changes introduced with this law are
that for the first
time blasphemy becomes a capital offence. Further, in 1991
the Federal
Shariat Court ruled that the option of life imprisonment
was to be
removed and the death penalty became the mandatory
punishment for this
offence. The second innovation is that this is the only
law in the entire
Penal Code that requires the presiding judge be a Muslim.
The other
noteworthy aspect of this section is the absence of the
expression
willfully or intentionally in the text of the law.
Disregard of the element
of will or intention in the law makes the whole
environment suspicious of
the reason that 147will148 or 147intention148 is an
essential part of human
behavior in the context of identifying a criminal offence.
Thus under
section 295-C, a person committing offence without
147will148 or 147intention148
is awarded death sentence at par with the one committing
it 147willfully148 or
147intentionally.148 We can see that law is required to
punish the
48
147unintentional148 offence on the same scale as in the
case of 147intentional148
one, without any justification.
49
Appendix 2
LAWS OPEN TO ABUSE as explained by Centre for Legal Aid
and
Settlement (CLAAS) from www.claasfamily.org/lota.htm
Laws Open to Abuse
䀂? Blasphemy Laws
䀂? Hudood Ordinance: Rape and Adultery
䀂? Qanoon-e-Shahadat: Laws of Witness
䀂? Qisas-o-Diyat: Blood Money
䀂? Interfaith Marriages
䀂? Constitution of Pakistan Relating to Women
䀂? Constitution of Pakistan Relating to Children
Hudood Ordinance: Rape and Adultery
This law was promulgated on 22nd February 1979. It covers
theft,
drunkenness, adultery, rape and bearing false witness.
Zina (adultery) is a
part of this ordinance, which is divided into two sections,
Zina (adultery
and fornication), Zina-bil-jabar (rape). In this it is
easy to accuse women,
at times even falsely of adultery. Both sections are
liable to hadd, and
victim require at least four Muslim adult male witnesses
about whom the
court is satisfied having regard to the requirements of
147tazkyah-alshuood148
that they are truthful persons and abstain from major sins
give
evidence as eye-witness of the act of penetration
necessary to the offence.
Non-Muslim witness is not admissible, against Muslim, but
if the accused
is a non-Muslim, the eyewitness may be non-Muslim.
Moreover the presiding officer of the court by which a
case is tried or an
appeal is heard under this ordinance shall be Muslim. In
the case of a
non-Muslim accused the presiding officer may be non-Muslim.
If a victim is non-Muslim and perpetrator(s) Muslim, it
becomes hard to
prove rape, because non-Muslim witness is not admissible
and four male-
Muslims cannot be provided anyway. In such cases female
victims cannot
prove their case are subsequently charged with Zina or
Qazaf (Islamic
50
law) for making a false statement, and becomes liable to
hadd. This is an
effective deterrent against women complaining of rape or
abuse. Many
women are suffering in different jails in Pakistan charged
under this law.
Qanoon-e-Shahdat: Laws of Witness
This law came into effect in 1984. It is discriminatory
against women and
the non-Muslim. In this law the evidence of two women
equals to that of
one man in the case of Muslims, while four male witnesses
are needed if
they are non-Muslims. In the case of non-Muslim women
there is much
confusion as to how many witnesses are required to testify.
In fact non-
Muslims cannot give evidence in Hadd (maximum) punishment
if a
Muslim is on trial. Moreover in the case of Hadd
punishments, the Zina
Ordinance does not take into account a woman146s evidence
even if she is
the victim.
Qisas-o-Diyat: Blood Money
Qisas literally means retribution, with the logic of an
eye for an eye,
while Diyat is blood money for murder, or financial
compensation for
physical injury in lieu of retribution. It provides for
punishment for
murder and injury but it is discriminatory towards women
in terms of
their number of witnesses in order to testify in the court
of law. Only two
male witnesses can testify for maximum punishment while
women can
only testify for awarding lesser punishment. Evidence of
non-Muslims is
only acceptable if the accused is also a non-Muslim. Diyat
is meted out
with discrimination, as blood money awarded for women to
the aggrieved
party is only half to that of a man while women are liable
to the same
punishment.
Interfaith Marriages
Introduction
51
Interfaith marriages are not very common in Pakistan, as
people prefer to
stay in their respective religions. People in Pakistan
when settling a
marriage between a man and a woman try to get information
of the family
they are suppose to have their son/daughter to be married.
They often do
investigation through different sources for their
satisfaction and to avoid
any problems faced in the future.
Every person/family try to get married in their respective
religion, caste
and sects of belief. Like a Muslim Sunni would prefer to
be married in a
Sunni family, the same is in Shia and other sects of
Muslim religion.
Christians also prefer to marry in their own religion and
would not like to
go out of their cultural differences. It is not possible
for either side to
accept and follow the religion of any side especially in
case of a Christian
woman.
Legally there is no objection for a Christian or Muslim to
tie in bond of
marriage but the pressure from the families and the
community from
either side makes it impossible for a Christian or Muslim
to get married.
But still these marriages take place in the community with
or without the
permission of both the families. These marriages take
place in two
different ways:
1. Forced Marriages
2. Love Marriages
i. Muslim boy & Christian girl
ii. Christian boy& Muslim girl
Forced marriages
Most of these marriages take place in rural areas where a
Muslim feudal
marries a Christian woman by force. This usually happen to
teach a
lesson to a Christian servant either for not obeying the
orders of the
master or if the Christian woman is beautiful the feudal
gets a desire to
have her and this force him to marry that Christian woman.
This also
happen in brick kilns and other labor industries where
whole of the family
works and Christian women are being subjected into this
forcible
marriage and are asked to forget about their previous
marriages as their
marriages automatically dissolves after marrying a Muslim
man.
These marriages also take place when a minor is forcibly
converted to
Islam and to prevent her from going to her Christian
parents they are
52
usually forced into marriage with a Muslim male twice
older than their
own age.
Love marriages
Christian boy and Muslim girl
It is not possible for a Christian boy to get involved
with a Muslim girl. If
a Christian boy and a Muslim girl fell in love with each
other they cannot
get married because of the fear and pressure from their
families and also
the pressure built by the extremists.
Muslims do not allow their daughter marries is a Christian
by faith then
they take it against their pride and honor. They take it
very seriously, and
if the couple go into hide they search them, find them and
kill both
including the family of that Christian boy. They also
charge the boy/man
and his family for abduction of their daughter and try to
get them behind
bars.
Muslim boy & Christian girl
Unlike the marriage between a Christian boy and a Muslim
girl, there is
no problem for a Muslim male to marry a Christian girl. It
is said in the
Muslim community that by marrying a Christian girl and
bringing her
into the circle of Islam is to commit a good deed for the
male and for
Islam. Muslims welcome Christian girls in their family and
expect the girl
to get involved in the new environment and to follow her
religion
obediently. But soon they start to have conflicts with the
girl and these
types of marriages does not last long and in the end the
girl get tired and
wants to get freedom from her husband and his religion.
This enrages the
Muslim husband and his family and they take this against
Islam to let the
girl go to her previous religion. They often kill her or
does not give her
divorce and keep her in their custody forcibly.
Even if the girl manage to escape from her Muslim in-laws
they follow
her and try to threaten her and her family to send her
back or else they
(Christian girl and her family) will be killed. Even after
getting divorce
from her Muslim husband that Christian girl live her life
in fear and try to
live where no one can recognizes her. Therefore,
interfaith marriages do
not bring any good results for Christian men or women as
in either way
they lose in the end.
53
Constitution of Pakistan Relating to Women
Rights of women are being protected in the constitution of
Pakistan as
well as in the Universal Declaration of Human Rights.
All citizens are equal before law and are entitled to
equal protection of
law.
There shall be no discrimination on the basis of sex
alone.
No citizen otherwise qualified for appointment in the
service of Pakistan
shall be discriminated against in respect of any such
appointment on the
ground only of 133.. sex133.
Steps shall be taken to ensure full participation of women
in all spheres of
national life133.
The state shall protect the marriage, the family, and the
mother133..
The state shall 133133[ensure] that133.women are not
employed in vocation
unsuited to their sex133.
Constitution of Pakistan, Articles 25, 27, 35, 37
All human beings are born free and equal in dignity and
rights133..
Everyone is entitled to all the rights and freedom set
forth in this
declaration, without distinction of any kind133..
All are equal before the law and are entitled without any
discrimination to
equal protection of the law133.
Men and women of full age133are entitled to equal rights
as to marriage,
during marriage and at its dissolution.
Marriage should be entered into with the free and full
consent of the
intending spouses.
Everyone has the right to equal access to public service
in his country.
Mother and childhood are entitled to special care and
assistance.
Universal Declaration of Human Rights, Articles 1, 2, 7,
16, 21(2),
25(2)
Constitution of Pakistan Relating to Children
Child rights are being protected in both the Constitution
of Pakistan and
in the UN declaration for the protection of child rights.
No child below the age of 14 years shall be engaged in any
factory or
mine or any other hazardous employment.
Constitution of Pakistan, Article 11(3)
54
The state shall protect the marriage, the family, the
mother and the child.
Article 35
The state shall make provisions for 133.ensuring that
children 133.are not
employed in vocations to their age133133..
Article 37(e)
In all actions concerning children, whether undertaken by
public to
private social welfare institutions, courts of law,
administrative
authorities or legislative bodies, the best interest of
the child shall be a
primary consideration.
Article 3(1)
133..childhood is entitled to special care and assistance
UN Convention of the Rights of the Child, Preamble
Due to the lack of improper administration of the law in
Pakistan the law
and Constitution is being violated and the government has
no means to
stop it to protect children.
55
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Host organisations
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CLAAS Pakistan: www.classfamily.org
CLAAS UK: http://www.cltf.org.uk/
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