After military might, religion is the greatest alibi
to defy the rule of law in Pakistan.
One of the most precious
achievements of human civilization is the value of rule of law, as against the
rule of man, ideology or faith. Herein is implied an inherent regard for the
life and liberty of each person, his right to profess and practice any religion;
in sum his right to live a life of his choice. It is as simple as that – that as
against man, ideology and faith, rule of law is tolerant and accommodative of
all creeds and all cultures, i.e. to all the individual differences of mind and
body found in human beings. It looks upon each and every person as by birth endowed
with certain inalienable rights, treats him as equal and without any trace of
discrimination; it provides equal protection of law to all; it gives every
person right to be prosecuted under due process of law and prove himself
innocent. That bestows the rule of law with an over-riding status.
Human history is replete with
examples of rule of men, ideologies and faiths. At its best, it is the story of
such men warring against each other and killing each other mercilessly in order
to impose their ideologies and faiths on others. As we gradually learned to
live together with each other’s differences intact, the recent history came to
look much different from those bloody days. However, there still exist some
blots on the world map that reminds us of that old world torn apart by the
differences of culture and creed.
As since 1947 to this day,
military might made fun of rule of law with intermittent civilian governments
also manipulating the law to their purposes, and as in the absence of rule of
law the religious groups, parties and institutions found a vacuum sufficiently fertile
to their flourishing, Pakistan was degraded into an elitist anarchist state.
Surprisingly, the six decades
of our history narrate, on the one hand, a gloomy tale of the retreat of the
forces which should have supported and established rule of law in Pakistan, and
on the other, the continuous offensive of religious entities on everything
un-tasteful to them and even on law itself such as during the regime of General
Zia-ul-Haque. In a sense, these decades provide a kaleidoscopic vision of ever
increasing interference of military and religious factors in the polity of the
country. How they got married finally was but a natural end of their love affair!
Initially, it was in the wake
of the Objectives Resolution that rule of law suffered its first casualty.
Then, the very concept of law and constitution was repeatedly hammered equally
both by military-men and politicians. It was down into 1973 when first elected
assembly adopted a constitution. In between took place religious riots of 1953
on the issue of Khatm-e-Nabuwat. Also, now and then the flame of sectarian
hatred and violence kept erupting.
Actually, both dictators and civilian
rulers used religion and religious entities un-sparingly to strengthen and
prolong their governments and to promote their elitist interests, and obviously,
at the cost of constitution, rule of law, and fundamental rights of the
citizens; so much so that these values did not remain part of whatever little political
discourse we had. The damaging nature of successive military takeovers and
decades of their coercive rule on the one hand and incompetent, short-sighted
and self-seeking politics of manipulative temporal civilian governments on the
other can be gauged by the proverbial falling standards of education. Not only was
the quality of education but academic freedom and excellence were also sacrificed
at the altar of ideological slogans. That turned educational institutions into
hotbeds of ideological recruitment for religious entities. While teachers,
learners, and researchers disappeared from the academic scene, an army of
ideologues infested the intellectual environment to say the least. That is what
we witness today in our highest educational institutions.
What started during the last
days of Pakistan Peoples Party’s government (1973-1977) General Zia-ul-Haque’s
dictatorship actualized it to its peak! In order to save his and his
government’s skin, Zulfiqar Ali Bhutto, in utter disregard of the
constitutional values, ceded much space to religious entities. Instead of
promoting the progressive and liberal agenda as he and his party claimed, he
and his party’s politics and style of government infused new blood into almost
defunct religious entities. It seems General Zia-ul-Haque’s declared agenda had
its roots in the policies of its predecessor PPP government.
It is under the dictatorship
of General Zia-ul-Haque that state, government and religious entities merged
into one. Everything got a check-up, if diagnosed negative, declared so,
operated upon, and made to look and behave as he and his team of ideologues
wished them to. A wholesale process of Procrustean-ism was unleashed that still
continues mostly unabated. The US-sponsored Afghan Jihad against the Reds proved
like manna from the heavens. On it nourished the nonentities and became
leviathans of tomorrow, the Jihadis of today, the Taliban.
Again another General who
imposed himself as the enlightened one, in fact supported the Taliban whole-heartedly
until the 9/11 came like a bolt from the blue, and he abandoned them
half-heartedly to be kept on board clandestinely. General Musharraf’s
dictatorial rule is the worst in the history of dictatorship in Pakistan. No
one more than him caused irreparable disfigurements to the constitution, rule
of law, and fundamental rights. He by using the launching pad provided to him
by General Zia-ul-Haque threw Pakistan away into a wilderness of anarchy where
Taliban and their covert and overt supporters seem to enjoy the sway. In other
words, it meant the death of the constitution, rule of law, and fundamental
rights of the citizens of this country.
This cursory look at the
phenomena of rise and arming of the religious factor coupled with its support
from the military section and political parties shows how instead of bringing
it into the fold of law the religious factor was appointed against the values
of rule of law and fundamental rights. On the social side also, it’s sort of a
daily experience how religious entities and personalities defy law and rule of
law. Not only they seem to have an inherent disregard for law and rule of law,
they cultivate and promote it to the best of their abilities.
It’s a matter of common
observation how from a mosque to a madressah no respect for the law of the land
is shown or taught. The irony of fate is that both military and civilian
politics (this includes the quality of their governments also) encouraged this
religious disregard for the law of the land. As far as religious factor is
concerned, never ever was it made to behave according to, and abide by, the
law. Probably the greatest tragedy that happened to Pakistan is that religious
factor decisively succeeded in putting everything on defensive. How under such
circumstances a value like rule of law could take root? Thus, what happened in
Gojra is not un-expected.
Yeah, the new born Supreme
Court has started the process of setting things right, but it will take time, and,
no doubt, it is not the duty of the Court to maintain law and order and protect
life and liberty of the citizens of Gojra be they Christians, however it must
take notice of the criminal lapse of the administration and the law enforcing
agencies due to the negligence of which lawlessness in the name of religion was
let lose in Gojra. Aren’t those whom law invests with the duty of protecting
life and property and rights of the people without any discrimination of creed,
equally responsible for the arson, loot and murder of Gojra citizens as those who
actually committed these crimes? They all must be indicted equally guilty.
Obviously, where there is no accountability, there is no hope! If the court
does not come to the rescue of the religiously discriminated and persecuted as
in the case of Gojra, there will be no hope for the rule of law either. Let the
Supreme Court decide what the over-riding value in post-restoration Pakistan is!
وقت کرتا ہے پرورش برسوں
حا دثہ ایک
دم نہیں ہو تا
[This article was completed on
August 6, 2009.]
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