LAHORE: Legal experts and human rights and political activists have expressed reservations on Punjab Tahaffuz-i-Bunyaad-i-Islam (protecting the foundation of Islam) Bill 2020 saying it severely affects constitutionally guaranteed freedoms of citizens, stifles the growth of scholarship, and can potentially ignite sectarian tensions.
Speaking at an online discussion hosted by Islamabad Policy Institute (IPI) here on Friday, the experts called for scrapping the Bill altogether instead of simply reviewing it. The Bill passed by Punjab Assembly last week was returned by Governor Chaudhry Muhammad Sarwar to the provincial legislature for review and consensus-building after criticism by civil society and representatives of the Shia sect. No public consultation preceded the drafting of the Bill.
Taking part in the discussion, Human Rights Commission of Pakistan Secretary General Harris Khalique said the passing of the controversial bill by Punjab Assembly was reflective of a deeper malaise Pakistani state and society suffered from. He said this bill might fan religious and sectarian tensions. He said giving absolute power to a government bureaucrat to ban and confiscate any reading material from anywhere was ridiculous and undemocratic.
Lawyer Asad Jamal, who is also a visiting fellow at IPI, contended that the Bill essentially sought to achieve “sectarian” objects on the basis of discrimination against minorities, but at the same time it also sought to destroy freedom of book trade as well as academic freedom and critical thinking.
“The very fact that some self-serving politicians allowed this poisonous bill to be introduced and passed in the Punjab Assembly shows how vulnerable the politics of the province is to the manipulations of those who want to turn this province into a center of sectarian hatred,” he said.
Suggesting the way forward, he said the least the powerful political elite could do now was to stop it from being reintroduced in an amended form as it violates some of the most cherished values and fundamental rights incorporated in articles 10-A, 18, 19, 20, and 25 of the Constitution of Pakistan.
Lawyer Imaan Mazari-Hazir said the Bill breached constitutionally-safeguarded fundamental rights to expression; information; profession or trade; equal treatment and protection of the law; and to profess religion and to manage religious institutions.
“Owing to the wide scope of arbitrary authority and discretion vested in the DGPR, the Bill is also in contravention of Article 10-A of the Constitution. It is also in violation of Pakistan’s international human rights obligations with respect to freedom of expression,” she maintained.
IPI Executive Director Sajjad Bokhari said the purpose of the sponsors of the Bill was nothing but to appease the religious right wing as its stated objectives are already covered by other legal provisions. He warned that its consequences could be very serious.
Political activist Mohsin Shehryar said the Bill was not acceptable in any shape. He cautioned that its vague language could be abused by extremist elements.
Published in Dawn, August 1st, 2020
