Status of Minorities of Pakistan and India: A Legal and Constitutional Comparison

Abstract

The protection of the rights of minorities remains an important challenge for both Pakistan and India. There are many violent public events towards minorities coupled with the failure of the Government to ensure the protection of their life and properties in both countries on various occasions. This study aims to investigate the constitutional and legal status of minorities in Pakistan and India. Since the nature of the topic is immeasurable in nature, a qualitative research approach through comparative analysis is carried out. The population of minorities in both countries is quantified through Pakistan's population census in 2017 and India's population census in 2011. The study highlights the presence of various provisions that are discriminatory in nature and presents a comparison of textual differences and similarities between the current constitutional provisions related to minorities in both countries. The study further indicates that the Constitution of the Islamic Republic of Pakistan, 1973, specified the minorities as religious minorities and ensured freedom in religious, social, and political matters, and the State is made liable to guarantee such freedom to the minorities. The Constitution of India, based on the philosophy of a secular state, assures equal opportunities to minorities, but the separate laws and regulations in different states make the religious minorities concerned about the secular philosophy. On the ground, both countries need to revise the constitutional provisions that lack clarity with regard to the rights of minorities. It is also important for both countries to ensure the implementation of current fundamental rights given in the Constitution, realize the importance of the welfare of minorities, and take the right policy and legislative interventions to protect the rights of minorities in Pakistan and India.