On the rights of religious minorities in the Case Law
The case law in Pakistan presents diverse trends with regard to protecting the rights of minority communities. Before the 1980s, the case law was mostly about issues related to personal or family laws, whereas afterwards, the focus shifted on collective or community concerns. It seems that minorities increasingly approached courts seeking protection of their socio-economic interests and their civil and political rights after the 1980s.
The secession of East Pakistan came as a marker of increased structural and systemic challenges for minorities. In addition, apparently two factors influenced minorities’ choice for seeking legal remedies. First, the introduction of the 1972 policy of nationalisation of educational institutions impacted the Christian, Parsi and Ahmadi communities in particular. With the surrendering of their educational institutions, these communities lost their social vibrancy and relevance to a large extent.