Constitution of Commission suggested to deal with Forced Conversion issue in Pakistan

nasiraijaz June 13, 2024

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The issue of forced conversions in Pakistan is a serious human rights violation that requires immediate attention and action

The commission may after being satisfied may order for the validity or otherwise of conversion or marriage after conversion of such person
No court shall have the jurisdiction of recording the statement of such person or quashing the case or proceedings until and unless the commission has made an order in writing regarding such conversion

Advocate Mukesh Kumar G. Karara | Sukkur Sindh

Pakistan, a country with a rich cultural heritage and diverse religious landscape, has been grappling with the pressing issue of forced conversions for decades. The phenomenon of forced conversions, where individuals are coerced or deceived into renouncing their faith and embracing another, has been a persistent blight on the country’s human rights record.

The majority of forced conversion cases in Pakistan involve Hindu and Christian girls and women, who are often abducted, married off to Muslim men, and forced to convert to Islam. According to the Human Rights Commission of Pakistan, at least 1,000 Hindu and Christian girls are forcibly converted to Islam every year.

The issue of forced conversions is complex and multifaceted, with deep-rooted societal, cultural, and economic factors at play. In many cases, victims are lured by false promises of marriage, education, or employment, only to find themselves trapped in a web of coercion and exploitation. Others are abducted and subjected to physical and sexual violence, with their families often powerless to intervene.

At least 1,000 Hindu and Christian girls are forcibly converted to Islam every year.

The perpetrators of forced conversions often enjoy impunity, with the police and judiciary turning a blind eye to these crimes. In some cases, the victims are even accused of blasphemy, a charge that can carry the death penalty in Pakistan.

The Sindh Government had taken some steps to address the issue, including the passage of the Sindh Forced Conversion of Religion Act in 2019, (but it did not have its approval due to the strong resistance and reservation shown by the scholars). However, more needs to be done to protect the rights of religious minorities and ensure that the perpetrators of forced conversions are brought to justice.

Read: Hindus Forced to Convert in Pakistan under State Patronage – Foreign Media

The international community has also expressed concern over the issue, with the United States Commission on International Religious Freedom (USCIRF) designating Pakistan as a “country of particular concern” for its treatment of religious minorities.

However, these issues can be well taken care of, if a Commission be constituted with a clear mandate of inquiry and final determination as to the conversion of religion by way of force or consent. The Commission be notified, by way of a little amendment and insertions of the followings in the Pakistan Penal Code, 1860 and the Code of Criminal Procedure, 1898.

0-forced-conversions-in-sindh — Image Courtesy: Social Media

Proposed draft of amendment in PPC with insertion of Sections

– Insertion of new section 10-A, in Chapter II (General Explanations) Pakistan Penal Code, 1860,

-10-A. Commission; The Government (either Provincial or Federal) shall notify in the Official Gazette, as defined in chapter II of the Code of Criminal Procedure under section 25-A;

-Insertion of new section in Pakistan Penal Code, 1860

-Section 365-C. Kidnapping or abduction or inducing any person for forcible conversion to any other religion. Whoever kidnaps or abducts any person with intent that such person may be compelled or knowing it to likely that such person will be compelled to forced conversion against his/her will or in order that such person may be forced or seduced or induced to marriage after forcible conversion or knowing it to be likely that such person may be forced or induced for forced conversion to any other religion, shall be punished with imprisonment for life and shall also be liable to fine, and whoever by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion or induces any person to go from any place with intent that such person may be, or knowing that it is likely that such person may be forced or induced to forcible conversion to any other religion, shall also be punishable as aforesaid;

Provided that if the commission, as defined in this Code, after being satisfied from the conduct and religious education (into which conversion took place) of such person may send him / her to a neutral Shelter place for making an independent opinion, or being so satisfied, may issue an order in writing that the conversion is not by force or inducement but is with free will of such person;

Provided further that any conversion to any other religion of any person who is a minor or under the age of eighteen years shall be treated as forcible conversion and shall be punishable as aforesaid unless the parents of the minor have consented to such conversion;

Provided that the commission may after being satisfied may order for the validity or otherwise of conversion or marriage after conversion of such person;

No court shall have the jurisdiction of recording the statement of such person or quashing the case or proceedings until and unless the commission, as defined under this code, has made an order in writing regarding such conversion (forcible or otherwise) of religion, as aforesaid;

Provided that the commission may after being satisfied may order for the validity or otherwise of conversion or marriage after conversion of such person;

In case of conflict in the order, the opinion of Majority of the members shall prevail.

Proposed draft of amendment in Code of Criminal Procedure 1898, with insertion of Sections

Insertion of new section 25-A in the Code of Criminal Procedure 1898;

Section 25-A. The Provincial Governments, so far as regards the territories subject to its administration, may by notification in the official gazette appoint such persons resident within Pakistan and not being the subject of any foreign State as it thinks fit to be, members of the Commission;

Provided that the Chairman of the Commission shall be the sitting or retired Judge of the High Court or Supreme Court, while two members shall be known scholars of Islamic studies, two members shall be the Human Rights activist or social workers, Two members shall be of the religion of the person, who is subject to conversion, and a Deputy Commissioner of the District to which the person under conversion of religion belongs,

Provided that the commission, so notified in the official gazette, may allow the parents of the person who is subject to conversion at the time of recording of proceedings.

Insertion of section 25-B in the Code of Criminal Procedure, 1898;

Section 25-C. Powers of the Commission. Subject to the provisions of this Code, a Commission, shall have the powers –

a) Vested in a Court or Magistrate for the purpose of inquiry;

b) To record the statement of the person under conversion to other religion;

c) For summoning and enforcing the attendance of any person or witness connected with the inquiry;

d) Of compelling production or discovery of documents;

e) For inspecting any place connected with the inquiry;

f) To medically examine the person for the purpose of determining the age;

g) To take the custody of the person for keeping him/her into neutral Shelter place;

In conclusion, the issue of forced conversions in Pakistan is a serious human rights violation that requires immediate attention and action. The government, civil society, and religious leaders must work together to protect the rights of religious minorities and ensure that all citizens are free to practice their faith without fear of coercion or persecution.