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13 Indian J.L. & Just. 190 (2022)
Rights of Minorities in India and Pakistan: A Comparative Study

handle is hein.journals/ijlj13 and id is 200 raw text is: INDIAN JOURNAL OF LAW AND JUSTICE Rights of Minorities in India and Pakistan: A Comparative Study Dr. Rakesh Mandall Abstract At the verge of the independence, two separate dominions were established by the British Government on the basis of religion. Although two major communities are divided on religion, a large numbers of minorities are living at either nation. Pakistan constitutionally declared as Islamic Nation whereas India declared herself as secular nation. However, Muhammad Jinnah had guaranteed that minorities are free to profess and practice their religions and develop their cultures. Consequently, the Constitution of Pakistan guaranteed some basic rights and fundamental freedoms under the Constitution. Unfortunately, these constitutional guarantees were not implemented in reality inspite ofJinnah's assurance. Presently, Pakistan is one of the most hostile states for the minorities in the world. The reasons behind that after 1977 Pakistan became more orthodox and tried to Islamized the entire nation and political campaigned was focused on religious hatred. This paper endeavors to comparatively analyze the status of minorities in India and Pakistan and their respective constitutional safeguards. It further focused on Constitutionalism which is original and real sprite of the nation towards execution of noble ideas on ground reality. Therefore, written constitution has a very little impact, it is the constitutionalism or the sprite and willingness of the political parties and people who govern the state and execute the rights in reality. Key words: Minority Rights, Constitutionalism, Human Rights, Constituent Assembly Debate I. Introduction In 1947, on the basis of the religion the unified British colony, India has been divided as Union of India and Pakistan. The partition of India was merely a political decision which was not supported by the public opinion. No public opinion was taken before creation of Pakistan. Until 1947, the two major 'Assistant Professor, Department of Law, University of Burdwan, Burdwan, West Bengal, India 190