Blasphemy in Pakistan#Selected cases

{{Short description|Pakistani penal code on insulting religion}}

{{for|a list of blasphemy cases in Pakistan|List of blasphemy cases in Pakistan}}

{{Use Pakistani English|date=April 2015}}

{{Use dmy dates|date=September 2020}}

The Pakistan Penal Code outlaws blasphemy ({{langx|ur|{{Nastaliq|قانون ناموس رسالت}}}}) against any recognized religion, with punishments ranging from a fine to the death penalty. According to various human rights organizations, Pakistan's blasphemy laws have been used to persecute religious minorities and settle personal rivalries, frequently against other Muslims, rather than to safeguard religious sensibilities.

From 1967 to 2014, over 1,300 people were accused of blasphemy, with Muslims constituting most of those accused.{{cite web|date=6 November 2014|title=What are Pakistan's blasphemy laws?|url=https://www.bbc.com/news/world-south-asia-12621225|access-date=21 November 2014|website=BBC News|archive-date=5 April 2019|archive-url=https://web.archive.org/web/20190405093821/https://www.bbc.com/news/world-south-asia-12621225|url-status=dead}}{{Cite web|last=Editorial|date=2021-11-27|title=Living in fear|url=https://www.dawn.com/news/1660509|access-date=2021-11-30|website=DAWN.COM|language=en}} Between 1987 and February 2021, at least 1,855 individuals were charged under Pakistan's blasphemy laws.{{cite web |title=Pakistan Events of 2022 |url=https://www.hrw.org/world-report/2023/country-chapters/pakistan#:~:text=Freedom%20of%20Religion%20and%20Belief,-The%20Pakistani%20government&text=The%20death%20penalty%20is%20mandatory,as%20specific%20anti%2DAhmadi%20laws. |website=Human Rights Watch | date=12 January 2023 |access-date=24 July 2023}}

Although death sentences for blasphemy have been issued on numerous occasions, no one has yet been executed by the order of the courts or government of Pakistan.{{cite web |last=Ehrlich |first=Richard S. |date=24 September 2013 |title=Pakistan's blasphemy laws to require death sentence for false accusers |url=http://religionnews.com/2013/09/24/pakistans-blasphemy-laws-require-death-sentence-false-accusers/ |access-date=24 April 2017}}{{Cite news |last1=Baloch |first1=Shah Meer |last2=Ellis-Petersen |first2=Hannah |date=19 January 2022 |title=Woman sentenced to death in Pakistan over 'blasphemous' WhatsApp activity |url=https://www.theguardian.com/world/2022/jan/19/pakistan-woman-aneeqa-ateeq-sentenced-to-death-blasphemous-whatsapp-messages |access-date=20 June 2023 |work=The Guardian}} However, those accused of blasphemy are frequently targeted and killed by angry mobs before any trial can begin.{{cite news |last=Symington |first=Annabel |date=9 May 2014 |title=Increasing Violence in Pakistan Surrounding Blasphemy Cases Deters Opposition |url=https://www.wsj.com/articles/increasing-violence-in-pakistan-surrounding-blasphemy-cases-deters-opposition-1399587606 |access-date=24 April 2017 |newspaper=Wall Street Journal |via=www.wsj.com}}

At least 89 Pakistanis were extrajudicially killed over blasphemy accusations from 1947 to 2021.{{cite news |title=89 citizens killed over blasphemy allegations since 1947: report [by the Centre for Research and Security Studies (CRSS)] |url=https://www.dawn.com/news/1671491 |access-date=7 August 2023 |agency=Dawn |date=26 January 2022}}{{Cite book|last=Haq|first=Farhat|url=https://books.google.com/books?id=dlSXDwAAQBAJ|title=Sharia and the State in Pakistan: Blasphemy Politics|date=2019-05-10|publisher=Routledge|isbn=978-0-429-61999-1|language=en}}Matt Hoffman, Modern Blasphemy Laws in Pakistan and the Rimsha Masih Case: What Effect—if Any—the Case Will Have on Their Future Reform, 13 WASH. U. GLOBALSTUD. L. REV. 371 (2014), [https://openscholarship.wustl.edu/law_globalstudies/vol13/iss2/9] Among the victims of such killings have been high profile Pakistanis such as Punjab Governor Salman Taseer,{{Cite news|url=https://www.theguardian.com/world/2015/mar/12/salmaan-taseer-case-harks-back-to-1929-killing-of-hindu-publisher|title=Salmaan Taseer murder case harks back to 1929 killing of Hindu publisher |last=Boone|first=Jon|date=12 March 2015|newspaper=The Guardian|issn=0261-3077|access-date=3 January 2017}} Minister for Minorities Shahbaz Bhatti,{{cite news |title=Pakistani Christian minister shot dead amid blasphemy row |url=https://www.youtube.com/watch?v=YJv3gM-gTe8 |access-date=7 August 2023 |agency=EuroNews |date=March 2011}}{{cite news |title=Killing of Pakistan Minister Highlights Peril of Questioning Blasphemy Laws |url=https://www.pbs.org/newshour/world/killing-of-pakistan-minister-highlights-peril-of-questioning-blasphemy-laws |access-date=7 August 2023 |agency=PBS News |date=3 March 2011}} and high court justice Arif Iqbal Bhatti, who was slain in his chambers.

According to the US Commission on International Religious Freedom, as of early 2021, around 80 people are known to be incarcerated in Pakistan on blasphemy charges, with half of those facing life in prison or the death penalty.{{Cite web|last=Asad|first=Tahir Naseer {{!}} Malik|date=2021-01-08|title=Islamabad ATC sentences 3 to death for sharing blasphemous content on social media|url=https://www.dawn.com/news/1600385|access-date=2021-01-11|website=DAWN.COM|language=en}} As of 2023, there were at least 53 people in custody across Pakistan on blasphemy charges.{{Cite web |title=Pakistan's blasphemy law: All you need to know |url=https://www.aljazeera.com/news/2023/8/18/all-you-need-to-know-about-pakistans-blasphemy-law |access-date=2024-10-07 |website=Al Jazeera |language=en}}

File:Wadi-e-Hussain Cemetery (Karachi, Pakistan).jpg minorities, Pakistan's minority Shias too are accused of blasphemy for their beliefs. Since 2001, more than 2,600 Shia Muslims have been killed in violent attacks in Pakistan. Many are buried in the Wadi-e-Hussain Cemetery, Karachi.{{Cite web|last=Batool|first=Syeda Sana|title=Wadi-e-Hussain: A graveyard for Pakistan's Shia victims |url=https://www.aljazeera.com/features/2021/1/6/wadi-e-hussain-a-graveyard-for-pakistani-shia|access-date=2021-01-11|website=www.aljazeera.com|language=en}}]]

Context

Many people accused of blasphemy have been murdered before their trials were over,{{cite news|date=18 August 2013|title=Timeline: Accused under the Blasphemy Law|agency=Dawn.com|url=http://www.dawn.com/news/750512/timeline-accused-under-the-blasphemy-law|access-date=10 December 2014}}{{cite journal|last1=Hashim|first1=Asad|title=Living in fear under Pakistan's blasphemy law|journal=Al Jazeera|date=17 May 2014|url=http://www.aljazeera.com/indepth/features/2014/05/living-fear-under-pakistan-blasphemy-law-20145179369144891.html|access-date=21 November 2014|quote=In Pakistan, 17 people are on death row for blasphemy, and dozens more have been extrajudicially murdered.}} and renowned figures who opposed the blasphemy law have been assassinated. Since 1990, 62 people have been murdered following blasphemy accusations.[https://www.economist.com/news/asia/21635070-pakistans-blasphemy-laws-legitimise-intolerance-bad-mouthing "Bad-mouthing: Pakistan's blasphemy laws legitimise intolerance".] The Economist, 29 November 2014. According to one religious minority source, an accusation of blasphemy commonly exposes the accused, police, lawyers, and judges to harassment, threats, attacks, and rioting.{{cite news|last1=Lee|first1=Morgan|title=Muslim Cleric Accused to Framing Christian Girl of Blasphemy is Freed By Pakistan Court Amid Witness Death Threat Rumors|url=http://m.christianpost.com/news/muslim-cleric-accused-to-framing-christian-girl-of-blasphemy-is-freed-by-pakistan-court-amid-witness-death-threat-rumors-102641/|access-date=21 November 2014|agency=CP World|date=20 August 2013|archive-url=https://web.archive.org/web/20141129035550/http://m.christianpost.com/news/muslim-cleric-accused-to-framing-christian-girl-of-blasphemy-is-freed-by-pakistan-court-amid-witness-death-threat-rumors-102641/|archive-date=29 November 2014|url-status=dead}} (In October 1997, for example, a high court justice in Lahore was murdered in his chambers for acquitting two Christians accused of blasphemy, but the killer was "acquitted due to lack of witness testimony".){{cite book |title=A New Era of Sectarian Violence in Pakistan {{!}} International Crisis Group |date=2022 |publisher= |url=https://www.jstor.org/stable/resrep42808.7 |access-date=20 July 2023 |via=www.jstor.org |pages=Page 8–Page 14 }}{{cite news |last1=Yasif |first1=Rana |title=1990 blasphemy acquittal: Judge's murder case put in 'hibernation'" |url=https://tribune.com.pk/story/472495/1990s-blasphemy-acquittal-judges-murder-case-put-in-hibernation |access-date=7 August 2023 |agency=The Express Tribune |date=28 November 2012}}

Critics complain that those accused of blaspheming have seldom actually said or done anything blasphemous; (one lawyer who defends those accused of blasphemy, Anneqa Maria, states that: "In my entire career of 14 years as a criminal lawyer, none of the blasphemy victims I represented have actually committed blasphemy");{{cite news |title=Pakistan: Christian nurse beaten and accused of blasphemy by her colleagues |url=https://observers.france24.com/en/asia-pacific/20210211-pakistan-karachi-christian-nurse-blasphemy-laws-minorities |access-date=7 August 2023 |agency=France 24 |date=2 November 2021}} Asad Hashim writes that from 2010 to 2020,

{{blockquote|the "offences" committed by those accused of blasphemy have been as absurd as throwing a business card into the rubbish (the man's name was Muhammad), a rural water dispute, spelling errors, the naming of a child, the design of a place of worship, burning a (non-religious) talisman or sharing a picture on Facebook.{{cite news |last1=Hashim |first1=Asad |title=Explained: Pakistan's emotive blasphemy laws |url=https://www.aljazeera.com/news/2020/9/21/explained-pakistans-emotive-blasphemy-laws |access-date=16 August 2023 |agency=AlJazeera |date=21 September 2020}}}}

They also complain that Pakistan's blasphemy laws are "overwhelmingly being used to persecute religious minorities and settle personal vendettas",{{cite news|last1=Hanif|first1=Mohammed|title=How to commit blasphemy in Pakistan|url=https://www.theguardian.com/world/2012/sep/05/pakistans-blasphemy-laws-colossal-absurdity|access-date=10 December 2014|agency=The Guardian|date=5 September 2012}} but calls for change in blasphemy laws have been strongly resisted by Islamic parties - most prominently the Barelvi school of Islam. Many atheists in Pakistan have been lynched and imprisoned over unsubstantiated allegations of blasphemy. The state began a rigorous crackdown on atheism starting in 2017, causing conditions to deteriorate significantly. Secular bloggers started facing kidnappings, and the government-initiated advertising campaigns encouraging citizens to identify potential blasphemers in their midst. Further exacerbating the situation, the nation's highest judicial authorities classified such individuals as terrorists.{{cite news|url=https://www.spectator.co.uk/article/pakistan-s-forced-conversions-brings-shame-on-imran-khan|title=Pakistan's forced conversions shame Imran Khan|first=Kunwar Khuldune|last=Shahid|date=11 June 2020|publisher=The Spectator|access-date=4 September 2020}}

Cases under the blasphemy law have also been registered against Muslims who have harassed non-Muslims.[http://www.dawn.com/news/753149/attack-on-hindus-prompts-blasphemy-case-in-pakistan Attack on Hindus prompts blasphemy case in Pakistan]| AP| 30 September 2012| dawn.com{{cite news|url=http://tribune.com.pk/story/444669/attackers-of-hindu-temple-charged-with-blasphemy/ |title=Attackers of Hindu temple charged with blasphemy|author=Rabia Ali|publisher=The Express Tribune|date=30 September 2012|quote=In an extraordinary turn of events, Section 295-A was used to register a blasphemy case against Muslim men for damaging a Hindu temple during riots on Ishq-e-Rasool Day.}}{{Cite web|url=http://www.dawn.com/news/1255777/blasphemy-case-against-six-for-desecrating-sikh-youths-turban|title=Blasphemy case against six for 'desecrating' Sikh youth's turban|last=Butt|first=Shafiq|date=2016-05-02|access-date=2016-08-02}}

In 2020, the European Foundation for South Asian Studies (EFSAS) in a report entitled, Guilty until proven innocent: The sacrilegious nature of blasphemy laws in Pakistan, recommended wide-ranging changes to Pakistan's laws and legal systems.{{cite news|url=https://www.business-standard.com/article/news-ani/pak-authorities-should-urgently-reform-draconian-blasphemy-laws-european-think-tank-120040701827_1.html |title=Pak authorities should urgently reform 'draconian' blasphemy laws: European think tank |date=7 April 2020|work=European Foundation for South Asian Studies (EFSAS)|access-date=14 April 2020}}

According to the International Crisis Group, while in previous decades it was "Islamist hardliners" who lodged blasphemy charges, by around 2022 an environment had developed where "judges, police and private citizens" were "likely to see rewards rather than repercussions for making blasphemy accusations" and it was state court judges, not Islamists, who "increasingly raising the issue".

The U.S.-based [https://cfj.org/ Clooney Foundation for Justice] (CFJ) released its findings in 2024 after monitoring 24 blasphemy lawsuits for six months during 2022 in Lahore, Punjab. The CJF said 15 of the accused are facing mandatory death sentences if convicted. However, the report said its monitors had noted little progress in most cases, with 217 out of 252 hearings adjourned, leaving many defendants stuck in pre-trial detention.{{Cite web |date=2024-09-16 |title=Pakistan defendants face 'grueling' legal battles over blasphemy allegations, says new report |url=https://www.voanews.com/a/pakistan-defendants-face-grueling-legal-battles-over-blasphemy-allegations-says-new-report/7786497.html |access-date=2024-10-04 |website=Voice of America |language=en}}

Laws

By its constitution, the official name of Pakistan is the "Islamic Republic of Pakistan" as of 1956. More than 96% of Pakistan's 220 million citizens (2022) are Muslims.{{Cite web|date=20 February 2009|title=Committee on Elimination of Racial Discrimination considers report of Pakistan|url=http://www.unhchr.ch/huricane/huricane.nsf/view01/91CEF59BA2FEB79FC125756300751700?opendocument|access-date=27 June 2009|work=Press Release|publisher=United Nations}} Among countries with a Muslim majority, Pakistan has the strictest anti-blasphemy laws. The first purpose of those laws is to protect Islamic authority. According to the constitution (Article 2), Islam is the state religion. By the constitution's Article 31, it is the country's duty to foster the Islamic way of life. By Article 33, it is the country's duty to discourage parochial, racial, tribal, sectarian, and provincial prejudices among its citizens.{{cite web|title=Part I: "Introductory"|url=http://www.pakistani.org/pakistan/constitution/part1.html|access-date=24 April 2017}} Under Article 10A of the constitution, it is also the state's duty to provide for the right of fair trial.{{cite web|title=Chapter 1: "Fundamental Rights" of Part II: "Fundamental Rights and Principles of Policy"|url=http://www.pakistani.org/pakistan/constitution/part2.ch1.html#18|access-date=24 April 2017}}

Religion-related offences on the territory of modern Pakistan were first codified by the British Raj in 1860, and were expanded in 1927.{{cite web | title=What are Pakistan's blasphemy laws? | website=BBC | date=2019-05-08 | url=https://www.bbc.com/news/world-asia-48204815 | access-date=29 March 2024|archive-date=26 February 2024|archive-url=https://web.archive.org/web/20240226071338/https://www.bbc.com/news/world-asia-48204815|url-status=live}} Pakistan inherited that legislation when it gained independence after the partition of India in 1947. Several sections of Pakistan's Penal Code comprise its blasphemy laws.{{cite web|title=Pakistan Penal Code (Act XLV of 1860)|url=http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html|access-date=24 April 2017}}

=Development of Pakistani blasphemy laws=

During the 1920s, after the assassination of a publisher of a book named Rangila Rasul, published in Lahore, Punjab, the administration of the British Raj enacted Hate Speech Law Section 295(A),{{cite web|title=Insult to religion - Indian Express|url=http://archive.indianexpress.com/news/insult-to-religion-/7214/|website=archive.indianexpress.com}} in 1927, under pressure from the Muslim community, as a part of the Criminal Law Amendment Act XXV. This made it a criminal offence to insult the founders or leaders of any religious community.{{cite journal|last=Nair|first=Neeti|date=May 2009|title=Bhagat Singh as 'Satyagrahi': The Limits to Non-violence in Late Colonial India|journal=Modern Asian Studies|publisher=Cambridge University Press|volume=43|issue=3|pages=649–681|doi=10.1017/S0026749X08003491|jstor=20488099|s2cid=143725577}}The Book on Trial: Fundamentalism and Censorship in India By Girja Kumar. After the creation of Pakistan in 1947, many anti blasphemy laws and clauses were introduced in Pakistan's Penal Code.

Between 1980 and 1986, the military government of General Zia-ul Haq modified the existing blasphemy laws (which had been inherited from the colonial-era Indian Penal Code) to make them more severe, with a number of clauses being added by the government in order to "Islamicise" the laws and deny the Muslim character of the Ahmadi minority. Before 1986, only 14 cases of blasphemy were reported. Parliament through the Second Amendment to the Constitution on 7 September 1974, under Prime Minister Zulfiqar Ali Bhutto, declared Ahmadi Muslims as non-Muslims.{{cite web|title=CONSTITUTION (SECOND AMENDMENT) ACT, 1974|url=http://www.pakistani.org/pakistan/constitution/amendments/2amendment.html|access-date=24 April 2017}} In 1986, it was supplemented by a new blasphemy provision also applied to Ahmadi Muslims (See Persecution of Ahmadis).PPC [http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html#f108 S. 295-C], inserted by [http://www.thepersecution.org/archive/10_c.html Criminal Law (Amendment) Act, 1986 (III of 1986)]Cf. e.g. Khurshid Ahmad vs. The State, [http://www.khatm-e-nubuwwat.org/lawyers/data/english/11/lahore-high-court-1992.pdf PLD 1992 Lahore 1] {{Webarchive|url=https://web.archive.org/web/20130314131726/http://khatm-e-nubuwwat.org/lawyers/data/english/11/lahore-high-court-1992.pdf |date=14 March 2013 }}, para. 35 Between 1987 and 2017 at least 1,500 people were charged with blasphemy and at least 75 people involved in accusations of blasphemy were killed in Pakistan according to the Center for Social Justice.{{cite news|last1=Masood|first1=Salman|date=30 May 2019|title=Hindu Veterinarian Is Latest to Face Blasphemy Charges in Pakistan|work=The New York Times |agency=The New York Times|url=https://www.nytimes.com/2019/05/30/world/asia/pakistan-blasphemy-law.html|access-date=30 May 2019}} According to another source, between 2011 and 2015, "the latest period for which consolidated data is available" as of 2020, there were "more than 1,296 blasphemy cases filed" in Pakistan.

In January 2023, Pakistan's National Assembly passed a vote to tighten the country's blasphemy laws, a move that incited concern among minority groups. These communities feared the enhanced laws could lead to more human rights violations and further persecution of religious minorities. On January 17, the Assembly unanimously approved the Criminal Laws (Amendment) Bill. This legislation increased the penalty for disrespecting the Prophet Mohammed's companions, wives, and family members from three years of imprisonment to 10 years, in addition to a fine of 1 million Pakistani rupees, equivalent to roughly GBP £3,500.[https://www.csw.org.uk/2023/01/19/press/5917/article.htm Christian Solidarity Worldwide, Retrieved 2023-04-23] Blasphemy is a capital offence in Pakistan.

=Religious offences and punishments=

class="wikitable"

! Pakistan Penal Code sections

!Types and description of offences

!Punishment

align="center" |§ 298

|Uttering of any word or making any sound or making any gesture or placing of any object in the sight with the deliberate intention of wounding the religious feelings of any person.

|1 years imprisonment, or fine, or both

align="center" |§ 298A

|Use of derogatory remarks etc., in respect of holy personages. 1980

|3 years imprisonment, or fine, or both

align="center" |§ 298B

|(Ahmadi blasphemy law) Misuse of epithets, descriptions and titles etc., reserved for certain holy personages or places, by Ahmadis. 26 April 1984

|3 years imprisonment and fine

align="center" |§ 298C

|(Ahmadi blasphemy law) Aka Ordinance XX: f a Muslim, or preaching or propagating his faith, or "in any manner whatsoever" outraging the religious feelings of Muslims, or posing himself as a Muslim. 26 April 1984

|3 years imprisonment and fine

align="center" |§ 295

|Injuring or defiling places of worship, with intent to insult the religion of any class.

|Up to 2 years imprisonment or fine, or both

align="center" |§ 295A

|Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. 1927{{cite web|title=Pakistan Blasphemy Laws ending the Abuse of the Blasphemy Laws|url=http://www.pakistanblasphemylaw.com/?page_id=15|website=pakistanblasphemylaw.com|access-date=13 December 2014|archive-url=https://web.archive.org/web/20141213213041/http://www.pakistanblasphemylaw.com/?page_id=15|archive-date=13 December 2014|url-status=dead}}

|Up to 10 years imprisonment, or fine, or both

align="center" |§ 295B

|Defiling, etc., of Quran. 1982{{cite web|title=Pakistan Blasphemy Laws ending the Abuse of the Blasphemy Laws|url=http://www.pakistanblasphemylaw.com/?page_id=15|website=pakistanblasphemylaw.com|access-date=13 December 2014|quote=This law was amended further in 1982 as 295-B, defiling the Holy Qur'an, was added by Presidential Ordinance 1|archive-url=https://web.archive.org/web/20141213213041/http://www.pakistanblasphemylaw.com/?page_id=15|archive-date=13 December 2014|url-status=dead}}

|Imprisonment for life

align="center" |§ 295C

|Use of derogatory remarks, spoken, written, directly or indirectly, etc. defiles the name of Muhammad or other Prophet(s). 1986

|Mandatory Death and fine (Feb. 1990{{cite book|last1=Talbot|first1=Ian|title=Pakistan, a Modern History|url=https://archive.org/details/pakistanmodernhi00talb|url-access=registration|date=1998|publisher=St.Martin's Press|location=NY|pages=[https://archive.org/details/pakistanmodernhi00talb/page/282 282]|isbn=9780312216061|quote=... following the judicial amendment of the Federal Shariat Court in February 1990, [the Blasphemy Law] carried with it a mandatory death penalty.}})

Trial must take place in a Court of Session with a Muslim judge presiding.{{Cite web| title = Section 295C Pakistan Penal Code | work = Report on the Situation of Ahmadi Muslims in Pakistan | publisher = Persecution.org | date = 4 November 1994 | url = http://www.thepersecution.org/archive/10_c.html | access-date =28 June 2009}}

Except for § 295-C, the provisions of § 295 require that an offence be a consequence of the intent of the accused. (See below Sharia.)

§ 298 states:

:Anyone who, with the purposeful intent to offend the religious sentiments of another individual, either speaks a word or makes a noise within earshot of that person, or performs a gesture or displays an object within their line of sight, is liable to be penalized. The punishment may include imprisonment of any type for a period that could last up to one year, a monetary fine, or both.

Between 1986 and 2007, Pakistani authorities charged 647 people with blasphemy offences.{{Cite web| title = Christians often victims under Pakistan's blasphemy law | work = The Evangelization Station | publisher = FIDES/CWNews | date = 13 May 2005 | url = http://www.evangelizationstation.com/htm_html/Around%20the%20World/Pakistan/christians_often_victims_under_p.htm | access-date =22 June 2009}} with one source saying 50% of these were non-Muslims, who represent only 3% of the national population. No judicial execution for blasphemy has ever occurred in Pakistan,{{Cite web| title = Swearing by reforms: Time to put Pakistan's blasphemy laws on trial | work = HRF/52/02 | publisher = South Asian Human Rights Documentation Centre | date = 15 February 2002 | url = http://www.hrdc.net/sahrdc/hrfeatures/HRF52.htm | access-date =28 June 2009}}{{Cite web

| title = Pakistan: Use and abuse of blasphemy laws

| work = AI Index: ASA 33/008/1994

| publisher = Amnesty International

| date = 27 July 1994

| url = https://www.amnesty.org/en/documents/asa33/008/1994/en/

| access-date = 1 November 2018

}} but 20 of those charged were murdered.{{cite news|last=Siddiqi|first=Tabinda|title=Timeline: Accused under the Blasphemy Law|url=http://dawn.com/2012/09/19/timeline-accused-under-the-blasphemy-law/|access-date=7 November 2012|newspaper=Dawn|date=19 September 2012}}

The only law that may be useful in countering misuse of the blasphemy law is PPC 153 A (a), whoever "by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities" shall be fined and punished with imprisonment for a term that may extend to five years.

On 12 January 2011, Prime Minister of Pakistan Yousuf Raza Gilani once again said that there would be no amendments to the blasphemy law.{{Cite web

| last = Mughal

| first = Aftab Alexander

| title = Prime Minister of Pakistan rejects Pope's call on Islamic blasphemy laws

| publisher = Continental News

| date = 12 January 2011

| url = https://continentalnews.net/prime-minister-of-pakistan-rejects-pope%E2%80%99s-call-on-islamic-blasphemy-laws

| access-date = 12 January 2011

| archive-url = https://web.archive.org/web/20160505032151/https://continentalnews.net/prime-minister-of-pakistan-rejects-pope%E2%80%99s-call-on-islamic-blasphemy-laws

| archive-date = 5 May 2016

| url-status = live}}

=Sharia=

The Federal Shariat Court (FSC) is a religious body that rules on whether any particular law is repugnant to the injunctions of Islam. If a law is repugnant to Islam, "the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam" (Constitution, Article 203D). In October 1990, the FSC ruled that § 295-C was repugnant to Islam by permitting life imprisonment as an alternative to a death sentence. The Court said "the penalty for contempt of the Holy Prophet ... is death".{{Cite web | url = http://www.freedom-now.org/masih_pet.php | title = Petition To: United Nations Working Group on Arbitrary Detention - in the Matter of Ayub Masih, Citizen of Pakistan v. Government of Pakistan | date = 8 October 2001 | publisher = Freedom Now | access-date = 26 June 2009 | url-status = dead | archive-url = https://web.archive.org/web/20090928130956/http://www.freedom-now.org/masih_pet.php | archive-date = 28 September 2009}}{{Cite news| last = Ahmed | first = Akbar S. | title = Pakistan's Blasphemy Law: Words Fail Me |newspaper=The Washington Post | date = 19 May 2002 | url = https://www.washingtonpost.com/ac2/wp-dyn?pagename=article&contentId=A36108-2002May17 | access-date =28 June 2009}} The FSC ruled that, if the President did not take action to amend the law before 30 April 1991, then § 295-C would stand amended by its ruling.

Promptly after the FSC's ruling in 1990, Bishop Dani L. Tasleem filed an appeal in the Supreme Court of Pakistan, which has the power to overrule the FSC. In April 2009, the Shariat Appellate Bench of the Supreme Court considered the appeal. Deputy Attorney-General Agha Tariq Mehmood, who represented the federal government, said that the Shariat Appellate Bench dismissed the appeal because the appellant did not pursue it. The appellant did not present any argument on the appeal because, according to reports, he was no longer alive. Consequently, it appears to be the law in Pakistan that persons convicted under § 295-C must be sentenced to death with or without a fine.{{Cite web | title = Pak SC rejects petition-challenging death as the only punishment for blasphemy | publisher = PakistanNews.net | date = 22 April 2009 | url = http://www.pakistannews.net/story/492878 | access-date = 28 June 2009 | url-status = dead | archive-url = https://web.archive.org/web/20110724001257/http://www.pakistannews.net/story/492878 | archive-date = 24 July 2011}}

Vigilantism

Those who are accused of blasphemy may be subject to harassment, threats, and attacks. Police, lawyers, and judges may also be subject to harassment, threats, and attacks when blasphemy is an issue.{{Cite web | title = Annual Report of the United States Commission on International Religious Freedom May 2009 | work = Pakistan | publisher = United States Commission on International Religious Freedom | date = May 2009 | url = http://www.uscirf.gov/images/AR2009/pakistan.pdf | access-date = 24 June 2009 | url-status = dead | archive-url = https://web.archive.org/web/20090508182340/http://www.uscirf.gov/images/AR2009/pakistan.pdf | archive-date = 8 May 2009}}{{Cite web| last = United Nations Office of the High Commissioner for Human Rights | title = Asma Jahangir | publisher = United Nations | date = 8 October 2008 | url = http://www2.ohchr.org/english/issues/opinion/articles1920_iccpr/docs/experts_cvs/Jaghanfir%20bis.doc | access-date =27 June 2009}} Those accused of blasphemy are subject to immediate incarceration, and most accused are denied bail to forestall mob violence. It is common for those accused of blasphemy to be put in solitary confinement for their protection from other inmates and guards. Like those who have served a sentence for blasphemy, those who are acquitted of blasphemy usually go into hiding or leave Pakistan.{{Cite web | title = Christian Cleared of Blasphemy Charges Fired from Job, Facing Death Threats | publisher = International Christian Concern | date = 22 February 2008 | url = https://www.persecution.org/2008/02/22/christian-cleared-of-blasphemy-charges-fired-from-job-facing-death-threats/ | access-date = 20 October 2019 }}

Pakistan's blasphemy laws are known to be widely abused by those seeking personal gain from those accused, as evidenced by the Imran Ghafur Masih case study. Masih was accused and sentenced to life in prison under Section 295B of the blasphemy laws after his neighbor manipulated and tricked him into unknowingly throwing away a copy of the Quran, because the neighbor wanted to gain Masih's storefront real estate.{{Cite web|title=The Voiceless Victims of Pakistan's Blasphemy Laws|url=https://www.persecution.org/wp-content/uploads/2020/05/0520_icc_blasphemy_report.pdf|last=Stark|first=William|date=2020|website=persecution.org|access-date=29 May 2020|archive-date=5 June 2020|archive-url=https://web.archive.org/web/20200605064908/https://www.persecution.org/wp-content/uploads/2020/05/0520_icc_blasphemy_report.pdf|url-status=dead}}

One of the most popular cases in this context is the Asia Bibi blasphemy case. Asia Bibi, a Christian farm laborer, was beaten by a mob and arrested for blasphemy in June 2009 after being accused of insulting the Prophet Muhammad during an argument. The Punjab governor, Salman Taseer, was shot in 2011, after he publicly voiced his support for Bibi by his own bodyguard Mumtaz Qadri. It took almost a decade to overturn her death sentence as she was acquitted in October 2018. Her release was opposed by a far-right fledgling party called Tehreek-e-Labbaik Pakistan (TLP), an offshoot of right-wing religious group Tehreek-i-Labbaik Ya Rasool Allah Pakistan. The radical elements managed to force the Pakistan's government to put Asia Bibi on Exit Control List to prevent her from fleeing the country. However, she managed to find an asylum in Canada in 2019.{{Cite web |last=Yusuf |first=Abdullah |date=2019-07-18 |title=Tehreek-e-Labbaik: how blasphemy case in Pakistan brought down hardline religious party |url=https://theconversation.com/tehreek-e-labbaik-how-blasphemy-case-in-pakistan-brought-down-hardline-religious-party-119800#:~:text=Almost%20a%20decade%20later,%20in%20October%202018,%20Pakistan%E2%80%99s%20supreme%20court#:~:text=Almost%20a%20decade%20later,%20in%20October%202018,%20Pakistan%E2%80%99s%20supreme%20court |access-date=2024-10-07 |website=The Conversation |language=en-US}}

In August 2023, a mob of hundreds of people attacked and burnt Christian houses in Jaranwala in the industrial district of the city of Faisalabad after two members of the minority Christian community were accused of blasphemy. At least 146 people were involved in the attack.

United Nations

Pakistan's support of blasphemy regulation has caused it to be active in the international arena in promoting global limitations on freedom of religion or belief and limitations on freedom of expression. In March 2009, Pakistan presented a resolution to the United Nations Human Rights Council in Geneva that called upon the world to formulate laws against the defamation of religion. See blasphemy.

In December 2019, the United Nations Human Rights OHCHR called blasphemy death sentence for Junaid Hafeez, a lecturer at Bahauddin Zakariya University in Multan, a 'travesty of justice'. A [https://www.ohchr.org/en/press-releases/2019/12/pakistan-blasphemy-death-sentence-junaid-hafeez-travesty-justice-un-experts press release] condemned the sentence. He was arrested in 2013, put under solitary confinement in 2014, and sentenced to death by a district and sessions court in Multan on 21 December 2019.{{Cite web |date=2019-12-27 |title=Pakistan blasphemy death sentence 'travesty of justice', say UN experts {{!}} UN News |url=https://news.un.org/en/story/2019/12/1054361 |access-date=2024-10-07 |website=news.un.org |language=en}}

Internet censorship

{{main|Internet censorship in Pakistan}}

In May 2010, Pakistan blocked access to Facebook because the website hosted a page called Everybody Draw Muhammad Day. Pakistan lifted the block after Facebook prevented access to the page. In June 2010, Pakistan blocked seventeen websites for hosting content that the authorities considered offensive to Muslims. At the same time, Pakistan began to monitor the content of Google, Yahoo, YouTube, Amazon and Bing.{{Cite web |title = Pakistan to monitor Google and Yahoo for 'blasphemy' |work=BBC News |date = 25 June 2010 |url = http://news.bbc.co.uk/2/hi/south_asia/10418643.stm |access-date =21 July 2010}}{{cite web|title=An Assessment of Pakistan's Human Rights Record|url=http://www.ahmerjamilkhan.org/blog/an-assessment-of-pakistans-human-rights-record/|publisher=Ahmer Jamil Khan|access-date=28 February 2013|author=Ahmer Jamil Khan|date=21 February 2013 }}

In January 2021, an Anti-Terrorism Court (ATC) convicted and sentenced three men to death for sharing blasphemous content on social media. A fourth accused in the same case, one Anwaar Ahmed, professor of Urdu language, was sentenced to 10 years imprisonment, along with a fine of Rs 100,000. He had been accused of disseminating controversial, blasphemous views during a lecture at the Islamabad Model College. During the trial, the court did not admit witnesses for the defense because they were blood relatives of the accused.

Public opinion

File:Anti-Pakistani blasphemy law protest, Centenary Square, Bradford (8th November 2014) (cropped).JPG, England (2014)]]

On 19 March 2014, The Nation polled its readers and later reported that 68% of Pakistanis believe the blasphemy law should be repealed.{{cite web|url=http://www.nation.com.pk/E-Paper/lahore/2014-03-19/page-7|title=ePaper & Archives - The Nation|access-date=24 April 2017}} On the other hand, the International Crisis Group reports that {{blockquote|... the Islamic parties are most successful in galvanising street power when the goal is narrowly linked to obstructing reforms to discriminatory religious laws that often provoke sectarian violence and conflict and undermine the rule of law and constitutionalism.{{cite book|title=Islamic Parties in Pakistan Crisis Group Asia Report N°216|date=12 December 2011|publisher=International Crisis Group|page=26|url=http://www.crisisgroup.org/~/media/files/asia/south-asia/pakistan/216%20islamic%20parties%20in%20pakistan.pdf|access-date=15 December 2014}}}}

Pakistani human rights activists say that charges of blasphemy are being used to harass minorities and settle personal conflicts.{{Cite web|url=https://www.npr.org/2014/09/11/347594972/activists-worry-pakistans-blasphemy-law-is-being-abused|title=Activists Worry Pakistan's Blasphemy Law Is Being Abused|website=NPR.org}} Harshil Mehta, South Asia's political observer, has commented that it is "an urgent need to replace these laws" in his article in Outlook.{{cite web | last=Mehta | first=Harshil | title=Pakistan's Blasphemy Law A Weapon of Revenge Used Against Minorities | website=Outlook India | date=2020-08-13 | url=https://www.outlookindia.com/making-a-difference/opinion-pakistans-blasphemy-law-a-weapon-of-revenge-used-against-minorities-news-358572 | access-date=2024-03-29}} If the Islamic Republic, he wrote, "wants to prove itself as a haven for religious freedom, then it must ban these regressive laws".

See also

Notes

{{Reflist|group=Notes}}

References

{{Reflist}}

Further reading

  • Hussain, Adeel. Revenge, Politics and Blasphemy in Pakistan. United Kingdom, Hurst Publishers, 2022.
  • Ashraf, Sana. Finding the Enemy Within: Blasphemy Accusations and Subsequent Violence in Pakistan. Australia, Australian National University Press, 2021.
  • {{cite web|last=Muhammad|first=Nafees|title=Blasphemy Laws in Pakistan A Historical Overview|url=http://www.humanrights.asia/news/ahrc-news/pdf/blasphemylawsinpakistan-anoverview.pdf/at_download/file|publisher=Center for Research and Security Studies (CRSS), Islamabad|access-date=30 May 2013|archive-url=https://web.archive.org/web/20130612233912/http://www.humanrights.asia/news/ahrc-news/pdf/blasphemylawsinpakistan-anoverview.pdf/at_download/file|archive-date=12 June 2013|url-status=dead}}
  • Smith, A. (2007). Colonial Origins of Blasphemy Laws in South Asia: Protecting Religious Sentiments. Cambridge University Press.
  • [http://www.speroforum.com/a/44594/Pakistan-Court-accepts-petition-not-to-change-Islamic-blasphemy-law Court accepts petition not to change Islamic blasphemy law, Aftab Alexander Mughal] {{Webarchive|url=https://web.archive.org/web/20120116142004/http://www.speroforum.com/a/44594/Pakistan-Court-accepts-petition-not-to-change-Islamic-blasphemy-law |date=16 January 2012 }}
  • [https://www.youtube.com/watch?v=Efj4dau9vMo On Pakistani Blasphemy law], Masood Ashraf Raja
  • [http://dynamic.csw.org.uk/article.asp?t=report&id=139 Pakistan: Religious freedom in the shadow of extremism, CSW briefing, 2011]
  • {{usurped|1=[https://web.archive.org/web/20120112001144/http://www.pakistanlaw.net/pakistan-law/blasphemy-laws-pakistan/ Blasphemy Laws in Pakistan]}}
  • [http://www.jesuschristformuslims.com/once-a-blasphemer-always-a-blasphemer-in-pakistan/ Once a blasphemer always a blasphemer]
  • [https://www.voanews.com/a/pakistan-blasphemy-law/3771798.html Pakistan: Murderer Revered for Defending Blasphemy Law]
  • Abbas, Shemeem Burney. Pakistan's Blasphemy Laws: From Islamic Empires to the Taliban. N.p., University of Texas Press, 2013.
  • Pakistan: The Mullahs and the Military. Belgium, ICG, 2003. Page 22

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Pakistan

Pakistan

Category:Censorship in Islam

Category:Islamic extremism

Category:Law about religion in Pakistan

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Category:Persecution by Muslims

Category:Political repression in Pakistan

Category:Religious discrimination in Pakistan

Pakistan