An interesting point of law comes to the fore when we have to find the real culprit of a crime. For example if A kills B, will it be a murder? Not necessarily, as it would depend upon the intent factor, also called mens rea in the legal jargon. Does it matter? Yes, immensely.
If A had the intent of killing B, then A murdered B and might expect a noose around his neck. But if A lacked the intention of killing B, then it was manslaughter, in which case A might expect a few years behind the bars. So the element of intent counts immensely.
The law of blasphemy does not factor in the intent element and that is what is precisely wrong with this law which needs to be reformed. However, the law does not need to be abolished. The government should advocate its case along these lines to the general public, and not only to the mullahs, who feel gratified pouncing upon the oppressed and the helpless in our society.
TAIMOOR ASHRAF
Lahore
