Ineffective yet deadly

Blasphemy laws in Pakistan

The blasphemy law in Pakistan has so far proved to be ineffective, yet strangely it has proven to be instrumental in extrajudicial killings of many a citizen. What is the solution for this religious intolerance in Pakistan? Why is religion used or misused by the followers of Islamic code? What remedy is being provided to the victims of false accusations of blasphemy? The aforementioned issues are hard to address, much less offered a solution with.

The Pakistan Penal Code, 1860, through its section 295 provides variety of punishments including capital punishment for blasphemy. As per section 295-B, “Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur’an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.” Similarly, as per section 295-C, “Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.” Both these sections clearly use the word “willingly” which can only be interpreted as intentional act to tarnish the religious feelings of Muslims.

In 2009, Asia Bibi, a 30-year-old Christian woman in village Ittan Wali, Sheikhupura, was charged with blasphemy for allegedly passing derogatory remarks against the Prophet (PBUH). The accused was granted capital punishment by the Sessions Court and the issue got worldwide attention being the first such case of capital punishment for a female on grounds of blasphemy. The remarks passed by then Governor Salmaan Taseer on the issue of blasphemy resulted in his sad demise at the hands of his own security guard. Shahbaz Bhatti, federal minister of minority affairs, got assassinated as a result of the same cause against blasphemy. The evidence provided in Asia Bibi case has raised many eyebrows and is considered a bad precedent in many legal circles.

In August 2012, Rimsha Masih, a minor Christian girl from Mehrabadi, Islamabad, was arrested by police on charges of blasphemy for allegedly burning the pages of Quran. The issue also got worldwide attention due to its continuous twists and turns and the involvement of Imam in allegedly creating false grounds of blasphemy further heightened the inter-communal tension in Pakistan. However, Rimsha was released on bail and is living in an undisclosed location with her other family members.

In December 2012, an unknown man was beaten to death and then his corpse was burnt by the angry mob in Sita village of Dadu district. The accused was held up in village police station where he was kept under the allegations of allegedly burning the copies of Quran in a mosque. Angry mob attacked the police station and took the accused into town streets. He was beaten by sticks, stones and other available armoury. After his death, people spat on his corpse and then later, to their satisfaction, they burnt his dead body to prove their love for God and the Holy Book.

As per Islamic teachings, both Quran and Sunnah require Muslims to observe tolerance, forbearance. All the Muslims are required to follow the due process of law before punishing any man or woman for committing any such acts. The concept of Hadd and Tazir has been clearly outlined in the Holy Book, yet the followers of the very Book forget what it says. The whole concept of Islamic punishments in Pakistani society is based on partial learning of Quranic teachings by Imams and other religious teachers. However, the cases of blasphemy in Pakistan mostly end up violently. The accused rarely get to pass through the due process of law as it happened in the recently decided Barkat Masih case. Barkat Masih, a 56-year-old Christian, was falsely charged with the allegations of blasphemy after his refusal to hand over duplicate keys of a shrine where he used to work. However, there is no guarantee to the life of Barkat in such hostile environment.

Recent years have seen an increase in the number of reported cases of deaths of numerous Pakistani citizens belonging to different religions, including Islam, on charges of blasphemy. Some were declared wajib-ul-qatl by fanatics and some suffered the wrath of angry mobs charged with the love of Islam. There is no indication under Pakistani law for providing punishments to the people who instigate, incite the religious feelings of people in the society and use religion as a tool to their benefit. Pakistani society is divided into sects, sub-sects and so on. There are groups have no tolerance for the people of other groups, sects, religion. They are working under the narrative of jihad against the forces of Kuffaar. They will keep killing in this religiously hostile society unless and until the state recognises its role and starts realising the fact that the survival of Pakistan relies on developing an environment of tolerance where the opinions and religions of others are respected.

So far our ignorance on the issue of blasphemy has resulted in the abuse of this law. The laws are ineffective without due process being followed. Punishment against blasphemy must be ensured but only after following the complete procedure outlined under both Islamic and Common Law. Such punishments won’t be condemned. The real enemies of Pakistan are within, using religion as a cover. The survival of Pakistan is at stake. The state has to perform its role.

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