Introduction:
There are very few laws in Pakistan that evoke as much controversy as blasphemy laws in Pakistan. These laws are covered in chapter 15 of Pakistan Penal Code titled as “Offences related to religion”. Blasphemy is treated as a horrible sin but what exactly is blasphemy? Is someone entitled to death when he has committed blasphemy?
The word blasphemy is derived from Greek word Blasphemia which many scholars believe is made of two words bapto (meaning: to injure) and pheme (meaning: to speak). The word therefore means “injurious speech”. Blasphemy therefore can be defined as the act of insulting, speaking ill, or showing disrespect to religion, holy book or holy deities. The purpose of blasphemy laws is to protect the religious beliefs of people.
Historical Overview of Blasphemy laws in Pakistan:
Blasphemy laws in Pakistan can traced back to Indian Penal Code enacted by the British Government in 1860 merely to avoid violence between different religious communities. Pakistan adopted some of these laws with few amendments later made in terms of punishment. Until the late 1970s, blasphemy laws were very rare. However, a major turning point came under the rule of military dictator General Zia ul Haq who sought to Islamize the state of Pakistan for his own ideological gains. General Zia ul Haq introduced sec 295-B (Desecration of Holy Quran) and sec 295-C (Use of Derogatory remarks about Holy Prophet PBUH) in Pakistan Penal Code in 1982 and 1986 respectively.
Blasphemy laws before and during Zia ul Haq Regime:
I am not even exaggerating when I say there were only a handful of blasphemy cases from 1947 to 1977. However, after the enactment of these new laws in 1977, 80 cases of blasphemy were reported. As stated above these laws were meant to protect communal violence between different religious communities. However, under the regime of Zia these laws were used to assert Muslim identity. Similarly, before 1977 the laws equally applied to all. However, after 1977, the laws according to some scholars, began to support and impose Sunni Islamic interpretations. Similarly, before 1977, punishments for blasphemy were only limited to 1 to 3 years of imprisonment or fine. Later, under Zia ul Haq rule, life imprisonment and death penalty were introduced as punishments for blasphemy. Mob lynching of someone committing blasphemy was very rare before 1977 but became common after the enactment of these new laws. The evil of mob lynching still haunts our society, and it will also be discussed in the case studies.
Case Study
Asia Bibi v The State (2018 SCMR 295)
Facts of the case:
The facts of the case are that on 14th June 2009 Asia Bibi was accused of uttering derogatory remarks against the Holy Prophet SAW and Holy Quran while she was plucking falsa with other ladies in fields of a person named Muhammad Idrees in village Ittanwali, District Nankana, in Punjab. Two Muslim ladies named Asma Bibi and Mafia Bibi narrated this incidence to a local cleric named Qari Muhammad Salam, who was not present there at the time of occurrence. Later he called Asia Bibi in front of a public gathering where she according to Qari Muhammad Salam confessed his sin. An FIR was registered on the same day in the local police station under sec 295-C of Pakistan Penal Code. The prosecution’s case was essentially based on the statements of the eyewitnesses and the alleged extra-judicial confession. Asia Bibi, however, denied the allegations. In the statement under section 342 of the Code of Criminal Procedure 1898 (‘CrPC’), she stated, “…I have great respect and honor to the Holy Prophet (PBUH) as well as Holy Quran and since police have conspired with the complainant, so, the police have falsely booked me in this case….”
The trial court convicted Asia Bibi under section 295-C of the PPC and sentenced her to death with a fine of Rs.1,00,000. In default of the payment thereof she was liable to undergo simple imprisonment for a period of six months. Asia Bibi appealed against her conviction before the LHC, which dismissed this appeal, vide judgment dated 16 October 2014. In appeal against this judgment, the SC reappraised the evidence on the record and acquitted Asia Bibi after finding her innocent because the prosecution failed to prove the guilt beyond a reasonable doubt.
Regarding the extra judicial confession, the supreme court felt that it was a fragile piece of evidence. Similarly, another question arises whether the confession was taken forcefully in front of a public gathering.
Public Backlash:
However, this decision faced extreme backlash by the public especially from the members of religious political party named Tehreek e Labaik Pakistan, who accused the judges as blasphemers as well. They called for the removal of judges involved in this case. Asia Bibi and judges of Supreme Court continuously faced death threats. Asia Bibi’s name was put in ECL as well.
Assassination of Salman Taseer
Facts of the case:
Salman Taseer was one of the high-profile politicians and was Governor of Punjab at the times of his murder by his bodyguard Mumtaz Qadri. In late 2010 he visited Asia Bibi in prison and called for presidential pardon. He publicly opposed and criticized sec 295-C of PPC and referred to this as a black law. He said he was not against this law and was not by any means disrespecting the Holy Prophet, but he believed this law needs to be reformed because in its current form it can easily be misused.
On January 4, 2011, Salman Taseer while exiting a restaurant was shot 27 times by his own security guard Mumtaz Qadri. Mr. Qadri immediately surrendered and claimed that he had performed his religious duty by killing an apostate and a blasphemer.
In 2011, he was convicted of:
- Murder under Section 302 PPC
- Terrorism under Section 7 of the Anti-Terrorism Act, 1997
The Supreme Court, while deciding this case, looked into various matters whether the deceased had committed blasphemy or not? Even if he had committed blasphemy does it give Mumtaz Qadri the right to murder Salman?
The court found out that since Mr. Salman was not charged with blasphemy by any competent authority, he was by no means an apostate or a blasphemer. Similarly, Mr. Qadri took the law in his own hands and murdered an innocent individual.
Mr. Qadri was hanged on Feb 29, 2016, in Adiala Jail, Rawalpindi.
Public Backlash:
This decision also faced harsh reactions from the public. Nation wide protests were held in his favor. He was hailed as a national hero or a Ghazi by religious and Islamist groups like Tehreek e Labaik Pakistan. His funeral in held in Rawalpindi was attended by some 100,000 people.
Critical Analysis
Blasphemy laws, initially introduced to avoid communal violence, are now unfortunately highly politicized and are misused by the public. They include the harshest penalties such as mandatory death sentence, yet they lack basic procedural safeguards such as requirement of intent and protection of the accused against false allegations.
Asia Bibi’s case exposed the structural weaknesses of our criminal justice system where she was given death sentence by the lower courts merely based on a verbal testimony and allegedly an extra judicial confession. The assassination of Salman Taseer showcased an even darker reality where people like him who talk about reforms are considered blasphemers and while people like Mumtaz Qadri are hailed as religious and national heroes.
Unfortunately, this law is widely misused for personal vendetta and most of the cases are constituted against religious minorities. People are often murdered by a mob before trial. Even an acquittal does not guarantee freedom. Judges are threatened. The life of accused becomes a living hell as he is viewed by the society as a sinner.
Reforms
In my opinion the following reforms are necessary and should be immediately made
- Intent Requirement: Sec 295-C of PPC should be amended to include the requirement of intent or malicious intent. Courts need to distinguish between deliberately committing blasphemy and accidental or misunderstood speech.
- Protection against false accusations: Any person who falsely and maliciously accuses another person of committing blasphemy should be punished under PPC.
- De-politicize the law: The cases related to blasphemy should be politicized. Anyone giving death threats to the accused or the judges should be punished. Similarly at the same time any group advocating mob lynching should be strictly punished. People involved in mob lynching should be given exemplary punishments.
- Awareness: Educational and awareness campaigns should be launched. Schools should teach that Islam preaches peace and tolerance. Media should also play its role in educating people.
Summary
Laws meant to protect religion should not be misused to the extent that they become the tools to destroy justice. Pakistan should be a state where people should be able to live freely and express their opinions freely. It should be a state that protects religious minorities. The laws related to blasphemy need to be reviewed and reformed.
Written by Emaz Ali
GCUL Institute Ambassador at Youth Advocacy Forum