Blasphemy Laws Report

7/29/2019 Blasphemy Laws Report

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TERM REPORT ON BLASPHEMY LAWS IN PAKISTAN

Blasphemy laws inPakistan

A n i n s i d e a b o u t a p p l i c a t i o n

a n d i m p l i c a t i o n s o f

b l a s p h e m y a c t s i n P a k i s t a n

S u b m i t t e d t o M r . A t i f U d d i n

3 0 . 1 1 . 2 0 1 2

Murtaza Moiz Farooqui

SP11-MM-0002


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Term Report on Blasphemy Laws in Pakistan

i

Acknowledgement

First of all, Id like to thank Almighty Allah for giving me the courage on working on this

topic, after that Id like to thank our course instructor, Mr. AtifUddin for providing mewith the opportunity by giving me this Term Report, and time to time guiding me with the

means of improving my work.


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Preface

I took this topic since the actual term blasphemy means a behavior or language that insults

or shows a lack of respect for God or religion , but in Pakistan we have been using thereligion and the law for pe rsonal motives, and for that we have been implicating this law to

oppress the poor and helpless people, and therefore there has been voices raised on

modifying this law.

Thats why I selected this topic to shed light on the actual happenings and the purpose this

law was made, since it is a societal issue and societal issues do affect the functionalities of

business locally.

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Table of ContentsThe constitution ............................................................................................................ 1

The blasphemy laws ...................................................................................................... 1

Sharia ........................................................................................................................... 3

Vigilantism ................................................................................................................... 3

United Nations .............................................................................................................. 4

Internet censorship ........................................................................................................ 4

Selected cases ............................................................................................................... 4


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TERM REPORT ON BLASPHEMY LAWS IN PAKISTAN

1

Introduction

The Pakistan Penal Code prohibits blasphemy against any recognized religion, providing

penalties ranging froma fine to death. An accusation of blasphemy commonly subjects theaccused, police, lawyers, and judges toharassment, threats, and attacks. An accusation is

sometimes the prelude to vigilantism and rioting.

Calls for change in the blasphemy la ws have been strongly resisted by Islamic parties.

Prominent figures like Salman Taseer(the former governor of Punjab) and

ShahbazBhatti(the Federal Ministerfor Minorities) have been assassinated for their

opposition to the blasphemy laws.

The constitution

By its constitution, the official name of Pakistan is the "Islamic Republic of Pakistan."

More than 96% ofPakistan's 167 million citizens (2008) are Muslims. Among countries

with a Muslim majority, Pakistan hasthe strictest anti-blasphemy laws. The first purpose of

those laws is to protect Islamic authority. By theconstitution (Article 2), Islam is the state

religion. By the constitution's Article 31, it is the country's duty tofoster the Islamic way of

life. By Article 33, it is the country's duty to discourage parochial, racial, tribal,sectarian,

and provincial prejudices among the citizens.

The blasphemy laws

Several sections of Pakistan's Criminal Code comprise its blasphemy laws.

295 forbids damaging ordefiling a place of worship or a sacred object.

295-A forbids outraging religious feelings.

295-B forbidsdefiling the Quran.

295-C forbids defaming the Islamic prophet M uhammad.


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Except for 295-C, the provisions of 295 require that an offence be a consequence of the

accused's intent. Defiling the Quran meritsimprisonment for life. Defaming Muhammad

merits death with or without a fine. If acharge is laid under 295-C, the trial must take

place in a Court of Session with a Muslim judge presiding.

298 states:

Whoever, with the deliberate intention of wounding the religious feelings of any person,

utters any wordor makes any sound in the hearing of that person or makes any gesture in

the sight of that person orplaces any object in the sight of that person, shall be punished

with imprisonment of either description fora term which may extend to one year, or with

fine, or with both.

298-A prohibits the use of any derogatory remark or representation in respect of Muslim

holy personages.

298-B and 298-C prohibit the Ahmadiyya from behaving as Muslims behave, calling

themselves Muslims, proselytizing, or "in any manner whatsoever" outraging the religious

feelings of Muslims. Violation of any partof 298 makes the violator liable to

imprisonment for up to three years and liable also to a fine.

Between 1986 and 2007, Pakistani a uthorities charged 647 people with blasphemy offences.

Fifty percent ofthese were non-Muslims, who represent only 3% of the national population.

No judicial execution forblasphemy has ever occurred in Pakistan, but 20 of those charged

were murdered. By 2010, the totalnumber of people charged under these laws had grown to

about 1274.

The only law that may be useful in countering misuse of the Blasphemy law is PPC 153 A

(a), whoever bywords, either spoken or written, or by signs, or by visible representations

or otherwise, promotes or incites, orattempts to promote or incite, on grounds of religion,

race, place of birth, residence, language, caste orcommunity or any other ground

whatsoever, disharmony or feelings of enmity, hatred or ill-will betweendifferent religious,

racial, language or regional groups or castes or communities shall be fined and

punishedwith imprisonment for a term that may extend to five years.


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On 12 January 2011, Prime Minister of Pakistan YousufRazaGilani once again said that

there would be noamendments to the blasphemy law.

Sharia

The Federal Shariat Court (FSC) is a religious body which rules on whether any particular

law is repugnant tothe injunctions of Islam. If a law is repugnant to Islam, " the President in

the case of a law with respect to amatter in the Federal Legislative List or the Concurrent

Legislative List, or the Governor in the case of a lawwith respect to a matter not

enumerated in either of those Lists, shall take steps to amend the law so as to bringsuch

law or provision into conformity with the Injunctions of Islam" (Constitution, Article

203D). In October1990, the FSC ruled that 295-C was repugnant to Islam by permitting

life imprisonment as an alternative to adeath sentence. The Court said "the penalty for

contempt of the Holy Prophet ... is death." The FSC ruledthat, if the President did not take

action to amend the law before 30 April 1991, then 295-C would standamended by its

ruling.

Promptly after the FSC's ruling in 1990, Bishop Dani L. Tasleem filed an appeal in the

Supreme Court ofPakistan, which has the power to overrule the FSC. In April 2009, the

Shariat Appellate Bench of the SupremeCourt considered the appeal. Deputy Attorney-

General Agha Tariq Mehmood, who represented the federalgovernment, said that the

Shariat Appellate Bench dismissed the appeal beca use the appellant did not pursue it.

The appellant did not present any argument on the appeal because the appellant, according

to reports, was nolonger alive. Consequently, it appears to be the law in Pakistan that

persons convicted under 295-C must besentenced to death with or without a fine.

Vigilantism

Those who are accused of blasphemy may be subject to harassment, threats, and attacks.

Police, lawyers, andjudges may also be subject to harassment, threats, and attacks when

blasphemy is an issue. Thoseaccused of blasphemy are subject to immediate incarceration,

and most accused are denied bail to forestall mobviolence. It is common for those accused

of blasphemy to be put in solitary confinement for theirprotection from other inmates and


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guards. Like those who have served a sentence for blasphemy, those who areacquitted of

blasphemy usually go into hiding or leave Pakistan.

United Nations

Pakistan's opposition to blasphemy has caused Pakistan to be active in the international

arena in promotingglobal 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 which calls upon theworld to formulate laws

against the defamation of religion.

Internet censorship

In May 2010, Pakistan blocked access to Facebook because the website hosted a page

called Everybody DrawMuhammad Day. Pakistan lifted the block after Facebook prevented

access to the page. In June 2010, Pakistanblocked seventeen websites for hosting content

that the authorities considered offensive to Muslims. At thesame time, Pakistan began to

monitor the content ofGoogle, Yahoo, YouTube, Amazon, MSN, Hotmail, andBing .

Selected cases

RimshaMasih(some reports use the name "Rifta" or "Riftah") is a Pakistani child who was

arrested inIslamabad by Pakistani police in August 2012 and who could face the death

penalty for blasphemyfor allegedly desecrating pages of the Quran (or a book containing

verses from the Quran) by burning. She is a member of Pakistan's Christian minority.

On 12 December 2011, a teacher ShahidNadeem in the missionary school of Faisalabad

accused by QariMuhammad Afzal(who is a member of Lashkar-e-Jhangvi which is a

banned organisation) registered FIRon 28 December 2011 in the local police station and

said that culprit had deliberately torn the pages of Quran and later burn these pages.

On 2 March 2011 ShahbazBhatti, Pakistan's Federal Minister for Minorities Affairs (a

Roman Cathol icme mber of the Nati onal Assembly ), was killed by gunmen in Islamabad as

he was travelling to work, afew weeks after he had vowed to defy death threats over his

efforts to reform Pakistan's blasphemylaws.


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In November 2010, Asia Bibi was sentenced to death by hanging on a charge of blasphemy;

the case thathas yet to be upheld by the Lahore High Court has sparked international

reactions. Punjab GovernorSalman Taseer was shot dead by his security guard for

supporting Asia Bibi. Salman Taseer had visitedAsia Bibi in Jail and had held a press

conference with her. He had told media that Asia Bibi will bereleased soon and the

President of Pakistan will soon annul her death sentence. This triggered massprotests in

Pakistan with many imams of local mosques claiming that Salman Taseer had

defiedMohammed and should be sentenced to death for it. Taseer was later assassinated in

early 2011.

In July 2010, a trader in Faisalabad complained that one of his employees had been handed

a pamphletwhich contained disrespectful remarks about Muhammad. According to the

police, the pamphlet appearedto have the signatures and addresses of Pastor Rashid

Emmanuel and his brother Sajid, who wereChristians. The brothers were shot and killed

while being escorted by the police from a district court.

Both had denied the charge of blasphemy. Allama Ahmed MianHammadi, a Pakistani

Muslim cleric,claimed that ShahbazBhatti, Pakistan's Federal Minister for Minorities, had

himself committedblasphemy by branding the murdered Christian brothers as victims of

Pakistan's blasphemy laws.

On 9 July 2009, a FIR was registered against two teenager brothers, complainant falsely

accusing themthat they had spoken against Prophet Mohammad and this family had to left

the country for their safety. On30 July 2009, hundreds of members of Sipah-e-Sahaba and

International Khatm-e-Nabuwat 'IKNM' thebanned Muslim organizations, torched the

Christian homes and killed Christians in the Punjabi city ofGojra Faisalabad and in the

nearby village of Korian, District Fa isalabad. The professed reason for theviolence was that

a Christian had defiled and spoke against Pr ophet Mohammad.Quran.

On 22 January 2009, Hector Aleem a Christian Human Rights Activist in Pakistan was

arrested on ablasphemy charge. According to the FIR, someone sent a blasphemous text

message to the leader ofSunni Tehreek. Hector Aleem was arrested because the sender had

once contacted him. Hector Aleem, theChairman of Peace Worldwide, had been working for

a church in Islamabad which was demolished by theCDA (Capital Development Authority)


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for having been built illegally. When Hector Aleem objected tothe destruction of the

church he was faced with several threats and lawsuits ranging from fraud tocriminal

charges. He fought all of them in the courts and proved his innocence. He also faced

severalassassination attempts. Hector Aleem was eventually arrested on the charge of

blasphemy.

In February 2008, Special Rapporteurs of the United Nations Human Rights Council

reminded Pakistan'srepresentative of the matter regarding Raja Fiaz, Muhammad Bilal,

NazarZakirHussain, QaziFarooq,Muhammad Rafique, Muhammad Saddique and

GhulamHussain. According to the allegations received,the men were members of the Mehdi

Foundation International (MFI), a multi-faith institution utilizing thename of Riaz Ahmed

GoharShahi. They were arrested on 23 December 2005 in Wapda Town. The

policeconfiscated posters on which GoharShahi was shown as "Imam Mehdi." On 13 July

2006, theAnti-Terrorism Court No. 1 in Lahore sentenced each accused to five years of

imprisonment, inter alia,under 295-A for ha ving outraged others' religious feelings. Since

27 August 2006, the seven men havebeen detained in Sahiwal Ja il, Punjab, where they were

forced to parade naked, and were suspended fromthe ceiling and beaten. For this reason,

they were constantly threatened and intimidated by prison staff aswell as by other

detainees.

Christians and Muslims in Pakistan condemned Dan Brown's novel The Da Vinci Code as

blasphemous.

On 3 June 2006, Pakistan banned the film. Culture Minister Ghulam Jamal said: "Islam

teaches us torespect all the prophets of God Almighty and degradation of any prophet is

tantamount to defamation ofthe rest."

On 11 August 2005, Judge Arshad Noor Khan of the Anti-Terrorist Court found

YounusShaikh guilty ofdefiling a copy of the Quran, outraging religious feelings, and

propagating religious hatred amongsociety. Shaikh's conviction occurred because he wrote

a book: ShaitanMaulvi (Satanic Cleric). Thebook said stoning to death (Rajam) as a

punishment for adultery was not mentioned in the Quran. Thebook said also that four

historical imams (religious leaders) were Jews. The judge imposed uponShaikh a fine of

100,000 rupees, and sentenced him to s pend his life in jail.


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In October 2000, Pakistani authorities charged Dr. M. YounusShaikh M.D., a physician,

with blasphemyon account of remarks that students claimed he made during a lecture. The

students alleged that, interalia, Shaikh had said Muhammad's parents were non-Muslims

because they died before Islam existed. Ajudge ordered that Shaikh pay a fine of 100,000

rupees, and that he be hanged.[31] On 20 November 2003,a court retried the matter and

acquitted Shaikh, who fled Pakistan for Switzerland soon thereafter.

The police arrested AyubMasih, a Pakistani Christian bricklayer for blasphemy on 14

October 1996 andjailed him for violation of 295-C. Muhammad Akram, a Muslim

neighbour to Masih, complained to thepolice that Masih had said Christianity was right,

and Masih had recommended that Akram read SalmanRushdie's Satanic Verses. The same

day that Masih was arrested, Muslim villagers forced the entireChristian population of

Masih's village (fourteen families) to leave the village. Masih's family had appliedunder a

government program that gave housing plots to landless people. Local landlords resented

Masih'sapplication because the landlords had been able to oblige landless Christians to

work in the fields inexchange for a place to live. Masih's application gave him a way out of

his subservience to thelandlords. Upon Masih's arrest, the authorities gave Masih's plot to

Akram. Akram shot and injuredMasih in the halls of the Session Court at Sahiwal on 6

November 1997. Four assailants attacked Masihin jail. The authorities took no action

against Akram or against the other assailants.

On 20 April 1998,Judge Abdul Khan sentenced Masih to death and levied a fine of 100,000

rupees. Two judges of theLahore High Court heard Masih's appeal on 24 July 2001. Shortly

thereafter, the judges affirmed thejudgment of the trial court.

On 16 August 2002, the Supreme Court of Pakistan set aside the judgmentof the lower

courts. The Supreme Court noted Akram's acquisition of Masih's property and concluded

thecase had been fabricated for personal gain. The court also noted other breaches in the

law of due process.


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Conclusion

In short we can easily say that this law was made on good omen but due to some loopholes

in this law which was meant for safeguarding the Islamic Values within the Pakistaniborder, instead it has been used to oppress the weaker opponents and the minorities living

in Pakistan. In context of above mentioned cases, I can say that this omen has been

replaced with extremism and such aspects which are not part of Islam itself.

I am not saying to get rid of Blasphemy Law but to improve it so that the purpose this law

was made can be assured on higher levels, since there have been instances where some

extreme forces used this law to oppress the minorities under them, to show their power, and

for such acts, there should be some steps taken which would avoid such things happen

again in future, since because of such happenings, the harmony between the majority and

minority population has been under a great friction, and when there are such events

happening on succession, businessmen tend to avoid investing in that country, since

business activities are dependent upon societal norms, and when there are such

circumstances in society that anything can erupt endless belief riots, business-persons

would try to stay away from the conurbation.

Therefore what I personally feel is that loopholes prevailing in this law should be

overcome, and should be made sync with current times, so that people can easily apply it in

their own lives, without fearing for happenings like someone might bring a policemen with

them citing defaming the religion etc. and therefore I personally feel Federal Sharia Court

should take strict action on misusing this law so that in future none should dare to take

such actions.

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Blasphemy Laws Report

Documents

Transcript of Blasphemy Laws Report