Deceitful use of blasphemous laws and protection

of minorities against forced conversion with

respect to the Constitution of Pakistan and the
prevailing volatile conditions.

AIMAN NOMAN
AMNA ADNAN KHAWAJA
GHAZAAL KHAN
SEMESTER-7
PPC-1
 INTRODUCTION:
According to the islamic laws and beliefs blasphemy means to ridicule one’s religion/ religious personalities by using
offensive words, statements against them but unlike other religions including christianity or buddhism there is no strict
kind of punishment for such crimes. As the verse 108 of Surah Al-An'am states;
“Revile not ye those whom they call upon besides Allah lest they out of spite revile Allah in their ignorance. Thus
have We made alluring to each people its own doings. In the end will they return to their Lord and We shall then tell
them the truth of all that they did”
as per the translation of Maulana Yusuf Ali.
THE BIRTH OF BLACK LAW: ORIGIN OF BLASPHEMY LAWS

During the 1860’s the subcontinent being ruled by the british repealed the blasphemy laws which were mostly the
work of muslim rulers. But after India became a part of the British empire it introduced the Indian Penal code of
1860 which was to be followed by Pakistan, India and Bangladesh. Indian government
introduced many provisions including section 295,
section 153A, section 296 (disturbing religious
ceremonies), section 297 (trespassing the places
of burial) and section 298 (intentionally insulting
an individual's religious feelings.)
ISLAMIZATION:
During the wave of islamization Pakistan became one of the countries with strict
blasphemy laws. Different amendment were made to the laws of blasphemy
where life imprisonment was added as a punishment under section 295B and
section 295C was added which included death penalty for those who defamed
Prophet (PBUH). In 1992 the government of Nawaz Sharif removed the
punishment of life imprisonment from section 295C making it only liable to the
death sentence which made blasphemy laws more strict.
DECEITFUL USE OF BLASPHEMY LAWS IN PAKISTAN:
The major reason for misuse of blasphemy laws in Pakistan is the inability of sections to clearly deliver the purpose
of the laws which have been introduced. The main problem lies with the people who try to take these laws into their
hands based on their own interpretations about Islam. Another reason for the mishandling of the laws is that the law
does not require the submission of proof
related to the accused, instead oral testimony
of only a few witnesses is deemed necessary.
Not only this but many minorities like
ahmadis, christians and even unorthodox
sunni muslims have also been targeted.
Sometimes, the police directly arrest a
criminal without any court orders and in
doing so any innocent person can be sentenced
to death.
ASIA BIBI CASE: A LANDMARK CASE
The facts of the asia bibi case are that on 15th june 2009, Asia bibi had been involved in a
heated argument with two women and was alleged to utter derogatory remarks against Holy
Prophet (PBUH) and the Holy Quran, while she was in the fields plucking the falsa in the
District of Nankana. The two women who were in an argument named Asma bibi and Mafia bibi
reported the incident to the complainant Muhammad Salaam who later after the delay of 5 days
filed an FIR against Asia bibi under section 295C of the Pakistan Penal Code. He also stated that
Asia bibi confessed her guilt in a public gathering. The trial court convicted her and she
appealed to the LHC but to no avail. After some time she appealed to the SC and was granted
acquittal
 Abuse of blasphemy laws in the Asia Masih Case:

The supreme court of Pakistan had referred to the Quran and

Sunnah in the landmark judgment of the Asia Masih Case.
Further, the supreme court interpreted the blasphemy laws in
detail in the judgement with the conclusion that only the state
has the power and authority to decide upon the cases of
blasphemy. The Supreme court also highlights the wrongful
use of blasphemy laws in the judgment. However, it did not
ponder upon the safeguards that must be present to protect
the minorities. Moreover, the court also emphasised on how
the prosecution used false evidence in blasphemy cases
against minorities but does not provide punishment for such
individuals.
SHAHBAZ BHATTI CASE:
Shahbaz bhatti was the only christrian in the Pakistan’s cabinet was shot dead by the
Taliban because he was the critic of Pakistan blasphemy laws. The assassins killed
him brutally by firing 25 bullets on his body and calling him a Christian Infide. Bhatti
also joined Salman Taseer to help Asia Bibi get a presidential pardon. Bhatti in the
times magazine satiated that he has predicted his death while saying,
“This law is misused. Many people are facing death threats and problems. They
are in prison and are being killed extra-judicially.”
PROTECTION OF MINORITIES UNDER CONSTITUTION
OF PAKISTAN

● Pakistan was established on the basis of the Islamic Ideology.

● Mohammad Ali Jinnah clearly declared that non-Muslims would be equal
citizens in the new country and that every person living in the country was an
equal citizen irrespective of his or her community, caste, color or faith.
● By inserting the Objectives Resolution in the Constitution, it was confirmed that
the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam shall be fully observed in Pakistan.
CONSTITUTIONAL PROVISIONS RELATED TO
FREEDOM OF SPEECH AND RELIGION

1. Equality of all citizens before law.

2. Equal protection of all citizens before law.
3. No discrimination on the basis of religion, race, caste, sex, or place of birth.
4. The right to induction in the services of the state.
5. Freedom of speech, conscience, expression, association, profession, occupation, trade, or business.
6. Every community would be allowed to provide religious instructions to the pupils of its own community and
personal law of every community was guaranteed.
7. No person would be compelled to pay any special taxes for the propagation of any religion other than his.
8. No discrimination against any community in the matter of exemption from or concession in taxes granted with
respect to religious institutions.
9. No discrimination in admission to educational institutions
FORCED CONVERSIONS IN PAKISTAN
● A report released by a Pakistani think-tank has debunked claims of several international
and domestic NGOs that the minority community in the country was being forced to
convert to Islam.
● Citing a recent report authored by a Christian scholar, Asif Aqeel, the think-tank
maintained that “the data shows that the issue of forced conversion and marriage is much
more complex than headlines in the media,” which had claimed that nearly 1,000 Hindu
and Christian girls are being kidnapped, forcibly converted
and married annually in Pakistan.
ARZOO MASIH CASE
● A teenage Christian girl names Arzoo Masih was kidnapped and forced to marry her
Muslim abductor in Karachi according to her family. On Oct. 15, the police
summoned the family to the station where they were given marriage papers which
claimed Arzoo was 18 and had willingly converted to Islam after marrying Ali Azhar,
a local Muslim. However, according to her B-form she is only 13 years old, and is too
young to be married according to the law of Pakistan. A judicial magistrate granted
bail to Azhar's brothers and friend, while the SHC restrained the police from arresting
Azhar himself.
● In March this year, the Human Rights Commission of Pakistan, called on the Sindh
provincial government to make the forced conversion of minority girls illegal.
HOW ISLAMIC ARE THE BLASPHEMY LAWS IN
PAKISTAN?
An ulema belonging to the Hanafi school of thought had raised this point in the 19th
century, but was attacked from the Ahl-e-Hadith. They presented a fatwa endorsed by 450
scholars that shows that killing is not permissible unless adat (habituality) and kasrat (high
frequency) of offenses are established. The Ahl-e-Hadith, in challenging the Hanafi
position on blasphemy presented a compilation of Hadith which supposedly showed that
blasphemous offenders (including non-Muslims) were in fact killed, and that therefore the
Hanafi ruling was erroneous in this regard. In the rebuttal, the fatwa pointed to an
important flaw in the Ahle-Hadith argument — that the Ahadith thus presented all
pertained to cases of repeat or habitual offenders.
PERSECUTION OF RELIGIOUS MINORITIES IN
PAKISTAN
The Constitution Of Pakistan ensures “fundamental rights” inclusive of freedom of expression, right to life,
economic and political justice, freedom of association and religion to all the citizens of Pakistan without any
prejudice to gender, caste, religion. Pakistan is home to over 200 million of population from diverse cultures,
ethnicity, religion and sects. Pakistan was created on the foundations of a deemocratic nation that ensure that,
“everyone has the right to take part in the government of his country, directly or indirectly or through freely chosen
representatives”
Jinnah’s Pakistan was the true representation of Pakistan being a democratic nation when he appointed Sir Zafarullah
Chaudhry who was the author of Lahore Resolution 1940 as the First Foreign Secretary, he was an Ahmadi.
However, the Pakistan that Jinnah visioned has changed drastically with the intolerance and persecution of religious
minorities today.
 Religious Minorities
Pakistan is homogenous with 96% population of Muslims and 3%
primarily consists of Ahmadis, Christains and Hindus. While Pakistan
was created to have a safe homeland for the muslims to practice and
preach their religion without any fear, every citizen of Pakistan was
also ensured their fundamental right to practice and preach their own
religion. The Constitution of Pakistan has a very strict language with
respect to the blasphemy laws. Often times the victim is not subject to Human Rights Watch have asked Pakistan to repeal laws that
the judicial execution but mob lynching and murders are justified on are discriminatory towards religious minorities including the
the grounds of blasphemy. People such as Mirza Mubarak Ahmed and banning of capital punishment. Moreover, Gen. Zia ul-Haq
Rimsha Masih were persecuted on alleged charges of blasphemy. excluded the expression ‘freely’ from the Objectives
Resolution to Islamicize the nation. The clause originally read,
“Wherein adequate provision shall be made for the minorities
to ‘freely’ profess and practice their religions and develop
their culture
AHMADI COMMUNITY
The Ahmadiyya community makes up to 1.5% of the population of Pakistan. While the vision of Muhammad Ali Jinnah was that every
citizen shall have the right to vote, pakistan has failed to provide Ahmadis the universal right to vote. By the eighth amendment to the
1973 Constitution in 1985 a separate electoral list for all religious minorities was introduced. In the course of the 2008 elections,
registered voters were required to sign a certificate denying the authenticity of the holy founder of the Ahmadiyya community. Since the
Ahmadis refused to sign the certificate,“they were thus de facto denied their right to vote”.

2010 Lahore Attacks

On 28 May, 2010 two mosques of the Ahmadi community were attacked by the Punjabi Taliban group. More than 90 people lost their
lives and 108 were severely injured. One of the attackers was killed and the other was captured by the people. Three days later at Lahore
Jinnah Hospital three militants attacked the ICU where victims and onee of the attackers were under treatment. The attack resulted in
numerous casualties mostly of the police officers and the hospital staff. The government failed to provide protection to the Ahmadi
community.
As of 28 May 2013 the two attackers captured had not been
prosecuted, but early in 2015 courts took up the case and
proceeded with sentencing. On 31 May 2010, an Ahmadi was
stabbed to death and his son seriously injured. The son later
died in hospital from serious wounds. The attacker escaped.
Residents say that the assailant threatened to not leave any
Ahmadi alive after having found motivation to kill them through
a sermon given by a local Sunni cleric.
CHRISTIANS AND HINDUS
Christians and Hindus are also vulnerable to persecution under the blasphemy laws although there aren’t other
specific legal provisions that target Christians or Hindus, as is the case with Ahmadis. Many individuals mete out
punishments towards members of these religious communities based on desecration of the Holy Quran or a
blasphemous comment allegedly directed at the Prophet. Whether these allegations have any credibility cannot be
determined as most of these incidents are ‘settled’ outside of court.
 GOJRA RIOTS
The deadly attacks were triggered by alleged reports of desecration of the Quran.
The attacks were triggered by reports of desecration of the Holy Quran. It was reported that Mukhtar Maseeh, Talib Maseeh and his son
Imran Maseeh had desecrated the papers inscribed with Qur'an verses at a wedding ceremony. Forty houses and a Church were set on fire.
Most of the houses were burnt by youths who had their faces covered with veils. The victims were all burnt alive. 18 others were injured.
According to Rafiq Masih, a resident of the predominantly Christian colony “They were shouting anti-Christian slogans and attacked our
houses.” Residents said that the police stood asid.”
POLITICISATION OF RELIGION IN PAKISTAN
For decades Pakistan has been predominantly ruled by the political elite of Sunni sect. The have constantly used
Islam as their political agenda to bring Islamists to the center of Pakistan as a state. The very first major victim of
this sectarianism was Jinnah himself. Being a Shia Muslim he was given two separate funerals. One of these was
held privately following shia rituals and the other was held publicly for the sunnis and was according to the sunni
rituals. “The two funerals symbolized not an expression of religious tolerance, but a political choice to appropriate
Jinnah to the dominant Sunni strain of Islam,” argues Ravi Kalia in his book “ Pakistan: from the Rhetoric of
Democracy to the Rise of Militancy.”
Pakistan banned non-Muslims from acquiring high political positions such as president since 1956 and Prime
Minister since 1973. In 1974 the state declared Ahmadis as non-Muslims to exclude them from mainstream politics.
Political parties in Pakistan have been playing religious monopoly for their own political gain and for votes from the
religious groups.
 Salman Taseer Case
On January 4, 2011 Salman Taseer, Punjab Governor of the time was gunned down by one of
his bodyguards. The killing has its roots in another
infamous case of Asia bibi. Asia Bibi was charged
with blasphemy, this case showed the bigotry, extremism
and fanaticism in Pakistan which started from something
as trivial as offering a glass of water. Salman Taseer who was
rather a very vocal politician with a secular mindset openly
supported Asia bibi in her innocence and was seeking the
President's pardon for her. He was shot down by Mumtaz Qadri
who later became a hero for all the sunni mullahs and religious extremists. The next day, hundreds of people turned up for his funeral in
Lahore in spite of denunciations by some Sunni clerics and religious scholars against mourning Taseer
Mumtaz Qadri threw his weapon down and put his hands up when one of his colleagues aimed at him. After the murder, more than 500
clerics voiced support for the crime and urged a general boycott of Taseer's funeral. Supporters of Mumtaz Qadri blocked police
attempting to bring him to the Anti-Terrorism Court in and some supporters showered him with rose petals. On 1 October 2011, Qadri
was sentenced to death by a Pakistani Anti Terrorist court for murdering Taseer.
 RECOMMENDATIONS

Keeping in view the abuse and misuse of the blasphemy laws here are a few recommendations:
1. There should be certain procedural changes in order to ensure the legitimate use of these laws. There should be a
separate offence for dishonestly using these provisions to prevent misuse of these laws and for administration of
justice.
2. The proof or intention to prove blasphemy is not a requirement hence, the courts should rely on substantial
evidence rather than circumstantial evidence to prove the claims.
3. Such offences should be declared non-cognizable so that the police will be bound to refer the matter to a
magistrate or court beforehand.
4. According to a recommendation proposed by the National Commission on Human Rights (NCHR), there should
be an aspect of repentance in substantive laws.
5. Government authorities should publicly and without reservation condemn acts of violence, threats and
intimidation, and hate crimes purportedly justified in the name of religion, including incitement to such acts.
6. There should be an independent and impartial investigation team for these offences.
7. Remove the requirement under the Code of Criminal Procedure that only Muslim judges
preside over trials involving offences under section 295-C.
8. Provincial assemblies should enact legislation to protect witnesses in blasphemy cases
Until the government of Pakistan repeals or reforms it's blasphemy laws it is encouraged to
enhance the role of the Ministry of Religious Affairs and Interfaith Harmony.
THANK YOU!