The Blasphemy Laws in Pakistan: Unraveling a Social Conundrum

Blasphemy is used as a weapon to silence and target the vulnerable but do most people understand the blasphemy law?

Blasphemy is a famous offence in Pakistan, We see countless cases describing how people are lynched because they were accused for Blasphemy. However, What are the laws of Blasphemy? Is it what we see on the news? What does the Pakistan’s constitution speaks about it? And what do the common people understand about Blasphemy?

History:

To fully grasp the concept of Blasphemy laws, one must understand how the law came to be. This could also be the reason of the partition. In 1924 a book was book published anonymously in Urdu called the Rangila Rasul (Colorful Prophet). It was immediately seen as controversial book. Why? Because it was written about marriages of Muhammad and his predisposition to take wives.  Later it was relieved that the member Hindu reformist Arya Samaj sect. Named Pandit Chamupati, the Muslim community was outraged as it disrespected the Holy Figure in Islam. Therefore, from the intense pressure from the Muslim community, and to make matters less intense between the Muslims and Hindus. In 1927 the British Raj introduced Hate Speech Law Selection (295A) which was to forbid anyone from disrespecting any religious authority figure.

Not to anyone’s surprise, but during 1980 and 1986 General Zia-ul-Haq, modified the existing blasphemy laws, which as previously said was inherited by the British Raj period. The Pakistan Penal Code 1860. General Zia-ul-Haq made the laws more intense and deny the Ahmadi community as Muslims. From the Pakistan Penal Code 1890, the Code states:

295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet:

“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.”

This is a direct code that explains the law and the consequences, However it is important to also understand that whoever is assured of Blasphemy has the right to trial. A lot have been lynched and killed even before the trial process had behind.

The National Assembly of Pakistan 2023:

In 2023 the National Assembly of Pakistan voted to make the country’s blasphemy laws more stringent, on the 17th of January, the assembly passed the law Criminal Laws (Amendment) Bill which is the punishment one will face if they disrespect the Holy Prophet and his family members, with 1 to 10 years of imprisonment. This concerns the minorities of Pakistan.

The consequences and the common people of Pakistan:

The consequences of being accused is where the major problem lies. In the law anyone who is accused has the right to trial and yet they are killed before the trial ever takes place. You will be able to see countless Blasphemy cases where the accused are brunt alive in a mob. One of the recent examples is when a local tourist in Swat was killed and his body was brunt over allegations of disrespecting the Holy Quran. In 2023 a teacher was stabbed to death because one of her student had a dream in which the Prophet was ordering the teachers killing. Non-Muslims have been the target for Blasphemy laws. A christen woman faced death penalty after removing a Quran sticker after cleaning the locker.

These are only some of the consequences of the people who were accused for blasphemy. Without any trial and being killed by the common people of Pakistan. It is stated that:

In Article 10A of the Constitution: 10A Right to fair trial:

For the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process”

The common people of Pakistan need to realize the unfairness they portray when someone is accused to committing blasphemy. It is now common to see an angry mob burning someone who was accused for blasphemy, without ever giving them a fair trial. This has become an alarming issue. It is not fair to kill someone over the allegations of blasphemy without any trial. Common people are just as responsible as the government for Pakistan for being a bystander and not giving any chargers to those who kill the accused without trial. Infect, they are praised by doing the killing.  An example, when a police men was suspended over killing a blasphemy suspect. But later was praised and showered by rose petals by the local residents. Why that is the common people follow one part of the Constitution but not give the suspect the right of trial which is also a part of the Pakistan’s constitution.

The future of Blasphemy laws in Pakistan:

Blasphemy law have been a topic of discussions for decades, with mostly negative consequences, However not all is lost hope, One of the famous blasphemy cases Asia Bibi Case, had gained international attention and in 2018 the Supreme Court of Pakistan overturned her conviction, because of lack of education. Even though Asia Bibi had to seek asylum in another country due to death threats. This is still a minor step for changes in blasphemy laws. For the common people it is an intense matter because of religious matters.  It will be more suitable to teach the younger generation of Pakistan to accept change and know their constitution. This could bring in more accepting attitudes and one is not a bad person if they do not agree with Islam. While meaningful change might take time, we as the people of Pakistan should remain committed to advocating for the rights of people in Pakistan.