Understanding Blasphemy Laws in Pakistan

When Pakistan was established, the Quaid, Muhammad Ali Jinnah, a religious outcast himself- belonging to a Shia family had envisioned Pakistan to be a state which treats its people equally, whether Muslim or non-Muslim meaning no bias based on religion or sect. With this vision in mind, blasphemy laws in Pakistan were considered barely needed.

The cabinet he initially appointed was inclusive, with the appointment of non-Muslims, religious minorities such as Shia and Ahmadi Muslims to signify that Pakistan was not dominated by a certain sect or religion. Similarly, within the emerging years of Pakistan, blasphemy was a word almost unknown to the people, with religious intolerance at bay and the people living in harmony together- there was not much to complain about. Initially, Pakistan adopted the blasphemy laws enacted by the British colonial authorities.

Although, by 1956 it was decided to officially name Pakistan as “The Islamic Republic of Pakistan” since almost 96% of the population was Muslim. As the country was officially declared an Islamic state, it was set to have strict laws against blasphemy to protect its religion (Islam) and the Islamic way of life.

Blasphemy is known as the act of speaking ill towards God or a religious entity. It is mentioned in Pakistan’s constitution under Article 31 that the state must foster the Islamic way of life and further in Article 33 that the country must prevent parochial, racial, tribal, sectarian, and provincial prejudices between the residents. Lastly, Article 10A states that anyone charged with blasphemy does still have the right to a fair trial and it is the state’s responsibility to provide one.

Even though these laws were set and drafted, the processing and implementation of them were not as efficient. According to the statistics from 1986 to 2007, Pakistan discovered and charged over 647 blasphemy cases, out of which, with no surprise, 50% of the accused were non-Muslims who at that time only accounted for 3% of the population. Moreover, highlighting the implementation of the law; none of these cases ever came close to being closed by the judicial committee. The majority of the alleged criminals were murdered in the name of “protection of religion.”

The mistreatment of blasphemy laws in Pakistan makes one uncertain if Pakistan can still be known as the progressive nation it once was, which is ironic really, as time passes, instead of progressing further the country fell back towards the darker days of intolerance. As can be seen by the religious intolerance in the state which is at an all-time high; for example, the majority of Muslims belong to the Sunni sect and are preferred only if they belong to this sect, there is high-level discrimination carried out against the relative religious minorities, so much so that minorities are barely provided with little to no representation.

All this originally stemmed from the need to purify religion, Muslims of the country often forget that Pakistan does indeed consist of people who belong to different religions and sects, and one should ideally be thinking as a Pakistani; they prefer to think as a Muslim and justify the eradication and/or mistreatment of Non-Muslims such as the Hindus or the Christians. Not only is this limited to Non-Muslims, but religion is also said to be purified based on sects, individuals belonging to Shia and Ahmadi families are singled out and discriminated against. Most blasphemy cases are registered against the said minorities.

It is no secret that the religious minorities within Pakistan are under constant threat. This has become even more so evident as religious parties or religious politically affiliated groups have gained immense power and support from the extremist crowd, they justify their actions by declaring that the accused was killed in the name of God, to protect the Prophet (PBUH) and Islam itself. Hence, proving that the blasphemy laws in Pakistan are very weak.

One of the very famous examples of such an act is the Asia Bibi blasphemy case from 2010. Asia was a Christian woman, who belonged to a poor family and worked as a berry picker or a farmhand in Sheikhupura, Pakistan. In June 2009, she was accused of passing blasphemous remarks in a crowd as they had gotten into an argument. The Muslims in her workspace considered Asia as unclean and of lower status, which is why they would never provide her with the respect she deserved. She further mentioned that the people there would constantly try to coax her or her family into converting to Islam but since she refused to do so and was involved in a heated argument a huge mob formed around her house and accused her of blasphemy.

After an investigation, she was then arrested under penal code section 295 (C). People were twisting Asia’s words and trying to frame her for blasphemy. Muslim leader, Qari Salem, took the matter into his own hands only to make things worse. He pressured some people in the area to claim that she committed blasphemy when he could not find a way to get Asia to confess. Asia was then imprisoned until a formal sentence was provided. Asia denied that she had committed blasphemy and said that she had been accused by her neighbor. In November 2010, Muhammed Naveed Iqbal, a judge at the court of Sheikhupura, Punjab, Pakistan sentenced her to death by hanging.

The extent of intolerance over blasphemy laws in Pakistan reaches such an all-time high that the famous lawyer, Salman Taseer was also assassinated for trying to defend Asia Bibi and supporting blasphemy.

Asia Bibi is only one such case, on the days we receive news of several such cases which present the most horrific news and horrendous ways of how brutally innocent lives are taken simply because a specific person had accused the said person to be a blasphemer. Half of the accused do not even make it to court to receive a fair trial and go through it the legal way; they are just executed by the public to “purify religion” and nothing is done about it because it is considered right. It is self-explanatory as can be seen, that Pakistanis in general still lack the basic empathy to realize that there are always two sides to a story. Our country has a good set of laws against blasphemy particularly, however, the application and implementation of those specifics laws are at fault largely.

The country is surrounded by religious extremists, whether they are political groups, affiliations, or just power groups; they have all seemed to take over the Pakistani society and Jinnah’s dream of a secular state. With their undying need to impress God and force Islam on every other person, the religious intolerance among us has never been higher. With such holier than thou attitude, they believe that their perspective is correct and whatever else is being preached is against Islam and must be eradicated to purify our religion and Allah and the Prophet’s (PBUH) message for their people. A common mistake, which is, taking the laws of blasphemy into their own hands and sentencing innocents to death.

The only way to even come close to a solution would require an entire brainwash for the previous generations, to instill acceptance and diversity in them; to acknowledge each other as individuals and practice what they preach but on a private level without having to interfere in the other’s business. Promoting the right and appropriate way to go to trial if someone is accused of blasphemy, adhering to the blasphemy laws in Pakistan by keeping your religious sentiments aside.

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