The statistics collected by local human rights groups show that at least 964 persons have been accused under these laws since 1987. Although religious minorities form only 3 % of the population, nearly half the victims were Ahmadis (340), Christians (119) and Hindus (14).
The blasphemy laws
Pakistan’s Penal Code includes five Sections commonly known as blasphemy laws. Sections 295 B, 295 C, 298 A, B and C, were made part of this Code, between 1980 and 1986, mainly through Presidential Orders by Gen. Zia Ulhaq. These Sections of the Criminal law state to protect the honour of Prophet Mohammad, the Holy Quran, the Companions and Wives of the Prophet while barring Ahmadis from using Islamic terminology and symbols and, ‘preaching their faith or posing as Muslims.’
While the punishment for offenses in Sections 298 A, B and C (concerning the insult against Companions and Wives of Prophet Mohammad and imposing restrictions on Ahmadis) is imprisonment for three years and a fine, Section 295-B carries life imprisonment and Section 295-C (offering insult to Prophet Mohammad) a mandatory capital punishment.
Inherent problems
• The text of the blasphemy law is religion specific and highly discriminatory. The blasphemy laws make no distinction between an intentional deliberate action and an unintended mistake thus leaving its application open to abuse. The formulation also ignores the important exceptions that are part of criminal laws internationally i.e. psychological condition of accused, knowing the consequences of ones actions (a minor, a non-believer and an insane person).
• These laws do not define the crime of ‘insult’ or the meaning of ‘respect’ however focuses on the modus operandi of offense; writing, speaking, etc.
• The UN Special Rapporteur on Freedom of Religion or Belief observed1 that the punishments accompanying blasphemy laws are excessive and disproportionate to the
A/HRC/12/NGO/14 page 3
2 Article 19, ICCPR
offenses. Some Islamic scholars have also condemned the existence and application of these laws.
• The blasphemy laws provide no inbuilt safety net to stops its abuse.
• Pakistan’s blasphemy laws are inherently arbitrary and restrict freedom of speech and other freedoms guaranteed by international human rights laws2.
Consequences of blasphemy laws
Since 1986 blasphemy laws have been frequently used to intimidate and persecute religious minorities and to settle personal vendetta. Hundreds of innocent people have been imprisoned, forced to leave the country or killed by religious fundamentalists.
The very existence of the present blasphemy laws encourages hostility towards minorities and has proven to be a license for abuse of law and religion. The instigators motivated by religious bigotry, personal prejudice, selfish gain or professional rivalry have used allegations for their convenience. In many cases complaints are filed at the insistence of a number of local clerics or outfits inciting hate against minorities. Thus these laws instil fear and sense of insecurity for liberal Muslims, Human Rights Defenders and religious minorities.
Once allegations surface these laws become a tool for multiple human rights violations. Ill treatment in custody and torture are commonplace and trials take years, resulting in the accused languishing in jails pending trial or appeal. Judges are reluctant to try these cases and it is difficult to get a lawyer. In 1996, Justice Arif Hussain Bhatti, a Lahore High Court Judge who had acquitted a person accused of blasphemy was killed in his office as the killer thought the judge had committed blasphemy by arriving at this decision.
Blasphemy laws undermine the notion of freedom of thought, conscience and religion, and become moreover, a catalyst for a culture of intolerance. The state machinery becomes a party to this scheme of religious intolerance and the society looses an opportunity for a genuine interfaith dialogue and openness.
Universal human rights - UN bodies / Special procedures
(a) Blasphemy laws in Pakistan are in conflict with the Universal Declaration of Human Rights, in particular with article 7 (equality before the law and protection against discrimination, article 19 (freedom of opinion and expression) and article 18 (freedom of thought, conscience, and religion).
(b) Blasphemy laws in Pakistan are also in violation of Articles 2, 3 and 4 of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief, which categorically prohibits religious discrimination.
(c) Blasphemy laws also violate articles 2 and 4 of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities that seek to A/HRC/12/NGO/14 page 4
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