As a substitute of reforming its draconian and harmful blasphemy law, the Nationwide Meeting of Pakistan has passed a bill that additional strengthens and weaponizes it.
The invoice, handed on January 17, proposes to extend the punishment in instances pertaining to the blasphemy of Prophet Muhammad’s companions and His progeny, an offense below part 298-A in Pakistan’s penal code. The invoice seeks to extend the interval of detention, at the moment set at three years, to a minimal of 10 years and extendable as much as lifetime imprisonment, together with a advantageous of 1 million Pakistani rupees (round $3,600). It additionally suggests modifying blasphemy to a non-bailable offense.
In a religiously various nation like Pakistan, the present blasphemy legal guidelines are already exploited to an amazing diploma to pursue private vendettas towards the susceptible. The proposed amendments are destined to criminalize spiritual variations and persecute the spiritual and sectarian minorities much more. The ambiguities and unclear definitions of key phrases within the invoice go away large house for exploitation.
Shias in Pakistan, who make up about 20 % of the nation’s inhabitants, have come out strongly against the bill, claiming it’s one more approach of victimizing the marginalized sect and violating their freedom of spiritual perception. Already, Pakistani Shias face a rising risk of violence from terrorists; additional weaponization of the blasphemy regulation would improve their persecution.
The Origin of the Invoice
Though introduced within the Nationwide Meeting by Jamaat-e-Islami member Abdul Akbar Chitrali, the invoice was initially drafted and ready by the once-banned anti-Shia extremist outfit Ahle Sunnat Wal Jamaat (ASWJ), previously Sipah-e-Sahaba Pakistan. In July 2020, Atta Muhammad Deshani, president of the ASWJ’s Khyber Pakhtunkhwa chapter, together with ASWJ’s Islamabad get together head, Abdur Rehman Moavia, known as on Chitrali and presented him with the draft of the bill.
جماعتی قیادت کےحکم پرجماعت اسلامی کےرکن قومی اسمبلی مولانا عبدالاکبرچترالی صاحب سےگزشتہ روزپشاور میں ملاقات کی،حضرات صحابہ کرام رضی اللہ عنہم اجمعین واہلبیت اطہاررضوان اللہ علیہم اجمعین کےگستاخوں کوسخت سزا دینےکیلئے #ناموس_صحابہ رضی اللہ #واہلبیت رضی اللہ بل ان کے حوالے کیا pic.twitter.com/o7XZXDgnq6
— Atta Muhamad Deshani (@AttaMdeshani) July 22, 2020
Thus, as quickly because the invoice was handed by the meeting, the extremist group celebrated it by inserting congratulatory banners all throughout the nation.
An ASWJ banner celebrating the invoice handed within the meeting. On the left: Muaviyya Azam, son of Azam Tariq, chief of Sipah-e-Sahaba. On the precise: Abdul Akbar Chitrali, who introduced the invoice.
The Loopholes in 298-A
The ambiguities associated to the offense of blasphemy and the contrasting beliefs of the Sunni and Shai sects go away an enormous room for exploitation of the laws. Part 298-A currently states:
Whoever by phrases, both spoken or written …..defiles the sacred title of any spouse (Ummul Mumineen), or family members (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of both description for a time period which can lengthen to 3 years, or with advantageous, or with each.
As talked about above, the brand new invoice proposes to vastly improve the punishment for such instances of blasphemy, as much as life in jail.
That is significantly harmful for Shias, because the definition of “companion” varies vastly between the 2 majority sects of Islam. The vast majority of Sunni students take into account anybody who had seen the Holy Prophet with their bare eyes and died a Muslim to be known as a companion. Along with these standards, the Shia college of thought additionally assesses whether or not the stated particular person’s actions have been in step with or towards the teachings of the Prophet and in the perfect curiosity of the Islamic neighborhood. Therefore, those that opposed, cursed, or waged conflict towards the household of the Holy Prophet are usually not thought of “companions” within the eyes of the Shia college of thought. Even a number of Sunni students corresponding to Al Sayuti and Al Dhabhabi keep in mind this extra criterion earlier than labeling somebody a companion.
The shortage of definition as to what precisely classifies as “blasphemy” or “insult” additional creates a possibility for abuse. The books of Shia historical past, in addition to acknowledged historic books of Sunni Islam, corresponding to Sahih Bukhari and Sahih Muslim, are filled with incidents during which companions of the Holy Prophet cursed, fought, and even went to conflict with different companions or the household of the Prophet. Would the narration of such occasions or possession of such books additionally rely as blasphemy? What then would occur to the hundreds of seminaries of each sects run throughout the nation during which these historic books are being taught?
Exploitation In opposition to the Sect
Articles 19 and 20 of the Pakistani Constitution grant each citizen the liberty of expression to profess, apply, and propagate their religion. This proper has been violated drastically within the case of the Shia neighborhood, particularly up to now two years, when lots of of blasphemy instances have been lodged towards Shias for merely proclaiming their beliefs and finishing up spiritual rituals.
In August 2020 alone, more than 40 blasphemy cases have been registered towards Shias by mobs storming police stations and staging violent protests till the registration of the FIRs. Just a few examples of absurd instances registered towards Pakistani Shias embrace accusations of blasphemy for: holding a non secular gathering inside a non-public residence, holding a procession, distributing meals and water in remembrance of Karbala; claiming on social media that the Holy Prophet had just one daughter, as talked about within the Shia historic books; and denouncing Yazeed, the killer of Imam Hussain.
Thus extending the detention interval and making blasphemy towards the Holy Prophet’s companions a non-bailable offense would additional restrict the liberty of expression and violate the essential human rights of the sect members granted by the structure of Pakistan.
The Blasphemy Legislation and Violence
Blasphemy instances even have a robust correlation with extrajudicial violence. Mob assaults and tried lynchings of alleged blasphemers have change into fairly prevalent. Mashal Khan, a college pupil, was lynched by fellow college students in Mardan over blasphemy allegations. Priyantha Kumara, a Sri Lankan nationwide and supervisor of a manufacturing unit in Sialkot, was not solely lynched to loss of life however his lifeless physique was desecrated and set on fireplace by workers who accused him of blasphemy. Tahir Khan, an alleged blasphemer, was shot lifeless contained in the courtroom by the accuser throughout a trial listening to.
Different defendants are denied ample authorized illustration resulting from mob strain. The attorneys of the accused have been threatened and compelled to step again from the instances. Rashid Rehman, the protection lawyer for Junaid Hafeez, a college lecturer accused of blasphemy, was murdered inside his workplace in 2014 after being threatened twice.
Not solely legal professionals however judges are additionally intimidated to rule towards accused alleged blasphemers. Judge Parvez Ali Shah, who convicted Mumtaz Qadri of murdering Punjab Governor Salman Taseer, needed to flee the nation after receiving loss of life threats. One other decide, Arif Bhatti, who acquitted two Christians accused of blasphemy, was murdered inside his chamber.
This lack of free trial together with the risk to life violates the United Nations’ Worldwide Covenant on Civil and Political Rights, which Pakistan ratified in 2010.
Ulterior Motives and Private Vendettas
Moreover its function within the systemic persecution of minorities, the blasphemy regulation can also be broadly used to settle private scores. Within the case of Rimsha Masih, a mentally disabled 14-year-old Christian lady accused of blasphemy, the judge threw out the charges, saying the accusation was “a tool for ulterior motive.”
Within the landmark judgment towards Mumtaz Qadri in 2015, the former chief justice of Pakistan stated, “The majority of blasphemy cases are based on false accusations stemming from property issues or other personal or family vendettas rather than genuine instances of blasphemy, and they inevitably lead to mob violence against the entire community.” In one other blasphemy case argued within the Supreme Courtroom in September 2022, the judges took notice of how “many a time false allegations are leveled to settle personal scores and cases are also registered for mischievous purposes or on account of ulterior motives.”
The truth that there aren’t any penalties for false accusations contributes to the blatant misuse of Pakistan’s blasphemy regulation. In 2018, the Senate Special Committee for Human Rights recommended that false accusers be subjected to the identical punishment as an individual convicted of blasphemy. Nevertheless, one of many committee members, belonging to Jamiat Ulema-e-Islam (F), opposed the advice.
What’s Subsequent?
The Senate has 90 days – till April 17 – to counsel amendments or approve/disapprove the invoice earlier than it’s introduced in entrance of the president of Pakistan. As soon as the Senate and the president signal onto it, the modifications will change into a part of Pakistan’s penal code, which might show lethal for the explanations talked about above.
Former Governor of Punjab Salman Taseer and Minister Shahbaz Bhatti have been each murdered in chilly blood as a result of they dared to problem the blasphemy legal guidelines and labelled them “black laws,” declaring how inhumane they have been. Such incidents spotlight the significance of stopping the brand new invoice earlier than it’s transformed to the regulation; as soon as that occurs, the chance of difficult it will increase tenfold. All eyes are on the progressive members of the Senate to not bow all the way down to the strain of the extremists and forestall the flame of sectarianism from being ignited within the nation as soon as once more.
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