An Urgent Appeal by the Hotline of Asian Centre for the Progress of Peoples (ACPP)

Pakistan has a very poor track record of protecting its minorities against social injustice. Reports and surveys by independent agencies reveal that minorities in Pakistan are deprived of basic civil liberties and equal opportunities in jobs, education and political representation. Quite often they are the target of harassment, violence and even murder by mobs blinded with religious frenzy. Ironically, the State, instead of safeguarding the rights of minorities, has enacted laws which are patently discriminatory.

The law on blasphemy had existed since 1927. But before the last decade, rarely had one heard of this law ever being used. Ever since the vague and arbitrary definition of blasphemy was inserted into the Pakistani Penal Code in the 1980s, and the punishment had increased from two years of imprisonment to the death sentence, the incidents of alleged blasphemy have suddenly risen. Blasphemy laws in Pakistan refer to mainly the following sections of the Pakistani Penal Code:

Summary:

The new sections made defiling the Holy Quran punishable with life imprisonment (295-B), of the name of the Holy Prophet with the death sentence (295-C), and of any other personage referred in Islam with three years’ imprisonment (298-A).

Section 298

"Uttering words etc. with deliberate intent to wound religious feelings: Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both."

Section 298A

Inserted into the Pakistani Penal Code in 1980 which reads, "Use of derogatory remarks, etc. in respect of holy personages: 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 any wife or members of the family of the Holy Prophet (PBUH), or any of the righteous Caliph or companions of the Holy Prophet (PBUH), shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."

Sections 298-B and C

In 1984, legislation was passed as Sections 298-B and 298-C which makes it a criminal offence for the Ahmadis to call themselves Muslims, to employ nomenclature and appellations associated with Islam, to use Muslim practices of worship and to propagate their faith. "Persons who call themselves Ahmadis or any other name ... in manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."

Section 295 and 295-A

Since 1860, there had always been a law to prevent hurting the religious feelings of any class of people in the community. The law, Section 295, was part of the Indian Penal Code, now the Pakistani Penal Code. It reads: "Injuring or defiling a place of worship with the intention to insult the religion of any class: Whoever destroys, damages or defiles any place of worship, or any subject held sacred by any class of persons with the intentions of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may be extended to two years, or with fine, or with both."

In 1927, when religious riots rocked pre-partitioned India, Section 295-A was promulgated with similar provisions as in Section 295. The committee appointed by the British at that time did not recommend any further change, as it would "caste the net too wide."

Section 295-B

But the government of Pakistan in the 1980s had exactly "caste the net too wide" by introducing Sections 295-B and 295-C. Section 295-B was inserted through Amendment Ordinance No. 1 of 1982 "Defiling...etc. of the Holy Quran: Whoever willfully defiles, damages or desecrates a copy of the Holy Quran or an extract therefrom, or uses it in any derogatory manner, or for any unlawful purposes, shall be punishable with imprisonment for life."

Section 295-C

With Amendment Act No. III of 1986, Section 295-C now reads: "Use of derogatory remarks, etc. in respect of the Holy Prophet (PBUH): 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 (PBUH), shall be punished with the death sentence or imprisonment for life and shall be liable to fine." The condition for imprisonment for life came to an end in 1990, and the death sentence was made mandatory for blaspheming the name of the Holy Prophet (PBUH).