Law students and law graduates in Pakistan are reporting for JURIST on events in that country impacting its legal system. Izhar Ahmed Khan is a 2022 LL.B. graduate of the Pakistan College of Law (University of London International Program). He files this from Lahore.
Last week Pakistan witnessed yet another tragic incident in which an enraged mob vandalized multiple churches, targeted the homes of Christian community members, and even attacked the office of a local assistant commissioner in the Jaranwala area of Faisalabad district. It is reported that these violent acts were provoked by allegations of blasphemy, as some local individuals claimed to have found desecrated pages of the Holy Quran near a residence belonging to two Christian brothers. The news of this alleged blasphemy quickly spread throughout the area, fanning the flames of anger. Those making the accusations propagated their claims through various mosques, effectively inciting people to react. In response, a gathering of people quickly escalated into a mob, which proceeded to assault churches and homes belonging to Christians in the vicinity.
In Pakistan, blasphemy is a deeply serious offense, and its mere accusation can lead to horrifying consequences. A study conducted by the Centre for Research and Security Studies (CRSS) reveals a distressing surge in blasphemy accusations and their dire aftermath. From the founding of Pakistan in 1947 to 2021, approximately 89 people have fallen victim to extrajudicial killings in around 1500 cases of blasphemy accusations. The statistics show an alarming escalation: between 1948 and 1978, there were only 11 recorded instances of blasphemy accusations, resulting in three extrajudicial killings. Shockingly, from 1987 to 2021, these numbers have increased by 1300 percent.
The legal framework governing blasphemy in Pakistan is encapsulated in Chapter XV of the Pakistan Penal Code 1860, titled “Offences Relating to Religion.” These laws criminalize various actions, including defiling places of worship, outraging religious sentiments, defiling copies of the Holy Quran, using derogatory language against Prophet Muhammad, disrupting religious assemblies, trespassing on burial sites, and employing derogatory language regarding revered figures. Additionally, these laws address the misuse of titles and descriptions reserved for sacred figures or places, as well as the actions of those from the Ahmadi faith who present themselves as Muslims or propagate their beliefs. The punishments for these offenses span imprisonment to fines, with the most severe penalties reserved for defiling the Holy Quran, carrying the potential for life imprisonment, and disrespecting Prophet Muhammad, which can result in a death sentence.
The current disturbing occurrences in Jaranwala have once again pushed Pakistan’s blasphemy laws into the center of public discourse, sparking a heated debate. Perspectives range from viewing these laws as the primary catalyst behind the violence to faithfully defending their necessity.
Advocates for the former stance see the existing blasphemy laws as enablers of violence and call for their repeal or amendment to discourage the alarming surge in violence driven by blasphemy allegations. They argue that the Islamic-centric nature of these laws and loose definitions make them susceptible to misuse and abuse. The ambiguity surrounding the definitions of blasphemy-related offenses creates an environment where false accusations can easily be used against individuals, particularly religious minorities or those with differing beliefs. They also believe that the severity of punishments, such as life imprisonment for defiling the Holy Quran and the death penalty for disrespecting Prophet Muhammad, is disproportionate to the alleged offences.
Conversely, proponents of the latter perspective, often hailing from the religious segment of society, vehemently deny any correlation between the current laws and the eruption of violent incidents. They emphasize the distinction between the misuse of these laws and their legality—arguing that a law criminalizing an act cannot be blamed for any transgressions towards the alleged criminal. Also, from a legal standpoint, they view the toning down of these laws as something against spirit of the constitution, as the constitution itself designates Islam as the state religion. In this context, for them, the presence of blasphemy laws is a means to uphold the sanctity of Islam in an Islamic country. Moreover, there exists a fervent desire to further strengthen the existing blasphemy laws. This sentiment is evident in recent legislative efforts aimed at further intensifying penalties for blasphemous acts.
This contentious debate over Pakistan’s blasphemy laws, reflecting the complex interplay between religious sensitivities, legal frameworks, and societal harmony, underscores the urgency of addressing these laws’ potential for misuse and the resultant violence, while also respecting the significance of religious sentiments. Moving forward requires due diligence: a reevaluation of the legal language of the blasphemy laws to reduce ambiguity, safeguard against false accusations, and ensure proportionate penalties, while nurturing a culture of inclusivity, education, and interfaith understanding. The way ahead equally requires open and sincere dialogue among all stakeholders—government bodies, legal experts, religious leaders, and civil society, to have a path that respects Pakistan’s diverse beliefs, upholds justice, and cultivates an environment where religious harmony prevails over intolerance.
