The Infliction of Blasphemy Law
By Naeem Shakir
The members of the religious minorities in Pakistan are once again awe stricken over the death sentence passed by the Additional Sessions Judge, Nankana Sahib, Punjab, Pakistan on 8th November, 2010, against a Christian woman of 32 years – Asia Bibi, a mother of two daughters for committing blasphemy of Prophet of Islam and the holy book Quran. The fear and scare such tragic events create and spread amongst them goes down to their spine and dampen their spirits as citizens of the federation of Pakistan. It also poses a serious question as to how long they would be persecuted for having a faith other than the one that belongs to Muslim majority. Each time it has been found that blasphemy law was used either for religious persecution or for settling personal scores or grabbing land.
Invariably like other cases, in Asia Bibi’s case the complainant was a local clergy Qari Mohammad Salam. He was not present at the place of occurrence. He did not personally hear the blasphemous words allegedly uttered by Asia Bibi. He was informed on 19the June, 2009 by Muslim women who worked with Asia Bibi in the ‘Falsa’ fruit fields of a local landlord that six days earlier on 14th June Asia uttered blasphemous remarks about the Prophet and Quran. The two women admitted in evidence that quarrel took place on 14th regarding drinking water that Asia brought in a pot and the pious Muslims refused to drink being ‘unclean’. The victim Asia Bibi a total illiterate was forcibly brought out from her house on 19th June by an angry Muslim mob unaccompanied by her husband or any other relation and was confronted before the Muslim assembly for the blasphemy and allegedly Asia pleaded guilty and sought pardon. The complainant’s evidence is that she confessed her guilt before the religiously charged mob. The evidence is full of contradictions. In her statement before the court, Asia Bibi said,” the two women conspired with Qari Saalam and got a false, fabricated and fictitious case registered against her”. She offered “oath on Bible that she had never passed such derogatory and shameful remarks against the Holy Prophet and Holy Quran” She further stated, “I have great respect and honor for the Holy Prophet as well as Holy Quran” She further stated, ”since police had conspired with complainant, so, the police has falsely booked her in this case”. “Both women real sisters nursed grudge for the altercation we had over drinking water she had brought”. Despite her forceful denial, she was convicted unjustly.
The simple question is who amongst minorities would ever dare to utter words attracting blasphemy law in this highly sensitized Islamic society that is under immense pressure of ‘Talabnisation’ and militarized as well. No sane person would indulge in such a dialogue. The zero level of socio-religious tolerance has arrested process of polemics for many decades now in our society. The academic discussions are undertaken very cautiously even by Muslim scholars and intellectuals. However, the Muslim clerics freely continue blaspheming other prophets and religions in their sectarian moves from pulpit but no law come into motion.
It would rather sound strange that ever since the promulgation of this law the cases of blasphemy are on rise which were not earlier ever heard of. The argument in favor of this law is that in absence of it people would take law in their own hands and would kill the blasphemer without trial. This argument has been adopted by the Islamic scholars and some members of the superior judiciary. But the evidence abundantly speaks otherwise especially in case of Christians and other minorities. Those killed without registration of a case, without trial, in the jail or in police custody are numerous now. And it is a matter of record that no one was convicted for taking law in one’s own hands.
The present blasphemy law dates back to regime of a military dictator Ziaul Haq who took upon himself to Islamise the Pakistan society. He took legislative and administrative measures to achieve this objective. He amended rather changed the country’s constitution, Pakistan Penal Code, Criminal Procedure Code, Evidence Act and other laws supposedly to bring those in conformity with Islamic injunctions. He introduced Hudood Laws with Islamic punishments of stoning to death and amputation of hands and feet and imposed those on Non-Muslims as well. He constituted Federal Shariat Court that proved as a parallel judiciary rather much more as it was empowered to strike down any law on the statute book that it may consider as repugnant to Injunctions of Islam as based on Quran and Sunnah. This power of the Federal Shariat Court certainly injured the sovereignty of the parliament that is considered to be the supreme body of the state under democratic dispensation.
Whereas the laws relating to religion were introduced in the Penal Code that casts the net wide open to rope in any one under the charge of blasphemy.
It was through Pakistan Penal Code (Amendment) Ordinance 1982 that effected first amendment to the penal code relating to religion after partition of India whereby a new section 295-B was added for introducing punishment for life for committing blasphemy against Quran as; “Whoever willfully defiles, damages or desecrates a copy of the Holy Quran or of an extract there from or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.” In 1986 there was another amendment effected by Criminal Law (Amendment) Act, 1986 whereby section 295-C was introduced in the penal code to punish for blasphemy against the Holy Prophet. The section runs as ; “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 Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.”
It may be pointed out that in 1991 a petition was filed before the Federal Shariat Court by a member of Jamate Islami that since Islam imposes punishment of ‘hadd’ over the blasphemer of the prophet therefore there could be no other punishment except the capital punishment and any other punishment less that (life imprisonment) would be against the injunctions of Islam. The government of the day opposed the said petition. However the Federal Shariat Court declared ‘life imprisonment’ as un-Islamic and retained only capital punishment. This is the precise history of blasphemy law as introduced by military regime of Zia.
Despite all these strong measures the cases of blasphemy surfaced. But the record would establish that after the day the law was amended to introduce only the capital punishment there has been a spate of cases under new blasphemy law. The deterrence in law did not help arrest offences of blasphemy. What is the reason or logic behind? The fact is that this law has been as a tool of oppression and repression. It has been used to take revenge, settle personal scores and grabbing property. It has been used for religious persecution. It has resultantly enhanced socio-religious intolerance and has sharpened the baneful sentiment of religious prejudice. It also negated the Sunnah of Prophet Muhammad who on numerous occasions forgave those who opposed him or tried to blaspheme him. This law negates the Islamic principle of “offeve” (forgiveness). The law is so vague that it is very easy to rope in its net for punishing any one against whom some nefarious move had been designed. It certainly does not serve Islam rather tarnish its image amongst those who are subjected to oppression in the name of Islam.
The trial is never conducted under established principles of criminal law. The courts are always under pressure of the Muslim clergy who along with religious zealots throng the court room and display banners and play cards demanding death to the accused. The verdicts are made in an environment that is hardly conducive for any judicious dispensation. Although the convicts have been mostly acquitted by the superior courts but the record shows that after their release they are obliged to leave the country for fear of being killed. Therefore, the problem is much deeper than the Blasphemy Law.
The whole society has been made hostage at the hands of these religious extremist. These religious militants are militarized and lethally armed and trained for total destruction and annihilation. They are spread all over, in different tiers of government and in our neighborhoods as well. Their net work is very strong and wide. They are against the rule of law and do not accord due process of law to ‘the other’. They are the sole arbiter of the truth to pass judgment. They demonize anyone who does not belong to their creed. The striking out blasphemy law may not soon immediately big results but it will certainly snatch a tool of oppression that they inflict on others so often.
On each capital punishment under this law or when someone is killed without trial or in jail or police custody, those who uphold the cause of justice and humanity are shaken. Discussion once again ensues over the unjust law and demand is renewed for total repeal of such law that fails to deliver justice. Despite strong evidence against disservice this law has done, the clergy wants to retain it to use it against ‘the other’ whenever desired. But the callous approach by the rulers who otherwise are engaged in rhetoric of doing justice to people is not understandable as to why they do not take steps to educate people of Pakistan that this law was never made to serve Islam but to overawe people and do injustice. The rulers are more concerned with their constituency that constitutes the religious lobby as well. Therefore they lack political will to do justice.
Let’s go beyond this discourse. Are we really serious about what is provided in fundamental rights in the constitution? If so, are we really serious in allowing the non-Muslim citizens of Pakistan to profess and practice their religion and develop their culture? It is not a balanced legislation as prima facie it trespasses the domain of other creeds and faiths and refuses to recognize those as sacred. Therefore it patently invades the rights of others relating to their faith, sacred books or religious icons. The law inflicts domination of the majority. The independent and democratic forces are of the opinion that its repeal would serve Islam, humanity and cause of justice as well. The presence of this law negates the fundamental right to profess and practice religion or faith as the religion or faith of a non-Muslim would be considered in derogation to the prophet of Islam and Quran. This aspect of the law needs to be considered in the light of the provisions of the constitution which would prevail over all laws including the law relating to blasphemy law.
The initial objective of this law in the united India was to stop the tendency to stir up breaches of peace on sectarian or religious grounds. However, the British rulers were very conscious when a new section295-A was introduced through an amendment by Criminal Law Amendment Act of 1927. Till then section 295 was in force that related to injuring or defiling place of worship, with intent to insult the religion of any class, which provided punishment that could extend to two years or fine or both. Whereas, the new section 295-A introduced deliberate and malicious intention to outrage religious feelings of any class by insulting its religion or religious belief. However, the punishment for such offence remained for two years imprisonment or with fine or both. The British were dealing with people of the sub-continent with numerous creeds and religious faiths. The British authors of the Indian Penal recorded in the proceedings of the Select Committee that dilated on this particular issue for six years in these words; “The question whether insults offered to a religion ought to be visited with punishment does not appear to us at all to depend on the question whether that religion be true or false. The religion may be false, but the pain which such insults give to the professors of that religion is real.”
How much deliberation the Majlis e Shoora (Parliament) of Gen Zia had while passing the blasphemy law introduced in 1982 and 1986. There was no debate on the legislation by those handpicked non-elected representatives of the nation. They all relied on the wisdom of the military dictator. Any legislation without debate and serious deliberation is no law at all. It is an affront to democratic order that reposes confidence of the electorate in the legislature to frame laws to maintain peace and order, for social development and socio-religious harmony. The religious extremists consider blasphemy law as if it is divinely ordained and too sacrosanct to even to discuss about. The society disintegrates where rulers do not have political will to bring an end to injustice and oppression. The progressive and democratic forces along with media must come forward to launch a strong movement against all discriminatory laws including the blasphemy law. It is high time to do it as its presence on the statute book perpetuates injustice and brings bad name to the nation.
November 16, 2010.
Ch. Naeem Shakir
Advocate, Supreme Court of Pakistan
Hassan Plaza, 1 – Mozang Road, Lahore, Pakistan
92 42 37353309, Mobile: 92 03024074962
