A sword of Damocles hanging over minorities

There is the Indonesian example as a guide

Blasphemy laws in Pakistan, particularly, Sections 295-B and 295-C of the Pakistan Penal Code, have been a topic of debate and concern. While designed to preserve religious sentiments, they are frequently used to quell dissent, oppress the minority groups, and facilitate personal vendettas. The misuse of these laws has promoted severe concerns about human rights breaches, with international organisations such as Amnesty International, United Nations, and USAID, emphasizing the dangers they pose to the country’s social fabric. Looking closely into the legislation, we find out that section 295-C of the PPC makes blasphemy against the Prophet Muhammad (PBUH) punishable by death or life imprisonment, whereas blasphemy against the Quran carries a prison sentence of up to life imprisonment. Though Pakistan’s legal system insists that these laws are mandatory to protect religious sanctity, they have often been used as tools of oppression rather than protection.

There have been many instances where individuals or groups with personal vendettas falsely accuse others of blasphemy to settle disputes. A notable example of this kind of abuse of blasphemy laws occurred in the case of Rimsha Masih, a young Christian girl who was falsely accused of burning pages from the Quran. The accusation was made by a local imam, who later faced allegations of fabricating the case. Khalid Jadoon Chisti, was reported to have a personal grievance with her family, and some people believed he had deliberately planted the evidence to accuse her.

One of the most notable cases is that of Asia Bibi, a Christian woman who was sentenced to death in 2010 after being accused of blasphemy. The allegations against her were based on a dispute with Muslim coworkers who accused her of insulting the Prophet Muhammad. Despite her eventual acquittal by the Supreme Court in 2018, Asia Bibi’s case drew international condemnation and was emblematic of the dangers of the misuse of blasphemy laws. Amnesty International reported that “the charges against Asia Bibi were based on flimsy evidence, with the allegations often rooted in personal grudges.” The human rights organization has also documented cases where accusations of blasphemy were leveled against individuals as a means of settling personal or professional disputes, often with little to no evidence.

Muhammad Akhlaq’s case serves as a creeping reminder of how decayed our society is. Muhammad Akhlaq was a mentally ill man who was accused of blasphemy– which is a perfect example of how this law is misused. Amnesty International condemned the arrest, stating, “The laws have been exploited to punish individuals who are already vulnerable.” Similar cases exist in which vulnerable people, notably minorities have been subjected to violence or the fear of death based on unsubstantiated allegations.

Furthermore, religious minorities, especially Christians, Hindus, and Ahmadis are often looked down upon. Christian activists have reported that there is widespread discrimination against Christians in private employment other than menial labour. Ahmadiyya Muslim community representatives stated that the Urdu-language press frequently printed hate speech, and inflammatory anti-Ahmadi rhetoric continued to exist on social media, at times spread by senior members of mainstream political parties. Moreover, it is closely observed that clerics routinely deliver anti-Ahmadi sermons in mosques. Human rights and religious freedom activists and members of minority religious groups have often reported that they exercise caution when speaking in favour of religious tolerance because of a societal climate of intolerance and fear. Some activists reported receiving death threats because of their work.

Moreover, internationally these laws have been gaining nothing but negative criticism. Amnesty International in its 2020 report stated that Pakistan’s blasphemy laws “have been used to stifle free speech, and individuals have been harassed and even killed over the accusations of blasphemy.” Similarly the United Nations Human Rights Council has consistently expressed concern over the misuse of blasphemy laws, emphasizing that they are used to target religious minorities, particularly Christians, Hindus, and Ahmadis. In 2017, UN Special Rapporteur on freedom of religion or belief, Ahmed Shaheed, stated that Pakistan’s blasphemy laws “undermine human dignity and freedom of expression,” calling for reforms to ensure that the laws are not misused for personal or religious gain. Likewise, USAID, in its annual reports have also highlighted the damaging impact of blasphemy laws on the country’s growth. The misuse and abuse of these laws has created an atmosphere of fear and intolerance, hampering the country’s growth towards a more inclusive and democratic culture.

The sacred blasphemy laws in Pakistan, while intended to protect religious sentiment, have instead been twisted into a weapon of darkness, suppressing free speech, and perpetuating social divide. With increasing international pressure and domestic calls screaming for reform, the state must act decisively to prevent these laws from being misused. Only by revising the legislative framework, implementing safeguards, and cultivating an atmosphere of tolerance and understanding that the country can progress towards a more equitable and inclusive society in which all citizens’ rights and freedoms are protected.

While Pakistan’s blasphemy laws are still deeply embedded in the legal and political structure, there is a growing consensus that they must be modified to prevent future abuse. The government must make tangible efforts to guarantee that the laws are not used to settle personal disputes, target minorities, or repress free speech. The state should initiate a thorough review of blasphemy laws to ensure they are not open to manipulation. This could include raising the burden of proof for blasphemy cases, making it more difficult to use these laws as a tool for personal vendettas.

Indonesia’s blasphemy laws have also been criticised for being used to target religious minorities and suppress free speech. However, in recent years, there have been attempts to curb the misuse of these laws, in response to both domestic and international criticism. In 2017, the Indonesian government introduced a judicial review process that aimed to improve the application of the country’s blasphemy laws.

The Constitutional Court of Indonesia reviewed several cases related to the abuse of these laws and ruled that the authorities must ensure that charges of blasphemy are not used for personal vendettas or political gain. One key example of this is the case of Ahok (Basuki Tjahaja Purnama), the former governor of Jakarta, who was convicted of blasphemy in 2017 for comments he made regarding a Quranic verse. His conviction sparked protests and widespread debate over the fairness of the blasphemy laws. Despite his conviction, many argued that the case was politically motivated, as Ahok was a Christian and an ethnic Chinese politician.

After his sentencing, there was significant pushback, both locally and internationally, against the perceived misuse of the laws to silence political opponents or minorities. As a result of this case and public outcry, Indonesian legal reforms focused on introducing clearer guidelines for what constitutes blasphemy and improving the burden of proof required to make such accusations. For example, authorities are now required to ensure that the accusations are not based on personal or political motives and that there is concrete evidence before charges are filed.

In addition to this, The government should introduce safeguards to prevent the misuse of blasphemy laws. This could include requiring independent investigations and judicial review before charges are filed, and ensuring that accusations are not based on hearsay or personal bias. Religious minorities must be protected from the misuse of these laws. Special provisions should be made to prevent the targeting of minority communities, and the state should ensure that any allegations of blasphemy are dealt with in a fair and unbiased manner. The state must hold accountable those who falsely accuse others of blasphemy, ensuring that individuals who abuse the system for personal gain are prosecuted and penalized.

The sacred blasphemy laws in Pakistan, while intended to protect religious sentiment, have instead been twisted into a weapon of darkness, suppressing free speech, and perpetuating social divide. With increasing international pressure and domestic calls screaming for reform, the state must act decisively to prevent these laws from being misused. Only by revising the legislative framework, implementing safeguards, and cultivating an atmosphere of tolerance and understanding that the country can progress towards a more equitable and inclusive society in which all citizens’ rights and freedoms are protected.

Amal Kamal
Amal Kamal
The author is a research writer and policy analyst with a focus on social policy, governance, and sustainable development. She tweets @amalsyed1

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