differentiate b/w blasphemy and blasphemy law?

[serene syeda!]

what is blasphemy in simple words? what are the major points of blasphemy law in Pakistan?

[Invincible]

This article will provide profound info.


Time to repeal the blasphemy law

By: Nasim Zehra

In June 2008, Asiya Bibi, a Pakistani farm worker and mother of five, fetched water for others working on the farm. Many refused the water because Asiya was Christian. The situation got ugly. Reports indicate Asiya was harassed because of her religion and the matter turned violent. Asiya, alone in a hostile environment, naturally would have attempted to defend herself but was put in police custody for her protection against a crowd that was harming her.

However, that protection move turned into one that was to earn Asiya a death sentence. A case was filed against her under sections 295-B and C of the Pakistan Penal Code, claiming that Asiya was a blasphemer. Her family will appeal against the judgment in the Lahore High Court.

The Asiya case raises the fundamental question of how Pakistan’s minorities have been left unprotected since the passage of the blasphemy law. There may have been no hangings on account of the law but it has facilitated the spread of intolerance and populist rage against minorities, often leading to deaths. There is also a direct link between the Zia-ist state’s intolerance against minorities and the rise of criminal treatment of Ahmadis.

Cases have ranged from the Kasur case to the more recent Gojra case, from the mind-boggling row of cases between 1988-1992 against 80-year-old development guru Dr Akhtar Hameed Khan, to the case of the son of an alleged blasphemer, an illiterate brick kiln worker who was beaten to death by a frenzied mob.

Although doctor sahib faced prolonged mental torture, he was saved from the maddening rage that has sent to prison, and in some cases devoured, many innocent, poor and hence unprotected Pakistanis.

There is a long list, prepared by the Human Rights Commission of Pakistan, of unjust punishments handed down to Pakistani citizens whose fundamental rights the state is obliged to protect. Beyond punishments, minorities live in constant fear of being lethally blackmailed by those who want to settle other scores.

Yet most political parties have refrained from calling for the law’s repeal or improvement in its implementation mechanism. When, in the early 90s, I asked Nawaz Sharif sahib to criticise the hounding of Dr Khan, his response was a detailed recall of the story in which Prophet Muhammad (pbuh) went to ask after the health of a non-Muslim woman who repeatedly threw garbage over him. He condemned what was happening but said politics prevented him from doing so publicly. Later, General Musharraf, advised by other generals, reversed his announcement of changing the law’s implementation mechanism. Small crowds protested against it. Among politicians, very few exceptions include the PPP parliamentarian Sherry Rehman and, more recently, the ANP’s Bushra Gohar, who asked for its amendment and repeal.

Already sections of the judiciary have been critical of flawed judgements passed by lower courts in alleged blasphemy cases. Recently in July, Lahore High Court Chief Justice Khawaja Sharif quashed a blasphemy case against 60-year-old Zaibunnisa and ordered her release after almost 14 years in custody. According to the judgment, the “treatment meted out to the woman was an insult to humanity and the government and the civil organisations should be vigilant enough to help such people.” Surely the Bench should know the plethora of abuses that Pakistan’s minorities have suffered because of an evidently flawed law.

A message more appropriate, perhaps, would be to repeal the black law that grossly undermines the Constitution of Pakistan and indeed the teachings of Prophet Muhammad, one of the most tolerant and humane law-givers humankind has known. This environment of populist rage, fed by the distorted yet self-serving interpretation of religion principally by Zia and a populist mixing of religion and politics by a politically besieged Zulfikar Ali Bhutto, must be emphatically challenged. A collective effort to roll back these laws must come from parliament, the lawyers’ forums, the judiciary, civil society groups and the media.

[Invincible]

Blasphemy laws in Pakistan

Offenses relating to religion: Pakistan Penal code

295-B Defiling, etc, of copy of Holy Quran. Whoever will fully defiles, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable for imprisonment for life.
295-C Use of derogatory remarks, etc; in respect of the Holy Prophet. 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 Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.

298-A 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 a sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (PBUH), or any of the righteous caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet description for a term which may extend to three years, or with fine, or with both.
298-B Misuse of epithet, descriptions and titles, etc. Reserved for certain holy personages or places.
Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or by any other name) who by words, either spoken or written or by visible representation:

refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Mohammad (PBUH), as "Ameerul Momneen", "Khalifat-ul-Momneen", "Khalifat-ul-Muslimeen", "Sahaabi" or "Razi Allah Anho";

refers to or addresses, any person, other than a wife of the Holy Prophet Mohammed (PBUH), as Ummul-Mumineen;

refers to, or addresses, any person, other than a member of the family (Ahle-Bait) of the Holy Prophet Mohammed (PBUH), as Ahle-Bait; or

refers to, or addresses, any person, other than a member of the family (Ahle-Bait) of the Holy Prophet Mohammed (PBUH), as Ahle-Bait; or

refers to, or names, or calls, his place of worship as Masjid; shall be punished with imprisonment or either description for a term which may extend to three years, and shall also be liable to fine.

Any person of the Qadiani group or Lahore group, (who call themselves Ahmadis or by any other names), who by words, either spoken or written, or by visible representations, refers to the mode or from of call to prayers followed by his faith as "Azan" or redites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

298-C Persons of Qadiani group, etc, calling himself a Muslim or preaching or propagating his faith. Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or any other name), who directly or indirectly, posses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representation or in any 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 ans shall also be liable to fine.

[New Student]

Thanks Invincible Bhai

I am not a student of law, and I cant fully understand the legal language. But the laws you have pasted above seem at least to me, that there is nothing wrong with them. Can any lawyer throw light on its shortcomings?

[Invincible]

Originally Posted by newstudent

Thanks Invincible Bhai

I am not a student of law, and I cant fully understand the legal language. But the laws you have pasted above seem at least to me, that there is nothing wrong with them. Can any lawyer throw light on its shortcomings?

The worst Shortcoming:

Over the last few years the use of Section 295-C has become a weapon in the hands of sectarian warlords. While cases against non-Muslim citizens are still filed, in a good number of cases the accused are Muslims, including prayer leaders. It is not that governments have not been uncomfortable with 295-C. The governments of Benazir Bhutto, Nawaz Sharif and Pervez Musharraf all toyed with the idea of making some procedural changes but to no effect. Any further dilly-dallying will only compound the government’s difficulties.

Solution:

While the argument for a repeal of the admittedly flawed text of the law is unexceptionable, this may take a long time. What is urgently needed is a serious effort to ensure that only those who deliberately commit an offence are punished and courts are protected against mob threats.

[Khurshid.A.Mahsud]

Sherry Rehman, MNA from Pakistan Peoples Party has submitted this Amendment Bill in National Assembly of Pakistan.

AMENDMENTS TO THE BLASPHEMY LAWS ACT 2010

National Assembly of Pakistan

Amendments in Offences Related to Religion : Amendments in the Pakistan Penal Code and Criminal Procedure Code

Whereas the Constitution of Pakistan Article 25 provides for equal protection of all citizens under the law; whereas the founder of Pakistan, Quaid e Azam, Mohammad Ali Jinnah declared in his address to the First Constituent Assembly of Pakistan on 11th August 1947 that all Pakistanis shall be equal under the law, this bill, in pursuit of these objectives seeks to amend the Pakistan Penal Code 1860 and Criminal Procedure Code 1898, in the following ways:

1. Short Title and Commencement: 1]This Act may be called the Review of the Blasphemy Laws Act,

2010. 2] It shall come into force at once.

2. In section 295 A of the Pakistan Penal Code the words, “ten” shall be deleted and the word “two”

be substituted.

1.In section 295 B of the Pakistan Penal Code the words, “shall be punishable with imprisonment to life” be deleted and the words, “shall be punishable with imprisonment of either description for a term which may extend to five years, or with fine or with both” be substituted.
2.In section 295 C the words, “shall be punished with death” shall be deleted and the words, ‘’shall be punishable with imprisonment of either description for a term which may extend to ten years, or with fine or with both” be substituted.
3.In sections 295 C, 298A of the Pakistan Penal Code after the word, “Whoever’’, the words “maliciously, deliberately and intentionally” be added.
4.In section 298B of the Pakistan Penal Code after the word ‘’or by visible representation”, the words, ‘’maliciously, deliberately and intentionally”’ be added.
5.A section 203 A be added to the Pakistan Penal Code to say, “Anyone making a false or frivolous accusation under any of the sections of 295A, 295B and 295C, of the Pakistan Penal Code shall be punished in accordance with similar punishments prescribed in the section under which the false or frivolous accusation was made.’’
6.A section 298 E shall be added to the Pakistan Penal Code saying, “Any advocacy of religious hatred that constitutes incitement to discrimination or violence shall be punishable with imprisonment of either description for a term which may extent to seven years, or with fine or with both.”
9. In section 30 of the Criminal Procedure Code (CrPC), the words, ‘’as well as offences falling under sections 295A, 295B and 295C of the Pakistan Penal Code’’, be added after the words, ‘’punishable with death.’’

10. Section 190 of the CrPC be amended and subsection (3) be added containing the words, “All offences falling within sections 295A, 295B and 295C of the Pakistan Penal Code shall exclusively be taken cognizance of by the Court of Sessions and tried by the High Court”.

11. Section 193 of the CrPC be amended to add, ‘’and as expressly provided for under section 190 of the Code’’ after the words, ‘’unless the case has been sent to it under section 190, subsection (2).’’

12. In section 201 of the CrPC a Proviso be added after 201(2) to say, ‘’provided that if a complaint is made in writing to a Magistrate under sections 295A, 295B and 295C of the Pakistan Penal Code, he shall not take cognizance of it and forward it to the proper Sessions Court with an endorsement to that effect and in case the complaint has not made in writing, such Magistrate shall direct the complainant to the proper Sessions Court.’’

13. Section 202 of the CrPC be amended to add subsection (5) to say, ‘’Notwithstanding anything contained in the preceding subsections any complaint made under sections section 295A, 295B and 295C of the Pakistan Penal Code shall be filed at and taken cognizance of by a Court of Sessions and tried by the High Court, whereas the procedure laid down in the preceding subsections shall be followed.’’

14. Amendments to Schedule II of the Criminal Procedure Code shall be as follows:

Section Offence Whether the Police may arrest without warrant or not Where a warrant or a summons shall ordinarily issue in the first instance Whether bailable or not Whether compoundable or not Punishment under the Pakistan Penal Code By what Court triable
295A Use of derogratory remarks, etc in respect of holy personage Shall not arrest without warrant Warrant Bailable Not compoundable Imprisonment of either description for 2 years or fine or both (it was 2 years before amendment in 1991) High Court
295 B Difiling etc. of copy of Holy Quran Ditto Ditto Non-bailable Ditto Imprisonment of either description for 5 years or fine or both High Court
295 C Use of derogratory remarks, etc in respect of the Holy Prophet Ditto Ditto Ditto Ditto Imprisonment of either description for 10 years or fine or both High Court
203 A Anyone making false or frivolous accusations under sections 295A, 295B and 295C etc. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for 3 years or fine or both in case accusation made under 295A; imprisonment of either description for 5 years or fine or both in case accusation made under section 295B; imprisonment of either description for 10 years or fine or both in case accusation made under section 295C. Court of Sessions.
298 E Advocacy of religious hatred that constitutes incitement to discrimination or violence etc. May arrest without warrant Ditto Ditto Ditto Imprisonment of either description for seven years or with fine or both Court of Sessions

STATEMENT OF OBJECTIVES AND REASONS

Amendments to the Blasphemy Laws are long overdue. These must include a rationalization of punishments under the offences relating to religion. Vague terminology in these laws has led to their wide mis-use for the persecution of others. The sentences must be reduced so that the incentive to use these laws to settle scores is taken away. Sentences that promote justice rather than open the doors to religious persecution will be respected and applied properly, and it is these that must be rationalized in pursuit of Constitutional guarantees for protection of all citizens under the law. The ascertainment of malicious intent must also be made when charges are brought against an accused person. The absence of demonstrating premeditation in all such charges has led to a widespread abuse of such laws, where innocent people have suffered trials and tribulations at the hands of their accusers who use these laws to pressure the accused for personal or material gain. The absence of such a clause does not take into account the concept of mens rea, which is central to procedures in all criminal offences.

It is equally important that those making false or frivolous allegations under section 295A, 295B and 295C of the Pakistan Penal Code must also be punished, as misuse of religion to harm others and put them through agony is a serious offence. The Pakistan Penal Code must also be amended to include a new section for making any advocacy of religious hatred that constitutes incitement to discrimination or violence an offence.

The Pakistan Penal Code 1860 and the Criminal Procedure Code, 1898 are the major statutes relating to criminal law in Pakistan. While the PPC deals in defining all the offences and mentions their punishments, the Criminal Procedure Code acts as a procedural law, providing machinery for the punishment of offenders against the substantive criminal law. The two codes are read together, and amendments to the CrPC are essential to ensure the effectiveness of amendments to the PPC. Any bill seeking to make amendments that work for justice delivery on the ground must amend these two statutory codes together.

Amendments must be made in the Criminal Procedure Code to ensure protection of Pakistan’s minorities and vulnerable citizens, who routinely face judgments and verdicts at the lower courts where mob pressure is often mobilized to obtain a conviction. It must be ensured that a court of Sessions take cognizance of an offence made under sections 295A, 295B and 295C of the Pakistan Penal Code on complaints filed before it, so that the complainant takes full responsibility of the consequences in case the accusations are false or frivolous. All complaints under sections 295 A, 295 B and 295 C should be made before a Court of Sessions and subsequently tried by the High Court, because trials by High Courts are likely to strengthen the possibility for justice. Given that the intent of this Bill is to avoid miscarriages of justice in the name of Blasphemy, it should be the aim of a just society, as enshrined in our Constitution and Islam, to try all such cases at the High Courts which are always under a higher degree of public scrutiny.

Given that one of the principle tenets of Islam is to ensure justice to all, it is incumbent to therefore amend these man-made laws introduced in Pakistan by a dictator’s Ordinance, without parliamentary consultation or public debate.

Member in Charge

Sherry Rehman, MNA