The National Assembly of Pakistan passed the Criminal Law Amendment Bill 2023 on January 17, 2023, though without any discussion. The bill, when passed by Senate, will add to section 298-A of the Pakistan Penal Code (PPC) a minimum imprisonment of 10 years, extendable to life imprisonment, and a fine.
Further, the bill will make the offences under section 298-A non-bailable. Removing the option of release on bail will increase the number of prisoners facing different blasphemy charges in overpopulated jails in Punjab.
Section 298-A is one of the five sections on blasphemy in PPC. The other four sections are 295-B and C, 298-B and C. The first one deals with the offence of insulting the Holy Quran and the second to insulting the Holy Prophet (PBUH) – that carry life imprisonment and capital punishments respectively. The latter two sections penalise preaching the Ahmadi faith and an Ahmadi claiming to be a Muslim.
The rationale presented in the statement presupposes: a) crimes against property can be compared with crimes against religion or repute; and b) the heavier punishment can curb hate crimes or incitement to violence despite stringent laws dealing with terrorism and cybercrimes.
The National Assembly unanimously passed the bill moved by Maulana Abdul Akbar Chitrali of Jamaat Islami in a session that lasted only an hour and 19 minutes. In his Statement of Object and Reason, Chitrali wrote, “A few people are involved in blasphemy on internet and social media, etc. and they upload such pages and messages covertly (sic). However, due to Capital Punishment in section 298 C [probably referring to section 295 C], the ratio of people involved in blasphemy of Holy Prophet (P. B.U.H) is very low.”
His statement is vague and carries contradictions, because if “the ratio of people involved in blasphemy of Holy Prophet (P B.U.H) is very low” then why propose such a legislation.
The following paragraph states, “The fact may be observed that disrespecting to (sic) the Companion of Holy Prophet (P.B.U.H) and other sacred personalities not only promotes the terrorism and disruption in the country but it also hurts the people from all walks of life.” The statement does not substantiate how it promotes terrorism? Rather, the statement lacks condemnation of terrorism and confirms that blasphemy laws have promoted religious intolerance.
The rationale presented in the statement presupposes: a) crimes against property can be compared with crimes against religion or repute; and b) the heavier punishment can curb hate crimes or incitement to violence despite stringent laws dealing with terrorism and cybercrimes.
Section 298-A was the first induction in the PPC in 1980 through which General Ziaul Haq appeased the Sunni sectarian elements and suppressed the Shia uprising against Zakat and Ushr Ordinance on July 5, 1980. Sectarianism has been on the rise since his presidential order XL IV of 1980 inserted section 298 A in PPC.
There is an ample evidence of abuse of blasphemy laws which members of National Assembly choose to ignore. The power vacuum created since the regime change in April last year has broadened the scope of induction of religious intolerance in the policy framework. The recent incident of lynching of a 35 year old man over blasphemy in Nankana Sahib shows that the Frankenstein created by the state apparatus is now punishing the state itself.
What blasphemy Law?
The Quran informs the reader that the Prophet was mocked, ridiculed (37:12) like the messengers before him (13:32; 15:11; 21:41). He was called an inventor, forger, a liar (16:101; 25:4), a man who was bewitched (17:47; 25:8), that he was a possessed poet (37:36). Insults were even hurled at the Quran, in that it was called ‘muddled dreams’ (21:5), ‘foreign, outlandish’ (16:103), an invention, a forgery (38:7) and tales of the men of the past (25:5).
However, the single most grave blasphemy was undoubtedly the blasphemy against God Himself.
7.180 “The most beautiful names belong to God: so call on him by them; but shun such men as use profanity (Arabic: Yul’hiduna) in His names: for what they do, they will soon be requited”
Arabic: Yul’hiduna – Blaspheme, deviate, violate, distort, pervert.
At no point did any of these insults attract the death penalty.
Rather, the advice was:
38.017 “Be patient over what they say and remember our servant David, the man of strength for he was repeatedly turning (to God)”
20.130 “Therefore be patient with what they say, and celebrate (constantly) the praises of thy Lord, before the rising of the sun and before its setting, yea, celebrate them for part of the hours of the night, and at the sides of the day: that you may have (spiritual) joy”
Whether repeated insults and evil transgression which incite hatred, terrorism and evil in the land can be classed as ‘fasaad’ remains a matter for the state to decide. However, this is very different from the general ‘blasphemy’ understood by many Muslims today who believe it correct to murder anyone for uttering anything against the Prophet.