IEW: Laws that insult reason and justice — II —Peter Jacob - Saturday, December 11, 2010

Source : www.dailytimes.com

Can any democratically elected government allow citizens to be kept hostage to the whims of a handful of organisations trying to keep people blind to the facts in the name of faith? If so, can they even justify their claim about working to eliminate extremism from the country?

Blasphemy, gustakhi and shutm, all three are borrowed terms. The Penal Code of Pakistan calls this chapter ‘Offences relating to religion’. Not all sections of the chapter but only sections 295B and 295C, 298A, 298B and 298C, qualify to be termed ‘blasphemy laws’ because they are religion-specific and the penalties surpass far beyond the damage of the supposed crime, i.e. ‘hurting the feelings’ of citizens.

It is important to note that four out of five additions to the penal code came through presidential ordinances of a martial law administrator — later validated through the 8th Amendment to the constitution that legitimised General Ziaul Haq’s illegal rule and actions; hence this whole process was thoroughly undemocratic. However, the sequence of their introduction to the law itself is revealing.

The first induction was section 298A in 1980 that sought to punish any derogatory remarks against any wife (ummul momineen), members of family (ahle-e-bait), first four caliphs (khulfa-e-rashideen) or companions (sahaba) of Prophet Mohammad (PBUH) with three years of imprisonment and fine or both. This section, prima facie, aims to deal with inter-sectarian issues and hate speech. However, 1980 was the year when Zia planted militant sectarian organisations of Sunni background after a reaction from the Shia community against the Zakat and Ushr Ordinance. The apparent intent of this law was contrary to his action. The Iranian Revolution was just one year old and the anxiety of the neighbouring dictatorship under Zia could be the reason for legislation on sectarian lines. The other noticeable aspect is that the Prophet Mohammad’s (PBUH) respect was not yet considered for legislation till this time, in fact his third year in power.

The second induction was 295B in 1982 that dealt with the offence of defiling of the Holy Quran, which was punishable with a life sentence. There is no evidence that any situation demanded this law to be promulgated.

Sections 298B and 298C came in 1984, which banned misuse of Islamic epithets, etc., reserved for Muslims and calling himself a Muslim or preaching or propagating his faith by any person belonging to the Ahmedi faith. These two amendments came in the 10th year after parliament lead by Mr Zulfikar Ali Bhutto declared Ahmedis non-Muslims. Zia wanted not only to appease certain clerics but also wanted to show that he could compete or rather go further than Bhutto in persecution of the Ahmedis. Majlis-e-Khatm-e-Nabuwat claimed these laws coming into existence as their victory later on, which means they must have made some contribution to this portion of the blasphemy laws.

The most abused section, 295C, dealing with the use of derogatory remarks, etc., in respect of Prophet Muhammad (PBUH), was the latest addition in 1986. While Mohammad Ismail Qureshi, a lawyer of Majlis-e-Khatm-e-Nabuwat claimed responsibility for the draft, a Jamat-e-Islami member of the National Assembly moved the bill in parliament. It carried the death sentence or life imprisonment as punishment. The Federal Shariat Court in 1991 cancelled the option of life imprisonment after a petition asking for the same.

The people are made to believe that it is only section 295C that the clerics are trying to protect, whereas these laws incrementally inducted in the penal code show an irrational pattern and order as far as respect of the personage the laws sought to protect is concerned. If the Sharia was clear on the subject, why was it not known on the very first instance of legislation? Section 295C should have come first, not last.

Dozens of innocent lives lost, properties looted, housed set alight, people displaced, uncalled for rigours of prolonged litigation and years of detention took place and thousands of people have suffered due to these laws. These incidents are blots on our justice system and conscience as a nation, something that the independent and free judiciary should look into, but not to the disadvantage of the already suffering masses.

It is time that Pakistanis should move to ‘understand’ not only the laws and policies that govern them but also their consequences. The consequences that we have seen, over and over again, are in the form of religiously motivated lawlessness. True that the laws have had extremely adverse effects on religious minorities, but Muslims too have suffered under these laws in huge numbers. Can any democratically elected government allow citizens to be kept hostage to the whims of a handful of organisations trying to keep people blind to the facts in the name of faith? If so, can they even justify their claim about working to eliminate extremism from the country?

The bill moved by Sherry Rehman has brought an opportunity to rationalise the blasphemy laws. The government and opposition parties can even try and improve the bill by their input in parliament. There is no doubt that the future of this bill holds the key not only to the environment of religious freedom for all citizens but also to the future of democratic development.

(Concluded)

The writer is a Lahore-based human rights activist and can be reached at jacobpete@gmail.com

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