The National Assembly Pakistan had unanimously passed the Criminal Laws (Amendment) Act 2023 on Tuesday, enhancing the minimum punishment for those who insult the sacred personalities from three to 10 years along with a fine of Rs1 million.
The statement of objectives of the bill says disrespecting the companion of the Holy Prophet (PBUH) and other sacred personalities not only promotes terrorism and disruption in the country but also hurts people from all walks of life.
The statement of objectives of the bill says disrespecting the companion of the Holy Prophet (PBUH) and other sacred personalities not only promotes terrorism and disruption in the country but also hurts people from all walks of life.
The move this week by Parliament to further strengthen the nation’s strict blasphemy laws, which are often used to settle personal scores or persecute minorities, has raised concerns among rights activists about the prospect of an increase in such persecution, particularly of religious minorities, including Christians, Ahmadiyya, Hindus, Sikhs and Shia Muslims.
Those convicted of insulting the Prophet Muhammad’s wives, companions or close relatives will now face 10 years in prison, a sentence that can be extended to life, along with a fine of 1 million rupees, roughly $4,500. It also makes the charge of blasphemy an offense for which bail is not possible.
“The punishment for disrespecting these sacred personalities was almost nil earlier,” said Abdul Akbar Chitrali, a lawmaker belonging to Jamat-e-Islami a religious political party and author of the bill.
The deputy speaker, Zahid Akram Durrani, belonging to Jamiat Ulema-e-Islam(F) mainstream religious political party of Deobandi sect, called the legislation “historic” as he congratulated the lawmakers for carrying out what many saw as their religious duty.
“This amendment bill will increase the difficulties of Shia Muslims who are facing hundreds of cases registered under Section of the Pakistan Penal Code even before the amendment. After this amendment, the right to bail in cases registered against them will also be revoked which they enjoyed before the amendment”, Said Qaisar Abbas Advocate, a Shia human rights defender and lawyer of many Shias Muslims who were falsely booked under section 298-A.
“Shia Muslims are being booked under PPC section 298-A just because of expressing their beliefs and practicing their faith. If they express that they accept only Imam Ali Ibn Abi Talib a legitimate ruler and the commandant of Believers and they don’t accept Three early caliph or even when they deny to give respect to those people who fought against their Imam Ali Ibn Abi Talib, they are blamed for committing the blasphemy and for disrespecting the sacred personalities of Islam and they are booked under the Section 298-A of PPC”, revealed another Lahore based Shia Lawyer who had requested not to reveal his identity, while talking to SMG website.
“Space for religious freedom for Shia Muslims is being shrunk not only through persecution of them through militancy by the sectarian and hatred religious groups like Ahl-e-Sunnat-Wal-Jamaat-ASWJ but through discriminatory legislations and passing the contradictory amendment bills from provincial assemblies and National Assembly. In Punjab under rule of former CM Usman Buzdar a contradictory sectarian bill was passed in Punjab Assembly which was tabled by anti-Shiite sectarian cleric who was allowed to context the election despite his belonging to banned outfit ASWJ aka SSP just for getting his vote to defeat the ‘NO Confidence Move’ against the Chief Minister Punjab. That bill prohibits anyone from adding the suffix ‘Peace Be Upon Him ‘(alaihissalam) to the end of the Ahlul Bayt’s names which is centuries old sacred practice of Shi’a Muslims and of majority Sufi Muslims from Sunni School of thought. Recently the Criminal Laws Pakistan amendment bill 2023 passed from National Assembly is such legislation which directly hits Shia Muslim Community in Pakistan because Anti-Shia sectarian organizations and their members has started very organized campaign of registering FIRs against Shia Muslims people over not quitting their fundamental beliefs which distinguish Shia Muslim faith from Sunni Muslim faith. In fact, Anti-Shia sectarian elements declare the Shiite faith of Imamate and their renunciation of Caliphate of primary three Caliphs Abu Bakar, Umar Ibn Khattab and Uthman Ibn Affan and all those who fought against Ali Ibn Abi Talib (A.S) ‘Blasphemy’ and ‘disrespect’ and in such matters Police register First Information Report -FIR under the 298-A of Pakistan Penal code-PPC. In the British colonial era, British rulers introduced 298 in Criminal Procedure Code of 1860. According to 298 of CPrC of 1860, Uttering words, etc., with deliberate intent to wound religious emotions was Bailable and non- cognizable offence but in era of Dictator Zia-ul-haq section 298-A of PPC was introduced while making it Bailable and cognizable offence of disrespecting the Companions, wives and other family members of the Holy Prophet Peace Be Upon Him and increased the punishment from 1 year to three years. Now the current amendment made in 298-A has made the offence non-bailable even in the case of gross disrespect of Primary sacred personalities of Islam three-year imprisonment has been replaced with Life-Imprisonment. Here the problem is in fact that what are sacred beliefs in Shia Muslim Community, those are disgusting and even are like committing blasphemy or disrespecting views. Shia Muslims are first victims of Section 295-A (Deliberate and malicious acts intended to outrage religious feelings of any class) and Section 298-A”, Said Gul-e-Zahra Rizvi, the prominent Shia Human rights defender.
Not only Shia Muslim human rights defenders are showing their concerns over the said new Proposed amendment in Criminal Laws but other defenders too.
“The new legislation is very worrying,” said Saroop Ijaz, the senior counsel for Human Rights Watch in Asia. “Pakistan’s existing blasphemy laws have enabled and encouraged legal discrimination and persecution in the name of religion for decades not only against religious minorities like Christian, Shia Muslims, Ahmadiyya, Hindus, Sikhs etc.
The Human Rights Commission of Pakistan (HRCP) on Friday expressed its deep concern over a recent amendment in the blasphemy laws aimed at increasing punishment for disrespect of Ummahatul Momineen, Ahl-e-Bait, Khulfa-e-Rashideen and Sahaba-e-Kiram.
“While the stated aim of this bill is to curb sectarianism, HRCP believes it is likely to exacerbate the persecution of Pakistan’s beleaguered religious minorities and minority sects,” read a press statement from HRCP chairperson Hina Jilani.
The bill also makes the offence non-bailable, the HRCP said, thereby directly violating the constitutionally guaranteed right to personal liberty under Article 9.
“Given Pakistan’s troubled record of the misuse of such laws, these amendments are likely to be weaponized disproportionately against religious minorities and sects, resulting in false FIRs, harassment and persecution. Moreover, increasing the penalty for alleged blasphemy will aggravate misuse of the law to settle personal vendettas, as is often the case with blasphemy allegations,” said the HRCP.
“At a time when civil society has been calling for amendments to these laws to prevent their abuse, strengthening this punishment will do the exact opposite,” it added.
References:
1- https://tribune.com.pk/story/2396990/blasphemy-law-amendment-to-create-room-for-persecution-hrcp
2- https://www.aljazeera.com/news/2017/6/12/pakistan-death-penalty-for-blasphemy-on-facebook
3- https://www.youtube.com/watch?v=8xCqwfMjWCI
4- https://hrcp-web.org/hrcpweb/amendments-to-blasphemy-laws-create-further-room-for-persecution/
