Overview: The report titled “Assessing Blasphemy and Related Laws on Religious Freedom in Pakistan,” authored by Sema Hasan, a Policy Analyst, has been uploaded to the official website of the United States Commission on International Religious Freedom.
While the report provides valuable insights into the challenges posed by blasphemy laws in Pakistan, it regrettably overlooks a critical aspect concerning the vulnerability of the Shia Muslim community. This community, comprising over 25,000 members, including women and children, is disproportionately affected by blasphemy accusations, an aspect not adequately addressed in the report.
Despite shedding light on the persecution faced by the Ahmadiyya and Christian communities, the report fails to acknowledge Shia Muslims as one of the most victimized religious groups under Blasphemy Laws. Specifically, it omits details on attacks targeting Imambargahs, Shia Mosques, Ashura Processions, and Majalis-e-Aza (morning gatherings). Furthermore, it neglects to discuss specific cases, such as those of Taimur Raza and Waseem Abbas, prominent Shia figures imprisoned under Section 295-C of Blasphemy Laws, facing death sentences with their cases pending in the Supreme Court.
The assessment also overlooks the historical context, failing to address crucial amendments made to blasphemy laws during the Zia-ul-Haq dictatorship, notably the introduction of Article 298-A in the 1980s. This amendment directly impacts the religious freedom of Shia Muslims, enabling their implication under Blasphemy Laws for practicing their faith and expressing thoughts about sacred figures in Sunni Islam.
One glaring omission in the report is the incident in December 2023, where a Shia Muslim from Khanewal, on bail in a blasphemy case under Article 298-A, was targeted and killed by a fanatic Sunni Deobandi Muslim affiliated with Ahle Sunnat Wal Jamaat (ASWJ). This incident exemplifies the gravity of the situation faced by Shia Muslims but is unfortunately absent from the report. ( visit URL: https://shiamuslimgenocide.com/parliament-legalized-the-shia-persecution/ )
As Shia Rights Defenders, we assert that the report inadequately addresses the profound impact of Blasphemy Laws on Shia Muslims in Pakistan. By omitting critical information on their persecution, the report may lead to an inaccurate understanding by the U.S. government of which religious communities bear the brunt of these laws in Pakistan. Shia Muslims not only face illegal restrictions on religious practices such as Majlis-e-Aza and Ashura processions but also unjust branding of their rituals as blasphemy. They constitute the largest religious community facing prosecution under blasphemy laws in Pakistan.
To rectify these oversights, we propose a comprehensive project study on the registration of blasphemy cases against Shia Muslims in Pakistan. Such an initiative is crucial to revealing the extent of cases registered under Article 295-A and the alarming number of Shia Muslims killed under false charges of blasphemy. This comprehensive examination would contribute significantly to a more nuanced understanding of the challenges faced by the Shia Muslim community in Pakistan.
Explore the articles provided at the following links to gain insights into how blasphemy laws are employed against Shia Muslims in Pakistan:
Assassination of Shia Elegy-Reciter Amidst Blasphemy Allegations
Syed Zeeshan: Another Shia Muslim Sentenced to Death for Blasphemy in WhatsApp message
https://shiamuslimgenocide.com/another-shia-muslim-sentenced-to-death-for-blasphemy/
Tragic Killing of Shia Muslim Umair Ali Sparks Outrage: Media Report on Blasphemy-Related Assassination in Khanewal, Pakistan
https://shiamuslimgenocide.com/shia-muslim-umair-ali-assassination-outrage-khanewal-pakistan/
An Open Appeal to Pakistani Authorities: Safeguarding Shia Rights and Unity
https://shiamuslimgenocide.com/sectarian-persecution-justice-appeal-pakistan/
Prominent Shi’a Cleric Faces Blasphemy Charges in Khairpur, Pakistan
https://shiamuslimgenocide.com/prominent-shia-cleric-faces-blasphemy-charges-in-khairpur-pakistan/
Poor Sindhi Shia booked under Blasphemy Law in Khairpur Sindh
https://shiamuslimgenocide.com/poor-sindhi-shia-booked-under-blasphemy-law-in-khairpur-sindh/
Shia cleric charged in Gilgit-Baltistan under a contentious modified blasphemy law
https://shiamuslimgenocide.com/shia-cleric-implicated-under-blasphemy-laws/
Pakistan’s Parliament Legalized the Shia-Persecution
https://shiamuslimgenocide.com/parliament-legalized-the-shia-persecution/
“Provision of 298-A in Pakistan Penal Code declared the ‘Tabarra’ a blasphemous act first time in 1980 in the era of dictator General Muhammad Ziaulhaq and that had made the practice of Tabarra a crime. It was the provision directly contradictory to the Article 20 of section of Fundamental Rights included in the constitution of 1973.”
Violence against Shias of Pakistan: a persistent illness?
https://shiamuslimgenocide.com/a-persistent-illness/
Shia Phobic rallies by banned outfit ASWJ
https://shiamuslimgenocide.com/anti-shia-rallies-by-aswj/
Local administration sealed Imambargahs and banned the Majalis-i-Aza in Gujrat, Rawalpindi, Syed Kasra and Pind Dadan Khan of Punjab
https://shiamuslimgenocide.com/imambargahs-sealed-ban-on-azadari-in-gujrat-s-village-jasuki/
Taimur Raza: A Young Shia Muslim Condemned to Death Under Blasphemy Law
https://www.hrw.org/news/2017/09/18/pakistan-text-message-can-lead-death-sentence
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Assessing Blasphemy and Related Laws on Religious Freedom in Pakistan
By Sema Hasan, Policy Analyst
In August 2023, a mob of hundreds of individuals attacked the Christian community of Jaranwala, Pakistan, damaging dozens of churches and homes following accusations of blasphemy. The attacks erupted after two Christians were accused of desecrating the Qur’an, a criminal offense under Pakistan’s blasphemy law. The violence caused hundreds to flee their homes and resulted in the arrest of over 100 people. The attacks in Jaranwala represent the most severe attack against Pakistani Christians in recent years and coincides with the Pakistani government’s efforts to strengthen the country’s existing blasphemy legislation.
In Pakistan, blasphemy accusations, whether true or false, often lead to lengthy prison sentences on death row and solitary confinement, foment violence towards religious minorities, and in some cases, the killing of the accused. Many instances illustrate the use of blasphemy allegations to settle personal vendettas, leading to acts of violence before charges can be drafted or presented to a court. In many cases, there is no punishment for those who offer false accusations or perpetrate vigilante violence. According to advocacy groups, more than 2,100 people have been accused of blasphemy in Pakistan since 1987, with 40 currently on death row and at least 89 killed by mobs for blasphemy accusations. Rather than taking steps to mitigate the violence, however, the Pakistani government has recently undertaken efforts to strengthen the country’s existing blasphemy legislation.
This report describes the increasing use of Pakistan’s blasphemy law in 2023 to target individuals based on their religion or belief, including its disproportionate use against the country’s religious minority populations. It highlights select examples of recent blasphemy cases, including against Pakistan’s Ahmadiyya Muslim community, and provides an overview of Pakistani officials’ efforts to strengthen and justify the legislation both domestically and on the international stage.
Pakistan’s Blasphemy Law
Overview
Pakistan inherited its blasphemy law from British colonial rulers, who criminalized the use of derogatory remarks against religious groups or religious feeling. This law was adopted into Pakistan’s Penal Code in 1947 and later strengthened under therule of General Muhammad Zia ul-Haq in the 1980s to punish anyone who insults Islam, with harsh penalties
that can include a death sentence or imprisonment for life. Individuals can be charged with blasphemy for using
derogatory remarks against Muslim holy personages (Section 295-A), defiling or desecrating the Qur’an
(Section 295-B), or insulting the Prophet Muhammad (Section 295-C).
Under the current legislation, as well as the Prevention of Electronic Crimes Act, Pakistanis, including children,
the mentally ill, and the elderly, have been charged with blasphemy. Alleged blasphemous actions include sending
or proliferating text messages deemed insulting to the Prophet Muhammad, as well as sharing, liking, or writing
posts on social media considered insulting to Islam.
Individuals are often accused of damaging or harming the Qur’an or other Islamic texts. Pakistan has also censored organizations for material
deemed hurtful to religious sentiment in the country. Notably, in February, the Pakistan Telecommunication
Authority (PTA) imposed a nationwide block of Wikipedia, claiming the platform had refused to remove
“blasphemous content.” Under the current law, the Ministry of Religious Affairs is responsible for reviewing
internet traffic and reporting blasphemous content to the PTA. While the ban on Wikipedia was removed three
days later, it highlights the Pakistani government’s scope in applying blasphemy legislation.
Those accused of blasphemy often face mob violence, imprisonment, or the death sentence. While the
government has not yet executed anyone for blasphemy, nonstate actors have killed alleged blasphemers. Those
accused often languish in jail with limited opportunities for bail. Several of Pakistan’s religious political parties
champion the country’s blasphemy law as a way to garner additional votes. In contrast, former government officials
who were vocal supporters of reforming the blasphemy law have been killed. Former Prime Minister Imran
Khan, while criticized for his support and defense of the blasphemy law, was also accused of blasphemy by
political opponents.
Pending Amendment to the Blasphemy Law In January 2023, Pakistan’s National Assembly, the lower
house of Parliament, unanimously passed an amendment to the country’s blasphemy law. Introduced by a member
of the religious political party, Jamaat-e-Islami, the private member’s bill expands punishable offenses
and offers harsher punishments for blasphemy. The amendment seeks to expand and strengthen punishments
for condescending remarks against “holy persons,” including the Prophet Muhammad’s family, wives, and
companions, and the four caliphs. It seeks to increase the possible range of punishment to a minimum sentence
of three years and a fine, up to life imprisonment, while simultaneously making the offense non-bailable. In
August, the Senate passed the bill. While the President must sign the law for it to go into effect, human rights
groups continue to express concern about the impact of the legislation on religious minorities. A federal minister
has urged Pakistan’s caretaker government to undo the recent amendment, but the issue has yet to be taken up.
Increase in Blasphemy Cases
Notable Cases and Mob-Related Violence
As noted in USCIRF’s 2023 Blasphemy Legislation Factsheet, Pakistan is one of the strictest and most
frequent enforcers of blasphemy laws. USCIRF maintains the Frank R. Wolf Freedom of Religion or Belief Victim’s
List, which identifies select victims targeted based on their religion. As of December 2023, the database includes
the cases of 56 individuals in Pakistani custody, 48 of whom are detained under blasphemy charges. Often,
however, the blasphemy law is used in Pakistan to settle individual feuds or for political purposes. As a result, false
accusations are not uncommon. In April, for example, a Christian woman, Musarrat Bibi, was falsely accused of
burning pages of the Qur’an at a school where she was employed. Bibi was arrested, despite being illiterate and
unable to identify Qur’anic verses. In a rare decision, the case was ultimately dismissed after authorities learned
accusations were made by rivals of Bibi who held grudges against her for holding a management position within the
school canteen. Those responsible for putting forth the accusations, however, were not punished.
In such rare cases where accused have been acquitted, they continue to face significant challenges, including
social stigmatization and threats. One of the most wellknown cases is that of Asia Bibi, who was imprisoned
for eight years on death row and was acquitted of blasphemy charges in 2018. Riots and violence followed
her release, with public calls for her execution. In 2023, Bibi reportedly continues to face a lack of support while
in exile, despite the global attention brought to her case. This type of persecution and violence is ongoing in
Pakistan. In November, for example, a Christian couple was granted bail after being charged with blasphemy
for posting Bible verses on social media. Once released on bail, however, the couple turned to hiding and must
relocate frequently to avoid mob violence. In many instances, vigilante groups and perpetrators of
targeted violence against those accused of blasphemy operate with impunity, even in the presence of police forces.
In February, at least 50 men stormed a police station in Punjab to kidnap a Muslim man, Muhammad Waris, who
had been accused of desecrating the Qur’an. Initially, after he was accused of blasphemy, locals reportedly planned to
hang Waris, but authorities transported him to the police station in Nanaka Sahib. Once he was taken into custody,
however, the mob stormed the police station, removed Waris from his jail cell, beat him, and lynched him.
Groups, such as the Human Rights Commission of Pakistan (HRCP), argue that the threshold for evidence
in blasphemy cases should be raised to mitigate their weaponization. In 2023, Pakistan’s Senate Standing
Committee on Human Rights noted that 215 individuals have been arrested under blasphemy charges, with the
largest number of arrests during the year occurring in Sindh and Punjab provinces. According to the
Committee, 179 individuals are currently on trial throughout Pakistan. In Punjab alone, however, Prison
Department data indicates that 551 individuals were imprisoned for blasphemy, including 506 adults undertrial
and 45 convicted, as of November 2023. Of those imprisoned, an estimated 40 individuals are on death
row. This includes Junaid Hafeez, a Fulbright scholar and lecturer at Bahauddin Zakariya University who
was arrested in 2013 after his students accused him of insulting the Prophet Muhammad on social media.
Hafeez has been held in solitary confinement since 2014, when his first lawyer was murdered. In 2019, he was
sentenced to death and continues to languish in prison.
Jaranwala Attacks
The August attack on Christian communities in Jaranwala is a notable example of how blasphemy
accusations can foment widespread violence towards religious minorities. Christians make up less than 2
percent of Pakistan’s population, but Jaranwala, located in Faisalabad District in Punjab, is home to over 5,000
Christians. On August 16, a mob burned at least 24 churches, and raided and damaged several smaller
chapels and homes. A Christian graveyard was also desecrated, with community leaders noting that violence
lasted for 10 hours without police intervention.
The attack in Jaranwala occurred after two Christians were accused of committing blasphemy by desecrating
a Qur’an. Following the accusations, members of the Tehreek-i-Labbaik Pakistan (TLP) began making public
announcements from mosques for individuals to gather in Jaranwala. Reports indicate the mob was composed of
Muslims from outside Jaranwala. As violence escalated local Muslims offered shelter and warning to their
Christian neighbors, painting Qur’anic verses on the doors of Christian homes in an attempt to spare them.
Prior to the mob attack, Muslims and Christians had lived together peacefully in the area.
Demonstrations condemning the violence and Pakistan’s blasphemy law took place in Karachi and Lahore. Both
the caretaker prime minister and chief minister visited Jaranwala following the attacks, promising compensation
for damages and repairs to all the churches. As of November 2023, however, not all damaged churches had
been repaired.
Despite authorities arresting close to 200 people involved in the attack, reporting indicates that fear among the Christian
community persists. Smaller churches are unable to afford sufficient protection, and in some instances, services are
conducted outside of damaged churches. Additionally, many Christian children in the community have not
returned to school out of fear of recurring violence.
In the aftermath of the attacks, assailants have continued to accuse religious leaders in the region of blasphemy
and to violently target them, as highlighted by a recent assassination attempt against a local pastor. Pastor
“Vicky” filed a police report claiming that unknown men had written Islamic slogans on his church. He was
then approached by two men who threatened to kill him, accusing him of insulting the Prophet Muhammad.
Three days later, the men intercepted the pastor as he was returning from a worship service and shot him. As he
was recovering, authorities falsely accused Pastor Vicky of staging the shooting, forced him to record a video
confessing, and then placed him in police custody. He had to pay the police bail money to be released. The assailants
who attempted to assassinate him are still at large.
Anti-Ahmadiyya Law Discrimination in Law and Practice
In addition to blasphemy, Pakistan’s penal code includes strict punishments against the Ahmadiyya Muslim
community, which comprises nearly 4 million people in Pakistan. In 1984, President Zia ul-Huq introduced
Sections 298-A and 298-B, which make it a criminal offense for Ahmadis to call themselves Muslims, use Muslim
practices in worship, or share their faith. Ahmadis are therefore prohibited from publicly declaring their faith,
obtaining material related to their faith, citing the Qur’an, building mosques, referring to their places of worship as
mosques, or making the public call for prayer (the adhaan).
Since Pakistani citizens are required to declare their religious affiliation to obtain official documents, such as
passports, birth certificates, and national identification cards, Ahmadis must sign a statement declaring that
they are not Muslim. Additionally, to register to vote, Ahmadis must either renounce their faith or be placed on
a separate electoral list.
Targeted violence and discrimination against the Ahmadiyya community has intensified throughout 2023.
In March, the District Bar Council of Gujranwala in Punjab Province issued a notice stating that all lawyers
who seek admission to the bar council must provide an affidavit condemning Mirza Ghulam Ahed Qadiani,
the founder of the Ahmadiyya faith, and declare Ahmadis as non-Muslim. Ahmadi lawyers already face
discrimination, physical assault, and detainment, as demonstrated by the recent case of Syed Ali Ahmad Tariq.
Tariq was accused of violating Section 298-B of Pakistan’s Penal Code for signing a court document using the
religious prefix “Syed.” In a July letter, representatives from the Lahore High Court Bar Association (LHCBA) asked the Punjab home
department to prevent the Ahmadiyya community from performing animal sacrifices on Eid al-Adha. That
same month, three Ahmadis were arrested and charged under Section 298-C with “hurting Muslim sentiment”
for sacrificing animals inside their homes on Eid. A total of five First Instance Reports (FIRs) were filed
against Ahmadis. These charges stand in contrast to a 2022 judgment by the Supreme Court, which ruled that
obstructing “non-Muslims” from practicing their religion within their places of worship is against the constitution.
Places of Worship
In September 2023, the Lahore High Court ruled that Ahmadiyya mosques built before 1984 cannot
be destroyed or altered. Despite this decision, several structures have been vandalized and threatened. In some
instances, police have been complicit by failing to stop perpetrators from vandalizing minarets. This includes
an April attack against the Ahmadiyya mosque in Ghooghiat, Punjab. The mosque, which is over a century
old, had several minarets demolished by vigilantes in the presence of police. Similarly, in May, a mob of 150 people
vandalized an Ahmadiyya mosque in Halqa Rehman, destroying four minarets. In July, anti-Ahmadiyya
activists publicly called for the destruction of minarets at Ahmadiyya mosques in Jhelum, coinciding with the
10th day of Muharram. Political parties, such as the TLP, continue to use hateful and inflammatory rhetoric
against the Ahmadiyya community and to call for the vandalism of Ahmadiyya mosques.
United Nations Resolution
In addition to domestic efforts to strength blasphemy legislation, in July, Pakistan presented a draft resolution
to the United Nations Human Rights Council (UNHRC) in response to a Qur’an burning by far-right political
activists in Sweden. Following the Qur’an burning in Sweden, thousands of Pakistani Muslims protested in
Lahore and Karachi to condemn the act. The UN draft put forth by Pakistan condemned “recurring acts of
public burning of the Holy Qur’an in some European and other countries.” The resolution further called on
countries to take steps to “prevent and prosecute acts and advocacy of religious hatred that constitute incitement
to discrimination, hostility or violence,” which Pakistan and other Organization of Islamic Cooperation (OIC)
countries believe includes burning the Qur’an. The resolution passed with 28 votes in favor, 12 against, and
7 abstentions.
The desecration of any holy book or object for expressive purposes is deeply offensive and should be condemned,
but it should not be criminally punished. Both freedom of expression and religious freedom protect expression
that some find offensive. Under international human rights law, speech can be criminalized only if it amounts
to incitement to imminent violence—meaning it directly urges listeners to act violently and they are likely to
do so imminently. Speech that offends other peoples’ religious beliefs or feelings should be countered through
condemnation, education, and dialogue, under the consensus approach of UN Human Rights Council
Resolution 16/18 that has been followed on these issues since 2011.
Conclusion
Blasphemy legislation remains a key challenge to the protection of religious freedom in Pakistan. In its 2023
Annual Report, USCIRF outlined a number of steps the U.S. government should take to address religious freedom
issues in Pakistan, including entering into a binding agreement under Section 405(c) of the International
Religious Freedom Act (IRFA) ,with the Pakistani government. This agreement would be designed to
encourage concrete steps to address religious freedom in Pakistan, including repeal of blasphemy and anti-
Ahmadiyya laws. In the absence of repeal, the U.S government should encourage the Pakistani government
to enact reforms to ensure higher thresholds of evidence and proper investigation of blasphemy cases, in addition to
making blasphemy a bailable offense. It also should ensure that false accusations and perjury are investigated and
punished under Pakistan’s Penal Code. In a November press release, USCIRF further called on Pakistani authorities to
ensure that the Lahore High Court Ruling on Ahmadiyya mosques is observed and that all citizens have equal access
to vote regardless of their religious identity.
URL: https://www.uscirf.gov/publications/assessing-blasphemy-pakistan
Note: Ali Abbas Taj, a US-based human rights defender and former editor of Let Us Build Pakistan (LUBP), a prominent blog on Shia genocide in Pakistan.
