The history of blasphemy laws in Pakistan can be traced back to the colonial era in British India, when sections 295, 296, 297, and 298 were introduced in 1860, with the aim of preventing religious violence between Hindus and Muslims.
In 1927, section 295-A was added to this list.
However, it was under the military rule of General Zia-ul-Haq (1977-1988) that additional laws against blasphemy were introduced, specifically targeting the minority Ahmadiyya Muslim community. These laws included sections 295-B (1982), 295-C (1986), 298-A (1980), 298-B, and 298-C (both in 1984).
Currently, the most frequently used blasphemy laws in Pakistan’s Penal Code are 295-A (outraging religious feelings), 295-B (desecrating the Quran), 295-C (defiling the name of the Prophet Muhammad), and 298-A (defiling the names of the family of the Prophet Muhammad, his companion, or any of the caliphs).
In 1980, the Federal Shariat Court was established, which had the power to examine and decide whether any law or provision of law was repugnant to the injunctions of Islam.
In 1990, the Federal Shariat Court ruled that the death penalty was mandatory under 295-C, which became binding on all courts in Pakistan when the government withdrew its appeal.
However, despite being introduced with the intention of protecting religious sentiments, these laws have been subject to criticism for violating individual rights, including the right to life, freedom of thought, conscience, and religion or belief, and freedom of opinion and expression.
The laws have often been misused for motives such as personal or religious disputes, professional rivalry, hostility towards religious minorities, and for economic gains such as money and land. This has been acknowledged by some courts in their judgments acquitting those accused of blasphemy or quashing the charges levelled against them.
It is imperative that steps are taken to address these issues and prevent the misuse of blasphemy laws, as they not only violate individual rights but also have the potential to incite violence and increase tensions within society.
Pakistan’s blasphemy laws are in clear violation of international human rights standards, and I advocate for their eventual abolition. Recognising the sensitive nature of this issue in the country, I think immediate reforms to the legal framework are necessary to prevent the abusive application of these laws. The government must implement effective safeguards to ensure impartial investigations, fair trials, and protection against violence and intimidation.
This includes requiring investigations by a high-ranking police officer, obtaining a warrant before arrest, and commuting the mandatory death penalty. Cases involving prisoners with mental or intellectual disabilities must be reviewed immediately.
The ultimate goal is to create a just and equitable society where freedom of thought, conscience, and religion or belief are respected and upheld.
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