Thursday, March 11, 2021

The Blasphemy Law of Pakistan and its Implications

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Raya Tripathi

Article Title

The Blasphemy Law of Pakistan and its Implications

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Global Views 360

Publication Date

March 11, 2021

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Representative Image, Pakistani Flag

Representative Image, Pakistani Flag | Source: Hamid Roshaan via Unsplash

In Pakistan, Blasphemy results in a capital punishment in majority of cases. It is perhaps considered a crime worse than terrorism. A crucial case in point is the fact that the Pakistan’s Anti-Terrorism Court gave around 15 years jail term to two close aides of Hafiz Saeed—chief of the terrorist organization—Lashkar-e-Taiba—and mastermind behind 2008 Mumbai terrorist attacks—where at least 150 innocent people lost their lives.

Similarly, Zakiur Rehman Lakhvi—Lashkar-e-Taiba’s operation commander and another important figure involved in the 2008 Mumbai attack—was sentenced to 15 years in jail period. Not to mention—this happened amidst the international pressure on Pakistan for letting terrorists to function and roam freely within their country.

While something as violent as terrorism is dealt with lenient punishments, there are draconian laws for blasphemy in the country. Moreover, one can be accused of committing blasphemy—doesn’t matter if they did it or not—and might not even face a fair trial.

This article discusses what are the blasphemy laws and what are their implications while looking at some specific cases.

What are Pakistan’s Blasphemy laws?

What's called Blasphemy law today has its origins in the colonial era. The “offences relating to religion” were introduced by British in 1860, and were later expanded in 1927. These were sections 295 and 295-A from the Indian Penal Code. The laws were made to avoid religious disturbances, insult religious beliefs, or intentionally destroy or desecrate a place or an object of worship. Under the 295 and 295-A, the convicted were to be given a jail term from one year to ten years—with or without a fine.

Pakistan ended up inheriting these laws after the partition of India in 1947.

The laws were amended in 1982 and another clause was added which prescribed life imprisonment for desecration of the Quran intentionally. Another clause was added in 1986 to punish blasphemy against the Prophet Muhammad through imprisonment for life or death. These clauses, were added under General Zia-ul-Haq’s military regime, in an order to make the laws more “pro-Islam.”

Since then, this law has often been used to persecute people from minority communities—such as the Ahmadiyas, Shias, Christians, and Hindus—they have been accused of blasphemy without much evidence.

Infamous cases and implications of blasphemy in Pakistan

One of the famous cases was of Asia Bibi, which grabbed international attention as well. Asia Noreen—known as Asia Bibi—was a Pakistani Christan and a farm laborer in Punjab province. Her husband, Ashiq Masih, was a brick laborer. A dispute with her Muslim neighbours turned into an accusation of blasphemy—leading to her arrest and imprisoned. There were a lot of protests in Pakistan, demanding death penalty for Asia Bibi.

Two politicians—Salman Taseer and Shahbaz Bhatti—who supported and tried to help Asia Bibi, were murdered. Taseer was shot by his own bodyguard named Malik Mumtaz Hussain Qadri in broad daylight. Qadri was tried and sentenced to death. He was executed in 2016. Mumtaz Qadri became a hero for millions and hardliners praised him as a martyr. He is regarded as a saint and a mausoleum has been built over his grave in his village near Islamabad, where even devotees come to offer prayers.

Asia Bibi was first sentenced to death by a trial court in 2010, however was later acquitted by the Supreme Court in a historic judgement of 2018. In 2019, Pakistan’s Supreme Court ruled that she was free to leave Pakistan and was given asylum in Canada where she moved along with her family.

Although after a long struggle, Asia Bibi still got justice and was able to start a new life—unfortunately many others didn’t. Many met with Mob Justice.

In 2017, a journalism student at a Pakistani University was lynched to death by fellow students in Mardan—in the province of Khyber Pakhtunkhwa. The student—Mashal Khan—was a Shia Muslim and was falsely accused of blasphemy. The mob was enraged by a rumour according to which he had promoted the Ahmadi faith on Facebook. In a similar instance, a man named Tahrir Ahmad Naseem was killed by vigilantes in July last year for blasphemy. He was a former Ahmadi, and was in Peshawar Central Jail since 2018 for claiming to be a prophet. He was shot dead inside the courtroom during trial in the Peshawar Judicial Complex.

Furthermore, in a case similar to that of Asia Bibi, a Christian couple—Shahzad and Shama Maseeh—were accused of blasphemy as well. They were then beaten and burned alive by a mob in 2014. Shama was four months pregnant. The mob, which also included a local cleric, believed that the couple had burned some pages of the Quran along with some rubbish, although the couple’s family still denies this. Five people including the cleric were sentenced to death, while the eight others were given two years imprisonment.

Last year, former Foreign and Defense Minister Khawaja Asif as well was accused of blasphemy for merely stating that “all religions are equal.”

Why is this happening?

According to data by Pakistan’s Centre for Social Justice, there have been 1549 known cases of serious blasphemy in the years 1987-2017, out of which 720 were Muslims, 516 Ahmadis, 238 Christians, 31 Hindus, and the rest 44 are unknown. 75 out of the total cases ended in the person being murdered before their trial.

There are 13 countries in the world which punish blasphemy by death penalty and Pakistan happens to be one of them. But unlike countries like Iran and Saudi Arabia where they are executed judicially—as mentioned earlier—accused in Pakistan are often killed in mob violence or assassination. While Saudi Arabia and Iran continue to top in terms of the highest number of executions, most of them for sacrilege or crimes against Islam, Pakistan’s total ‘judiciary’ killings stand at zero.

The problem of this mob mentality in Pakistan, especially when it comes to religion, is actually deeply rooted in its constitution. The country’s aspiration to become a democracy as well as an Islamic state is in itself contradictory. The people want the right to freedom and expression and the hanging of a person committing blasphemy at the same time. The constitution denies criticism of Islam while claiming to allow freedom of speech and religion. The elevation of one religion over others in itself is principally undemocratic.

Another interesting point is the fact that the people supporting these ideas haven’t been aware of how things can backfire. Muhammad Din Taseer—father of Salman Taseer—supported Ilam Din, who murdered a Hindu publisher over blasphemy in 1929. An ancestor’s support for radicalism ended up in his own offspring being assassinated in the name of blasphemy.

Mental illness and blasphemy

In Pakistan, often some mentally ill people are punished to death by mobs for unknowingly ‘committing’ blasphemy. In 2012, a man widely reported by the media and police as ‘mentally unstable’ was arrested for blasphemy in Bahawalpur district, Punjab province. A mob gathered outside the police station, dragged him outside, and burned him to death. There have also been cases of misuse where such vulnerable individuals were subjected to sexual abuse and later accused of blasphemy by the abusers to cover up their crimes.

Such abuses towards mentally unsound people would have been a criminal case and the abusers would have been punished—unless they use the blasphemy law—as the mentally unstable victim cannot defend themselves.

Role of Anti-Terrorism courts

Pakistan’s Anti-Terrorism courts were set up to ensure quick justice in cases such as terrorism, sectarian violence, targeted political killings, hijacking, kidnapping, extortion and even arms trafficking. Earlier gang rape was also included in it—but removed later.

They are also key to controlling mob attacks on blasphemy accused as such trials are held here.

Yet, these courts have been facing several problems due to lack of basic resources and understaffing. The posts of judges often remain vacant for months, and the state prosecutors complain of poor working conditions—with no offices, stationery, clerical staff or legal resources. These problems may have risen due to the fact that there are not sufficient funds allotted for the ATC infrastructure, one of the major challenges in Pakistan’s legal system. Due to this, these courts are not able to fulfill their primary objective—to provide ‘quick’ justice.

Moreover, these courts lack independence and are vulnerable to political influence—the judges are held accountable to the executive. Sometimes the witnesses often refuse to testify against the accused, as they fear assassination by terrorist groups the accused belongs to. The judges, state prosecutors and others also have personal security concerns which also lead to delays in trials.

Also, these courts deny terrorism suspects the right to equality before the law. They are not even tried in a public place with full defense and are not presumed innocent. Peshawar High Court advocate Ghulam Nabi even challenged the Anti-Terrorism (Amendment) Ordinance 2009 under Article 199 of the constitution in December 2009, saying that it violated basic human rights.

The blasphemy laws of Pakistan need to be repealed in today's Global civic society. People are fighting for equality everywhere around the globe. And now it is up to Pakistan to choose—whether to become a democracy or continue with a pseudo-democratic authoritarian regime which is based on extremist interpretation of religion.

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March 7, 2021 10:10 AM

Bengal Elections: Will there be a transfer of power or TMC’s will rule continue?

As the assembly elections in West Bengal are getting closer, the competition between the Bharatiya Janata Party (BJP) and Trinamool Congress (TMC) is getting more intense. This election and its result will  be historic. Whole nation is looking forward to the Bengal Elections keenly.

Recently, there was a lot of hue and cry by the BJP when some people allegedly tried to attack the BJP party president JP Nadda's convoy near Diamond harbour in West Bengal. While the BJP labelled the attack as a “sponsored violence”, CM Mamata Banerjee called it a “drama” staged by the BJP to gain media attention. But apart from all this, there are other things which make this election important.

Other than the BJP and the ruling TMC, there are other players as well – Left Front, led by CPI(M), Congress Party, AIMIM.

The situation of the Left Front and the Congress

Rally of Congress and Left Alliance | Source: IBTimes

In the 2019 Lok Sabha elections, the Left Front did not win a single parliamentary seat. Also, except the Jadavpur constituency, it lost all its deposits in all the seats. The Indian National Congress, which is its alliance partner, did not fare well as well and managed to get two seats only. In the upcoming 2021 assembly elections, the two parties have again joined hands, and this time, it’s not just about the electoral victory, but also about maintaining their relevance in the state.

The Left Front, which used to be a major party in the state and ruled for decades, is now seeing an existential crisis. Their first aim is to retain themselves as the main opposition party of West Bengal. Mamata Banerjee’s thumping victory in the 2011 elections marked the end of the Left rule in West Bengal. In the 2016 Assembly Elections, Trinamool Congress had a landslide victory, whereas the BJP got only two seats. But now, the BJP is emerging as the main opposition to TMC, which should be a matter of concern for the Left Front which is losing ground. In an article by The Quint, CPI(M) leader Shatarup Ghosh said, “Of course the BJP is our main opposition—not just in West Bengal but also nationally. They are ideologically and politically completely opposed to us. But that being said, we are not ready to give an inch to Mamata Banerjee either. The TMC needs to go, but they can’t be replaced by the BJP. That is our position”. The Left also alleges that TMC violence against them increased especially after 2016. “At this point, because we couldn’t function in full strength, there was a void in the space of the opposition. The BJP came in at that point and said that they’re running the centre, have CBI, ED and other machinery and can help fight the TMC in a way that the Left can’t. Those who wanted to vote against TMC, therefore, naturally went to them”, he adds.

The Indian National Congress has ruled West Bengal first from 1947–62, and then again from 1972–77. After that, Congress has not performed well in the elections here.

Rise of AIMIM in West Bengal

Asaduddin Owaisi, the face of AIMIM | Source: Wikimedia

All India Majlis-e-Ittehad Ul Muslimeen– better known as AIMIM, has seen a rise recently outside their home state, after winning 5 seats in the Bihar elections. Party President Asaduddin Owaisi held a meeting with AIMIM West Bengal party functionaries for taking their views with regards to the upcoming elections and political situation in the state, calling it a “fruitful” meeting.

On AIMIM focusing on Bengal Elections, TMC MP Saugata Roy took a jibe at the party’s chief and called him “an assistant of the BJP, who is being used by the latter to split non-BJP votes”.

A Muslim voter in Bengal | Source: Wikimedia

Muslim votes are crucial for the TMC. AIMIM senior leader Syed Asim Waqar tweeted, telling Mamata Banerjee’s party that their enemy is the same, the BJP. Aurangabad MP and AIMIM Maharashtra President Imtiaz Jaleel tweeted: "Bihar tou jhaaki hai...WB, UP baaki hai" (Bihar is just the beginning, West Bengal and Uttar Pradesh are remaining). Other than this, party chief Owaisi recently said that it has been the consistent stand of the party that it would not contest elections in Assam and Kerala, as AIUDF and the Indian Union Muslim League are present in the two states. These points clearly show which states the party is aiming for.

AIMIM rallies had also gathered large crowds in Bihar. It won 5 seats in the Seemanchal region of Bihar, which borders West Bengal. It is also trying to emerge as the voice of the Muslims in states like West Bengal and UP. AIMIM was part of the Grand Secular Democratic Front, that had two UP based parties—Bahujan Samaj Party(BSP) and the Suheldev Bhartiya Samaj Party (SBSP)—besides Samajwadi Janta Dal and Rashtriya Lok Samta Party (RLSP). Owaisi's party was the best performer among all of them, other than that only BSP managed to get one seat.

Muslims in West Bengal

Muslims form about 27% of the West Bengal state population, but still remain underrepresented. They account for only 6% of government jobs. Although their representation has been better under the TMC, they still need improvement in the representation for the betterment of their community.

BJP and TMC

CM Mamata Banerjee (L) and PM Narendra Modi (R) meeting | Source: Wikimedia

Recently, TMC MLA Suvendu Adhikari—along with 23 others—joined BJP, at Home Minister Amit Shah's Midnapore rally, as a major blow to Mamata Banerjee and the TMC. Shah alleged that Mamata Banerjee has changed her party’s slogan from “Maa, Maati, Manush” (Mother, Earth, Humanity) to “extortion, corruption and pandering to the nephew”, targeting Banerjee’s nephew and MP Abhishek Banerjee.

The BJP increased its seats from 2 to 18 in West Bengal in the 2019, which came as a surprise. Almost 57% of Hindu votes went to the BJP, and 32% to TMC. The party is trying to woo Hindus and also the Hindi-speaking population of West Bengal. Recently, BJP-supported Hindutva organisations such as the VHP, Bajrang Dal and the RSS, which had only a little presence in the state, have become more assertive, as was seen through their armed processions for Ram Navami.

Suvendu Adhikari, TMC leader who recently joined BJP | Source: মঞ্জুর আলম খান via Wikimedia

To keep a check on the saffron party’s rise, the Mamata government made sure to announce new schemes and that the previously implemented policies remain fresh in the minds of the people. Recently, the TMC released its 'report card' on the work they have done and the promises kept. They have mentioned the 'Sabujsathi' scheme in it, which, according to the Mamata government, has been fulfilled. In this scheme, bicycles were to be distributed among approximately 40 lakh students from classes 9th to 12th studying in govt run and govt aided schools in West Bengal. The scheme was launched in September 2015. A scheme called “Swasth Saathi” was launched recently by the West Bengal government, as the BJP attacked the government by saying it did not implement the Ayushman Bharat scheme of the central government.

Even after opposition from newly emerging parties in the state, like the BJP and AIMIM, other than that from the already existing parties, the Left Front and the Congress, the TMC is trying to remain optimistic about their third term. Who’s winning? Only time—and the people of West Bengal—will tell.

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