Pakistan: Jinnah Institute meeting calls for review of blasphemy laws

Sherry made it clear that it is essential not only to “remove the teeth and infamous use of the blasphemy laws, but to understand the way forward for our society, as minorities remain the most exploited members of society.”

File Photo: Anti-Blasphemy law protests

Ahmadiyya Times | News Watch | Int'l Desk
Source/Credit: Daily Times | Pakistan
By Mahtab Bashir | December 1, 2010

Asma Jahangir says rule of law should protect religious rights of minorities

ISLAMABAD: There was consensus of opinion at a roundtable meeting on Tuesday that “the blasphemy law should be amended to prevent persecution of minorities”.

Members of civil society, religious scholars and lawyers gathered to discuss the amendments to the blasphemy laws in light of the recent case of Aasia Bibi.

Minister for Minorities Shahbaz Bhatti also attended the event, organised by the Jinnah Institute on Tuesday.


Former information minister Sherry Rehman, who is also the president of the Jinnah Institute, has submitted a bill in the National Assembly, seeking to amend sections 295A-C and 298 of the Pakistan Penal Code (PPC) and the Code of Criminal Procedure (CCP) as amended under former president Ziaul Haq. It is intended, that the bill will ensure that all citizens of Pakistan have an equal right to constitutional protection and that miscarriages of justice in the name of blasphemy are avoided at all costs.

Sherry noted that as the law currently stands, the definition of the term blasphemy was vague, yet it carried a mandatory death sentence under section 295C. The amendment to the Blasphemy Laws Act 2010 will not only rationalise the punishment prescribed for offences relating to religion provided under section 295 and 298 of the PPC, but it will ensure that the concept of criminal intent is taken into account when charging an individual with this offence. Other amendments include new sections (198E and 203A) to ensure that charges brought frivolously under the blasphemy laws will be punished. Similarly, advocating religious hatred will be penalised. Cases brought under these sections will be heard in the high court to ensure more public scrutiny.

Sherry made it clear that it is essential not only to “remove the teeth and infamous use of the blasphemy laws, but to understand the way forward for our society, as minorities remain the most exploited members of society.” As president of the Jinnah Institute, she announced, “We need to seek out a way of removing these laws from the statute books”.

Ali Dayan Hasan of the Human Rights Watch, also a member of the board of advisers of the Institute, compared the ongoing persecution of minorities under the blasphemy laws to apartheid in South Africa.

Dr Anis Haroon also spoke in detail about, the case of Aasia, a Christian labourer sentenced to death under section 295C of the PPC. Anis Haroon said, “We live in such an intolerant culture where mosques take over the role of the judiciary and any laws which take away the rights of any culture should be repealed.” Aasia’s case is a glaring example of how innocent people can be wrongfully charged and sentenced to death under these unfair laws, he said.

Dr Khalid Masood, former Council of Islamic Ideology chairman, provided a scholarly summary of the contentious laws in relation to Islam, explaining that the definition of blasphemy or ‘sab-o-shitam’ is unclear and that the severe penalties provided by the legislation did not find any reference in the Quran or Hadith. Dr Khalid Ghamdi, who joined the debate via videoconference, corroborated this view.

Leading members of the Christian community, including Group Captain (r) Cecil Chaudhary and Joseph Francis, provided detailed examples of injustices suffered by their community under the blasphemy law. Members of the Christian communities felt that their homes are targeted and their lives are threatened on a daily basis due to these laws.

Asma Jahangir stated, “If we believe in rule of law, we must believe that laws should protect the religious rights of minorities rather than as a tool to exploit religion.” She said, “We need to rethink our laws in the name of justice and compassion.” She exhorted the gathering to “please not twist the law because these judgments create a precedent”.

Shabaz Bhatti thanked the Jinnah Institute for organising this important meeting. He highlighted the difficulties surrounding the Aasia case and explained that if the withdrawal of the blasphemy law was not possible then amendments must be made to prevent the continuing suffering of people. He expressed his personal support for the bill and said he would seek the support of the government in moving it forward.

The meeting ended with representatives of the Christian community calling for the repeal of section 295 and the engagement of civil society in providing an adequate response, which goes further than just repeal. Emotional appeals for assistance with specific cases were also made. Sherry concluded that it is important for civil society and legislators to work hand in hand.


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