Daily Times

Global Responses to Pakistan’s Blasphemy Laws

Regarding the background of the mentioned legislation, an article on the website of the U.S. Congress states that

Pakistan’s blasphemy law, which consists of sections of Chapter XV (“Of Offences Relating to Religion”) of its Penal Code, criminalizes insults or derogatory remarks against religion or religious feelings. Pakistan, like many other South Asian jurisdictions, inherited its substantive criminal law, including certain blasphemy provisions, from the British colonial government through the Indian Penal Code, of 1860. Pakistan’s blasphemy laws as enacted by the British were “religion-neutral.” However, additional provisions were added to Pakistan’s Penal Code in the 1980s under General Zia-ul Haq in an effort to “Islamisize” them and protect against insults to Islam. These blasphemy provisions include defiling or desecrating the Holy Qur’an (Penal Code § 295-B), using derogatory remarks in regard to Muslim holy personages (§ 298-A), and most significantly, insulting the Prophet Muhammad (§ 295-C, in accordance with Criminal Law (Amendment) Act, 1986; the Federal Shariat Court held in 1991 that the death penalty must be imposed for this crime because the alternative punishment of life imprisonment provided in § 295-C was repugnant to the injunctions of Islam)”.

The legislation enacted in the name of blasphemy has also raised concerns from the Human Rights Commission of Pakis

The weekly progressive newspaper, The Friday Times, carried this headline on the approval of the mentioned bill from the National Assembly.

“Pakistan Expands Scope of Draconian Blasphemy Law”

HRCP’s Take on Blasphemy Legislation

The legislation enacted in the name of blasphemy has also raised concerns from the Human Rights Commission of Pakistan. It is mentioned on the website of the U.S. Congress’s Library that “The Human Rights Commission of Pakistan (HRCP), an independent human rights organization, also expressed its concern over its abuse against religious minorities:

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”.

In this climate of heightened sensitivity, when allegations of blasphemy were levelled against a Shia religious scholar in the Skardu district of Gilgit-Baltistan in northern Pakistan, claiming that he had used derogatory language against the companions of the Prophet Muhammad, a worrisome situation emerged. What added to the concern was that a report was filed against Allama Baqir Al-Hussaini in Skardu police station without any investigation, and it included charges related to blasphemy.

While there was apprehension about the filing of this case, there was also a belief that it was not registered against a religious minority like Christians; otherwise, instead of filing the case, people might have taken the law into their own hands and targeted the responsible person. The confrontation was primarily between the Shia majority population of Gilgit-Baltistan, which not only forms the majority in this region but also holds prominent political and social positions in the country. In such an environment, they have the capability to stand up against any challenge.

Local Administration’s Time-tested Strategies and Impact

Initially, in response to the escalating tensions in the regional capital of Gilgit-Baltistan, Gilgit, a Shia opposition group resorted to registering a counter-case against a prominent Sunni leader, Maulana Qazi Nisar. Such actions by local authorities are often perceived as a means to balance the dispute and de-escalate the situation.

The authorities’ concern primarily stemmed from the timing of the incident, as it occurred during the holy month of Muharram. This period is known for heightened emotions among Shia Muslims, particularly following a significant part of Muharram, the Chelum procession. During this time, protests continued in both Gilgit and Skardu, prompting authorities to block routes leading to Khyber Pakhtunkhwa to deter external elements from becoming involved.

However, a significant turn of events unfolded when a passionate leader in Skardu, during a massive rally, demanded that if the people of Gilgit-Baltistan were denied access to the route to Pakistan, then the Karakoram Highway leading to Kashmir, where their blood relations reside, should be opened.

By the first week of September, tensions had escalated considerably between Shia and Sunni organizations in Gilgit-Baltistan. Authorities responded by imposing Section 144 to maintain peace and order, thereby prohibiting gatherings of people. Simultaneously, both Britain and the United States imposed travel restrictions on their citizens travelling to Gilgit-Baltistan. Nevertheless, the most impactful measure came in the form of the suspension of internet services in the region. Consequently, the immediate communication system was disrupted, leading to a degree of calm in the environment.

It is undeniable that peace has been restored in Gilgit-Baltistan following the Chelum procession on September 7. However, the authorities shut down the internet service in the area for a long time which is being restored as of this writing. Perhaps this practical measure is contributing to the maintenance of peace in the area.

The writer is a veteran journalist based in Islamabad. He writes on social, political, economic, defence and strategic developments across the South Asian region. He can be reached at zm.journalist@gmail.com