Daily Times

The misuse of laws is invariably harmful. As human beings, speaking up or standing against social atrocities, abominations and injustices is the brighter side of our selves. Societies earn a better name when there is social equilibrium, but the presence of discriminatory laws, especially when these constitutional provisions are misused for pursuing ‘vendetta’ against the most marginalised sections of society, always bring a bad name.

Ethnic minorities in Pakistan made up 20 percent of the total population at the time of independence in 1947; now it has decreased to a paltry five percent. The graph is decreasing day by day. The founder of Pakistan, Mohammad Ali Jinnah, did not dream of a new country for it to be a theocracy; he wished it to be a place for everyone without any discrimination of colour, caste, creed, gender and religion. It is unfortunate that for short-term gains such laws were added in the constitution of Pakistan that brought long-term misery to its ethnic minorities.

Over the last few years, it was being felt that society had started to understand the meaning of coexistence according to the message of the founder of Pakistan, but once again, the arrest of a Christian young adult of 18 years of age under a so-called blasphemy allegation has evoked a sense of fear among Christians living in Pakistan. Just by clicking ‘like’ on a picture of Khana Kaaba, a young Christian was accused of blasphemy. Another case of blasphemy against a Christian female victim is to be judged by the Apex court in the near future. The national and international Christian community is anticipating the hearing of Asia bibi’s case. The list of blasphemy victimisation is not small but it remains ineluctable.

Asia bibi, a Christian woman, has suffered in prisons of Pakistan since 2010 when she was allegedly involved in a blasphemy case over a small incident of drinking water from the same pot as her Muslim co-workers. After an argument with Asia bibi, those Muslim women, all from her village, claimed that she denigrated the prophet of Islam.

A case was registered against Asia bibi by a Muslim cleric who was not present when the altercation happened between her and her co-workers. However, without much ado, the cleric believed the Muslim complainants. Pressure from fundamentalist Muslims compelled the police to register a blasphemy case against Asia under the article 295C of the Pakistan Penal Code. She was arrested, convicted and sentenced to death. The conviction was later upheld by the Lahore High Court.

In 2014, Asia bibi’s lawyers petitioned in the Supreme Court, which admitted her appeal and ordered the suspension of her death sentence. The court also ordered both sides to bring the complete record of the case to the court. Since that time, there has been no development in the case.

Blasphemy laws in Pakistan and Asia bibi’s case are tied together, both on a national and international level. Because of her case and a number of other high-profile blasphemy cases, this is the only law in the constitution of Pakistan that is known to the world. Time and again, brave forces have tried to amend the blasphemy law, but in Pakistan it is considered a ‘sacred manuscript’, something not to be touched or even talked about. Those who dared paid a heavy price.

Shahbaz Bhatti, a Christian and a federal minister, who struggled to amend the law, was brutally murdered in Islamabad. Salmaan Taseer, the former governor of Punjab, tried to help Asia bibi, demanding changes in the law. He was assassinated by his own fanatic guard, who afterward was given a death sentence, and was hanged on February 29, 2016 amid tremendous and continued protest.

The damage done by the misuse of the blasphemy laws is beyond understanding. The truth of the matter is that blasphemy laws are considered dangerous not only in Pakistan but around the world. One may easily understand that in the name of sanctity of religions, the very law was frequently misused, many a time in an organised way, leaving an adverse effect on the public.

Ethnic minorities remain under the worst societal pressures, which have served to cripple them socially, morally, economically and religiously. The massive pressure of this law has crossed all limits of societal atrocities.

Laws are made for protection of citizens; they should not be a licence to persecute and kill the marginalised sections of society. Beyond doubt, the misuse of the blasphemy laws has had debilitating effects on Pakistani society. Before the inclusion of these laws in the constitution of Pakistan, there were a very few examples of individuals involved in desecrating any religion, but after 1986, around 1,400 cases were registered under this law. Interestingly, there is not a single example where courts convicted someone as a blasphemer and the person was hanged.

It is certainly appalling to listen to many people who claim that the majority of the cases were registered against the majority community. The truth is bitter but cannot be denied. The overall calculation of blasphemy convictions shows that about 50 percent of cases were registered against ethnic minorities who make only three percent of the total population.

There are several examples of the misuse of this law: in 1996, a Christian man, Ayub Masih, was jailed for the violation of 295C when the complainant, Muhammad Akram, claimed that Masih ‘blasphemed’ by recommending him to read Salman Rushdie’s Satanic Verses. All lower courts and the High Court convicted Masih, but the Supreme Court found the case to be fabricated. The only reason the charges were made was to grab Masih’s property.

Dr Muhammad Younas Sheikh was charged under the blasphemy law in 2000; he was acquitted, and afterwards, he fled to Switzerland, never to return to his homeland. Sheikh was originally arrested for writing the book, Shaitan Maulvi, and was given life imprisonment.

Hector Aleem, a Christian human rights activist, was charged under the law in 2009.

In July 2009, two Christian brothers were charged under the law in Faisalabad.

2011 saw Asia bibi’s arrest.

In 2011, Shahbaz Bhatti was murdered.

Earlier that year, Salmaan Taseer was assassinated.

In 2014, a Christian man, Sawan Masih, was given the death sentence by a lower court; Masih was involved in a case during the Joseph Colony incident where 300 dwellings of poor Christians were destroyed by a frenzied Muslim mob.

There are several incidents that remain unnoticed by the world. It is very unfortunate that after such a long list of brutalities in the name of blasphemy laws, no government is ready to take steps for revisiting these laws.

The writer can be reached at Kaleem.dean@mail.com