Page 14 - :: Rashtradarpan Magazine - January 2021 ::
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record,  according  to  the  South  Asian  ily is in hiding and many of the Hindu
                                                                                    Media Research Institute, a civil society  community in the conservative district
                                                                                    initiative that has counted 234 accusa-  of Rahim Yar Khan, in Punjab, have
                                                                                    tions as of mid-October 2021. Some of  fled their homes after a Muslim crowd
                                                                                    the  recent cases involving  blasphemy  attacked a Hindu temple after the boy’s
                                                                                    are as follows:                      release on bail last week. Troops were
                                                                                    On the night of November 29, 2021,  deployed to the area to quell any further
                                                                                    thousands of protesters stormed the  unrest.
                                               and fundamentalism. The Blasphemy    police station in Charsadda, a district  The Pakistani social structure has be-
            BLASPHEMY CASES                    laws are used as tool by the extremist   in the Khyber Pakhtunkhwa province,  come so much radicalized that even
                 IN PAKISTAN                   elements to harass and target minority   and burned the facility along with sev-  simple marches by women on Interna-
                                               communities in Pakistan. These laws   eral nearby security outposts after po-  tional Day of Woman this year was not
          Recent killing of Priyantha Kumara,  are also used to settle property issues   lice refused to hand over the blasphemy  tolerated.  Pakistani police registered
          the Sri Lankan general manager of a  or vendettas as observed by Supreme   suspect. The mob attack forced police  a blasphemy case against organizers
          garment factory in Sialkot city of Pa-  Court of Pakistan in Malik Muhammad   officers to abandon the installation and  of the feminist Aurat Azadi (Women’s
          kistan has again brought focus on infa-  Mumtaz Qadri vs The State, “The ma-  flee  to safety along  with  the detainee.  Freedom) March in a northwestern
          mous blasphemy laws of Pakistan.   The  jority of blasphemy cases are based on   Authorities arrested around 30 peo-  city, Peshawar, on the occasion of Inter-
          charred body of a factory manager who  false accusations stemming from prop-  ple in connection with the assault on  national Day of Woman earlier this year
          was lynched by a mob in Pakistan for  erty issues or other personal or family   a police station aimed at grabbing and  on March 8.
          alleged blasphemy was brought back  vendettas rather than genuine instances   lynching  a mentally unstable detainee  As a state party to the International
          to Sri Lanka on December 7, 2021. Sri  of blasphemy and they inevitably lead   accused of insulting Islam.     Covenant on Civil and Political Rights
          Lankan national Priyantha Kumara was  to mob violence against the entire com-  On 21 October 2021, UN human rights  (ICCPR), Pakistan must respect and
          assaulted by a mob of hundreds of peo-  munity.”                          experts urgently appealed to Pakistan  protect freedom of opinion and expres-
          ple before being dragged into the streets  This Pakistan’s blasphemy laws violate   to release Stephen Masih, a Pakistani  sion; freedom of thought, conscience,
          and set on fire on December 3, 2021, in  human rights, both in their substance   Christian from Sialkot District, who has  and religion or belief; the right to life;
          Sialkot, Pakistan, where he helped run  and their application – whether this is   been detained for over two years await-  equality before the law and freedom
          a sports equipment factory.  Workers  violations of human rights by the state,   ing trial for allegedly committing blas-  from discrimination; right to fair trial;
          at the factory accused him of desecrat-  or abuses of the laws by non-state ac-  phemy. “We are seriously concerned by  and the prohibition on arbitrary deten-
          ing posters bearing the name of Islam’s  tors. The laws do not meet human rights   the persecution and ongoing detention  tion. It must ensure that all individuals
          Prophet Muhammad.                    standards and lack essential safeguards   of Mr. Masih on blasphemy grounds,  within its territory and subject to its
          Pakistan, an Islamic state, has notori-  to minimize the risk of additional viola-  and by his treatment at the hands of  jurisdiction are protected against viola-
          ously  draconian laws against  blasphe-  tions and abuses.                the judicial and prison authorities who  tions of these rights by its own agents
          my,  which  carry  the  death  sentence.                                  are aware of his psychosocial disability  as  well as  against  acts  committed  by
          The laws are often used against religious  The infamous Asia Bibi Case:   and health condition,” the experts said.  non-state  actors (bodies or  individu-
          minorities and those accused are some-  One of Pakistan’s most infamous blas-  “We call on the authorities to urgently  als)  that  would  impair  the  enjoyment
          times lynched before they are proven  phemy cases is that of the Christian   review Mr. Masih’s case, and to release  of those rights. Pakistan’s blasphemy
          guilty in a court. The culture of fear  woman Asia Bibi, a 45-year-old Chris-  and drop all charges against him, and to  laws violate its international legal ob-
          around blasphemy cases means judges  tian farmhand and a woman with re-   ensure protection for him and his fam-  ligations. The real test of democracy is
          are often too afraid to find the accused  sponsibility for  five young children   ily.”                        how it safeguards its minority commu-
          anything other than guilty. A 2019 re-  from the village of Ittan Wali, near   In August 2021, an eight-year-old Hin-  nities and its institutions. The record so
          port in Dawn, quoting the Centre for  the  Punjabi  city  of  Sheikhupura.  She   du boy became the youngest person  far shows that Pakistan has miserably
          Social Justice said that at least 62 men  was sentenced to death in 2010 after   charged with blasphemy in Pakistan.  failed to protect rights of its own citi-
          and women have been killed on mere  being accused of blasphemy by her     He is  being  held in  protective police  zens and nor it has political will to bring
          suspicion of blasphemy between 1987  co-workers. Almost a decade later she   custody in east Pakistan . The boy’s fam-  a meaningful change.
          and 2015.  A report titled “As Good As  was acquitted after heavy internation-
          Dead” released by Amnesty Interna-   al pressure. Speaking to BBC, she
          tional in 2016 said that a total of 633  said,"My husband was at work, my
          Muslims, 494 Ahmadis, 187 Christians  kids were in school, I had gone
          and 21 Hindus have been accused un-  to pick fruit in the orchard," she
          der various provisions on offences relat-  said. "A mob came and dragged
          ed to religion since 1987.           me away. They made fun of me,
          Evolution of Pakistan’s Blasphemy Laws  I was very helpless." In her book,
          Offences relating to religion in Pakistan  Ms. Asia Bibi tells how she feared
          were introduced in the colonial era in  for her life in prison, with other in-
          British India – which included the ter-  mates calling for her to be hanged.
          ritory that is now Pakistan – to prevent  She also recalled mistreatment at
          and curb  religious  violence  between  the hands of the prison guards.
          Hindus and Muslims. Under the mili-  Former Punjab Governor Sal-
          tary government of General Zia-ul-Haq  maan Taseer, who supported Asia
          (1977-1988), who set the process of Is-  Bibi, was shot dead by one of his
          lamization in Pakistan, additional laws  bodyguards Mumtaz Qadri in Is-
          were introduced against blasphemy  lamabad on January 4, 2011. Qa-
          that were specific to Islam. The most  dri later told media that Salmaan
          frequently invoked blasphemy laws in  Taseer was a blasphemer, and this
          Pakistan’s Penal Code are Sections 295-  is the punishment for a blasphem-
          A (outraging religious feelings), 295-B  er. Salmaan Taseer had sought a
          (desecrating the Quran), 295-C (defil-  presidential pardon for Asia Bibi,
          ing the name of the Prophet Muham-   a 45-year-old Christian farmhand.
          mad) and 298-A (defiling the names of  Salmaan Taseer’s support for her,
          the family of the Prophet Muhammad,  and his view that Pakistan’s blas-
          his companion or any of the caliphs).  phemy laws were “black laws”, were
          When charges are levelled under most  also cast as an act of blasphemy by
          of these laws, the police have the au-  supporters of the laws. The inci-
          thority to arrest the alleged offender  dent shows the reduced space for
          without a warrant and can commence  minority rights and liberal practic-
          their investigation without orders from  es in Pakistan.
          the magistrate’s court. In 1990, the Fed-  Recent Blasphemy cases:  Despite
          eral Shariat Court, responding to a pe-  international criticism of these
          tition, ruled that the death penalty was  laws, blasphemy accusations are on
          mandatory  under 295-C.  Since  then,  the rise in Pakistan under the Im-
          the law is bending on all courts.    ran Khan Government. 2020 saw
          The successive governments in Paki-  the highest number to date – 200-
          stan have yielded to Islamic radicalism  but 2021 has already surpassed that

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