Another appalling incident of blasphemy took place in Sargodha, Punjab, accusing a 70-year-old Christian of desecrating the scriptures of the Holy Quran on May 25, 2024. The accused was not only subjected to torture and lynching but also had his house and small shoe-making factory vandalized. The enraged group of fanatics broke into and burned his home and factory, looting shoes from the factory. The police have arrested about 20-25 people and filed cases against 400 unidentified individuals, who may be released on bail later. Sadly, the seriously injured 70-year-old Christian has also been charged with blasphemy due to the pressure from clerics, and his bail is unlikely to see any hearing date. If heard, he shall not be released due to the complications of blasphemy laws and the risk to his life outside of jail. In either case, the charges of blasphemy put pressure on the Christian family, restraining them from speaking out against the unidentified people involved in the violence.
Moreover, the pattern of mob reactions highlights that seemingly every one in two Pakistanis has symptoms of paranoia or psychosis disorders. This mentality underlies the notion that “Why courts, why not mob courts?” Thus, every instigation ends in a “Mob Court” aimed at justice through assaulting, burning, or killing anyone accused of blasphemy. The mob justifies such violence as an act “For God’s Sake.”
The incident in Sargodha’s Mujahid Colony mirrors the Jaranwala incident, demonstrating Pakistan’s failure to learn from such episodes of mass hysteria. This indicates either the state’s heedlessness towards minority rights or its vested interest in blasphemy politics, which relies on the weak belief systems and illiteracy of the people, followed by extremism. However, the state has the ability to prevent similar incidents from happening again in the future. But the irony is the state itself contributes to promoting hatred against non-Muslims through curricula while showing no concern over forced conversions, abductions, and assaults on minorities. Additionally, state-funded Talibanization and Islamization projects have further marginalized already vulnerable minorities. Blasphemy and sedition charges have frequently been used as tools to suppress those who challenge the status quo and those in power.
Lynching to death or serving death penalties for speaking their mind is alarming, but more alarming is people taking the law into their own hands merely upon allegations of blasphemy, as happened recently in Jaranwala and Sargodha. Although blasphemy laws are intended to bring the blasphemers into court to face proper trial and prosecution, people handle the cases extrajudicially, often misusing the blasphemy laws for personal revenge. This misuse indicates that Pakistani society is rapidly moving towards moral decay.
The blasphemy laws in Pakistan are dividing the population, disturbing the social fabric of the community, and undermining diversity, inclusivity, and the rule of law. Furthermore, the weaponization of religion and blasphemy laws by the state has contributed to the high-handedness of extremist groups. Religious clerics weaponize blasphemy laws to influence the state, while the state weaponizes Islam for political purposes. These laws are often used to target opponents and activists, silencing them and preventing them from engaging in progressive activities or debates. Additionally, these laws are misused by many to settle personal rivalries. What can one expect from a state where governors are killed for criticizing blasphemy laws? How can criticism of a legislative act amount to committing blasphemy?
Historically, blasphemy laws (Sections 295, 296, and 298 of the Pakistan Penal Code) were originally established by the British colonial government in India to safeguard the religious sentiments of Muslims and Hindus in the subcontinent from the defiling of worship and burial places. However, after the partition of the subcontinent in 1947, Pakistan adopted these blasphemy laws without any changes until 1980. Under the Islamization project of dictator General Zia-ul-Haq, five more sections (295-B, 295-C, 298-A, 298-B, and 298-C of the Pakistan Penal Code) were introduced, all evidently targeting minority groups. Section 298-B deals with the “use of derogatory remarks in respect of holy personages,” punishable with three years’ imprisonment, a fine, or both. Although bailable, it is practically used to target the Shia sect of Muslims due to ideological differences with the majority Sunni group over companions of the Prophet. Section 298-C targets Ahmadis, restraining them from portraying themselves as Muslims. The addition of Section 295-C was the most controversial, as it does not clarify or define what acts, words, or behaviors constitute defiling the sanctity of the Prophet. These laws are not only vague and ambiguous but are also intricate, with significant potential for misuse. Therefore, their interpretation remains manipulative and needs to be addressed or declared unconstitutional, as they fail to guide the general public regarding the definite behaviors that constitute blasphemy.
The legality of the later-adopted sections—295-B, 295-C, 298-A, 298-B, and 298-C—is also questionable because these laws were enacted during the 1980s when the country was under martial law. Thus, technically, these laws could be considered unconstitutional. Additionally, integrating religion into legislation requires utmost care, as it risks influencing laws for the sake of religion and religious scholars. For example, blasphemy laws place religious feelings above human rights, leading to an upsurge in such cases. Furthermore, the institutionalization of the legal system into separate courts, such as the Federal Sharia Court and the Supreme Court, allows the legal system to be swayed by religious scholars.
Many countries around the world, such as France (partly in 1881 and fully in 2016), Ireland in 2010, England and Wales in 2008, and Scotland in 2021, have abolished blasphemy laws. In contrast, according to reports, Pakistan has the world’s second-strictest blasphemy laws after Iran. When a state endorses one religion, its minorities are prone to face the risk of prosecution.
It is beyond comprehension why the misapplication or misuse of blasphemy laws in Pakistan has not been addressed. At the very least, there should be legislation to tackle the “Mob Courts” and to legally punish those who falsely accuse others of blasphemy. Instead, the justice system in Pakistan arrests and holds trials of accused persons merely on false allegations of blasphemy. This trend must decline. Moreover, Sections 295-298C should be amended to make them bailable. Additionally, our society is in dire need of morality, tolerance, and love, which can be fostered through peace and interfaith initiatives aimed at promoting respect for all religions and religious sentiments. Lastly, for God’s sake, understand that Islam is the religion of peace.
Muneer Hussain
The writer is a law undergrad at Shaheed Zulfiqar Ali Bhutto University of Law (SZABUL) Karachi. He can be reached at muneerhussain.szabul@gmail.com
