Further, the bill will make the offences under section 298-A non-bailable. Removing the option of release on bail will increase the number of prisoners facing different blasphemy charges in overpopulated jails in Punjab.
Section 298-A is one of the five sections on blasphemy in PPC. The other four sections are 295-B and C, 298-B and C. The first one deals with the offence of insulting the Holy Quran and the second to insulting the Holy Prophet (PBUH) – that carry life imprisonment and capital punishments respectively. The latter two sections penalise preaching the Ahmadi faith and an Ahmadi claiming to be a Muslim.
The rationale presented in the statement presupposes: a) crimes against property can be compared with crimes against religion or repute; and b) the heavier punishment can curb hate crimes or incitement to violence despite stringent laws dealing with terrorism and cybercrimes.
The National Assembly unanimously passed the bill moved by Maulana Abdul Akbar Chitrali of Jamaat Islami in a session that lasted only an hour and 19 minutes. In his Statement of Object and Reason, Chitrali wrote, “A few people are involved in blasphemy on internet and social media, etc. and they upload such pages and messages covertly (sic). However, due to Capital Punishment in section 298 C [probably referring to section 295 C], the ratio of people involved in blasphemy of Holy Prophet (P. B.U.H) is very low.”
His statement is vague and carries contradictions, because if “the ratio of people involved in blasphemy of Holy Prophet (P B.U.H) is very low” then why propose such a legislation.
The following paragraph states, “The fact may be observed that disrespecting to (sic) the Companion of Holy Prophet (P.B.U.H) and other sacred personalities not only promotes the terrorism and disruption in the country but it also hurts the people from all walks of life.” The statement does not substantiate how it promotes terrorism? Rather, the statement lacks condemnation of terrorism and confirms that blasphemy laws have promoted religious intolerance.
The rationale presented in the statement presupposes: a) crimes against property can be compared with crimes against religion or repute; and b) the heavier punishment can curb hate crimes or incitement to violence despite stringent laws dealing with terrorism and cybercrimes.
Section 298-A was the first induction in the PPC in 1980 through which General Ziaul Haq appeased the Sunni sectarian elements and suppressed the Shia uprising against Zakat and Ushr Ordinance on July 5, 1980. Sectarianism has been on the rise since his presidential order XL IV of 1980 inserted section 298 A in PPC.
There is an ample evidence of abuse of blasphemy laws which members of National Assembly choose to ignore. The power vacuum created since the regime change in April last year has broadened the scope of induction of religious intolerance in the policy framework. The recent incident of lynching of a 35 year old man over blasphemy in Nankana Sahib shows that the Frankenstein created by the state apparatus is now punishing the state itself.