A contentious bill seeking enhancement of punishment for blasphemous and religious hate speech has picked at sectarian differences, drawing condemnation from religious scholars and civil rights bodies.
Though President Arif Alvi has returned the bill to parliament for rectification, it has not lessened the concerns of various religious groups who claim it progressed to such an advanced stage without taking all concerned stakeholders on board.
Before it was dissolved on August 9, the National Assembly had passed an amendment to the country's blasphemy laws, enhancing punishment for issuing derogatory remarks against religiously revered personalities. The punishment was increased from three years in prison to a whopping ten years apart from imposing a fine of Rs1 million. It also plans to change the offence from bailable to non-bailable.
The amendment subsequently sailed through the Senate before landing on the table of President Alvi.
Misuse of law
Like many other legal provisions, human rights activists and progressive quarters fear this could be misused and stoke sectarian differences.
Qazi Khizr, the Vice Chairperson of the Human Rights Commission of Pakistan (HRCP) in Sindh, emphasised that any legislation which contradicts or compromises the interests of a minority group by potentially instilling fear amongst the populace stands against the spirit of the Constitution, which ensures the full protection of rights of minority groups.
Manipulating the severity of punishments or rewards is a product of human judgment. Therefore, the formulation of laws should prioritise the welfare of the entire society, he said.
Khizr said it was incumbent upon the National Assembly and Senate to ensure that laws do not oppose public interest, avoiding jeopardising their well-being.
"Legislation that fosters division based on faith and induces fear must undergo rigorous scrutiny to address the concerns of all societal factions," he commented.
A day after the bill's passage, a Joint Action Committee (JAC) representing various civil and human rights activists staged a protest against the approval of the legislation.
After the protest, a statement issued by the group stated that the bill does not seek to reform blasphemy laws; rather, it intends to make them more severe.
In an environment where existing blasphemy laws are often abused and exploited for personal agendas, the JAC feared that the law may further criminalise theological differences and target religious minorities.
They pointed to unclear definitions of terms such as 'blasphemy' and 'companions' create room for misinterpretation and misuse. For example, they pointed to the use of the term 'companion', which carries different meanings for the two major sects. Moreover, the lack of definition and vagueness of what classifies as 'blasphemy' or 'insult' further creates an opportunity for abuse and exploitation against sectarian and religious minorities.
The protesters further argued that the proper protocols were not followed in both houses in passing the bill with scant debates in the relevant standing committees in the National Assembly and was passed on a day when the assembly's quorum was incomplete, with the bill containing signatures of only 25 members.
They stated that the bill wasn't even sent to the relevant Senate committees, despite some senators highlighting the need for it, including Pakistan Peoples Party (PPP) Sherry Rehman.
This indicates a deliberate effort to pass a contentious bill without adequate scrutiny.
The activists noted that blasphemy cases have a strong correlation with violence in society, with mob attacks and attempts to lynch alleged blasphemers have become quite prevalent. The activists added that the lack of consequence for false accusations of blasphemy has been one reason for the blatant misuse of blasphemy laws.
Muhammad Israr Madani, president of the International Research Council for Religious Affairs, asserted that our parliamentary approach tends to be exclusive rather than inclusive, historically leading to numerous sectarian conflicts.
While instances of exploiting blasphemy laws for personal vendettas or animosity have occurred, he said there are past examples where laws garnered consensus across sects. However, the proper implementation of these laws fell short, leaving victims without relief from the judicial system. Consequently, some individuals took the law into their own hands, resulting in cases of vigilante justice and lynching.
Need for transparency
One religious group, the Shia community, has perceived the bill as an attack on their religious liberties. Since August 2020, many individuals following the Shia faith have been charged and arrested on blasphemy charges. Many of these charges were disputed as trumped up. They feared that amplifying penalties of the controversial law could worsen sectarian clashes.
Maulana Sadiq Taqvi, a prominent Shia scholar, expressed concerns over the bill and pointed out its inherent issues and ambiguities.
He echoed the sentiments of rights groups that several terms contained in the bill, such as 'honour' and 'disrespect', were used without clear definitions.
Maulana Taqvi expressed the fear that it could be exploited to propagate hatred and aversion.
"This situation could potentially lead to an increase in filing First Information Reports (FIRs) against one another," he feared.
Maulana Taqvi emphasised the need for creating greater transparency in the bill's language.
MWM opposes the bill
Earlier in the week, the Majlis Wahdat-e-Muslimeen (MWM) Pakistan organised a national consultative conference which was attended by leaders of various Shia scholars and Zakireen to deliberate on the implications of the latest amendments to the blasphemy laws.
Addressing the conference, MWM Chief Allama Raja Nasir Abbas Jafri said many see the law as a conspiracy to sow discord within the nation. He suspected that certain extremists were responsible for the bill and termed it anti-Pakistan.
He warned that access to hadiths, narrations, and interpretations would be curtailed if the bill became law.
The MWM leader termed the bill against the principles of Islam and announced a nationwide campaign against it.
Sunni scholars offer scant comment
The Friday Times attempted to contact multiple Sunni scholars, including spokespersons of the Jamia Binoria Aalamia, Jamia Al Uloom Al Islamia Banuri Town, Jamia Anwaar Al-Quran, Jamia Al-Suffa Vice but all of them declined to comment on the bill.
However, none of them voiced any opposition to the bill.
Late last week, Ahle Sunnat Wal Jamaat (ASWJ) leader Maulana Muhammad Ahmed Ludhianvi led a rally supporting the bill.
Addressing his followers, Ludhianvi expressed satisfaction over the bill's passage and said that it would play a pivotal role in eliminating sectarianism and religious discord from the country. He extended gratitude to all members of the Senate who contributed to the bill's approval, praising their efforts.
Ludhianvi stated that the disrespect towards the Companions and family of the Prophet (PBUH) has led to incidents of blasphemy and, subsequently, insecurity in the country.
He claimed that the bill was accepted by three major schools of thought – Barelvi, Ahl-e-Hadith, and Deoband.
Ludhianvi urged the government to implement the bill without delay.
Controversy over Holy Figures
Journalist Sabookh Syed, who has extensively covered religious parties, asserts that various schools of thought unanimously advocate against showing disrespect towards revered figures. This collective agreement implies a shared desire to uphold blasphemy laws.
Nevertheless, he notes that this has been met with opposition from one faction who do not regard certain companions as holy figures.
Syed emphasises that fostering mutual respect for each group's revered figures and sentiments is the sole solution. Failing this, influential factions that seek to prevent sectarian unrest within the country should facilitate collaborative discussions to address the issue.