The history of blasphemy law in Pakistan dates back to British rule in the subcontinent, where it was first implemented in 1860 and remained in force until 1927. Under this law, individuals found guilty of defaming any religion could face imprisonment for up to ten years. However, an important aspect of this law was that following an accusation of blasphemy, it was the responsibility of the government and the courts to conduct a thorough investigation, and if the accused was found guilty, to administer legal punishment through the established judicial process, rather than through mob justice. This law was also adopted in Pakistan after its creation in 1947. Subsequently, General Ziaul Haq introduced several amendments to the law from 1980 to 1986, during his tenure. This was a period marked by political turmoil, and Zia sought to consolidate his power by exploiting religion for political gain following the execution of prime minister Zulfikar Ali Bhutto and the subsequent public resistance.
In the name of Islamisation, General Ziaul Haq persecuted his opponents, women, and those belonging to other religions. By altering the curriculum in educational institutions, he planted the seeds of narrow-mindedness and animosity in the minds of innocent children and youth. General Ziaul Haq aligned with the US in the Afghan war against Russia, inadvertently fostering extremism and terrorism, which continues to plague Pakistan with bloodshed. The misuse of religion by Zia, along with the inclusion of numerous blasphemy clauses in the Constitution, has led to the ongoing trend of mob lynching people charged with blasphemy, with little visible effort from the state to prevent this.
A report by the National Commission for Justice and Peace sheds light on the staggering statistics of blasphemy accusations in Pakistan from 1987 to 2018. These numbers, including 776 Muslims, 505 Ahmadis, 229 Christians, and 30 Hindus accused, paint a grim picture of the situation. The report also highlights the tragic events surrounding individuals like Governor Punjab Salman Taseer and Minister of Minority Affairs, Shehbaz Bhatti, who faced violent consequences for advocating reform. Additionally, the case of Mashal Khan, a student unjustly targeted and killed, underscores the urgency of addressing this issue. These distressing incidents are just a glimpse of the widespread challenges faced across the country.
In 2010, Sherry Rahman, a member of the ruling party at the time, proposed a bill in the assembly aiming to amend the blasphemy law. The bill sought to ensure that cases of blasphemy would be heard in higher courts. However, it was withdrawn in 2011 due to pressure from religious parties. Since then, no other political party has been willing to broach the subject.
A few days ago, in the city of Umarkot in Sindh, a man named Dr Shahnawaz Kunbhar was accused of blasphemy. He was alleged to have shared blasphemous content on a Facebook account under the name "Shahnawaz Shah," although the accused belonged to the Kunbhar caste, not the Shah caste. Following the accusation, a video statement from the doctor emerged in which he denied the existence of the Facebook ID in question. Despite this, he was reportedly killed in a supposed police encounter, and videos showing his body being brutally burnt have circulated on social media. While this is not the first instance of blasphemy in Sindh, there have been numerous previous occurrences. It is disheartening that this incident has originated from the Thar region, where Muslims and individuals of other faiths coexist in large numbers in harmony. Additionally, it is regrettable that instead of apprehending the accused and bringing him to court, the police took it upon themselves to act as judge and jury, resulting in the death of a citizen who had not been proven guilty.
Despite public outcry leading to the suspension of the concerned DIG, there remains a reluctance among opposition, government, and political parties to address reforms to the blasphemy law in the country. In 2010, Sherry Rahman, a member of the ruling party at the time, proposed a bill in the assembly aiming to amend the blasphemy law. The bill sought to ensure that cases of blasphemy would be heard in higher courts. However, it was withdrawn in 2011 due to pressure from religious parties. Since then, no other political party has been willing to broach the subject.
The Constitution of Pakistan declares the country as the Islamic Republic while also emphasising the protection of citizens belonging to other religions. In a democratic society, people of all faiths have the right to freely practice and propagate their beliefs. However, it's crucial to remember that taking the law into one's own hands and challenging the state's authority is a punishable crime. Any individual found guilty of blasphemy should be subject to legal punishment, and vigilantism should not be tolerated. The law should be applied uniformly across all religions. If any religious group is insulted, the legal consequences should be consistent. Additionally, the state must prevent mob violence and ensure the swift implementation of the law. Religious scholars play a significant role in providing authentic Islamic education that promotes peace. The Quran advocates rationality and prohibits unjustified violence. Instead of condoning mob rule, the proper legal processes should be upheld to ensure justice for all citizens.