Signs of flexibility: False accusers of blasphemy may face death

CII members take U-turn on admissibility of DNA evidence in rape cases.


Umer Nangiana September 18, 2013
“If made part of the law, this provision will discourage people from using blasphemy laws for settling personal scores,” says CII member Allama Tahir Ashrafi. PHOTO: FILE

ISLAMABAD:


A long-standing demand of civil society appears to be nearing fruition as members of the Council of Islamic Ideology (CII) on Wednesday recommended death penalty for anyone convicted of making false accusations of blasphemy.


The recommendation, if formally approved by the CII on Thursday, will mean that anyone convicted of making false blasphemy charges will be liable to the same punishment as a blasphemy convict.

The CII is a constitutional body that advises the legislature whether or not a certain law is repugnant to Islam.

In order to ensure that the recommendation is actionable, the CII members have also recommended the addition of the provision against false accusers within the existing blasphemy laws.

CII member Allama Tahir Ashrafi said most members of the council agreed to the proposed move during Wednesday’s meeting.

“If made part of the law, this provision will discourage people from using blasphemy laws for settling personal scores,” he added.

He added that the recommendation has been a long-standing demand of civil society activists, who had been lobbying for relevant legal measures to discourage false accusations of blasphemy.

DNA U-turn

In another significant move, the CII members recommended that it was entirely up to the judiciary to decide on the admissibility of DNA evidence in rape cases.

The CII recommended that only the courts decide if a DNA test substantiated supplementary evidence, which is why the judiciary should decide on the admissibility of DNA tests as primary evidence.

Earlier, the council had ruled that the DNA test could only be admitted as primary evidence if the accused denied charges of rape and if four witnesses were available as per Islamic law.

The ruling had triggered a countrywide debate after the legal fraternity described it as contrary to the law. Civil society activists and rights campaigners also condemned the verdict saying that it would encourage rape in the country.

After severe criticism, the CII decided to review its earlier decision and put the review on the agenda of its scheduled September meeting.

However, Allama Ashrafi insisted that the council had never ruled against the DNA test as evidence.

Published in The Express Tribune, September 19th, 2013.

COMMENTS (29)

3rdRockFromTheSun | 10 years ago | Reply

How many of those who had been falsely accused of blasphemy in the recent past, but were cleared by courts due to the accusation being false; have been successfully able to reintegrate into their original life in Pakistan? Rimsha Masih still had to flee the country with her family, most of those accused of blasphemy end up getting lynched by a mob or meet an untimely end in police custody or prison.

Enacting this law still doesn't provide respite to the 'accused'. And how many judges will actually pass this sentence, lest they be accused of blasphemy themselves! 2 wrongs don't make it right.

csmann | 10 years ago | Reply

It is ridiculous to think that anybody will commit blasphemy in Pakistan unless in ignorance(of that one is doing so),or if one is mentally disturbed.Moreover,Blasphemy law had done little to stop blasphemy where it is much more likely to happen(and is happening) i.e west and other non-muslim countries.It is superfluous to say the least.

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