An overdue revision

The government is shortly to introduce a new piece of legislation in an effort to curb the misuse of blasphemy laws, a development long overdue. A draft Bill has been finalised that will be presented to parliament for approval. It has been prepared by the interior ministry and vetted by the law ministry in order to iron out any inconsistencies. The goal of the new legislation — which is more a tidying-up of the existing law than a brand new law — is to curb those who take the law into their own hands and prescribe a set of punishments for such people. It is for the police and courts to determine guilt or innocence in the event of any crime, but vigilante and mob ‘justice’ have both been evident in recent times relative to unproven allegations of blasphemy. Those who make false allegations of blasphemy are also to be punished under the new law.



The way the country’s blasphemy laws have been used has long been a cause for concern among civil rights bodies both national and international, and it is reported that some European countries have pressed for changes to the law. Currently, there are 14 people condemned to death for blasphemy and another 19 serving life sentences. The notorious case of Aasia Bibi, a woman found guilty of blasphemy after an altercation between women in a village, continues to raise deep concerns, and the burning to death of a Christian couple falsely accused of desecrating the Holy Quran caused outrage, both at home and abroad. The crux to the adjustments in the law makes it necessary to establish mens rea (bad intention) behind an act to establish that a crime has been committed. There have been cases where the blasphemy laws have been invoked that involved property disputes, personal enmities and religious or sectarian animosity. Bringing mens rea within the ambit of Section 295-C of the Constitution will hopefully allow for the pursuit of malicious or frivolous allegations, and the prosecution of those making them. We welcome these developments, and hope that they presage a wider review of the way blasphemy laws have been misused over the years.

Published in The Express Tribune, May 28^th,  2015.

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