Consequences of the law
Interestingly enough, protective measures for minorities exist within Part XV of the PPC. For instance, sections 295 and 295-A of the PPC speak against offences made against “religions of any class”, unlike later sections that refer specifically to Islamic symbols. Unfortunately, time has proven that sections such as 295B and 295C, which refer to the defilement of the Quran and defamation of the Prophet, have received far more attention by the public and judicial system.
The National Commission for Justice and Peace (NCJP) is a human rights advocacy organization founded in 1985 by the Pakistan Catholic Bishops’ Conference. It has been in strong opposition to the blasphemy law and has advocated on behalf of those wrongfully accused under it since 1990.
According to the NCJP 2009-2010 Human Rights Monitor, there were an increasing number of blasphemy cases in 2008 and 2009, and further research indicated that a number of cases exploited the law for personal reasons. In 2009, the government compensated victims for loss of property and loss of life at the hands of extremists in relation to blasphemy cases, but the government has not identified a long-term strategy to stop the abuse of the legislation.
The NCJP has also reported that 479 Muslims, 340 Qadianis, 119 Christians, 14 Hindus and 10 people who identify with other religions were charged under the blasphemy law from 1986 to 2009. Although Muslims have not been excluded from prosecution under the law, the minorities who have been charged, even if they have escaped conviction, have paid a high price.
In 1993, Rehamat Masih, Manzooh Masih and Salamat Masih (just 11 years old at the time) were accused under the laws for allegedly writing offensive phrases on a wall of a mosque in the province of Punjab. In 1994, Manzoor was shot after one of his court hearings. Salamat Masih and Rehamat Masih were sentenced to death in February of 1995. Later that same month, both were acquitted of charges by the Lahore High Court. Justice Arif Iqbal Hussain Bhatti, who was one of the judges involved in the case, was killed two years later. His killer was later caught and cited the acquittal of Salamat and Rehamat as the motivation behind his brutal act.
Following international attention brought to the blasphemy law in 1995, the government proposed amendments to the law to avoid further abuse. The first proposed amendment was the implementation of a 10-year jail sentence for false blasphemy accusations. The government also proposed a requirement that sufficient evidence must be presented to the satisfaction of a magistrate before a case could be formally registered.
In May 2005, there was a nationwide strike supported by conservative political parties against the changes. This resulted in the government dropping the proposed amendments and the Interior Minister announcing that the mandatory death penalty under section 295-C would remain intact.
Despite the growing division over the law, hundreds of individuals continued to be charged. And although none of these individuals were given the death penalty by the state, the sentence was often carried out extrajudicially.
Samuel Masih, a Christian, was charged with blasphemy in 2003 for allegedly spitting on the wall of a mosque. Masih was accused of defiling a mosque. While in prison, Masih became sick with tuberculosis and was transported to a hospital. A police officer who was designated as Masih's guard, Faryad Ali, killed Masih by striking him with a brick cutter. Ali claimed that it was his duty as a Muslim to kill Masih. Masih was 27 years old at the time of his death.
Others accused of blasphemy, such as Anwat Masih who was charged in 2003 but later acquitted, have been forced to go into hiding to avoid the fate faced by Manzoor Masih and Samuel Masih. Dr. Younas Sheikh was also charged in 2000 and was later acquitted. Sheikh was re-tried in 2003 and was acquitted once more, finally leaving Pakistan for Europe the same year.
The abuse of the law against minorities by those seeking to settle scores, as is suspected in the case of Aasia Bibi, is also of increasing concern. In 2006, two elderly Christian men were tried and then acquitted for allegedly burning pages of the Quran, charges that were conveniently raised during a land ownership dispute.
These are just a few examples of the deep impact this law has had on individuals. The United Nations, Amnesty International, and Human Rights Watch are just a few organizations that have identified Pakistan’s blasphemy law as hugely problematic for human rights. Given the long history of abuse of the law, its impact on minorities and international outcry, it is unusual that no government after 1990 has taken the opportunity to remedy the issues the blasphemy law has created in Pakistani society.
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