Samira Shackle

On the margins: a look at race, culture, and world affairs.

Could this be the beginning of the end for Pakistan's blasphemy laws?

A positive move by local police after a Hindu temple was attacked.

By Samira Shackle Published 02 October 2012 10:38

Rallies have been held against the anti-Islam film in Pakistan. Photograph: Getty Images

Most people have heard of Pakistan’s blasphemy law. Carrying the death penalty of life imprisonment for anyone who criticises the Prophet Muhammed or the Qur’an, it gained renewed international scrutiny this year after Rimsha Masih, a young Christian girl apparently suffering from Down's Syndrome, was arrested in Islamabad. She was subsequently freed and a Muslim cleric now stands accused of fabricating evidence against her.

While it was highly unusual that she was freed at all – alleged blasphemers are rarely let off, and even if they are released, are at high risk of vigilante justice – the jumped up charges against her were less so. As I wrote last year, the light burden of proof means that the law is frequently used as a weapon against Pakistan’s religious minorities:

“Hardly any evidence is required - the accuser can even refuse to repeat the blasphemy in court for fear of committing the crime himself - and so the law is frequently used as a means of settling personal scores or stirring up sectarian tension.”

But could that be changing? Here in Karachi, protests against the anti-Islam film that have caused rallies across the Muslim world turned violent. One of the incidents on 21 September was an attack on a Hindu Temple on the outskirts of the city. Protesters attacked the Sri Krishna Ram temple, breaking religious statues, tearing up the Bhagavad Gita (the holy book), and assaulting the temple’s caretaker.

Community leaders took the unusual step of going to the police, who have announced that the case against nine attackers has been registered under Section 295-A of the blasphemy laws. This lesser known section, which covers the “outraging of religious feelings”, can apply to any religion and carries a fine or imprisonment of up to 10 years.

Of course, this case does not represent a sea-change in attitudes just yet. For a start, no one has been charged, or even arrested. But it was a positive move by local police, if only because Pakistan’s religious minorities are frequently too frightened to speak out at all. Numbering about four per cent of the population, this small minority of Christians, Hindus and Islamic sects such as the Ahmadis (regarded as non-Muslims) translates to nearly ten million people, the equivalent of the population of Tunisia. It is not an insignificant number.

The Human Rights Commission of Pakistan (HRCP) has offered measured support for the move, with the chair, Zohra Yusuf, saying that she has never heard of another blasphemy case registered against Muslims for damaging a house of worship. However, she pointed out that blasphemy laws are never used when Ahmadi houses of worship are attacked, as the often are. Four attacks on churches in Karachi earlier this year have also gone unpunished.

But the potential application of the blasphemy law against Muslims and in defence of a minority faith is an interesting development. Past events have put paid to any political appetite to change or scrap the law. Last year, two ministers who criticised it were assassinated, with the reform shelved soon afterwards, and it retains mass support. If the law is not going to be eliminated or modified (which looks extremely unlikely), it could at least be made fairer in its application. Anything that reduces its power as a hammer with which to beat minorities is a step in the right direction, however modest.

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5 comments

Mon, 2012-10-08 21:36 — sandy sneddon

I was in Pakistan recently and had several conversations with people about the protests that erupted on Friday 21. In response to the by now notorious anti-Islam film released on the internet, the government had announced a holiday, Youm-e Ishq-e-Rasool (Day to Love the Prophet) and in several cities these had degenerated into violence. Businesses and banks were attacked and looted. One church, St Paul’s Church in Mardan along with the school and accommodation were burned down. There were more protests in some major cities on Friday 28, mostly peaceful but Peshawar saw more looting. The violence has been condemned in the press as being completely wrong-headed, damaging to the country and indefensible as way of expressing devotion to Islam or the Prophet Muhammad. Christians in Peshawar told me this is what their Muslim friends, colleagues and neighbours feel about the violence and destruction.

I have just visited St Paul’s Sarhadi [Frontier] Church in Mardan. Rather, I visited the burned shell of the church. My family and I lived in Mardan for 11 years from 1986 and this was our local church. It was harrowing to see the damage caused by the mob 10 days before. Scorch marks on the walls, furniture and fittings reduced to charcoal, Bibles, hymn books and Christian literature burned to ashes. The pews, pulpit, communion table, windows, all destroyed. One friend I met there said “This church has stood for 80 years, it is our heritage.” I was lost for words and struggled to express my deep, heartfelt sorrow.

Not only the church but the diocesan school and houses of the pastor and head teacher were torched. I was introduced to Tariq Mehmood, Deputy Registrar of the local Abdul Wali Khan University. I was amazed that the school has already reopened. Repairs had been done, burnt walls whitewashed and doors replaced. The university had donated chairs and other furniture and has pledged to replace all the books lost from the library. People said that many Muslims had expressed their condolences.

Conversations are just beginning about what would be an appropriate response to the destruction of the church, school and accommodation in Mardan. The Chief Minister of KPK announced the provincial government would give £200,000 to help rebuild the church. Somehow money and rebuilding seem inadequate despite the good intentions. Relationships need be restored, trust be rebuilt and the Christian community needs to have confidence that they can live securely and with dignity, just like every other citizen.

Jesus’ radical teaching that the Law could be summarised thus, “Love the Lord your God with all your heart and with all your soul and with all your strength and with mind and love your neighbour as yourself” (Luke 10:27) seems like a starting point for the ministry of reconciliation, restoration and forgiveness that needs to happen.

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Wed, 2012-10-03 05:15 — 21stCenturyGirl (not verified)

This's a stupid law. It should be discarded immediately. That little girl has suffered a lot because of those morons. I don't understand how people expect to please God in such ways. Life's all about loving and helping each other. If you do not care for livings that almighty God (If there's any) will not consider your prayers.

Tue, 2012-10-02 22:04 — Pavlova

Interesting development. Pity we don't have laws against outraging secular feelings, they could bring the point home forcibly.

Tue, 2012-10-02 13:06 — Des Demona (not verified)

Perhaps a step in the right direction but I don't see any major shift happening anytime soon. There are still plenty of nutjobs out there willing to kill anyone who suggests otherwise. Unless the Pakistani Government gets a grip of these fundamentalist madrasses and put a brake on religious aggression then it will be the same old same old.