The Kafkaesque reality of Pakistan's blasphemy laws

Sherry Rehman, Pakistan’s ambassador to the US, is under police investigation for alleged blasphemy after making the case on television for the law to be re-examined and for the death penalty to be removed.

In Franz Kafka’s novel, The Trial, the protagonist Josef K. is unexpectedly arrested by two unidentified agents from an unspecified agency for an unspecified crime. For the duration of the story, neither Josef nor the reader knows what he is supposed to have done, even when he is eventually killed for his crime.

The situation surrounding Pakistan’s controversial blasphemy laws is not dissimilar. The law means that anyone found guilty of defaming the Prophet Muhammed can be sentenced to death. Many facing such accusations have been forced into hiding or killed by mobs before they even stand trial.

Blasphemy laws in and of themselves are not unusual: many countries across the world have legislation which restricts what one can say about religion. The problem in Pakistan comes from the exceptionally harsh penalties, and the light burden of proof. The law sets out no guidance on what constitutes blasphemy, no standards for evidence, no requirement to prove intent, and no safeguards to punish those who make false allegations. This means that, essentially, the standard for blasphemy is whatever offends the accuser. As such, it is frequently used to persecute minorities or settle personal vendettas.

Witnesses can refuse to repeat the alleged blasphemy in court, in case they themselves become culpable. There have been stories of judges refusing to hear evidence defending the accused for fear of offending religious zealots. Blasphemy is a non-compoundable crime, meaning that cases cannot be settled out of court. Once a charge is filed, it is difficult for the case to be quashed, and the accuser cannot simply drop charges. It is not unthinkable that someone could be accused of blasphemy and sentenced to death without ever being told exactly what they are meant to have said and thus being unable to disprove it. Suddenly, Kafka’s Josef F doesn’t seem quite so surreal.

That blasphemy laws are a serious impediment to freedom of speech goes without saying. But the extent to which this is true has been highlighted yet again in recent days, with the news on 21 February that Sherry Rehman, Pakistan’s ambassador to the US, is under police investigation over allegations of blasphemy.

The basic facts of the case are as follows. In late 2010, before Rehman had been posted to the US, she lodged a private members' bill seeking to abolish the death penalty for blasphemy after Aasia Bibi, a Christian woman, was sentenced to death. Two other politicians who were campaigning for a change to the law were murdered soon afterwards. Salman Taseer was shot in January 2011, and Shahbaz Batti in March 2011. Blasphemy reform was shelved soon afterwards.

On 30 November 2010, before Rehman’s private members' bill had been thrown out, she appeared on Dunya TV’s news programme, Dunya Meray Aagay. She repeated her calls for the law to be re-examined and for the death penalty to be removed. Remarks she made on the show prompted Muhammad Faheem Akhtar Gill, a marble dealer in Multan, to lobby police to register a case against her for blasphemy. After nearly three years of persuasion, his efforts have been successful, and the police have started an investigation under the orders of the Supreme Court. Given the aforementioned problems with the blasphemy legislation, the media cannot report what Rehman is supposed to have said, in case newspapers fall foul of the law. People are clearly curious: a Google search for “Sherry Rehman - what did she say” yields 21,800 results.

That a lawmaker should face a criminal investigation for discussing a parliamentary matter is, once again, Kafkaesque. The law of parliamentary privilege applies in Pakistan. It gives members of parliament legal immunity for actions done or statements made in the course of their legislative duties. The idea underpinning this law is that parliamentary business shouldn’t be impeded by restrictions on free speech. In the United Kingdom, where libel laws are the biggest drag on free speech, MPs cannot be censured for defamatory statements made while they are in the Houses of Parliament. Given that blasphemy laws are arguably the most significant restriction on free speech in Pakistan, it would not be unreasonable to expect a similar immunity.

Of course, parliamentary privilege covers lawmakers while they are actually in parliament – and when Rehman was speaking to Dunya TV, she clearly was not in the parliament building. But the fundamental fact remains: the blasphemy reform bill was passing through the legislature and a lawmaker is now facing charges for discussing it. A crucial part of a functioning democracy is the ability to openly and publicly debate significant legislative changes before they are passed into the statute book. If proposed legal changes cannot be openly discussed without politicians facing prosecution, it has serious ramifications for the very functioning of the Pakistani state. It is the public that will suffer if laws and policies can’t be debated and scrutinised.

The blasphemy law has created and facilitated a culture of vigilantism. As soon as someone has been accused of blasphemy, they live under the threat of death. When the young Christian girl Rimsha Masih was falsely accused of blasphemy last year, her family was forced into hiding. According to the Islamabad-based Centre for Security Studies, at least 52 people accused of blasphemy have been killed since 1990. Many die at the hands of angry mobs before they are convicted. Given this high threat of violence, it is perhaps unsurprising that politicians are afraid to touch blasphemy law.

In Pakistan, as in my countries across the world, those who shout the loudest end up wielding the most power. Unfortunately, extremist or conservative elements are more than capable of invoking religion to stir up mass outrage and violence. There is no doubt that this has had a chilling effect on free speech across the board; campaigners working in areas from women’s rights to internet censorship can find themselves dismissed as blasphemers or immoral people, and facing the associated backlash.

Politicians should not be above the law (a particularly sore point given recent corruption allegations), but nor should they be penalised for doing their jobs. A situation where the reform of a particular law cannot be discussed in case the discussion itself breaks that law is worthy of a Kafka story, but not of a healthy and functioning state.

 

Sherry Rehman, who was appointed Pakistan's ambassador to the US on 23 November 2011. Photograph: Getty Images

Samira Shackle is a freelance journalist, who tweets @samirashackle. She was formerly a staff writer for the New Statesman.

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Anorexia, breast binding and the legitimisation of body hatred

Forcing people to live in a body where they do not feel at home causes intense, often unbearable suffering.

In 1987 I underwent the first of three hospitalisations for anorexia. I was force-fed via a nasogastric tube. This led me to gain a significant amount of weight, which I hated. Furthermore, it made my overall psychological state not better, but worse.

Upon discharge I lost the weight again and in the years that followed I tried to play a game of keeping myself just thin enough to manage my anxiety, not so thin as to be coerced into further treatment. I was not always successful. I used to fantasise about the peace I would experience if only people were to leave me alone. The expectations they had for my life, my body, were not my own.

Decades later I have not come round to other people’s point of view. I still think force-feeding was violent, traumatising, if not downright abusive. I still reject the idea that one might somehow, by sheer force of will, learn to accept a body in which one does not feel at home. The portrayal of anorexia as some invading enemy, or a sly, toxic friend, is one I find wholly ridiculous. There was no battle between the “real” me and a manipulative, alien “Ana”. Every thought I thought, every feeling I felt, was mine.

Should this sound like the start of The Pro-Ana Manifesto, I would like to stress that anorexia robbed me of a great deal. It almost killed me. Perhaps, if I had been “left in peace”, I would not be around to write this today. Yet there was no simple cure, no demon to kill. There was, in the end, no Ana, no skinny mean-girl shadow stalking me, whispering in my ear. There was only me. There was only ever me and a world for which I desperately wanted – and still want – to be the right shape.

In Hunger Strike, Susie Orbach describes how recovery from anorexia is seen by many as having been achieved “when the normal weight is reached and appropriate sex role functioning is achieved”. It is not just a matter of “being healthy” or “looking normal”; gaining body fat means, for a woman, gaining hips and breasts and having to contend with the gendered expectations that accompany this. A female with hips and breasts has a job to do, a role to perform, both sexually and reproductively. I did not want this role. It was easier to change my body than to ask the world to accommodate my humanity.

There is a way in which I understand force-feeding and coercive eating disorder management as a form of conversion therapy, an attempt to impose gender conformity on an unwilling subject. The problem is not the anorexia sufferer’s refusal to eat; she is absolutely correct in assuming that by gaining weight, she will be expected to give up something very personal and meaningful to her. “I have gained weight, but lost myself,” writes Nancy Tucker of her own recovery. “How can I explain that inside I remain an anorexic, but trapped in a fat suit?” How can one be seen as human being while looking like a woman? The anorexic must struggle with this conundrum, at least if she wants to live, but it cannot be hers alone to solve.

I first became ill in 1987, aged 11. I’d been an early developer, already wearing a bra at primary school. I did not want to be that person, the fat girl, the slag, the one who got her breasts groped, her bra snapped, pushed into corners, the one who ended up playing that role anyhow, because it’s less shameful to be a slut in a slut’s body than it is to be a blushing eleven-year-old prude with tits. I tried it for a while, a good eight months, then I gave up and stopped eating. Such a pattern is not uncommon. Eating disorders are more prevalent in those of us who experience an early onset of puberty. I knew, absolutely and without question, that the body I had acquired was not the one I was supposed to have. I wanted to be one of the skinny, straight girls, the ones whose bodies were indistinguishable from those of the boys. Better still, I wanted to be a boy, to never have to gain hips and breasts, or to bleed, again.

Had I been born thirty years later, starvation may not have felt like my only option. By which I do not mean that the situation for pubescent girls has improved. My groping male classmates interpreted female bodies through the lens of Playboy and page three; the harder, faster, crueller world of online porn was yet to come. I mean I could have said I was not a girl. I did not feel like a girl. I was not a girl, not that girl, not that bleeding, stinking body I had become. It would not have been a lie. If I were going through what I went through thirty years ago today, perhaps I would not have needed to flee puberty all alone. I could have asked for help. Instead of having to face down my force-feeding adversaries, I could have found adults willing to support me in my efforts to sculpt a body more in keeping with my sense of self.

For instance, recent advice given to UK schools on how to accommodate the needs of transgender children includes information on chest-binding. According to Cornwall Council, binding can be “hot, uncomfortable and restrictive – but very important to [pupils’] psychological wellbeing”. Teachers are nonetheless told to remain aware of the risk of “breathing difficulties, skeletal problems and fainting”. Lancashire County Council offers the following advice:

“If you have young people who bind their chests, monitor them carefully during physical activities and in hot weather. It may be necessary to subtly offer more breaks.”

I’m perfectly aware that one is not supposed to question guidance of this nature. But I think, just for one moment, we should be honest about what we are witnessing. Young people who hate their breasts, absolutely loathe them, would be willing to take a knife to them and slice them off, would be practically suicidal if someone told them that these breasts were with them for life. Young people who know without doubt that their inner selves, their very identities, are wholly incompatible with the ownership of breasts. Young people who, in other words, feel exactly as I did. And instead of challenging this self-hatred – instead of acknowledging the pain (which no one did for me), but also recognising that it is not caused by the body itself – grown adults are accepting this narrative without question. Because it’s easiest. Because yes, a child still suffers, but the ends (not looking female) are deemed to justify the means (physical pain and possible long-term damage).

Pink News recently described the drawing of comparisons between anorexia and certain narratives of transgender experience as “insulting”. It was not made clear who was being insulted, but I’m guessing it was not anorexia sufferers; after all, they’re the mentally ill ones. While I have no desire to get into a long discussion on the arbitrary nature of definitions of sanity, I think it is perfectly possible to acknowledge the cultural, political and gendered meanings of anorexia without going all-out pro-ana and suggesting it is not an illness at all. It is an illness that operates within particular social settings, in response to and interacting with particular cultural influences. “The world gets harder and harder,” writes Hilary Mantel on self-imposed starvation. “There’s no pleasing it. No wonder some girls want out.”  

The female-to-trans narrative offers a different way of framing the same impossible dilemma. We know that there are countless individuals who have always had this sense of not-belonging. It is now being suggested that contemporary trans politics is granting them to access the language and treatments they have needed all along. But another way of putting it might be that a vocabulary and treatment protocol have been created precisely in order to accommodate rather than challenge the relationship between gender and hatred of one’s own sexed body. What we are seeing remains a symptom, not a cure.

In The Argonauts, Maggie Nelson describes her partner Harry’s experiences of binding:

“Your inability to live in your skin was reaching its peak, your neck and back pulsing with pain all day, all night, from your torso (and hence, your lungs) having been constricted for almost thirty years. You tried to stay wrapped even while sleeping, but by morning the floor was always littered with doctored sports bras, strips of dirty fabric – “smashers” you called them.”

I can easily see myself, aged 14 or 15, reading words like this over and over again, every bit as reverently as I used to read every anorexia memoir I could get my hands on, absorbing every word, feeling ashamed of not being as hardcore, of not having proven myself yet. You still have breasts. You’re not bleeding. Do better. Do more. This is not to question the genuine pain that is being depicted here. At one point Nelson reports her partner’s response to her own lack of comprehension:

“Don’t you get it? you yelled back. I will never feel as free as you do, I will never feel as at home in the world. I will never feel as at home in my own skin. That’s just the way it is, and always will be.”

I don’t know a single long-term anorexia sufferer who has not expressed similar sentiments. And there is no simple response, because it is, in all likelihood, the truth. It is heartbreaking, a tragedy. We can acknowledge the validity of an individual’s suffering without losing sight of the fundamental injustice of it.

It would be wonderful if there were a simple answer to all this. Every day young women are encouraged – berated, almost – to accept their bodies, love their curves, not give a fuck about what men think. It doesn’t work. If it were that easy – if feminism were self-help, little mantras you repeat in your head, one long, extended Dove advert – we’d all be laughing. It’s not. Body positivity messages do not help, even those that do not come with advice on how to get “beautiful underarms” or “age-positive skin”. To really, truly get to the heart of what is wrong with female flesh, why it feels so hateful and alien to so many of us, we need to relate our alienation to the uses and abuses to which this flesh is put. And even then we need to accept that doing so will not necessarily save us as individuals. But the idea that sexed bodies do not match identities due to some innate mismatch – as opposed to the deeply political meanings inscribed upon them – is not just absurd, it is harmful. It leads us to focus only on our bodies and it short-circuits efforts towards long-term political change.

We are reaching a point where even questioning body-hatred is seen as a cruel denial of an individual’s inner self.  I have even seen articles including statements such as “personally, I would feel more empowered in my body […] if I heard that hating your boobs is OK”. How is one supposed to respond to that? ”Well, then, hate away?” Then there is the assumption that women who “consent” to be women – who choose not to bind or change their pronouns – must be so insensitive, so dumb, so politically unengaged as to be pacified by a quick “love your curves” slogan. The truth is that very few female people can accept their bodies as long as ownership of a female body – failure to starve it away, or crush it, or have it surgically corrected – is taken as implicit consent to be treated as a member of the inferior class.

I am not saying “burn your binders”. Forcing people to live in a body where they do not feel at home causes intense, often unbearable suffering. There is no quick fix, perhaps not even a lifetime one. But we need to think hard and keep asking questions, even if these contradict other people’s interpretations of what is possible for them.

We need to accept that an individual’s experience of themselves and their body is an interaction with the world around them. We need to do what we can to create comfort and hope. For women, there is a cost to growing and a cost to staying small. There is pain either way. But please can we keep open the option that it doesn’t have to be like this for all of us, forever? No matter how much it hurts we must at least believe that.  

Glosswitch is a feminist mother of three who works in publishing.