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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What David Hockney has to tell us about football

Why the sudden glut of blond footballers? A conversation I had with the artist back in 1966 gave me a clue. . .

In 1966, I went to interview David Hockney at a rather run-down flat in Bayswater, central London. He was 28 and had just won a gold medal at the Royal College of Art.

In his lavatory, I noticed a cut-out photograph from a newspaper of Denis Law scoring a goal. I asked if he was a football fan. He said no, he just liked Denis Law’s thighs.

The sub-editors cut that remark out of the story, to save any gossip or legal problems. In 1966 homosexual activity could still be an offence.

Hockney and a friend had recently been in the United States and had been watching an advert on TV that said “Blondes have more fun”. At two o’clock in the morning, slightly drunk, they both went out, bought some hair dye and became blond. Hockney decided to remain blond from then on, though he has naturally dark hair.

Is it true that blonds have more fun? Lionel Messi presumably thinks so, otherwise why has he greeted this brand-new season with that weird blond hair? We look at his face, his figure, his posture and we know it’s him – then we blink, thinking what the heck, does he realise some joker has been pouring stuff on his head?

He has always been such a staid, old-fashioned-looking lad, never messing around with his hair till now. Neymar, beside him, has gone even blonder, but somehow we expect it of him. He had foony hair even before he left Brazil.

Over here, blonds are popping up all over the shop. Most teams now have a born-again blondie. It must take a fortune for Marouane Fellaini of Man United to brighten up his hair, as he has so much. But it’s already fading. Cheapskate.

Mesut Özil of Arsenal held back, not going the full head, just bits of it, which I suspect is a clue to his wavering, hesitant personality. His colleague Aaron Ramsey has almost the full blond monty. Paul Pogba of Man United has a sort of blond streak, more like a marker pen than a makeover. His colleague Phil Jones has appeared blond, but he seems to have disappeared from the team sheet. Samir Nasri of Man City went startlingly blond, but is on loan to Seville, so we’re not able to enjoy his locks. And Didier Ndong of Sunderland is a striking blond, thanks to gallons of bleach.

Remember the Romanians in the 1998 World Cup? They suddenly appeared blond, every one of them. God, that was brilliant. One of my all-time best World Cup moments, and I was at Wembley in 1966.

So, why do they do it? Well, Hockney was right, in a sense. Not to have more fun – meaning more sex – because top footballers are more than well supplied, but because their normal working lives are on the whole devoid of fun.

They can’t stuff their faces with fast food, drink themselves stupid, stay up all night, take a few silly pills – which is what many of our healthy 25-year-old lads consider a reasonably fun evening. Nor can they spend all their millions on fun hols, such as skiing in the winter, a safari in the spring, or hang-gliding at the weekend. Prem players have to be so boringly sensible these days, or their foreign managers will be screaming at them in their funny foreign accents.

While not on the pitch, or training, which takes up only a few hours a day, the boredom is appalling, endlessly on planes or coaches or in some hotel that could be anywhere.

The only bright spot in the long days is to look in the mirror and think: “Hmm, I wonder what highlights would look like? I’ve done the beard and the tattoos. Now let’s go for blond. Wow, gorgeous.”

They influence each other, being simple souls, so when one dyes his hair, depending on where he is in the macho pecking order, others follow. They put in the day by looking at themselves. Harmless fun. Bless ’em.

But I expect all the faux blonds to have gone by Christmas. Along with Mourinho. I said that to myself the moment he arrived in Manchester, smirking away. Pep will see him off. OK then, let’s say Easter at the latest . . . 

Hunter Davies is a journalist, broadcaster and profilic author perhaps best known for writing about the Beatles. He is an ardent Tottenham fan and writes a regular column on football for the New Statesman.

This article first appeared in the 22 September 2016 issue of the New Statesman, The New Times