Pakistan: Blasphemy law and fundamental rights

Daily Times by Haider Shah: All over the world, absence of discrimination on the basis of religious faith is one of the most important fundamental rights, which is also conspicuous in the Pakistani constitution

When a tree in a jungle is ablaze, no bird in the nearby trees sleeps complacently. But we have developed an uncanny ability of underestimating the nature of an impending trouble, be it a natural calamity or a storm created by our own national folly. Our inaction over blasphemy laws is one such example. In this two-part analysis, I intend to make a case for repeal of those provisions in the Pakistan Penal Code, which were inserted by Ziaul Haq by establishing that they contravene the fundamental rights guaranteed by our constitution.

The Constitution of Pakistan, vide its Article 8, declares all laws and usages in Pakistan void if they violate the fundamental rights spelt out by Articles 9 to 28 of the constitution. Comparing the language and tenor of the fundamental rights enumerated in the constitution with those found in democracies such as the US, Canada, India and the European Convention on Human Rights, it is not difficult to see that our fundamental rights derive their inspiration from the modern humanist movement. All over the world, absence of discrimination on the basis of religious faith is one of the most important fundamental rights, which is also conspicuous in the Pakistani constitution. For instance, Article 10A ensures the right to a fair trial and due process of law. Article 14 guarantees inviolability of the dignity of man and Article 19 guarantees freedom of speech. Articles 20 to 22 guarantee all religious minorities of Pakistan equal rights of professing religion, running religious institutions and no discrimination in taxation matters. The last mentioned fundamental right is important in its symbolic value as it does not honour the principle behind jazya — a long-standing usage among Muslim rulers of the past, which historically legitimised higher taxation of non-Muslims.

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  1. Living in a country like Pakistan and having a deep love for it in body and soul is an awful experience for a sensitive person.A country where rights of individuals are almost banished and deprived and oppression in the name of religion is a common factor of society is not a worth living but i have to.
    Ahmadis a minority radical group of Muslims is considered none Muslims on the basis of differences in beliefs.They are a continuous target of hatred from the orthodox hierarchy of Pakistan’s clergy of so-called Muslim majority. Law of blasphemy is often used to punish innocent people of minorities.
    Recent incident in Islamabad accusing a christian woman named Rimsha is an example of misuse of this law.
    The religious minorities in Pakistan are leading a miserable life under the shadow of fear and hatred due to this law of blasphemy. It is very easy accusation to call some one Qadiani and then file a case against him or her on the liberation given in this law calling his any act a blasphemous act.

    Alas I am living in a country which has an environment of hate and arson but I love my country.

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