Category Archives: Human Rights

Blasphemy law amendment

By Zubeida Mustafa
Source: Dawn

THE uproar following Aasiya Bibi`s death sentence for alleged blasphemy has a familiar ring to it. If the past is anything to go by, we can be assured that Aasiya Bibi will not go to the gallows.

For every time a case of an alleged blasphemer sentenced to death has come into the limelight, there has been a hue and cry from the enlightened section of Pakistani society as well as human rights activists abroad, and the ruler of the day has had to give a reprieve to the condemned.

What next? Here is the example of Mohammad Younus Sheikh, a doctor/teacher in Rawalpindi, who was hauled up in 2000 under the infamous Section 295-C, found guilty and sentenced to death. Dr Sheikh won the support of some media persons and diplomats. His appeal led to a retrial that resulted in his acquittal. Dawn

Ardeshir Cowasjee and I wrote in support of Dr Sheikh in . After he had left Pakistan this erstwhile death row prisoner wrote me a letter of thanks.

I quote verbatim from his communication to convey the emotions of a person who had faced the hangman`s noose for “false and fabricated charges”: “The retrial was held in November [2003]. This time in view of the threats my lawyers had received, I decided to conduct my own defence. I was acquitted on Nov 20 and released in great secrecy on the 21st. Following my release I spent several weeks visiting family and friends, but during this time I received indirectly a number of threats to my life, and in the second week of January I heard that my accusers had appealed against my acquittal. I realised that for my safety I had to leave my country.”

He continued, “Happy though I am to be free, I cannot forget that as long as the blasphemy laws are on the statute books, they will continue to be misused. At this very moment [January 2004] there are at least 100 innocent people, victims of these black laws, languishing in various jails and lock-ups in Pakistan awaiting an uncertain future.

“It is a sad reflection on the state of society in Pakistan that even when individuals are exonerated, their lives may still be threatened by the fundamentalists and many will be forced to flee Pakistan. The state seems unable to provide us protection. I was not at all eager to leave my country and would willingly have stayed with my family and friends.”

That should give us an idea of the fate that awaits Aasiya Bibi. This is how it has been since the 1980s when Gen Ziaul Haq changed the laws in vogue since colonial times to introduce a draconian provision (Section 295-C) that prescribes the death penalty for making derogatory remarks against the Holy Prophet (PBUH). Isn`t it strange that a law that is supposedly designed to deter blasphemy has actually led to a rise in the number of cases reported?

Between 1927 and 1986 (the year the amendment to the Pakistan Penal Code and the Criminal Procedure Code became effective) 10 cases of blasphemy were reported. In 1988-2005, 647 people were charged for offences under this law and half of them were non-Muslims. More than 20 were murdered while they were under trial. A judge who acquitted an alleged blasphemer was also killed.

It requires no profound wisdom to see that the law is being abused to settle personal scores, tyrannise over the minorities and for economic gains. The laws have become a weapon for the fundamentalists to inflict fear on a society that has been becoming increasing intolerant. If people like Dr Sheikh have been saved it is because activists raised a hue and cry. But this speaks of a fire-fighting approach — the blasphemy law remains intact.

All kudos to Sherry Rehman, the PPP MNA, for taking the bold step of introducing a bill in the National Assembly recently that seeks to amend the blasphemy law. Ideally this law should have been done away with altogether. Sherry Rehman also admits that. But she says “there is no appetite for repeal”. Hence she has moved an amendment to take the bite out of the law. That is the approach she adopted for the Hudood laws — and succeeded.

As a tenacious fighter for human rights causes Sherry Rehman has sound credentials, and she must be supported. After all who would understand the mindset of her fellow parliamentarians better? Explaining the amended law, Sherry Rehman says that the blasphemy amendment bill requires the accuser to establish the “malicious intent” of the accused.

Since the death penalty has been removed and sentences reduced in the law, the incentive to use the law for other advantages has also been removed.

To deter false accusers with mala fide intent a clause has been added that penalises strongly all false accusations and there is a provision that all blasphemy cases will be moved to the high courts where higher public scrutiny is possible and miscarriages of justice less likely.

Dr Sheikh, who now lives abroad and campaigns for the repeal of the laws, wrote to me on “behalf of the victims of blasphemy laws” to say they “welcome” the proposed amendments. He suggests some additions which the mover of the bill could consider to further strengthen it.

First, compensation should be paid for the expenses incurred, the time spent in prisons which could have been used for socio-economic activity, for the life of a person killed or injured while in prison or on bail, or after being acquitted by the courts. Secondly, a criminal case against false accusers and false witnesses should be instituted automatically. Thirdly, the proposed amendments should apply to all the cases registered with the police since the introduction of the blasphemy laws. n

Dr Sheikh has a valid point. It is time for the Assembly to begin a serious debate on the blasphemy laws now that Sherry Rehman has taken the plunge.

The whackos in our midst

By Zubeida Mustafa
Source: Dawn

IN Jhootha Sach, Yashpal’s epic novel in Hindi on Partition (now translated elegantly into English as This is not that Dawn by Anand) there is a profound observation.

It is made by the Sikh bus driver who transports a bunch of kidnapped, raped and abused Hindu women from Lahore to Amritsar. On the way he passes a caravan of bedraggled Muslim refugees walking in the opposite direction towards Pakistan. There follows another group that is humiliating and degrading a handful of Muslim women who have likewise been raped.

The driver comments, “Countries of human beings have been turned into nations by religion…Those that God had created as one have been torn apart by the distrust of others, and all in the name of God”.

Isn’t it paradoxical that all faiths teach compassion, humanism and love and yet religion has emerged as the biggest divider of humanity today? This is one area of life where tolerance and coexistence are widely shunned.

In a thought-provoking book, Religions of South Asia, authors Dr Viqar Zaman and Gul Afroz Zaman observe so aptly, “All religions are meant to provide a code of conduct which will ensure safety, security, peace and harmony in their respective societies. History shows that this did not always happen. Conflict within religions, and between religions, [has] occurred on numerous occasions. At present, most conflicts in the world are based on religion”.

How true this is. In the twentieth century the religious conflicts of yesterday largely lost their edge as contest for political and economic control related to colonialism and imperialism emerged as the key determinant of relations between societies and states. Democratic, liberal traditions, the rule of law, political imperatives and globalisation that has created multicultural societies that subscribe to the norms of tolerance, took the focus away from religious polarisation.

But in a few cases religion was factored into politics to give strength to one party vis-à-vis another in the power struggle, the most notable examples of this being the circumstances governing the birth of Israel and Pakistan.

This situation has changed since 9/11 and in many instances religion itself is now at the root of conflict that is devouring nations. True there are obscurantist and dogmatic elements on the fringes of every religion — be it Islam, Christianity, Hinduism, Judaism or any other — who have created a widening rift between faiths that is becoming increasingly difficult to bridge.

Ironically the fringe elements are one another’s bitterest foes yet they feed off each other to bolster their respective causes. As Andrew Coyne observes in Canadian news magazine Maclean’s, an excess of sensitivity leads to deliberate outrage and thus to still further outrage.

Mercifully we still have sane and rational people identifying the malaise. Badri Raina, a retired professor of Delhi University, titled his latest ZNet column ‘We abuse Ram when we spill blood in his name’. In Pakistan blood is being spilled in the name of Allah and there is no dearth of armchair critics who feel revulsion against this horrible phenomenon. In the US “the deranged Florida pastor” Terry Jones, to use Andrew Coyne’s words, invited angry derision from non-Muslim North Americans for threatening to burn the Quran.

The opposition to building a mosque (actually a prayer room) at Ground Zero (actually a few blocks away) was what brought about the angry criticism. Michael Moore, the award-winning film-maker of Fahrenheit 9/11-fame writes on the Huffington Post website, “Blaming a whole group for the actions of just one of that group is anti-American…. Let’s face it, all religions have their whackos…. But we don’t judge whole religions on just the actions of their whackos”.

Yet why are the ‘whackos’ gaining the upper hand? It is simply because on the one hand the liberals who speak in support of tolerance never organise themselves on the ground to network at the grassroots level to draw strength from the people. They fail to make an impact. On the other hand, the media’s role in providing publicity to the ‘whackos’ has helped their cause immensely. By choosing to sensationalise matters relating to religion that encourage religiosity and exclusivity, many TV channels have also promoted religious extremism. Gut issues that really matter never get addressed.

Take just one example, that of the Ahmadi community in Pakistan. The Ahmadis were declared non-Muslim by the Second Amendment to the 1973 Constitution by a supposedly secular, liberal prime minister and a decade later a staunch Islamist military leader banned them from identifying themselves as Muslims or calling their places of worship as mosques.

As though it was not bad enough that the Ahmadis, who produced the only Nobel Prize winner this country has ever had (Prof Abdus Salam), the community has been made the victim of violence and discrimination. In May, 93 worshippers were killed when their houses of worship in Lahore came under attack. No compensation was paid to them. Ahmadi flood victims have reportedly found themselves being denied relief goods. What kind of justice is this?

The channels and print media have left no aspect of the Sialkot incident that led to the brutal lynching and killing of two brothers in August unexplored. But how many have highlighted the exemplary behaviour of the Ahmadi worshippers on May 28, when they managed to capture alive two gunmen? In spite of extreme provocation, the congregation exercised restraint and did not take the law into their hands. The gunmen were given to the police to allow justice to run its course. One doesn’t know if it did.

The media didn’t find this incident exciting enough to pursue. As a result it is still not known what happened to the gunmen and what they had to say.

It appears that when it comes to the Ahmadis, many people in Pakistan become what Michael Moore dubs as ‘whackos’.

Seeking Inclusion and Opportunity, the Disabled Confront Pakistan’s Myriad Challenges

By Zubeida Mustafa
Source: The WIP

In Pakistan, people with disabilities are generally missing from public places such as shopping malls, restaurants and even universities. But it’s not that the country doesn’t have its share of the disabled; on the contrary, their numbers are estimated to be 16 million. So why are they invisible?

Civilians in the war zone

By Zubeida Mustafa
Source: Dawn

We are constantly being exhorted to treat the war on terror as our own war and not theirs (the Americans’). We are told to own it. From that one deduces that we should make our due contribution to the war effort. One would not argue with that line of thinking — no, not at this stage.

Now that Pakistanis find themselves caught in this quagmire of conflict they do not have much of a choice except to try and wade their way out. For this they are extending full support to the army and the government.
Continue reading Civilians in the war zone