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From Protection to Persecution: The Weaponization of Article 295-A

You are free to go to your temples, you are free to go to your mosques, or to any other place of worship in this State of Pakistan. You may belong to any religion, caste, or creed—that has nothing to do with the business of the state… We are starting with this fundamental principle that we are all citizens, and equal citizens, of one State.

Muhammad Ali Jinnah

Peace and religious tolerance were central to Jinnah’s vision for Pakistan. In his view, religious differences are private matters that shouldn’t impede the state’s ability to carry out its mandate. He also supported the protection of minority rights. With regard to the state’s treatment of all of its citizens equally, regardless of their religious beliefs, his speech established the groundwork for a pluralistic society.

Pakistan has not only been the victim of political intolerance but also of religious bigotry. From holding each other’s throats on different political perspectives to accusing one another of blasphemous acts, Pakistan is falling into a regressive mode, and turning into a corrosive culture. While Article 295-A of the Pakistan Penal Code was originally intended to protect religious sentiments and promote harmony, its misuse has led to severe human rights violations. The case of Asia Bibi, who was sentenced to death in 2009 over blasphemy allegations, and the lynching of Mashal Khan in 2017 illustrate how these laws have been weaponized to serve personal vendettas, leading to tragic outcomes. Instead of safeguarding religious peace, blasphemy laws have become tools for fueling religious extremism and settling personal scores.

These laws have not only facilitated gross miscarriages of justice but have also escalated mob violence or extrajudicial killings. These often occur before any proper investigation or trial. While mob violence has historically plagued blasphemy cases in Pakistan, a more disturbing trend has emerged: the involvement of the police in these extrajudicial actions. In the case of Shahnawaz Kunbhar, human rights organizations suspect he was killed in a staged police encounter following blasphemy accusations. Similarly, Abdul Ali was killed by a police officer while in custody in Quetta. These incidents point to a deeply troubling breakdown of the legal process, with law enforcement complicit in the injustices stemming from blasphemy laws.

To curb the misuse of Article 295-A and prevent the tragic outcomes of blasphemy allegations, comprehensive reforms are essential. Strengthening judicial oversight by establishing specialized courts for blasphemy cases, coupled with strict police accountability mechanisms, would ensure that these cases follow due process. Law enforcement officers must undergo proper training on handling religiously sensitive cases. Additionally, public education campaigns promoting religious tolerance are vital in dismantling the extremist mindsets that fuel mob violence.

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