The significance of Article 295 (A)
WE are familiar with Article 295 (C) of the Constitution, which has tremendous significance in the land of PAKISTAN as it criminalizes the act of dishonouring the very foundation of our country i-e Islam.
Article 295, all in all, protects the sentiments of people of different faiths and religions in Pakistan.
It is the legacy of British rulers, who were compelled to pass an amendment in a law that was previously dedicated to Christianity only.
Unfortunately, compliance with the law has always remained partial. Unlike clause C of Article 295, clause B is treated to be inconsequential in Pakistan.
Article 295 (A) explains that “Whoever, with the deliberate and malicious intention of outraging the ‘religious feelings of any class of the citizens of Pakistan, by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both”.
In recent instances, the country’s native communities witnessed no binding to this part of very influential law.
Recently, two incidents happened that shook the sentiments of the Hindu community of Pakistan.
A man from Mithi forced a Hindu who works at the Thar coal project to hurl abuse and mock religious deities.
Thanks to social media, which compelled the authorities to take notice. Although serious efforts were made by the Hindu community to punish the culprit as per the law, yet all were in vain.
The culprit is still at large. Encouraged by this, on another occasion, the same person, over social media, was using derogatory remarks regarding Hindu deities while comfortably sitting in his car.
Not only did this case go unnoticed, no one from National Response Centre for Cyber Crimes (NR3C) bothered to pay heed to the removal of the content.
Clause-A of 295 has always been subjected to a violation, not only from these ordinary men but also from so-called leaders of the public.
In 2019 Punjab government spokesperson Fayyaz ul Hassan Chohan was sacked for mocking Hinduism and his bigotry against the religion.
He was restored to the same position months later, though. Pakistani religious scholar, renowned televangelist, and a member of the National Assembly Aamir Liaquat Husain, earlier this year, took a jab against Maryam Nawaz, Vice President Pakistan Muslim League-Nawaz (PML-N), by insulting a Hindu deity on Twitter.
Although Husain has since issued an apology and deleted the tweet, the episode reminds us of the double standard of Pakistan’s stance on blasphemy and the correlated laws.
Unlike Husain, who didn’t even have to face any criminal inquiry for open sacrilege against Hinduism, those accused of blaspheming against Islam do not have the privilege of a retraction or apology.
As little as 8 years old Hindu boy recently has been charged with blasphemy in the city of Rahim Yar Khan (Bhong) and when an apology was issued by parents, the mob burnt the temple and made the Hindu community flee the city.
Factually, as much as this is about the religious sentiments of a community, it is regarding the equal treatment of the law of the land.
Nations that adhere to double standards of law and use it as a pretext to infringe the legitimate rights of their citizens ultimately compromise the stability of their nation by their inability to make their citizens abide by the law.
Non-compliance is a general offshoot in such an aura of confusion regarding the authenticity of the law.
Taking Pakistan’s status as a chief denier of religious freedom as per the US report on international freedom 2020 into consideration, Pakistan should implement a global blasphemy law, which is essential to secure the religious interests of its minorities and improve its image in the world.
This can only be done if existing laws like Article 295 (A) are taken seriously and given equal importance as its following clause.
—The writer works at Pakistan Hindu Council and a social activist.
