ISLAMABAD: The Senate has approved a bill to raise the penalty for using derogatory language against revered personalities, including the family of the Holy Prophet (Peace Be Upon Him), his wives, companions, and the four caliphs, from a three-year prison term for a minimum of 10 years.
The bill, titled The Criminal Law (Amendment) Bill, 2023, was initially passed by the National Assembly in January with only 15 lawmakers present.
In February, Human Rights Minister Riaz Hussain Pirzada had advised Prime Minister Shehbaz Sharif to reverse the amendments, stating that they were intended to “appease a specific group” and had been approved without following proper parliamentary procedures.
In a letter to the prime minister, Pirzada had emphasized the state’s responsibility to protect religious minorities, which he said was both an Islamic principle and a constitutional duty.
Six months later, the Senate passed the bill on Monday, presented by PML-N Senator Hafiz Abdul Karim, with Jamaat-i-Islami’s Senator Mushtaq Ahmad also listed as a mover of the bill.
Advocating for the legislation, Ahmad pointed out the rise of blasphemy-related incidents on social media. He noted that the current law was somewhat “ineffective” and that the bill aimed to strengthen it.
Religious Affairs Minister Senator Talha Mahmood similarly argued that the bill did not offend anyone’s sentiments and should be passed unanimously.
However, certain members of the House, particularly PPP’s Sherry Rehman, insisted that the bill should be referred to the relevant committee for further review.
Rehman highlighted the tendency to pass bills hastily and noted that they had not even seen the bill before. She emphasizes that while they respected all prophets, legislation should not be rushed in the name of religion.
Karim, however, pushed for the bill to be put to a vote.
Senate Chairman Sadiq Sanjrani then called for a vote on the bill, which was subsequently passed.
The Bill’s Proposed Amendments
The bill seeks to amend Section 298-A of the Pakistan Penal Code (PPC), which currently states: “Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (ummul mumineen), or members of the family (ahl-i-bait) of the Holy Prophet (Peace Be Upon Him), or any of the righteous caliphs (khulafa-i-rashideen) or companions (sahaaba) of the Holy Prophet (Peace Be Upon Him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.”
The proposed amendment seeks to modify this clause to stipulate that the penalty for this offense is “imprisonment for life which shall not be less than 10 years.”
Likewise, the bill suggests amendments in the Code of Criminal Procedure’s Second Schedule, which include issuing a “warrant” for a suspect in the first instance of the offense outlined in Section 298-A of the PPC, designating the offense as non-bailable, increasing the punishment to a minimum of 10 years of imprisonment, and specifying that suspects accused of the offense should be tried by a “court of sessions.”
Furthermore, the bill’s statement of objectives and reasons highlights the involvement of certain individuals in “blasphemy on the internet and social media,” and underscores that acts of disrespect towards revered personalities, including the Holy Prophet’s (PBUH) companions, have contributed to “terrorism,” “disruption in the country,” and harm to people from all walks of life.
The statement deems the current penalty for the offense as “lenient,” leading to individuals taking the law into their own hands and escalating violence.
