Blasphemy Laws and Minority Rights: Balancing Freedom of Religion and Criminal Sanctions in Pakistan

Abstract

The overlapping of laws against blasphemy and minority rights in Pakistan is a very controversial legal and human rights concern and one typified by the conflict between the importance of safeguarding the sentiments of a religion and of safeguarding the rights of the individual. The current paper will fill an important gap in knowledge that concerns the transformations in the use of blasphemy legislation originally aimed at protection of the public order into its further instrumentalization in the processes of marginalizing religious minorities and silencing Critical Voices.

The central goal is an investigation of the relationship between Pakistani laws regarding blasphemy and minority rights with special attention to the tension between the constitutional rights to religious satisfaction and the severe criminal punishment provided in the penal code. It looks also into the question of whether the existing system of law has sufficient protections against abuse.

In terms of methodology, the study is probably going to perform the qualitative legal-analytical study, relying on the constitutional documents, case-law, reports on human rights, and interviews with scholars of law and representatives of minorities. Other Islamic and secular jurisdiction perspectives can also be put in so as to put into perspective the legal environment in Pakistan.

The researcher is most likely to determine that Pakistan in place has imperfect laws enforcing blasphemy because the implementation of these laws in the country discriminates most of the time against the religious minorities in the country without effective legal rights or even the evidence required. There can be undue pressure in the society, intimidation and inconsistency in the procedure of those in judicial proceedings which results into miscarriage of justice.

Drawing to a close, the article points out the dire necessity of strict legal changes and the increase of judicial control. It demands a moderate stance that should not offend religious feelings of people on one hand and infringe on the rights of minorities and the freedom of speech. The implications of the finding are important to the legal policy, inter-religious relationship, and international environment of human rights in Pakistan.