The offences relating to religion were first codified by India’s British rulers in 1860 and were expanded in 1927. Pakistan inherited these laws when it came into existence after the partition of India in 1947. Between 1980 and 1986, several clauses were added to the laws. The blasphemy laws were introduced through Sections 295-B and 295-C of the Pakistan Penal Code. Section 295-C, which was added by an act of the parliament in 1986, made it a criminal offence to use derogatory remarks in respect of the Holy Prophet Muhammad ﷺ.
The law enacted by the British made it a crime to disturb a religious assembly, trespass on burial grounds, insult religious beliefs or intentionally destroy or defile a place or an object of worship. The maximum punishment under these laws ranges from one year to 10 years in jail, with or without a fine.
In 1980, making derogatory remarks against Islamic personages was made an offence, carrying a maximum punishment of three years in jail.
In 1982, another clause prescribed life imprisonment for “willful” desecration of the Quran, the Muslim holy book.
In 1986, a separate clause was inserted to punish blasphemy against the Prophet Muhammad ﷺ and the penalty recommended was “death, or imprisonment for life”.
The Human Rights Commission of Pakistan (HRCP), a voluntary organization, says that Muslims constitute the majority of those booked under these laws, closely followed by the Qadiyani community.
Data provided by National Commission for Justice and Peace (NCJP) shows a total of 776 Muslims, 505 Qadiyanis, 229 Christians and 30 Hindus have been accused under various clauses of the blasphemy law from 1987 until 2018.
Most of these cases were lodged for desecration of the Quran – far fewer for blasphemy against Prophet Muhammad ﷺ.
In 1991, the FSC (Federal Shariat Court) while deciding a petition of Mohammad Ismail Qureshi had held that the alternative punishment of life imprisonment provided in Section 295-C of the Pakistan Penal Code (PPC) was opposed to the rulings of Islam. The court further directed the federation to add a provision to the effect that any act of blasphemy upon other prophets should also be punishable with death. The government was told to amend Section 295-C by April 30, 1991.
Pakistan has yet to execute anyone for blasphemy. Most of those given the death penalty have their sentences overturned or commuted on appeal. ICJ’s (International Court of Justice) 2015 study on the implementation of blasphemy laws in Pakistan found that more than 80 per cent of convictions by trial courts are overturned on appeal, very often, because appellate courts find evidence and complaints fabricated based on “personal or political vendettas”.