Open Access Research Article
Blasphemy Law And How Effective Is This Law In India And In Other Newfangled Countries (By-Ganivada S P D Gayatri)
Published Paper
Article Details
Blasphemy
Law And How Effective Is This Law In
India And In Other Newfangled
Countries
Authored By-Ganivada S P D
Gayatri
Introduction
A clear definition for the word “Blasphemy” is now same according to law in every country,
it says that any act of ridiculing, or being disrespectful, or irreverent of, by words or conduct, of God, religion, a
religious doctrine, a religious icon, or
anything considered sacred. It is considered
as a crime.
The Biblical meaning for blasphemy is “everyone who speaks a word against the son of man will be forgiven, but the one who blasphemes against the holy spirit will not be forgiven.
In ancient Greece, blasphemy consisted
of speaking ill of the gods and of
disturbing the peace.
According to chapter 18, verse 67 of Bhagavad Gita
“abhyasuyati” means one who is envious and blasphemous to the supreme lord. So, before we talk about blasphemy law lets look behind into the history of blasphemy”.
Blasphemy in Islam is impious utterance
or action concerning God.
In an era
where religious freedom and freedom of speech often find themselves coming into conflict, it’s no surprise that blasphemy
is back as a point of debate.
History Of Blasphemy
The
origin of the blasphemy from early 13th century from Greek word
“blasphemia”. Then translated from
Late Latin blasphemein , to Old French blasfemie, all words which now in middle English called as “blasphemy”.
In its earliest stages in the medieval west blasphemy was obscured by the
crime of heresy. The religious
orders of the late medieval
period and the confraternities of medieval Europe
were suddenly told to go out into the community
and tend to the religious
welfare of those they encountered and this arguably came to
be substitute for the crusades. This significantly closer contact with populations at large uncovered
indiscipline, inspiring an increasing interest
in heresy shown by the mendicant orders of Europe. The discovery
of blasphemy as a challenge
to the supremacy of God was theorised
as damaging all secular authority.
In England, blasphemy cases as far apart as
the 1880s, the 1930s, the 1970s and the 1990s all contained a fear of continental influences contaminating
“sacred” English morals. Early twentieth
century America also witnessed a number of panics associated with the dangerous spirituality and anti-religious
views of recent immigrants.
This era of blasphemy’s history belongs very much to the history of censorship as it does to a history of religious toleration. The spread of advanced literature was frequently confronted by conservative organisations who genuinely believed
that ruin would follow heterodox
religious and social opinion.
The discovery of blasphemy as a challenge
to the supremacy of God was theorised
as damaging all secular authority.
The offences relating
to religion were first codified
by India's British rulers in 1860, and were expanded
in 1927. More sophisticated power structures and mechanisms appeared
in late fifteenth century Germany
and these focussed
upon preserving the viability of religious oaths which had become vital to commercial
activity.
Thus, in the twentieth
century, blasphemers were more likely to be artists or authors exploring
society’s taboos or the nature of the sacred in an apparently
secular world. Such an analysis
explains the anti-clerical images of George Grosz in Germany in the 1920s and 1930s,
counter cultural episodes
of the 1960s in Austria and Holland, James Kirkup’s
poem published in Gay News in 1977, and the controversy and violent reaction to Andres Serrano’s controversial artwork Piss Christ of the 1990s. This demonstrated the transition from a model of ‘passive’
to ‘active’ blasphemy,
where the precise religious beliefs
and feelings of individuals were considered under direct attack from the expression of others.
Anti-clericalism led late
eighteenth-century governments to limit and
regulate the power of print culture upon the minds of the populace. The fear of blasphemers had changed to now concentrate upon ideologically motivated
libertines, deists, family limitation advocates
and radicals. In Britain's last blasphemy execution,
20-year-old Thomas
Aikenhead was executed for the crime in 1698. He was prosecuted for denying the veracity of the Old Testament and the legitimacy
of Christ's miracles.
What Is Blasphemy Law?
The blasphemy
laws are one of the most divisive and inflammatory issues in the country. It is a law which prohibits blasphemy and helps from exploiting and disrespecting towards
something considered sacred or inviolable. This law also eradicates traffickers to use the religion
to manipulate and control the people. Some blasphemy laws have been on the books for decades and have endured in spite of dramatic political and social changes
Blasphemy Law In India
Blasphemy law in India is a term unfamiliar
to the Indian legal and constitutional landscape, perhaps because the Indian judiciary has long
emphasized the inclusive and plural nature of Hinduism,
which makes a concept such as blasphemy
incoherent. The 1920s witnessed a rise of communal tensions in India due to
various Hindu and Muslim revivalist movements. The new realities compelled
the British authorities to amend the laws relating
to religious offences. These laws were partly successful in maintaining a delicate communal harmony with some exceptions in colonial India.
In the early 19th century in India there was no clear definition for the word blasphemy, it was just considered as an offence
against religion which was called as HATE SPEECH. HATE SPEECH LAW has not been defined in any of the laws of the country,
only prohibitions for using certain
forms of speeches and expressions are stated. Which is now called as a ground for imposing
restriction under article 19(2).
But this hate speech law is now called as Blasphemy
law on the grounds of religion.
In one of the judgements1 the Supreme Court upheld a ban on a historical-fictional retelling
of the life of Basaveshwara, noting that “no person has a right to impinge on the feelings of others on the premise
that his right to freedom
of speech remains unrestricted and unfettered.
In one of the leading
cases2 decided in 1957, the editor of a cow-protection magazine had been booked under Section 295A, and he took his case all the way up to the Supreme Court, while challenging the constitutionality of the section itself. His argument was very simple. Article 19(2) of the Constitution only allowed for reasonable restrictions upon the freedom
of speech in the interests
of public order. Section 295A, however, cast its net much wider, by criminalizing all speech that was intended
to outrage religious
feelings.
The court got around this argument
by engaging in a few linguistic contortions.
Blasphemy violates article 19(1)3, article 25-28 of the Indian constitution. Blasphemy not only violates freedom
of religion but also right to equality
and right to personal liberty.
It adversely affects
their dignity which is a right under Article 214. Sections which deal with blasphemy are section 153(A)(1)5 section
295, section 295(A), section 296, section 297, section 298 of Indian Penal Code.
1 Baragur Ramachandrappa and Ors vs State of Karnataka and Ors, 2007.
2 Ramji Lal Modi vs State of UP,
1957 AIR 620, 1957 SCR 860.
3 Article 19(1) of the Indian constitution - All its citizens the right
to freedom of speech and expression.
4 Article 21 of the Indian constitution – No person
shall be deprived of his life and
personal liberty.
5 Section 153(A)(1) of the
Indian penal code - whoever commits an offence in sub-section (1) any place of worship or in any assembly engaged in the
performance of religious worship or religious ceremonies, shall be punished with imprisonment which
may extend to five years and
shall also be liable to fine.
Blasphemy Law In Other Newfangled Countries
A 2017 report by the US Commissin of International Religious
Freedom (CIRF) identified 71 countries that criminalise
views deemed to be blasphemous. The
punishments for these transgressions vary from fines to the death penalty,
but the vast majority of countries (86%) that enforce blasphemy laws prescribe imprisonment for convicted offenders. In every country violations done by blasphemy
seems to be similar , in every country it violates
the freedom of religion or belief, it violates freedom of expression .
Sometimes it act a virus which spreads rapidly around the globe just like covid-19. So to stop this kind of dangererous virus ever country
have to take its own precations to stop it. Hence,
some countries like Italy, Spain and Switzerland punishes the accused one by fine ,
In some other countries like Austria, India, Germany, Bangladesh, and Indonesia pinishes
the accused one by imprisonment.
Iran and Pakistan are the only two countries in the region that explicitly
enshrine the death
penalty in law, although it is also carried out in Afghanistan, Iran and Saudi Arabia, according
to a 2016 study by the International Humanist and Ethicial
Union (IHEU).
And in some countries
like Ireland, Poland, Greece, Italy and Russia, it is still possible
to face criminal charges for blasphemy, although
in practice such prosecutions are rare and in most cases impossible
due to constitutional guarantees on freedom of expression.
All this punishments are given under blasphemy law . blasphemy
law has some common features
around the world like it
promother Intolerance and
discrimination against minoties.
This laws are often misused by everyone
, most blasphemy laws were embedded in the
criminal codes and more than 90 percent of the states with
blasphemy law perscribed imprisonment for convicted offenders.
Some blasphemy statutes
even imposed the death penality
as I have mentioned above.
Pakistan inherited the laws of india s british rulers when it came into existence after the partition of India in 1947.
Between 1980 and 1986, a number of clauses were added to the laws by the military government of General Zia-ul Haq. In 1981, during the El Zawya El Hamra religious
strife, the Egyptian penal code was amended to prohibit
the "insulting of religions." The
law was supposedly enacted
to protect religious
minorities, this law in Egypt is Article
98(f)6 of the Egyptian penal code.
Sub-Saharan Africa has the fewest restrictions on sacrilege. Only four of the region's
48 nations – Sudan, Somalia, Nigeria and Senegal – outlaw
blasphemy, although this does not account
for informal sharia law operating
at a local level in many Muslim regions.
However,
the IHEU report found blasphemy can
still technically carry the death penalty
in Nigeria and Somalia.
Blasphemy laws are inconsistent with universal human
rights standards, failing to respect
recognized rights including
freedom of religion
and expression. While it is legitimate to speak
out against blasphemy, laws criminalizing
blasphemy are detrimental to religious freedom and related human rights.
USCIRF accordingly urges all countries
to repeal their blasphemy laws and free those detained
or convicted for blasphemy. In Pakistan police pursued a Christian accused of sending an allegedly blasphemous poem to a friend. Blasphemy
– defined as speech or actions considered to be contemptuous of God or the divine – is a capital
crime in Pakistan.. Blasphemy laws are least common in sub-Saharan Africa (four of 48 countries), according to 2014 data. In Europe as well, blasphemy
laws are not very common,
being found in just seven out of 45 nations
There
were many recent headlines in the new
about blasphemy violation such
as -
1,. US urged pakistan on Thursday july 30, 2020 to taked action over the killing of an american national
in a crowed courtroom as he faced trial for blasphemy.
2,. In Saudi Arabia, Ahmad al-Shamri
was sentenced to death by a court for posting social media
content that allegedly
insulted Islam and the Prophet Muhammad in April 2017.
3,. A man who was lodged in a Saudi Arabia prison on charges of blasphemy
and for posting derogatory messages
about Mecca and the king of Saudi Arabia on Facebook returned to India after 20 months on august 19, 2021.
4,. Younus, the brother-in-law of
Asia Bibi, a Christian woman convicted
of blasphemy by a Pakistani
court, was killed in Sheikhupura city of Punjab province in Pakistan on Monday, May 25, 2020.
5,. A Pakistani court on
Saturday sentenced a university professor to death for blasphemy under a law that critics say is often used to target minorities and liberal activists., etc.
Misuse Of Blasphemy Law
According to many analysts,
the murders and subsequent public mobilisation in support of violence in the name of the blasphemy law, gave religious
parties that represented the country’s majority
Sunni Muslim Barelvi sect, long sidelined
from political prominence, an opportunity to regain lost political ground.there was a protest , in thses protest
the protestors including women and children
carried out a rally from Palais Wilson,
to raise
6 Article 98(f) of the
Egyptian penal code (amended act) 2006 – states the penalty for blasphemy and
similar crimes.
their voice against Islamic hardliners who are persecuting minorities in the name of blasphemy.
They demanded that the Pakistan government must abolish
the 'dangerous' law misused by the state and non-state
actors to target the minorities. We can see a huge misuse of this law in countries
like Pakistan so, the court in pakistan
has asked the government to make changes to the controversial blasphemy
law to stop its misuse for personal
interests and fix tougher punishment
for any person falsely accusing
someone of the crime, which is punishable by death. A moderator of the church of pakistan
hopes for the pakistani government to consider repealing
the controversial clause in the pakistan penal code which
invokes misuse of the blasphemy
law. There were many amendment passed in paskistan
so that it can stop the misuse of blasphemy
law.
Blasphemy is a very sensitive
issue in Pakistan. Blasphemy laws were introduced
in the 1980s and no
government could dare change them despite allegation of misuse. However,
it might be possible to amend them after the verdict Misuse of blasphemy
laws in Pakistan is something
that has been talked about at the international level, especially when it comes to the case of Christian Pakistani
women Asia Bibi who later got asylum in Canada.
There are many headline
about the misuses of blasphemy
law around the globe like – 1). Pakistans blasphemy law is used to target the christian
community with impunity. 2). Also Pakistani
Christians living in parts of Europe held a protest
rally in Geneva to
raise their voice against Islamic
hardliners who are persecuting
minorities in the name of blasphemy.
3). Europe parliament to
withdraw pakistans GSP+ status over of blasphemy laws.,etc.This kind of misuses need to be eradicated completely.
Impacts Of Blasphemy Law
In some countries the impact of blasphemy law was severe that we couldn’t even realize the out come of it . like for example in Pakistan,
many a times even the victim is also being punished by blasphemy law and we can atleast see around 5000 cases being filed and reported
in pakistan daily. On a dialy report the situation
in pakistan is unique in its severity
and its particular effects on religious minorities.
According to the human rights commission when the laws
of blasphemy are enforced, the end result is that individuals with different beliefs are prevented
from fully expressing or carrying out their peaceful religious practice.
sometimes mere existence, of
blasphemy laws has had a pernicious effect on the rule of law in some countries.
Mere accusations of blasphemy have sparked vigilante
mob violence and targeted killings
in various situations. When government fails to deter such actions,
and does not vigorously
hold those who engage in them accountable, it breeds an atmosphere of impunity that destabilizes communities and leaves minorities ever more vulnerable. The enforcement of blasphemy laws also undermines
other human rights, such as non-discrimination and fair trial protections. State enforcement of blasphemy laws is often arbitrary and sometimes used as a tool by governments and non-government actors to target members of marginalized groups including religious
minorities and political
dissidents.
The human rights commission says that thses laws of blasphemy completely restricts the freedom
of speech and expression sometime even a mere opinion
on religion is considered as blasphemy no matter whether the opinion is effecting
the religious ethics or not. The need of the time is that blasphemy
laws should be looked at so that people do not accuse others on the basis of false allegations and without
any proof.
Conclusion
Blasphemy is as
crime in majority of the countries.
so, to keep an end to these crimes many countries
implemented various law called in
common as blasphemy laws. In today’s worlds we can see number of cases being reported
daily on blasphemy. In the end of the first world war, we saw a huge blasphemy
crimes and discrimination on minority religions. Even till today in countries
like Pakistan, Saudi Arabia, Iran we can see many blasphemy cases reposted daily. blasphemy law not only has cures but also has impacts on people.
These laws eradicate
heresy, apostasy and censorships on religion etc. when we talk about
India’s blasphemy laws, they were strict enough and follows
every procedure established by law.
Article Information
Blasphemy Law And How Effective Is This Law In India And In Other Newfangled Countries (By-Ganivada S P D Gayatri)
Author Name: Ganivada S P D Gayatri
Title: Blasphemy Law And How Effective Is This Law In India And In Other Newfangled Countries
Email Id: ganivadaspdurgagayatri@gmail.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/02
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.