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coexistence, it is arguable, of course, offences include "outraging religious
feelings" (Sections 295-A), "dese crat-
that that these are in and of them- ing the Quran" (295-8), "defiling the
selves intolerant and foster intoler-
ance, particularly because adherents name of the Prophet Muhammad"
of some religions believe that their
(295-C) and "defiling the names of the
religion obligates a certain dress code.
family of the Prophet Muhammad,
!n lreland , Article 40.6.1.i. of the
1937 Constitution states that "The his companion or any of the caliphs"
publication or utterance of blasphe- (298-A). Ironically, some of these laws
mous, seditious or indecent matter were laid down under the British in
is an offence which shall be punish-
able in accordance with law." The order to curb religious violence be-
Defamation Act of 2009 criminalized
the publication or utterance of blas- tween Hindus and Muslims; however,
phemous matter against any religion. according to Amnesty lnternational,
these laws are frequently used to set-
However, due to concerns over the tle vendettas or target religious mi-
implications that would have upon norities.(') For these reasons, many
freedom of speech, a referendum was have seen that these laws indeed vio-
held in 2018 which approved a con- late the rights to freedom of religion
and freedom of expression, Ieading to
stitutional amendment to repeal the a decrease of tolerance in society.
blasphemy clause. ln 2019, the gov-
ernment was working to repeal the These are just some examples of
relevant sections of the 2009 statute. the tension between freedom of reli-
No one had ever been prosecuted for gion, freedom of expression, and the
blasphemy under the 2009 statute. promotion of tolerance. The next
This is in stark contrast to Paki- section will explore the specific Iaws
stan's blasphemy laws. According to in relation to tolerance, freedom of
some estimates, some 633 Muslims, religion, and hate speech in the US,
494 Ahmadis, 187 Christians and 21
Hindus have been accused under var- Australia, and the UAE.
ious provisions on offences related to
religion between 1987 -2016.(1) These The United States
1- Amnesty lnternational, "As Cood as Dead: The United States constitution,
The lmpact of Blasphemy Laws in Pakistan,"
2016, 1 0, note 9, https: I lwwwrefworld .orgl in the First Amendment, protects
pdfid/58 5a4170a.pdf .
freedom of religion and freedom of
speech. lndeed, the right to manifest
2- Amnesty lnternational, 11
40
Dr. Jinan Bastaki
