Blasphemy Laws in Pakistan: Misused more than they are used

Abstract:

This Article examines Pakistan’s Blasphemy laws in light of International human rights as well as rights guaranteed by the country’s own constitution. Although intended to protect religious sentiments, these laws are frequently misused for personal vendettas and persecution of religious minorities than they are used for genuine purposes i.e. to protect religious values. This Article highlights, with the help of case studies and legal analysis how vague language, lack of procedural safeguards, and harsh penalties violates rights guaranteed under ICCPR, particularly freedoms of religion, expressions and a fair trial. A comparative overview shows that many countries have repealed or narrowed such laws to be inconsistent with modern human rights. This Article concludes that Pakistan must adopt moderate reforms, such as requiring intent, punishing false accusations, and ensuring fair trials in order to align its legislation with human rights standards and the rule of law.

Introduction

In Pakistan, Blasphemy laws are considered to preserve religious sentiments and values. However, in reality, they are often used for personal or political revenge, or to target vulnerable groups rather than punishing genuine offenders. 

These Legal provisions are found in Pakistan Penal Code from section 295 to 298-C, criminalising a range of acts from damaging religious places to insulting religious beliefs. While they apply to all faiths on paper, the harshest penalties, such as life imprisonment and the death sentence are tied to offences against Islam. In the 1980s, during General Zia-ul-Haq’s regime, blasphemy laws were significantly expanded and islamicized through certain amendments to specifically protect Islamic beliefs and figures, reducing the broader interfaith balance they once aimed to preserve. 

Despite their religious purpose, the vague wording of these provisions, such as the term “deliberate” and “malicious intention” are not clearly defined, allowing accusations to be made easily without substantial evidence. Moreover, the law does not punish those who file false blasphemy claims, making the laws vulnerable to exploitation. As a result, many individuals, especially from minorities  are often imprisoned for years without trial, or targeted by mobs and killed before any legal proceedings can take place. 

The more misuse than use of these laws has brought Pakistan under international criticism, as it violates key protections under the ICCPR, including freedom of expression, freedom of religion and the right to a fair trial. 

Blasphemy laws of Pakistan not only violate international human rights law, but also contradict fundamental rights guaranteed by the country’s own constitution. 

This article contends that while Pakistan’s blasphemy laws aim to protect religious sentiments, their structural flaws, vague wording and lack of safeguard has enabled their widespread misuse, thereby undermining both the rule of law as well as the country’s obligations under domestic and international human rights frameworks. 

Background 

When Pakistan gained independence in 1947, it inherited its blasphemy law from its British Colonial rulers who had enacted blasphemy law in the year 1927 in the Indian Subcontinent to ease religious tensions between Muslims and Hindus. The law of blasphemy made it a crime to deliberately and maliciously offend religious sentiments of any group. In its original form, the law did not discriminate between religions, however, after the revision of law in the 1980s, the law has only tended to protect the views and beliefs of Muslims, especially Muslims belonging to Sunni sect.[i] 

Until the 1980s, the blasphemy accusations used to be rare and punishments were moderate. However, in the 1980s, General Zia-ul-Haq made additions to the laws and amended the Pakistan Penal Code, 1860, as part of his Islamization campaign, which made them truly draconian. Several new provisions were added in the law such as Section 295-B, criminalized the willful defiling of the Holy Quran, prescribing life imprisonment. The most controversial amendment was the insertion of Section 295-C, which penalized insults against Prophet Muhammad with death or life imprisonment. Further, Section 298-A to 298-C were added in the legislation to protect Islamic figures and beliefs and prohibit the religious expression of Ahmadis, a community which was declared non-Muslim by Constitutional Amendment in the year 1974. These additions to the law expanded the scope of blasphemy beyond physical acts, and speech to include belief and also religious identity. 

In December 1986, a report was issued to study the process of return of Pakistan to democracy after eight years of martial law rule, the International Commission of Jurists (ICJ) expressed grave concern at the new laws on offences against religion and warned that not only did they violate freedom of expression and religious belief, their vague wording also made them open to abuse.[ii]

Today, Pakistan’s blasphemy laws are codified in Pakistan Penal Code, under Sections 295 to 298-C. These include general offences related to all religions as well as specific protections for Islam and its figures.

The legal framework include: 

Section 295: Injuring or defiling place of worship.

Section 295-A: Deliberate and malicious acts intended to outrage religious feelings.

Section 295-B: Defiling of Holy Qur’an (punishable by life imprisonment).

Section 295-C: Use of derogatory remarks in respect of the Holy Prophet (punishable by death).

Section 296: Disturbing religious assembly.

Section 297: Trespassing on burial places.

Section 298: Uttering words with deliberate Intent to wound religious feelings.

Section 298-A: Insulting wives or companions of the Prophet.

Sections 298-B & 298-C: Criminalize Ahmadis referring to themselves as Muslims or using Islamic terms.[iii]

A key issue with the current framework is the lack of procedural safeguards. Several provisions do not even require proof of intent, which makes it possible for accused to be punished even for unintentional acts. Furthermore, there are no legal consequences for registering false blasphemy cases, a loophole that has led to widespread misuse of the law. FIRs are also often registered under public pressure without thorough investigation, which further increases the potential for abuse.

While originally the law was meant to protect religious sentiments, the current legal framework has made it prone to exploitation. The lack of procedural safeguards, presence of vague wording and mandatory serious punishments has enabled misuse by individuals, political figures, and extremist groups. These flaws in the law not only raise serious constitutional and human rights concerns but also have led to social unrest, wrongful imprisonments and even mob violence.[iv] This misuse forms the central focus of the present analysis.

Misuse of Blasphemy Laws in Pakistan 

While the background of blasphemy laws highlights structural flaws, the misuse in practice paints a far more graver picture. The consequences of this legal vulnerability are not merely theoretical but in reality have resulted in violence, wrongful arrests, and mob killings. Several cases demonstrate how these laws are misused, not to uphold justice, but for personal vendettas, political gain and the persecution of religious minorities. 

According to a report, as of 2021, 89 people have been extra-judicially killed, from roughly 1,500 accusations and cases. It is believed that the actual number might be higher as not all the blasphemy cases are reported in the press. The increasing trend of both cases, the accusations and mob-killings, both are quite alarming especially in the last few years. From the year 1948 to 1978, only 11 cases of blasphemy were registered. However, from 1987 to 2021, these cases have seen a surge by about 1300%.[v] 

Following are the cases of misuse of blasphemy laws: 

Asia Bibi Case:

A Global Symbol of misuse One of the most prominent examples of blasphemy law abuse is the case of Asia Bibi, a Christian farmworker accused of insulting the Prophet Muhammad in 2009, during an argument with her Muslim coworkers. She was convicted under Section 295-C and sentenced to death by hanging, despite no credible evidence, only amid religious pressure. However, after spending eight years on death row, the Supreme Court of Pakistan acquitted her in 2018.[vi]

Her acquittal sparked nationwide protests particularly led by a party known as Tehreek-i-Labbaik Pakistan (TLP), which threatened judges and demanded her execution. It highlights how extreme political and religious pressure even undermines the Justice system of Pakistan.[vii]

This case showcases how blasphemy laws are vulnerable to abuse, especially against minorities, and can lead to wrongful convictions as well as mob intimidation of the Judiciary.  

Mashal Khan Case: Deadly Consequences of False Accusations 

In 2017, Mashal Khan, a university student in Mardan, was brutally lynched by a mob of his fellow students after being falsely accused of posting blasphemous content on the internet.[viii] It was later revealed after Investigations that no evidence of blasphemy existed and that the accusations were orchestrated by university’s administration in order to punish Mashal Khan for his criticism of corruption within the university.[ix] This incident shocked the nation and highlighted how mob violence, fueled by rumor, can lead to extra-judicial killings. 

Ahmadi man arrested for distributing biryani

In July 2025, an Ahmadi man in Gujranwala was arrested under Section 298-C for distributing biryani at an Ashura Langar. He was accused of “identifying himself as a Muslim and speaking and acting like a Muslim” even though he was simply performing charity.[x] 

This incident highlights how religious minorities are criminalized even for acts of generosity. It also illustrates how the blasphemy laws can be twisted and misused due to their structural flaws to suppress minority identity, rather than protecting any genuine religious sentiments. 

Mob rule and the Silence of the State

Another critical dimension of misuse lies in the selective enforcement of blasphemy laws. Extremist groups like Tehreek-i-Labbaik Pakistan (TLP) frequently incite violence, vandalize places of worship, particularly of the Ahmadi community. They openly threaten minorities, yet face little to no legal action. In April 2025, TLP supporters stormed an Ahmadi place of worship in Saddar, Karachi, where Laeeq Ahmad Cheema, an Ahmadi man, was lynched by the mob.[xi] Police were present but failed to control the situation. This was not an isolated event, similar mob-led shutdowns and threats have occurred in other areas of Karachi as well as other cities of Pakistan, where Ahmadis were arrested, their worship places vandalized, and their religious symbols torn down.[xii] Despite these being clear violations of Section 295-A of the Pakistan Penal Code, which criminalizes acts intended to outrage religious feelings, no action is ever taken against the perpetrators. This illustrates the discriminatory and politically selective application of blasphemy laws, which are used against the weak and ignored when violated by the powerful.

Pakistan’s International Human Rights Obligations

Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in 2010, thereby assuming binding international obligations to uphold freedom of religion (Article 18), freedom of expression (Article 19), and the right to a fair trial (Article 14). These rights are central to assessing the compatibility of Pakistan’s blasphemy laws with international standards.[xiii]

Freedom of Religion (Article 18):

Article 18 protects the right to adopt, practice, and manifest one’s religion or belief, subject only to narrow, lawful restrictions.[xiv] However, Sections 298-B and 298-C of Pakistan’s Penal Code violate this right by criminalising Ahmadis for self-identifying as Muslims or using Islamic terms. This constitutes state-sanctioned religious discrimination, undermining Pakistan’s obligations under the ICCPR.[xv]

Freedom of Expression (Article 19):

Under Article 19, everyone has the right to express opinions and ideas freely.[xvi] The UN Human Rights Committee has clarified that laws penalising criticism of religion or religious figures are inconsistent with this right. Pakistan Penal Code’s section 295-C criminalise even unintentional or fabricated speech, with vague language and disproportionate penalties, thus failing international tests of legality, necessity, and proportionality.

Right to a Fair Trial (Article 14):

Blasphemy trials in Pakistan are often marred by pre-trial detention, denial of bail, and societal pressure on judges, especially when minorities are involved.[xvii] The judicial process lacks impartiality and procedural fairness, breaching Article 14 guarantees.

UN bodies and human rights organisations have repeatedly urged Pakistan to amend or repeal blasphemy laws. It has been highlighted that the absence of procedural safeguards has enabled the misuse of these laws for personal vendettas or against minorities.

Pakistan’s blasphemy laws are incompatible with its ICCPR commitments, particularly regarding freedom of religion, expression, and fair trial rights. Legal reform is essential to bring national laws in line with international human rights standards.

Global and Domestic Pathways for Reform

Across the world, many countries have repealed their blasphemy laws, recognising their incompatibility with modern human rights standards. In 2008, England and Wales abolished its blasphemy laws, while Ireland repealed its blasphemy laws through a public referendum in 2018. Other democracies, such as Norway, Denmark, and New Zealand, have taken similar steps. Even in India, although Section 295A of the Penal Code still exists, courts have applied a narrower interpretation to avoid misuse of the law. These developments reflect a global trend toward protecting religious freedom and free speech rather than criminalising speech and beliefs based on the basis of religion.

In contrast, Pakistan continues to retain and enforce a harsh blasphemy framework, despite growing international concern. Its laws conflict with Pakistan’s obligations under the ICCPR, particularly in relation to freedom of expression, religion, and the right to a fair trial.

In Pakistan, reforming blasphemy laws is a deeply sensitive issue. Strong religious beliefs, fear of public backlash, and pressure from extremist groups make it difficult for lawmakers to bring any real change. Even small efforts at reform have often faced serious opposition. Still, change is needed and also possible. Simple legal steps, such as adding a requirement of clear intent, legal consequences for false accusations, guaranteeing fair trials, and shifting cases to higher courts can help prevent misuse while still respecting religious values.

Such steps would not only improve Pakistan’s compliance with international human rights law but also uphold its constitutional promise of justice, equality, and freedom of belief.

Reconciling Protection of Faith with Human Rights in Pakistan

Pakistan’s blasphemy laws, though intended to protect religious sentiments, have led to consequences that go far beyond their original scope. In practice, they are misused and exploited for personal gain. Case after case shows that these laws are less about genuine protection of belief and more about power, intimidation, and control.

The social and political misuse of these laws undermines not only the values enshrined in Pakistan’s Constitution but also the country’s commitments under international law. Instead of promoting harmony, these laws have emboldened vigilante groups, led to mob violence, and eroded the credibility of the justice system. They send a dangerous message that religion can be used as a weapon, and justice can be denied in the name of belief.

Religion holds a central place in Pakistan’s identity, and any legal reform must take that into account. However, safeguarding faith does not justify laws that are misused to settle personal disputes or target minorities. Respect for religion and protection of rights can go hand in hand. The goal of reform is not to weaken faith, but to prevent its misuse and ensure justice, dignity, and freedom for all.

Conclusion

Pakistan’s blasphemy laws stand at the intersection of faith, law, and human rights. While designed to protect religious values, their vague and broad language, harsh penalties, and pattern of misuse have transformed them into tools of persecution rather than justice. The legal and practical challenges explored throughout this article demonstrate that these laws are not only inconsistent with Pakistan’s international human rights obligations, particularly under the ICCPR, but also conflict with the principles of equality, dignity, and fundamental rights even in the Constitution of Pakistan.

The frequent misuse of blasphemy laws, often for personal, political, or sectarian motives, has created an environment of fear, silencing not only minorities but also the broader society. Comparative global experiences show that legal systems can uphold respect for religious beliefs while also ensuring freedom of expression and protection against abuse. Pakistan can and must move in that direction.

Reform does not require abandoning religious values. Rather, it demands a commitment to justice, fairness, and the prevention of harm. Introducing intent requirements in the blasphemy laws, punishing false accusations, and ensuring fair trials are practical and necessary steps toward a more balanced legal approach. It is through such reforms that Pakistan can begin to reconcile the protection of faith with the fundamental rights of its people.

Refrence(S):

[i] Ahmed A and Gulrajani C, ‘Pakistan’s Blasphemy Laws and the Role of Forensic Psychiatrists’ (Journal of the American Academy of Psychiatry and the Law, 24 January 2020) <https://jaapl.org/content/early/2020/01/24/JAAPL.003916-20#ref-10> accessed 10 July 2025 

[ii] (Pakistan: Human rights after martial law) <https://www.icj.org/wp-content/uploads/1987/01/Pakistan-human-rights-after-martial-law-fact-finding-report-1987-eng.pdf> accessed 10 July 2025 

[iii] Pakistan Penal Code (Act XLV of 1860), s 295, s 295-A, s 295-B, s 295-C, s 296, s 297, s 298, s 298-A, s 298-B, s 298-C

[iv] ‘Pakistan: Blasphemy Laws Exploited for Blackmail, Profit’ (Human Rights Watch, 9 June 2025) <https://www.hrw.org/news/2025/06/08/pakistan-blasphemy-laws-exploited-blackmail-profit> accessed 10 July 2025 

[v] Akhtar Z, ‘Blasphemy Cases in Pakistan: 1947 – 2021’ (CRSS, 12 April 2022) <https://crss.pk/blasphemy-cases-in-pakistan-1947-2021/> accessed 10 July 2025 

[vi] Mst. Asia Bibi v. State [2019], [2019] PLD 64 Supreme Court

[vii] Bhatti H, ‘Supreme Court Acquits Aasia Bibi, Orders Immediate Release’ (DAWN.COM, 30 October 2018) <https://www.dawn.com/news/1442396> accessed 11 July 2025

[viii] ‘Lynching of Mashal Khan’ (Wikipedia, 30 January 2025) <https://en.wikipedia.org/wiki/Lynching_of_Mashal_Khan> accessed 10 July 2025 

[ix] ‘Mashal Khan: Death Sentence for Pakistan Blasphemy Murder’ (The Guardian, 7 February 2018) <https://www.theguardian.com/world/2018/feb/07/mashal-khan-death-sentence-for-pakistan-blasphemy-murder> accessed 10 July 2025 

[x] Gabol I, ‘Ahmadi Man in Gujranwala Arrested in Blasphemy Case for Distributing Free Food on Ashura: Police’ (DAWN.COM, 9 July 2025) <https://www.dawn.com/news/1922568> accessed 10 July 2025 

[xi] Ali I, ‘Ahmadi Man Lynched after Religious Party Demo Outside Worship Place’ (DAWN.COM, 19 April 2025) <https://www.dawn.com/news/1905149> accessed 10 July 2025 

[xii] Zeeshan, ‘Systematic Eradication of Ahmadi Identity: Ramadan Mob Attacks Escalate as Ralioke Mosque Targeted’ (International Human Rights Committee, 28 March 2025) <https://hrcommittee.org/2025/03/28/systematic-eradication-of-ahmadi-identity-ramadan-mob-attacks-escalate-as-ralioke-mosque-targeted> accessed 10 July 2025; Zeeshan, ‘Minarets Torn down, Mosques Sealed, Worship Criminalized: Lahore Becomes the New Epicentre of Anti-Ahmadiyya Terror’ (International Human Rights Committee, 24 March 2025) <https://hrcommittee.org/2025/03/24/minarets-torn-down-mosques-sealed-worship-criminalized-lahore-becomes-the-new-epicentre-of-anti-ahmadiyya-terror> accessed 10 July 2025

[xiii] (International Covenant on Civil and Political Rights | Ohchr) <https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights> accessed 11 July 2025

[xiv] ICCPR, art 18.

[xv] ‘CCPR General Comment No. 22: Article 18 (Freedom of Thought, Conscience or Religion)’ (Refworld, 30 July 1993) <https://www.refworld.org/docid/453883fb22.html> accessed 11 July 2025 

[xvi] ICCPR, art 19.

[xvii] ICCPR, art 14.