Is Atheism Legal in Pakistan

Although there has been an effective moratorium on capital punishment in recent years, dozens of people remain on death row and, in addition, those accused of blasphemy are often murdered before or after, and in some cases in a trial (see below).64www.theguardian.com/world/2020/jul/29/pakistani-man-tahir-ahmed-naseem-blasphemy-laws-shot-dead-in-peshawar-court; end-blasphemy-laws.org/2021/07/pakistan-man-accused-of-blasphemy-attacked-and-severely-injured-on-his-way-to-court/ In a country where atheism is a capital crime, unbelievers still find discreet ways to forge a community. Rashid Rehman, a lawyer who agreed to defend Junaid Hafeez, was murdered in 2014. Rehman was Special Coordinator of the Human Rights Commission of Pakistan in Multan. The Hafeez trial had been conducted because of the threat to his life in prison, and Rehman himself had received death threats for representing Hafeez. Rehman reported the threats to the Multan Bar Association, but no action was taken to ensure his safety. His colleagues at the Human Rights Commission also called on the government to ensure Rehman`s safety. In May 2014, two men entered Rehman`s office and shot him.99www.independent.co.uk/incoming/pakistani-lawyer-rashid-rehman-murdered-after-taking-blasphemy-case-9341021.html They have not been arrested and activists say the government has tried to bury the case. In 2018, the Supreme Court of Islamabad issued a ruling requiring citizens to submit an affidavit of faith to join the armed forces, judiciary and civil service.7www.state.gov/reports/2020-report-on-international-religious-freedom/pakistan/ In 2017, immediately after the PECA was passed, Pakistan handed down its first death sentence for digital blasphemy. That same year, the state launched a crackdown on online dissent and atheism, calling on the masses to « expose blasphemers, » which went so far as to kidnap and torture activists and bloggers for protesting against the military establishment and Islamic hegemony. Among those imprisoned are human rights defenders. Although the government is taking some steps to criminalize the practice of enforced disappearances, there is a culture of impunity for those responsible, which includes law enforcement.90www.amnesty.org/en/location/asia-and-the-pacific/south-asia/pakistan/report-pakistan/; www.hrw.org/world-report/2021/country-chapters/pakistan#e81181 Islamic teachings also form the basis of other compulsory subjects in the curriculum.20forbinfull.org/2021/07/19/set-up-to-fail-pakistans-single-national-curriculum-will-only-make-life–for-religious-minority-children/; scroll.in/article/1005464/regressive-lessons-and-lowered-standards-pakistans-new-education-curriculum-is-a-big-leap-backward; www.dawn.com/news/1572130 media reported that « 9% of the content of Grade 3 English textbooks violated Article 22.

As students age, the situation worsens. The lynching of Mashal Khan by other students in 2017 and the death sentence of university professor Junaid Hafeez in 2019 silenced the debate on religion and atheism in educational institutions, including in the digital fields, where much of the academic activity has been conducted due to COVID-19. Where the pandemic has made digital organizing essential, the online adoption of Pakistan`s murderous blasphemy laws has made social media and the internet a dangerous place for local atheists. The prosecution of those who murder in the name of retaliation against « blasphemers » is also a factor in problematization by Islamists and others who intimidate or threaten prosecutors.69www.theguardian.com/world/2020/jul/29/pakistani-man-tahir-ahmed-naseem-blasphemy-laws-shot-dead-in-peshawar-court In 2017, the chief prosecutor of the Mashal Khan assassins (see highlighted cases below) was reportedly forced to come under extreme pressure from the share of the families of accused.70dawn.com/news/1366186 In May 2021, Tiktoker Jannat Mirza was reportedly charged with « blasphemy » under Article 295-A of the Criminal Code after being depicted with a cross at her waist. Christian pastors have filed complaints claiming Mirza`s actions have hurt the religious feelings of thousands of Christians living in the country.84en.dailypakistan.com.pk/29-May-2021/jannatmirza-faces-police-complaint-over-blasphemy-against-jesus-video The right to freedom of expression, including media freedom, is frequently violated in Pakistan. Laws criminalizing sedition, defamation and terrorism are regularly used to silence critics. The simple accusation of « blasphemy » against someone can endanger the life of the accused. The mullahs often come to court to intimidate the judiciary, and it is often impossible to find a lawyer to ensure a fair trial.

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