Pakistan’s National Assembly has passed a law which amending some criminal laws. Sectarianism, mass lynching and forced conversions will ostensibly be
punished more vigorously under these laws then ever before.
The ‘Criminal Laws (Amendment) Act 2016′ If implemented
and followed could provide significant improvement to the lives of minorities. However Wilson Chowdhry Chairman of the British Pakistani Christian
Association is not convinced the new laws will have any teeth.
Pakistan’s Parliament passed the Criminal Laws (Amendment) Act 2016 on February 6th 2017. The new law amends some existing laws, including the
Pakistan Penal Code (PPC) of 1860 , the Police Act 1861, the Criminal Procedure Code of 1898, the
Anti-Terrorism Act of 1997 and the Protection of Pakistan Act 2014.
The bill’s statement of objectives and reasons says that “terrorism, sectarianism and extremism have gripped the entire country and these acts
have become the order of the day.”
For anyone involved in the persecution of religious minorities, inciting sectarian violence and ethnic hatred and “deliberately using words to
hurt the religious feelings of any person”, punishment “has been enhanced from a year-long imprisonment and unspecified fine to imprisonment extendable
to three years and not less than one year, and/or fine of Rs500,000”
The new law also imposes a sentence of up to 10 years and no less than five years and a fine of up to Rs1 million in the case of an underage girl
as defined in the Child Marriage Restraint Act, 1992, or a non-Muslim woman.
Oddly, lynching by ” organised group or a mob by taking the law in own hands” is also now an offence.
Punishment against anyone giving false information to a government official that causes him to use his lawful powers to injury has been increased
from a maximum of six months (click here section 182) to up to seven years in case the offence about which information has been given is punishable with death and five years in case it is punishable
with life imprisonment.
Wilson Chowdhry, Chairman of the British Pakistani Association reviewed the new law, he wrote:
“It will take a lot to convince me that this latest set of laws are not simply lip service. There are already laws that could be implemented in cases of mob violence but they are rarely enacted and when done so fail due to frightened witnesses absenting themselves from court. Just take a look at section Section 141 – 160 of the Pakistan Penal Code?
Despite these laws all 115 Muslims involved in the mob violence at St Joseph’s colony were acquitted just as 100% of the Muslims involved in the mob attacks on Shanti Nagar and Gojra were acquitted before them.
It is the implementation of the laws that is the crux of the problem, with a lack of desire from police due to a rife bribery culture and animosity towards ‘ritually impure’ Christians.
The amendment to section 198 of the Pakistani Penal code provides some protection against Imams inciting hatred through the use of Mosque PA systems. But it seems to be an over elaborate law when such protections could easily have been covered within the existing laws Section 153 of Pakistan’s Penal Code states:
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Wantonly giving provocation with intent to cause riot
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“It is fear of taking on the fanatic religious leaders in Pakistan that is at the heart of the problem. This particular amendment might however force police and the courts to take action where evidence of PA use is triggered by a Muslim as a Christian has no right of testimony of against a Muslim under Sharia law.
“However that is highly unlikely. Moreover sentencing and the fines seem to be extremely lenient with a maximum sentence of three years or a 500,000 rupee fine? This despite the impact of such actions, which commonly lead to deaths or villages razed to the ground in arson attacks during mob violence.
“The amendment to section 498B of the Pakistan Penal code simply classifies forced marriages to non-Muslims and Children into a law protecting against forced marriages.
“The law is now specifically linked to the ‘Child Marriages Restraint Act 1929’ and imposes harsher maximum sentencing of ten years as opposed to 7 years and a stiffer fine. Considering the abuse of the existing laws I am reluctant to believe the changes will have much impact due to prevalent immunity through systemic failures by the police and judiciary.
“The Amendment to the Police Act of 1861 (PA 1861) are more promising as they will remove the paltry fine of 3 months pay for neglect of duty and will impose harsher penalties of a three year sentence or a fine of 100,000 rupees or both.
“Once implemented this could improve the level of officer adherence with duty and is is the law that provides most hope. I reiterate that it is implementation of the laws in Pakistan that is the most pressing issue.
“I remember the attack at Gojra and St Josephs colony where Police were witnessed standing back and watching whilst the mob attack ensued. Worse still while the Peshawar bombers entered All Saints church police officers stationed to protect them were watching the world cup cricket tournament on their mobile phones. In both cases complaints were ignored. A culture of self protection within the policing institution will make this law extremely hard to implement.”
“Amendments to section 32 of [PA 1861] may cause churches problems with religious processions for Easter, Christmas and other festivals and church leaders should ensure that they work with police authorities to gain permission. Churches in Karachi and Badami Bagh have previously had to sign contracts preventing them talking about Christ on the streets and having services at times offensive to Muslims
(click here) – I fear this law will be misused to control churches.
“Even more concerning is the stiffer sentencing of up to three years for offences listed such as blocking roads. This law could be a tool used by Muslim groups and radicalized police to prevent Christians from protesting against persecution – an already voiceless community will become literally silent.”
“The bizzare amendment to the Anti-Terrorism Act 1997 has left me baffled. I will not argue that community retribution in the form of lynching should be recognized as a crime in Pakistan. But surely they should be tried as a murder with laws such ‘joint criminal enterprise’ or ‘Common purpose’. This law if implemented well could mean an end to the curious acquittals of all perpetrators of mob violence in the attacks on St Joseph’s community , Gojra and Shanti Nagar – acquittals that caused international chagrin”
“The final amendment provides the ability to provincial governments in Pakistan to authorize the detention of terror suspects for 90 days. This power extends the same authority previously prescribed only for the Federal Government. Its implementation may provide a quicker response to the apprehension of potential suspects and seems to be progressive.”
“Sadly I have little belief that any of these laws will have any impetus after all the “Bonded Labor (Abolition) Act 1990 has been in place for 27 years, yet slavery has increased since it’s implementation. I fear the amendments to section 32 of the Police Act 1861 that seem so innocuous, will only nullify an already weak campaign for justice and freedom led by a few brave Christians in Pakistan. I hope I am proved wrong.”