The Evolution of Legislation on Religious Offences: A Study of British India and the Implications for Contemporary Pakistan

The Evolution of Legislation on Religious Offences: A Study of British India and the Implications for Contemporary Pakistan

by F. A. Nazir

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Overview

The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.

Product Details

ISBN-13: 9781783685721
Publisher: Langham Creative Projects
Publication date: 03/14/2019
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 286
File size: 1000 KB

About the Author

F. A. NAZIR has a PhD in World Christianity from the University of Edinburgh, UK, and is a lecturer and Dean of Studies at Gujranwala Theological Seminary, Pakistan. As well as serving the church through preaching, training and teaching in theological education institutions, her other significant passions are singing, music, and poetry.

Table of Contents

Introduction

Part I: Origin, Development and Application of the Legislation on Offences Relating to Religion in the Indian Subcontinent

Chapter 1 – The Legislation on Religious Offences of the Indian Penal Code


  • 1.1 The Primary Amendments in Chapter XV in British India
  • 1.2 Chapter XV of 1860
  • 1.3 Section 295 to Protect the Places and Objects of Worship
  • 1.4 Section 296 of IPC to Protect Religious Assemblies
  • 1.5 Section 297 of IPC: Protecting Funeral Rights and the Human Corpse
  • 1.6 Section 298 of the IPC to Protect Against Acts Wounding Another Religion
  • 1.7 Conclusion


Chapter 2 – The Issue of Offensive Writing and Publication and Amendments to Religious Offences Laws in British India



  • 2.1. Offensive Publications and the Historical Setting of Amending Chapter XV in 1920s
  • 2.2. Section 295-A of the IPC
  • 2.3. The Application of Section 295-A after 1927
  • 2.4. The Controversial Application of Section 295-A to Ban Angare
  • 2.5. Conclusion


Part II: Implications of Offences Relating to Religion from Post-1947 in the Independent Subcontinent (India and Pakistan)

Chapter 3 – The Legacy of British Law in Independent India and Pakistan



  • 3.1 The Application of Chapter XV of Religious Offences in India post-1947
  • 3.2 The Application of Chapter XV: Of Offences Relating to Religion in East Pakistan post-1947
  • 3.3 Chapter XV in Bangladesh


Chapter 4 – The Application of Chapter XV: Of Offences Relating to Religion in West Pakistan from 1947 to 1979



  • 4.1 Religious Communities of West Pakistan
  • 4.2 Ahmadi-Muslim Controversies and Religious Offences from 1947–1954
  • 4.3 The Application of Chapter XV from 1956 to 1979
  • 4.4 The Anti-Ahmadi Riots and Religious Offences from 1974
  • 4.5 Conclusion


Part III: Implications of Offences Relating to Religion from Post-1947 in the Independent Subcontinent (India and Pakistan)

Chapter 5 – The Legislation on Offences Relating to Religion and Islamization of Pakistan (1979–1988)



  • 5.1 The Political Power of Zia-ul-Haq and Religious Offences
  • 5.2 Islamization, Law and Order and the Creation of Federal Shariat Court
  • 5.3 Amendments in Chapter XV of Pakistan Penal Code from 1980 to 1986
  • 5.4 Section 295-B
  • 5.5 Section 295-C
  • 5.6 Conclusion


Chapter 6 – The Blasphemy Law and the Question of the Protection of Religious Communities and Their Religious Rights



  • 6.1 The Protest of Religious Communities for their Protection
  • 6.2 Judicial Concern over the Misuse of the Blasphemy Law and the Safety of Religious Communities
  • 6.3 Political Efforts to Bring Changes in the Legal Procedure of Blasphemy Accusations
  • 6.4 Critical Implications of Blasphemy and Proposal for the Amendment Bill of Blasphemy from 2007–2012
  • 6.5 Amendments to the Blasphemy Laws Act 2010
  • 6.6. Reaction to the Amendment Bill
  • 6.7 Conclusion


Bibliography

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