Court Says Indian Penal Code Does Not Punish Insults to Religion That Do Not Outrage Targets

In Kumar v. State of Karnataka, (High Ct. Karnataka, Sept. 13, 2024), a single-judge bench of the High Court of the Indian state of Karnataka gave a narrow interpretation to Section 295A of the Indian Penal Code which prohibits the deliberate and malicious outraging of the religious feelings of any class of citizens. At issue are the acts of two individuals who barged into a mosque and shouted "Jai Sriram" (Glory to Lord Rama). While the perpetrators have not yet been identified by investigators, this suit was filed to quash the ongoing investigation of the incident. Agreeing to quash the investigation, the court said in part:

Section 295A deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.  It is ununderstandable as to how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class. When the complainant himself states that Hindu – Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony....

The acts that have no effect on bringing out peace or destruction of public order will not lead to an offence under Section 295A of the IPC.

Law Beat reports on the decision.

Russian Court Bans Online Sale of Souvenir Toilet Paper: Depiction Offends Feelings of Religious Believers

Moscow Times and Vyorstka reported yesterday that a Russian District Court in Moscow has banned the offering on four websites in Russia of souvenir toilet paper imprinted with images of the 1997 version of Russia's 1000-ruble bills. The court found that the toilet paper "offends the feelings of religious believers" in violation of Article 148 of the Russian Penal Code. The 1000-ruble bill carries a picture of a statue of Yaroslav the Wise who was Grand Prince of Kiev from 1019 to 1054. Yaroslav the Wise was canonized in 2016 by the Bishops Council of the Russian Orthodox Church. Prior to that, in 2005 he was named a local saint by the Patriarch of Moscow and in 2004 he was included in the calendar of saints of the Ukrainian Orthodox Church (Moscow Patriarchate). The court said in part:

In a free democratic society, the dissemination of illegal information capable of offending the religious feelings of believers cannot be protected by freedom of thought, speech, opinion and information

UN Human Rights Council Adopts Resolution Condemning Burning of Qur'an

The United Nations Press Centre reports that on July 14, the United Nations Human Rights Council

concluded its fifty-third regular session after adopting 30 resolutions and holding an urgent debate on the alarming rise in premeditated and public acts of religious hatred as manifested by recurrent desecration of the Holy Quran in some European and other countries.

The Council adopted Resolution A/HRC/53/L.23, Countering Religious Hatred Constituting Incitement to Discrimination, Hostility or Violence (full text), which reads in part:

Affirming that burning the Holy Qur’an or any other holy book is offensive, disrespectful and a clear act of provocation, constituting incitement to discrimination, hostility or violence and a violation of international human rights law, ...

Condemning any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audiovisual or electronic media or any other means...

1. Condemns and strongly rejects the recent public and premeditated acts of desecration of the Holy Qur’an, and underscores the need for holding the perpetrators of these acts of religious hatred to account in line with obligations of States arising from international human rights law....

ADF-UK issued a press release criticizing the Council's Resolution as an anti-blasphemy resolution that infringes free expression rights.

Polish Court Convicts LGBT Marchers of Offending Religious Feelings

 Notes from Poland reports that a district court in Częstochowa, Poland last week concluded that two women were guilty of "offending religious feelings" in violation of Article 196 of Poland's Penal Code. The defendants were identified only as Kamila Ł.-B. and Magdalena W.-D.  During the 2021 Equality March in Częstochowa, they displayed images of the Virgin Mary and Jesus with rainbow haloes above their heads. In a procedure which did not require a full trial, the court relied on the opinion of an expert who said that the haloes were not of the Biblical, seven-colors symbolizing hope and closeness to God, but instead were the six-colored LGBT symbol. The court imposed 5 months of community service on one defendant and fined the other 2,000 zloty. Defendants' lawyer says they will contest the judgment, requiring the case to go to a full public trial.

Pakistan Court Quashes Blasphemy Charge-- Dreams Are Not Criminal

 In Khan v. Station House Officer, (Lahore High Ct., Nov.11, 2022), a Pakistani appellate court held that Pakistan Criminal Code Sec. 295A that prohibits deliberate and malicious insulting of religious beliefs was not violated by petitioner when he began telling the public that he could fly and that he saw Allah and various of his companions in his dreams. The court said in part:

[T]he offence under section 295-A PPC is not made out. There is no allegation that the Petitioner did anything to offend any group of people or insult their religion or religious beliefs. Furthermore, the Assistant Advocate General could not point out any circumstances that might indicate malice on his part.....

FIR No. 337/2021 accuses the Petitioner of entertaining and propagating blasphemous notions but does not provide any details. He is facing prosecution for claiming that he can fly and for having frequent dreams in which he sees Almighty Allah and some holy figures. As discussed above, scientists have many theories about why dreams happen and their purpose, but they all agree that one can only dream while sleeping. Sleep is a cyclical process. It happens in five stages, each of which contributes to the body’s goal of strengthening and rejuvenation....

Albeit one can have several dreams every night, one cannot control them. A person cannot be prosecuted for what he sees in his dreams or for sharing his thoughts, visions, or emotions during those times with others....

It frequently happens that those accused of blasphemy have a mental condition....

Article 10A of the Constitution and the principle of fair investigation discussed above require that when a police officer investigates an offence, particularly one under Chapter XV of the Penal Code, he should determine whether the accused is of sound mind. He must apply to the competent forum for his psychiatric evaluation if he suspects mental illness.

Dawn reports on the decision. 

Pakistan Agency Creates Unit To Handle Blasphemy Complaints

The News on Sunday reports that on Oct. 6 Pakistan's Federal Investigation Agency announced that it has created a dedicated unit to deal with complaints of blasphemy on social media. The report says in part:

Sources in the FIA say the Agency has inadequate manpower and that many officials in its Cybercrime Wing are contractual employees. The number of complaints lodged with the Wing under various categories runs into tens of thousands, an official said. A majority of these complaints are pending because the staff is overburdened.

Lawyer Saiful Malook who has defended several people from marginalised segments of the society accused of blasphemy says the notification is discriminatory. “Neither a high court nor the FIA on its own can create a dedicated unit that is discriminatory and relates to religious freedom and persecution,” he says.

In Pakistan, 8-Year Old Boy Is Charged With Blaspehmy

The Guardian  today reports that in the Punjab province of Pakistan, an 8-year old Hindu boy has become the youngest person ever charged in Pakistan with blasphemy. He is accused of intentionally urinating on a carpet in a madrassa library. Last week, after he was released from custody on bail, Muslims attacked a Hindu temple in Rahim Yar Khan. The boy is now being held in protective custody by police, and his family is in hiding.

Algerian Journalist Sentenced To Prison For Facebook Posts Offensive To Islam

Amnesty International reported yesterday that a court in Algeria on April 1 sentenced a journalist Said Djabelkheir, a specialist on Sufism, to three years in prison and a fine of 50,000 dinars ($375 US) for Facebook posts he authored:

In three online posts on Facebook in January 2020, Said Djabelkheir drew comparisons between Eid al-Adha and the Berber New Year celebrations; referred to some stories in the Qur’an as ‘myths; and said he considered some hadiths ‘apocryphal’.  The Sidi Mhamed Court of First Instance today convicted him of “offending the Prophet of Islam” and “denigrating the dogma or precepts of Islam" under Article 144bis[2] of Algeria’s Penal Code.

No order to take Djabelkheir into custody has yet been issued. Djabelkheir's lawyer plan to appeal his conviction.

Court In India Dismisses Charge That Facebook Post Violated Blasphemy Law

In India, the High Court of the State of Tripura dismissed a complaint filed against petitioner claiming that he violated Section 295A of the Indian Penal Code through a Facebook post. That section prohibits deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs. In Gosh v. State of Tripura,  (High Ct. Tripura, Feb. 26, 2021), the court concluded that Section 295A was not violated by the post that was in Bengali script, and whose meaning was unclear. The court said in part: 

According to the complainant, by putting such an un-tasteful and obscene comment on Hindu religion by saying that Gita, the sacred religious text is “thakbaji Gita”, the petitioner has hurt the religious feelings of Hindu community....

As I have noted earlier, there is a dispute about what exactly did the petitioner convey through the said post.... The word ‘ঠক’ is explained as deceitful, swindling and knavish. When suffix „বাজজ‟ is added, it conveys the meaning of cheating, swindling or knavery whereas the term ‘ভাজা’ is explained as to fry or roast. What the petitioner has written on his Facebook post is „ঠগভাজী’. Whatever this term coined by the petitioner may mean or may not mean anything at all, it certainly does not convey the meaning which the complainant wants to ascribe namely that Bhagavad Gita, is a deceitful document.

Swaddle reports on the decision.

USCIRF Hearing On Blasphemy Laws

 The U.S. Commission on International Religious Freedom held a hearing yesterday on Blasphemy Laws and the Violation of International Religious Freedom. Transcripts of remarks by several USCIRF commissioners at the hearing, and transcripts of the written testimony of several witnesses are available at the USCIRF website.

House Resolution Calls For International Repeal of Blasphemy, Heresy and Apostasy Laws

The U.S. House of Representatives yesterday, by a vote of 386-3 passed House Resolution 512 (full text) calling for the global repeal of blasphemy, heresy and apostasy laws. The Resolution says in part:

[B]lasphemy laws have affected Christians, Muslims, Hindus, Baha’i, secularists, and many other groups, are inconsistent with international human rights standards because they establish and promote official religious orthodoxy and dogma over individual liberty, and often result in violations of the freedoms of religion, thought, and expression that are protected under international instruments, including Articles 18 and 19 of the International Covenant on Civil and Political Rights (ICCPR)....

The Resolution "calls on the President and the Secretary of State to make the repeal of blasphemy, heresy, and apostasy laws a priority in the bilateral relationships...."

Nigerian Court Sentences Musician To Death For Blasphemy

 BBC News reports:

A musician in Nigeria's northern state of Kano has been sentenced to death by hanging for blaspheming against the Prophet Muhammad.

An upper Sharia court in the Hausawa Filin Hockey area of the state said Yahaya Sharif-Aminu, 22, was guilty of committing blasphemy for a song he circulated via WhatsApp in March.

Mr Sharif-Aminu did not deny the charges.

Judge Khadi Aliyu Muhammad Kani said he could appeal against the verdict....

Only one of the death sentences passed by Nigeria's Sharia courts has been carried out since they were reintroduced in 1999.

American On Trial For Blasphemy In Pakistan Is Assassinated In Courtroom

A press statement from the State Department yesterday reports on the killing of an American citizen, Tahir Naseem, inside a court room in Pakistan where he was on trial for blasphemy:

Mr. Naseem had been lured to Pakistan from his home in Illinois by individuals who then used Pakistan’s blasphemy laws to entrap him.  The U.S. Government has been providing consular assistance to Mr. Naseem and his family since his detention in 2018 and has called the attention of senior Pakistani officials to his case to prevent the type of shameful tragedy that eventually occurred.

The State Department called for the reform of Pakistan's blasphemy laws.  Radio Free Europe adds details:

It was not clear how the suspect, identified as Khalid Khan, managed to gain access to the courtroom.

He told police the prophet Muhammad had ordered him to kill Nasim because he had belonged to the Ahmadi faith....

According to BBC News:

Mr Naseem was first accused of blasphemy by Awais Malik, a madrassa student from Peshawar. Mr Naseem had struck up an online conversation with him whilst living in the United States.

Mr Malik told the BBC he had then met Mr Naseem in a shopping mall in Peshawar to discuss his views on religion, after which he filed a case against him with the police....

Mr Naseem was born into the persecuted Ahmadi sect, according to a spokesman for the community. But he added that he had left the sect and claimed to be a prophet himself.

The community leader suggested Mr Naseem had been mentally ill - he had uploaded videos to YouTube claiming to be a messiah.

Brazil's Supreme Court Head Allows Video Satirizing Jesus to Be Shown On Netflix

AFP and AP report that the President of Brazil's Supreme Federal Court last Thursday overturned a lower court's preliminary injunction against the Netflix film The First Temptation of Christ. The film depicts Jesus in a gay relationship. In his decision last Thursday,  Judge Antonio Dias Toffoli said in part:

One cannot suppose that a humorous satire has the ability to weaken the values of the Christian faith, whose existence is traced back more than two thousand years, and which is the belief of the majority of Brazilian citizens.

On Christmas Eve, the Brazilian headquarters of Porta dos Fundos -- the company that produced the film-- were pelted with Molotov cocktails.

New USCIRF Report on Apostasy, Blasphemy and Hate Speech Laws In Africa

Yesterday, he U.S. Commission on International Religious Freedom released a 50-page report titled Apostasy, Blasphemy, and Hate Speech Laws in Africa: Implications for Freedom of Religion or Belief (full text of report). The Executive Summary reads in part:

The freedoms of opinion and expression and of religion or belief are intricately intertwined—where violations occur against one, there are often violations against the other. Although these human rights are protected under articles 18 and 19 of the Universal Declaration of Human Rights (UDHR), states around the world continue to pass and enforce laws that restrict both freedoms. This paper provides a survey and analysis of speech restrictions in Africa that have, or may, limit FoRB. Laws that restrict apostasy (the public renunciation of one’s religion), blasphemy (the insult of a religion or religious objects or places), and hate speech (generally encompassing communication that prejudices a particular group based on race, religion, ethnicity, or other factor) all limit freedom of expression. Such laws also have unique implications for citizens’ abilities to express and practice their faith. These laws are prevalent throughout Africa, where at least 9 countries have apostasy laws, at least 25 criminalize blasphemy, and at least 29 have laws against hate speech.

Court in Burma Dismisses Blasphemy Suit Against U.S. Ambassador

Yesterday in Myanmar, a township court dismissed a lawsuit that had been filed against the U.S. Ambassador and two others, charging that a picture posted on Facebook defamed Buddhism. Irawaddy reports:

Nationalist monk U Parmaukha filed the lawsuit against US Ambassador Scott Marciel, the artist who painted the picture and the person who posted the picture on the official Facebook page of the US Embassy in Yangon. The image was of a painting done for an environmentally themed art exhibit the embassy hosted in July.

The US Embassy in Yangon on Friday promoted the “Insight Out Art Exhibition” of young artists on its Facebook page with a painting that depicts a silhouette of Buddha wearing a gas mask in the foreground while factories belching smoke are seen in the background.

Chapter XV of the Myanmar Penal Code outlaws various offenses against religious feelings.

Pakistan Supreme Court Reaffirms Acquittal of Christian Charged With Blasphemy

On Tuesday a 3-judge panel of Pakistan's Supreme Court reaffirmed the Court's acquittal of Aasia Bibi, a Christian woman who had been accused of blasphemy.  Bibi had been acquitted by the Supreme Court in October, but a reported by AP:

Following her October acquittal, radical religious parties took to the streets to protest, calling for the killing of judges who acquitted Bibi and for the overthrow of Prime Minister Imran Khan’s government. They also filed the last-minute appeal for a review of the Supreme Court acquittal.

The protests were spearheaded by the radical Tehreek-e-Labbaik party, whose single point agenda is protection of Islam and the Prophet Muhammad.

Bibi’s case goes to the core of one of Pakistan’s most controversial issues — the blasphemy law, often used to settle scores or intimidate followers of minority religions, including minority Shiite Muslims. A charge of insulting Islam can bring the death penalty.

[Thanks to Tom Rutledge for the lead.]

Pakistan's Supreme Court Orders Government Compensation To Victims of Protesters

As previously reported, after Pakistan's Supreme Court last October reversed the blasphemy conviction of a Christian woman, Asia Bibi, protests and demonstrations broke out in several Pakistani cities.  Now, according to Geo News, Pakistan's Supreme Court today ordered federal and provincial governments to pay compensation to those who suffered losses and property damage during the three day countrywide protest that followed the October decision.

Canada Repeals Blasphemous Libel Section of Criminal Code

On Dec. 13, Royal Assent was given to Bill C-51 which has been passed by Canada's Parliament.  Among other things, the new law repeals Sec. 296 of Canada's Criminal Code. Sec. 296 criminalized blasphemous libel, and subjected offenders to up to two years in prison.  In a press release, the Canadian Secular Alliance applauded the repeal.

Twitter CEO Charged In Indian Court With Outraging Religious Feelings

According to Times of India yesterday, a local court in Jodhpur, India has agreed to move ahead with a complaint against Twitter CEO Jack Dorsey for his Tweet of an anti-Brahmin photo.  The photo taken by Dorsey during his recent trip to India shows a woman holding a sign reading "Smash Brahminical Patriarchy". The petition filed against Dorsey charges him with violation of India's Penal Code Sec. 295A (Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs), as well as with defamation and criminal conspiracy. A hearing is set for Dec. 1.