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offences related to property, alcohol, gambling, adultery (Zina) and false
accusations (Qazaf), subject to Islamic forms of punishment, including
whipping and amputation.
12.
In 1980, section 298 A was inserted in the Penal Code, by which
derogatory remarks "by words, ... or by imputation, innuendo or insinuation
directly or indirectly" in respect of persons revered in Islam, was made a
criminal offence punishable with up to three years’ imprisonment. In 1982,
section 295-B was added, making defiling the Koran a criminal offence.
13.
Following on the 1974 constitutional amendment, in 1984, Ordinance XX
added sections 298 B and 298 C to the Penal Code, expressly referring to
the Ahmadis and forbidding them to profess to be Muslims and to use Muslim
practices in their worship or in the propagation of their faith, any offence
being punishable with up to three years’ imprisonment and a fine.
(b)
Blasphemy law
14.
In 1986, the "Criminal Law Amendment Act" amended the Penal Code
and inserted the blasphemy law in section 295 C. Under this amendment, any
person guilty of direct or indirect blasphemy against the name of the prophet
Mohammed is liable to life imprisonment, or even to the death penalty, and to
a fine (blasphemy law).
15.
Under Prime Minister Nawaz Sharif (1990-1993), section 295 C of the Penal
Code concerning blasphemy against the name of the prophet Mohammed was amended
on 29 July 1991 as a result of the entry into force of the 1991 Shariat Act
(Islamic law). 3/ In the spring of 1991, the Supreme Court, following the
precepts of the Shariat, issued an order, subsequently confirmed by the
Senate, declaring any person found guilty of blasphemy, under section 295 C of
the Penal Code, liable henceforth to the death penalty, without any possible
form of appeal.
16.
In 1991, Ordinance XXI, promulgated on 7 July, amended section 295 A of
the Penal Code and the Code of Penal Procedure by raising from 2 to 10 years
the maximum prison sentence for outraging the religious feelings of any group.
Lastly in 1992, section 123 A of the Penal Code was amended to declare any act
prejudicial to the ideology of Pakistan as a criminal offence.
B.
Special Rapporteur’s concerns regarding certain
forms of discrimination and differentiation
1.
Constitutional provisions
(a)
Situation of religious minorities
(i)
Special provisions
17.
There is no provision in the Constitution preventing non-Muslims from
holding government posts, except the office of President, who must be a
Muslim. According to article 42 of the Constitution, the President has to