A/HRC/31/18/Add.2
83.
In discussions with government representatives, there was a general reluctance to
tackle the issue of religion-based personal status laws, which, in a polarized climate, seems
to harbour great political risks. Instead, the Government encourages gradual reforms within
the existing structure as well as making use of flexible applications that may improve the
situation of women without formally challenging the basis of these laws. The National
Human Rights Commission also expressed sympathy for such a cautious, pragmatic course.
B.
Religion-related offences
84.
The Criminal Code of Bangladesh contains blasphemy laws that originate from the
era of British colonial rule, including sanctions against “outraging religious feelings”, as
provided for in section 295A of the Criminal Code. Section 57 of the Information and
Communication Technology Act 2006 was called by some the “online version” of section
295A of the Criminal Code. At the same time, the application of section 57 of the Act is
even wider and the punishments threatened are by far more draconian.
85.
The latest amendment to the Information and Communication Technology Act was
made on 6 October 2013. Section 57 of the 2013 Act states that the publishing or
transmitting on a website in electronic form of any defamatory or false information is
considered to be a cognizable and non-bailable offence. Moreover, punishment for
committing this offence has been amended from a maximum of 10 years of imprisonment,
with no minimum, to a minimum of 7 years of imprisonment and maximum of 14 years.
86.
In addition, the procedural safeguards connected with the Criminal Code do not fully
apply, which renders section 57 a flexible and broadly applicable instrument in the hands of
the Government. Although there are no precise figures 6 as to how often section 57 has been
used to impose sanctions for offending religious sensibilities or similar offences, the law
undoubtedly has a chilling effect on civil society organizations, human rights activists and
members of religious minority communities. It contributes greatly to the perception of a
shrinking space for frank public discourse.
87.
Many interlocutors from the Government expressed their view that it would be
generally advisable to avoid unnecessary provocations, in particular concerning religious
questions. The Special Rapporteur agrees that developing sensitivity as to where the various
religious sentiments and “taboos” lie should be part of civic education and awarenessraising programmes in a society that is pluralistic in terms of religion. Moreover, media
organizations can set up their own sensitivity training, and interreligious communication
can play a very productive role in any such endeavours. In short, much can and should be
done. Moreover, it is a truism that freedom of expression is not absolute and must
sometimes be limited.
88.
However, the decisive point is that any limitations deemed necessary must be clearly
and narrowly defined and should meet all the criteria contained in constitutional law and
international human rights law. Already section 295A of the old Penal Code fails to meet
these criteria, given its vague formulation, and the same is all the more true with regard to
section 57 of the Information and Communication Technology Act. The offences
mentioned in these two sections are only vaguely circumscribed and thus remain vulnerable
to highly subjective invocations and arbitrary applications. For some Muslim clerics, the
very existence of the Ahmadiyya Muslim Community might already contain a provocation
that allegedly “hurts” their feelings. The Special Rapporteur would like to underline
6
From January to November 2015, records of 29 persons were allegedly arrested under the Information
and Communication Technology Act.
17