Criminalizing Literature of Hate Speech in Pakistan

Abstract

At outset, Freedom of Speech was not guaranteed in the Government of India Act 1935. Since Pakistan could not frame its constitution for nine years, for which the Constituent Assembly was empowered under the Independence Act 1947, therefore, the citizens could not enjoy the freedom. However, the Objectives Resolution provided an assurance that fundamental rights would be guaranteed in the awaited Constitution. Eventually, it was provided in the first Constitution of Pakistan1956 and had been protected in the later constitutions as well except some rights during constitutional emergency or abrogation or suspension of the relevant Constitution. There were many provisions before the creation of Pakistan which barred or limited the constitutionally protected freedom of speech, like literature of hate speech under the sections 153A, 295A, 505(2)and 298 of Indian Penal Code. Since Pakistan was achieved on a ground of Two-Nation theory, therefore, many more provisions were inserted to criminalize a hate speech to protect Islamic faith and religious personalities, like 295C, 298-A, 298-B and 298-C. However, the procedural impediments failed to control hate speech successfully under the Code of Criminal Procedure.

Keywords

• freedom of speech
• literature of hate speech
• human right
• judicial activism
• constitution of pakistan