Blasphemy Law Push in Bangladesh Parliament Sparks Debate Over Death Penalty and Rights

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Calls for legislation introducing stricter legal provisions on alleged blasphemy have been raised in the National Parliament of Bangladesh, reigniting debate over the delicate balance between protecting religious sentiments and safeguarding fundamental rights

The proposal was placed by Saeeduddin Ahmed Hanjala, a lawmaker from Khilafat Majlis, an ally of Bangladesh Jamaat-e-Islami. Speaking during the motion of thanks on the President’s address, he called for the introduction of capital punishment for individuals accused of making derogatory remarks about Prophet Muhammad.

He also urged action against those who do not recognize the Prophet as the final messenger in Islam. The Member Parliament from Madaripur–1 told Parliament that such incidents were recurring frequently and “cannot be allowed to continue.”

In outlining his proposal, Hanjala suggested that if an accused person is a Muslim, they should be declared a non-Muslim, an idea that has drawn concern among legal experts and rights observers.

Existing Legal Framework

Bangladesh does not currently have a standalone blasphemy law. However, provisions under the Penal Code of 1860 and the Cyber Security Ordinance (which replaced the earlier Digital Security Act) address offences related to hurting religious sentiments.

Sections 295A and 298 of the Penal Code provide for penalties of up to two years’ imprisonment, a fine, or both, for deliberate and malicious acts intended to outrage religious feelings.

Regional Context

Blasphemy laws exist in several countries with varying degrees of severity. In Pakistan, such laws include provisions for capital punishment in certain cases. In other countries, including Iran, Saudi Arabia, Mauritania and Brunei—the death penalty is also provided under blasphemy-related offences.

Rights groups have long argued that such laws are vulnerable to misuse, often leading to the targeting of minorities and the settling of personal disputes under the guise of religious offence.

Shifting Political Context

The renewed demand comes amid changing political dynamics in Bangladesh following developments after 5 August 2024. Observers note that Islamist political forces, including Bangladesh Jamaat-e-Islami and its allies, appear to have gained increased visibility and influence in public discourse.

Some of these groups have advocated for the introduction of Sharia-based legal principles within the state framework, raising concerns among critics about the future of Bangladesh’s constitutional commitment to secularism.

Concerns and Reactions

Legal experts and human rights advocates caution that introducing harsher blasphemy laws, particularly those involving capital punishment, could increase the risk of abuse, vigilante violence and suppression of dissent.

Organizations such as Amnesty International and Human Rights Watch have repeatedly warned against expanding blasphemy laws in South Asia and some Islamist countries, pointing to patterns of misuse and inadequate safeguards against false accusations.

As debate continues, the proposal is expected to intensify discussion over how Bangladesh navigates the tension between protecting religious sentiments and upholding freedom of expression and belief.

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