Abstract
There is emerging evidence that individuals who are mentally ill are overrepresented in the group of defendants prosecuted under the blasphemy laws of Pakistan. This article discusses the background of blasphemy legislation in Pakistan, and proposes causal interactions between underlying mental illness in the defendant and prosecution for blasphemy. It sketches possible legal safeguards for such blasphemy defendants with mental illness in mental health legislation.
Highlights
Pakistan is a sprawling country in South Asia, approximately the size of France and the UK combined
The Indian Penal Code passed by the British government for colonial India in 1860 became the Pakistan Penal Code[1] after independence
There has been no systematic research on the numbers of blasphemy defendants in the Pakistani criminal justice system
Summary
This article discusses the background of blasphemy legislation in Pakistan, and proposes causal interactions between underlying mental illness in the defendant and prosecution for blasphemy. It sketches possible legal safeguards for such blasphemy defendants with mental illness in mental health legislation. Declaration of interest M.H. is an advocate for the repeal of all blasphemy laws from the Pakistan Penal Code He has consulted for blasphemy defendants with mental illness held in custody in Pakistan, and remains professionally involved with Pakistan-based mental health charities that are working to introduce meaningful legal and social safeguards and protections for patients with mental illness in Pakistan. The Indian Penal Code passed by the British government for colonial India in 1860 became the Pakistan Penal Code[1] after independence
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