The Right to Freedom of Expression and Hurting Religious Feelings: Global Perspective

Abstract

In recent times, there has been a case of making abusive remarks, in particular, against the prophet of Islam or burning the holy Quran in public. These conducts no doubt outrage the religious feelings of people belonging to that religion. Against the backdrop of these recent events, this article engages the right to freedom of expression against hurting the religious feelings of individuals. Paragraph 2 of Article 19 of the ICCPR provides for the right to freedom of expression. Paragraph 3, however, recognizes “public order” as one of the grounds on which restriction may be imposed on freedom of expression. The HRC in General Comment No. 34 has provided that ‘prohibitions on display of lack of respect toward any religion including blasphemy laws’ are incompatible with the Covenant rights of freedom of expression. I argue that the HRC’s General Comment has been internally inconsistent so far as the freedom of expression at the one hand and its restriction on the “public order” ground at the other hand is concerned. Since maintenance of peace and public order is one of the mostly recognized functions of criminal law, I argue that the States parties to the Covenant should be allowed to prohibit ‘display of lack of respect toward religion’ since they have the tendency to stir up the breach of peace and public disorder. To remove the inconsistency, I also urge upon the HRC to amend the relevant part of its General Comment No. 34.In the background of these arguments, I attempt to justify the criminalization of hurting religious feelings coupled with some recommendations which if followed would reduce the chances of the State power from being abused. I hold that the urged amendment of the General Comment along with considering hurting religious feelings as crime coupled with the recommendations would make freedom of expression more internally consistent so far as its restriction on the “public order” ground is concerned.