Criminalizing Literature of Hate Speech in Pakistan
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 Obj...
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University of the Punjab, Institute of Urdu Language and Literature, Lahore
2018-06-01
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| Series: | بازیافت |
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| Online Access: | http://111.68.103.26/journals/index.php/Bazyaft/article/view/4804 |
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| author | Aman Ullah |
| author_facet | Aman Ullah |
| author_sort | Aman Ullah |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-221a4c340c1a407c843ebe32e712d975 |
| institution | Kabale University |
| issn | 1992-3678 2788-4848 |
| language | English |
| publishDate | 2018-06-01 |
| publisher | University of the Punjab, Institute of Urdu Language and Literature, Lahore |
| record_format | Article |
| series | بازیافت |
| spelling | doaj-art-221a4c340c1a407c843ebe32e712d9752025-08-20T03:59:52ZengUniversity of the Punjab, Institute of Urdu Language and Literature, Lahoreبازیافت1992-36782788-48482018-06-01183210.57156/bazyaft18324804142059Criminalizing Literature of Hate Speech in PakistanAman Ullah0University of the Punjab, LahoreAt 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.http://111.68.103.26/journals/index.php/Bazyaft/article/view/4804freedom of speechliterature of hate speechhuman rightjudicial activismconstitution of pakistan |
| spellingShingle | Aman Ullah Criminalizing Literature of Hate Speech in Pakistan بازیافت freedom of speech literature of hate speech human right judicial activism constitution of pakistan |
| title | Criminalizing Literature of Hate Speech in Pakistan |
| title_full | Criminalizing Literature of Hate Speech in Pakistan |
| title_fullStr | Criminalizing Literature of Hate Speech in Pakistan |
| title_full_unstemmed | Criminalizing Literature of Hate Speech in Pakistan |
| title_short | Criminalizing Literature of Hate Speech in Pakistan |
| title_sort | criminalizing literature of hate speech in pakistan |
| topic | freedom of speech literature of hate speech human right judicial activism constitution of pakistan |
| url | http://111.68.103.26/journals/index.php/Bazyaft/article/view/4804 |
| work_keys_str_mv | AT amanullah criminalizingliteratureofhatespeechinpakistan |