Minority Rights in South Asia:

A Comparative Analysis of India, Pakistan, and Bangladesh with Special Reference to Blasphemy Laws

Faiz Ayat Ansari

Sayere Nazabi Sayem

Samyuktha Anuram

 

Abstract: This article offers a comparative legal and socio-political analysis of minority rights in South Asia, with a particular focus on the operation and impact of blasphemy laws in India, Pakistan, and Bangladesh. It argues that while these laws were inherited from colonial legal frameworks, their contemporary application reflects divergent trajectories shaped by nationalism, religious majoritarianism, and political instrumentalisation. In India, the misuse of Section 295A of the Penal Code has intensified under rising Hindu nationalism, disproportionately affecting Muslims and Christians. Pakistan’s blasphemy regime, especially Section 295-C, is marked by harsh penalties and systemic abuse, often resulting in mob violence and judicial persecution of religious minorities, particularly Christians, Hindus, and Ahmadis. Bangladesh, despite its constitutional commitment to secularism, has seen the rise of digital-era blasphemy regulation through the Cyber Security Act 2023, which has been used to suppress dissent and target atheists and Hindus. Drawing on constitutional texts, international human rights instruments, and case studies, the paper identifies a regional pattern of legal overreach, societal intolerance, and state complicity. It concludes by proposing differentiated legal reforms, judicial safeguards, and civil society engagement tailored to each national context, aimed at restoring the balance between religious freedom and public order in South Asia.