Abstract
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.
Dr. Aman Ullah. (2018) Criminalizing Literature of Hate Speech in Pakistan, Bazyaft, Volume 32 , Issue1 .
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