Four years after a Bangladeshi Hindu girl named Tithy Sarkar was accused of insulting Prophet Muhammad and committing ‘blasphemy’ on social media, a court in Dhaka sentenced her to 5 years in prison. This harsh sentence has raised serious concerns about the state of religious freedom and minority rights in Bangladesh.

The disturbing verdict was announced on Monday, 13th May, by Justice AM Zulfikar Hayat of the Dhaka Cyber Tribunal under the Digital Security Act (DSA). The severity of the punishment underlines the growing intolerance and stringent measures taken against individuals accused of blasphemy in the country. Justice Hayat also sentenced Tithy Sarkar to 1 year of probation on eight conditions, adding to the weight of the penalty imposed on her.

During her probation period, Tithy Sarkar was directed to appear before law enforcement authorities whenever summoned. This condition further tightens the control over her actions and movements, reflecting the stringent enforcement of the Digital Security Act. The act has been widely criticized for its potential to suppress freedom of speech and target vulnerable minority communities.

The case of Tithy Sarkar is particularly troubling as it highlights the precarious situation of religious minorities in Bangladesh. The accusation of blasphemy against her has not only resulted in a harsh legal penalty but also placed her under continuous scrutiny by the authorities. This incident raises a crucial question: Is Bangladesh becoming the new Pakistan in terms of religious intolerance and persecution of minorities?

According to Bench Assistant Jewel Miha, a probation officer would monitor the activities of the Hindu woman. The verdict against her may be reconsidered if the said probation officer gave a satisfactory report. This means that Tithy Sarkar’s future hinges not only on her conduct but also on the discretion of the authorities overseeing her case.

The victim had been languishing in jail for the past 21 months. Her prolonged detention before the verdict has raised questions about the justice system’s treatment of those accused of blasphemy. A total of six witnesses testified against her in court, highlighting the intensity of the prosecution's case against her.

Tithy Sarkar, a former student of Jagannath University, was booked by the police on 2nd November 2020. Her arrest marked the beginning of a long and challenging legal battle. She was also the convenor of the World Hindu Struggle Council and the office secretary of the Students Protection Council of Jagannath University. These roles underscore her active involvement in advocating for Hindu rights and protecting student interests, making her a prominent figure in her community.

The implications of her conviction extend beyond her personal plight, reflecting a broader issue of religious intolerance and the precarious position of minority communities in Bangladesh.

Tithy Sarkar Filed Police Complaint, Told Police That Her Facebook Account Was Hacked

Media had reported in 2020 that the Hindu woman had gone missing after being accused of ‘hurting religious sentiments.’ Islamists had alleged that Sarkar made derogatory remarks against Islam and the Prophet Muhammad. This accusation had created a highly volatile situation, leading to her disappearance.

Tithy Sarkar met the officials at the Pallabi police station and filed a complaint about her Facebook account being hacked. She had made it clear to the police that the alleged ‘blasphemous comments were’ made by an unidentified hacker using her Facebook handle. This critical detail highlighted her claim of innocence and her attempt to clear her name amidst the serious allegations.

The development was confirmed by Kazi Wazed Ali, the station-in-charge of the Pallabi police station. His confirmation added official weight to her claim of being a victim of hacking rather than the perpetrator of blasphemy. However, after filing the police complaint, the Hindu woman went missing and her phone remained untraceable. This sudden disappearance added to the mystery and concern surrounding her case.

Her sister Smriti expressed deep concern and a plea for help during this troubling time. “We do not blame anyone behind my sister’s missing. We are requesting the government and the authorities concerned for my sister’s safe return,” she stated at that time.

University Suspended Tithy Sarkar, Police Claimed She Faked Her Kidnapping

On 23rd October 2020, Tithy Sarkar was suspended by her university for 10 days following large-scale protests by student organisations. The protests demanded strict action against her due to the allegations of blasphemy. She was also given a show-cause notice about permanent suspension from Jagannath University, indicating the serious consequences she faced from her academic institution.

The CID officials investigating the case claimed that Tithy Sarkar ‘faked’ her own abduction and went into hiding with her boyfriend-turned-husband Shiplu Mallik. This claim added a controversial twist to her case, suggesting that she attempted to escape the intense scrutiny and threats she was under. She was arrested on 11th November 2020, bringing her brief period of hiding to an end.

“After leaving her Pallabi home on October 25, Tithy contacted her boyfriend Shiplu Mallik and went to Bagerhat where they got married. They came back to Dhaka on November 9. Tithy later went to an in-law’s house in Narsingdi,” Deputy Inspector General Jamil Ahmed had said. This detailed account by the police official provided a timeline of her actions, portraying her as someone trying to evade the public and legal pressures by seeking refuge and starting a new life with her partner.

In May 2021, the CID filed a chargesheet against the Hindu woman and her husband Shiplu Malik. The chargesheet formalized the accusations and set the stage for legal proceedings against them both. On 4th November 2021, the Dhaka Cyber Tribunal ruled charges against Tithy Sarkar, officially starting the judicial process that would lead to her eventual conviction and sentencing.

Blasphemy in Pakistan and Growing Intolerance in Bangladesh

In the meantime, the police arrested another Hindu man named Niranjan Baral for allegedly spreading rumours about the disappearance of the Hindu woman. This arrest added another layer of concern regarding the targeting of the Hindu community under the guise of maintaining order and religious sensitivity.

Although Bangladesh claims to be a ‘secular nation,’ its blasphemy laws are often weaponized by Islamists to target religious minorities, including the Hindu community. These laws, intended to maintain religious harmony, are instead being used to silence and intimidate minority groups, creating an atmosphere of fear and oppression.

This is reminiscent of the situation in Pakistan, where mere allegations of blasphemy can trigger mob lynching and even death sentences by courts. A classic case in point was the Asia Bibi case, which led to the killing of a Pakistani legislator named Salman Taseer. The Asia Bibi case is a stark example of how dangerous and life-threatening blasphemy accusations can be, not only for the accused but also for those who support them.

Although the Christian woman was acquitted by the court, she had to leave Pakistan to avoid religious persecution. Her acquittal did not mean safety; rather, it underscored the pervasive and enduring threat of religious extremism and intolerance. The need to flee her homeland for safety highlights the severe consequences that can arise from such accusations.

Unfortunately, Bangladesh is treading the dangerous path of Pakistan, where the overwhelming Muslim majority gets away by encroaching upon Hindu lands and temples. The parallel between the two countries is alarming, as the abuse of blasphemy laws and the resulting persecution are becoming increasingly common in Bangladesh.

They are somehow immune against blasphemy laws, despite hurting religious sentiments and committing acts of desecration. This immunity enjoyed by the majority population points to a significant imbalance in the application of the law, where minorities bear the brunt of accusations and penalties. The cases of Tithy Sarkar and Niranjan Baral, along with the broader trend of intolerance, serve as critical indicators of the growing religious tensions and the urgent need for reforms to protect minority rights in Bangladesh.