With the disgraceful scenes in Birmingham[1], coming hot on the heels of the blow-up over incitement to religious hatred, it is wonderfuly ironic to ponder the following legal hypothetical.
Apostate Sikhs are very definitely a group defined by their religious views. As are apostate Muslims and heretics or blasphemers in general. The Home Office
FAQ doesn’t mention blasphemers specifically, but it does reassure the atheists and says that the proposed Bill “will also protect people targeted because of their lack of religious beliefs or because they do not share the religious beliefs of the perpetrator”.
It is hard for me to see how the people in Birmingham’s gurdwaras who stirred up these crowds could have done so without taking steps which would at least prima facie have given rise to a case that they had incited hatred against the play’s author. I doubt that specific acts of violence could be laid at their door, but this crowd did not assemble spontaneously, nor did its members become enraged entirely as a result of their independent theological scrutiny of the theatre listings.
Therefore, in rank defiance of almost every newspaper editorial this morning, I submit that the Bezhti affair is weak evidence in favour of the draft legislation, as it seems to me that some Sikh elders in Birmingham have behaved in a highly socially destructive and reprehensible way, that they have most likely not committed any offence under current UK law in doing so, but that their behaviour would have been illegal under the proposed legislation. This doesn’t make me a supporter of the Bill itself, but it’s worth thinking about.
Footnote:
[1]Actually, they’re not really that disgraceful. The theatre has a right to put on an offensive play, anyone who is offended with it has the right to stage a demonstration, and the rozzers have the right to protect the public if that demonstration turns rowdy, which they have declared themselves willing and able to do. The only real failure of the system here was that either theatregoers or theatre managements decided to go all namby about a “riot” in which nobody was hurt and only three arrests were made, all for public order offences. Gawd help us if the Premier League decides to adopt this standard of “safety”. However, the playwright has apparently now received death threats, which are genuinely disgraceful whether or not the people making them have the ability or intention to carry them out.