American campaigners relentless in ‘battle’ to amend Maltese criminal code

American campaigners seeking an amendment in the Maltese criminal code that discriminates between punishments meted out for offending religious sentiments, have declared the European Union Agency for Fundamental Rights (FRA) has “taken note” of their protestations.

The Bhavna Shinde of Forum for Hindu Awakening is taking up the fight of two lone crusaders – the Hindu leader Rajan Zed and Rabbi Jonathan B. Freirich – against a discriminatory application of the law in Malta, which makes one liable to imprisonment of up to six months for publicly vilifying the Catholic religion, while committing such an act against “any cult tolerated by law” makes one liable to imprisonment only up to three months.

The forum said the FRA had take note of their concern and might report it in their annual report next year.

The Hindus say they have petitioned various bodies in the EU, the Council of Europe, the European Parliament, the European and Malta Ombudsman, the President of the Republic and even the Maltese archdiocese urging them to “ensure that Malta treats all religions and denominations equally in front of the law.”

Note that this law was enacted in 1933. But the use of the word “cults” reveals the contempt shown to other religions, apart from making blasphemy against Jews, Muslims, Protestants, adherents of the Bahá’í faith or Quakers less serious than against Catholics.

Article 338 (bb) states that it will be an offence to, “even though in a state of intoxication” publicly utter “any obscene or indecent words, or makes obscene acts or gestures, or in any other manner not otherwise provided for in this Code, offend against public morality, propriety or decency”.

In respect of this contravention, where the act consists in uttering blasphemous words or expressions, the maximum punishment may be imprisonment for a term of three months.