The Upper House on Monday passed four bills including anti-honour killings and anti-rape laws moved by Pakistan Peoples Party’s (PPP) Senator Syeda Sughra Imam. This represents a move towards a legal system that can better protect the victims of these crimes.
These bills close loopholes in the existing laws that made it easy for culprits to get away with their crimes. For example, murder in the name of honour is committed by one member of the family who is then promptly pardoned by another member of the same family. The amendment seeks to remove this lacuna in the law. A critical amendment pertains to mandatory DNA test within twenty-four of hours of receipt of rape report and to make the results of the test admissible as evidence.
This type of legal protection was needed due to weak law enforcement and criminal investigation. Amendments include the resolution of rape cases within six months, protection of the identity of rape victims and penalties for disclosures of personal information of rape victims. The hope is that legislation can prompt the police towards better prosecution and protection, as a codified law is difficult to skirt. The bills impose a three-year sentence and/or fine for a public servant who fails to “properly and diligently” carry out an investigation. Police officers and public servants who take advantage of their position to rape women in their custody will be given a mandatory life imprisonment.
Additionally, Senator Farhatullah Babar said that mandatory DNA testing would not only overcome a serious loophole in terms of producing witnesses in rape case but the amendment will also provide an effective response to the proclamation of the Council of Islamic Ideology (CII) last year, rejecting the importance of DNA tests in rape cases. This sets clear precedent that the CII is merely an advisory body whose recommendations are not binding on the parliament.
It will be argued that these laws cannot take shape without proper law enforcement, and will not change the actions of criminals, but we must realise that public debate, in and outside the parliament, is an important way to re-educate and sensitise people on the subject of women’s rights and human dignity. It is also important to appreciate the efforts by these legislators, for bringing such issues to the fore, that often go against the very sensitive sensibilities of the majority. The Parliament of Pakistan is supposed to be the supreme law-making body as well as the sovereign representing the people. Such laws are landmarks of hope for democracy and the legal equality of all citizens.