Declaration Safeguards against honour killing
The Criminal Amendment bill that made ‘honour
killing’ as murder in Pakistan Penal Code in 2004 proved
to be a farce. As expected it made no effect on the honour crimes.
The situation with regards to women’s rights went bad
to worse in 2006. HRCP recorded 575 incidents of honour killing
in this year which is double the number than last year.
The failure was predicted because murder per se remained to
be a compoundable offence under the Qisas and Diyat Ordinance,
meaning that a settlement out of the court was possible. Therefore
in general there was no recourse available to weaker sections
of society about the most heinous of the crimes against women.
Albeit few promissory announcements on honour killings etc.
the women rights were neglected by the government. Women or
religious minority communities are even more vulnerable and
face violations.
Insufficient measures
On July 6, 2006, President issued an
Ordinance giving women prisoners relief except those accused
on charges other than terrorism and murder, the right
to be released on bail. The government claimed that about
1,300 women were to benefit release on bail, but no measures
were introduced for many women disowned by family or relatives,
were exposed to insecurity.
Criminal Law Amendment (Protection
of Women) Act 2006:
A bill was passed on November 30, 2006
supposedly to amend the controversial Hudood laws pertaining
to adultery (Zina), etc. However the legislation had a
little bearing on protection of women from the injustices
originating from these laws on the following basis:
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a) The amendment (Section 203-A,
Criminal Procedure Code) changed procedure for complaints of
rape and adultery. These complaints under offences will be dealt
with by the courts rather than police. In practical terms, the
change is likely to make rape complaints more difficult as;
courts are far less accessible, considerably fewer than police
stations and their procedures are costly and complicated.
b) The amendment might fail to reduce sexual
violence against women as the offense of sexual assault was
made bailable which was non-bailable before (Amendment Section
10 Schedule II, Act V 1898, Cr. PC). This change provides
the accused of the offense of rape an opportunity to maneuver
and influence the proceedings or temper with evidence / witnesses.
c) Amendment Section 9 that incorporated Section
203 B, in Code of Criminal Procedure, aimed at reducing the
possibility of false accusation of rape / adultery in fact eliminated
the police investigation and assigned the inquiry into the complaint
on already over burdened judiciary.
d) Section 502 B added to Penal Code
made publicizing the identity of a woman victim of rape or adultery
and her family, a punishable offense with imprisonment for six
months or fine or both. This law would discourage journalists
and human rights defenders from helping the women victims and
their case needing public attention.
e) The new Section 203 A, in the
Criminal Procedure Code still requires four or more eyewitnesses
to file a case against a rape incident in the court. The section
ruled out the medical test and other circumstantial evidence
as a proof of the offense.
The amendment failed to address discrimination against
women in the laws:
a) The value of women’s court testimony
under Section 17 of the Qanun-e-Shahadat 1984 (Law
of Evidence) is still half of a man’s witness.
b) The Presiding Officers of the courts have
to be Muslims although the (non-Muslim women) Judges also receive
the same education whether Muslim or any other faith and the
Hudood laws are equally applicable to the non-Muslim citizens.
c) The amendment did not address the issues
arising from Qisas and Diyat Ordinance, responsible for violence
against women.
d) To prove theft at least only male adult
Muslims are still entitled to give evidence as eyewitness under
Offense against Property Ordinance (Hudood VI of 1979).