CRIMES AGAINST WOMEN


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:

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).

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