Anti-rape bill awaits approval of Senate committee

Islamabad
It has been more than a year since a private member bill aimed at addressing lacunas in the existing legislation dealing with the offence of rape is waiting for its approval from the Senate Standing Committee on Law and Justice.
The Anti-Rape Laws (Criminal Laws Amendment) Bill 2013, moved by Pakistan People's Party (PPP) Senator Syeda Sughra Imam, proposes to amend Pakistan Penal Code (PPC) 1860, Criminal Procedure Code 1898, and Qanun-e-Shahadat Order 1984, in order to improve conviction rate and bring the culprits within the ambit of law.
According to War against Rape (WAR), a Karachi-based NGO, less than four per cent of Pakistan's rape cases result in conviction.
The Anti-Rape Laws (Criminal Laws Amendment) Bill 2013 makes it mandatory for the court to decide the case within six months, failing which an application may be made to the High Court concerned for the appropriate directions for expeditious disposal of the case. The Bill also supports DNA profiling as crucial evidence during investigation process.
The law proposes that whoever is entrusted with the investigation of the case registered under 376 of the PPC fails to carry out the investigation properly or diligently or fails to peruse the case in any court of law properly and in the breach of his duties, shall be punished with the imprisonment for a term which may extend to three years or with fine, or both.
To protect victims from social stigmatisation, the Bill proposes that whoever prints or publishes the name or any matter, without proper authorisation or consent of the victim/next-of-kin/recognised welfare institute or organisation, which may make known the identity of the victim shall be punished with the imprisonment for a term which may extend to three years and shall also be liable to fine.
The proposed law clearly mentions that if a police officer, public servant and staff member of jail management or hospital commits rape while taking advantage of his position, shall be punished with death or imprisonment for life and shall also be liable to fine.
The Bill makes its mandatory for registered medical practitioners employed in a hospital run by the government or local authority to examine the victim, as soon as the victim is brought to them, and prepare a report mentioning name, address, age, marks of injury, mental condition and other particulars besides the description of material taken for the person for DNA profiling. The amendment proposes that the examination shall be conducted with the consent of the victim or of a person competent to give such consent on her behalf.
The Bill also makes it mandatory to conduct medical examination of the perpetrator if there are reasonable grounds for believing that an examination of this person will afford evidence as to the commission of such offence. The law proposes in camera proceedings of the cases and recommends that there shall not be lawful for any person to print or publish any matter in relation to any such proceedings.
Last week, Senate Standing Committee on Law and Justice took up the Bill for discussion. The Committee members which include renowned law makers of the country supported most of the amendments. They suggested increasing the age for rape victim from 12 to 16 years and said that the medical examination in case of rape should only take place at government run hospitals. The Committee asked Sughra Imam to submit the Bill in the next meeting after incorporating the suggested changes.
Talking to 'The News', Senator Sughra Imam expressed hope that the Bill would be approved from Senate during her tenure ending in March. "After making proposed changes in the draft, I will submit the Bill in the next meeting of Standing Committee on Law and Justice. I hope it gets approved in the next meeting," she said.