Punishment despite compromise in honour killing cases

Parliament approves two bills

ISLAMABAD: The joint sitting of both the houses of parliament on Thursday gave approval to women protection bills aimed at increased punishment for people involved in honour killings and making DNA tests mandatory in the rape cases.

Both the bills — the Anti-Honour Killings Laws (Criminal Laws Amendment) Bill, 2016 and Anti-Rape Laws (Criminal Laws Amendment) Bill, 2016 — were moved by Senator Farhatullah Babar in the joint sitting of both the houses of parliament.

One bill relates to amending the honour killing law seeking to curb murders in the name of honour and the other relates to anti-rape laws aimed at punishing rapists by use of modern technology of DNA testing in investigating rape cases.

Both the bills, initially moved by former PPP senator Sughra Imam, were passed unanimously by the Senate sometime back and subsequently moved in the joint sitting of parliament by Farhatullah Babar on the expiry of Sughra Imam’s term in the Senate.

These bills were approved by the parliamentary special committee on bills headed by Law Minister Zahid Hamid that comprised members from both the houses of parliament in July this year.

Under the anti-honour killing bill, the clause giving pardon by family members to the person who kills in the name of honour is to be removed.

Under the Anti-Rape Laws (Criminal Laws Amendment) Bill, 2014, whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under Section 376 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine. The anti-rape bill seeks to make a DNA test compulsory as part of the procedure and investigation in all rape cases.

Similarly, for the first time, anyone hampering the investigation into a rape case will be sentenced to three years imprisonment. Besides, rape of minors, as well as mentally and physically challenged, would become punishable by death. The trial of rape cases would be binding to be completed in three months while the time for appeal in such cases would be four months.

The legislation on honour killings has introduced strict punishment for the convicts making it tougher than the ordinary murder cases. Under the new law, the convict in honour killing cases will have to face life imprisonment even if the relatives of the victims reach an agreement with the convict and pardon him or her. Under the existing law, a murderer can be released after the legal heirs pardon him and on honour killings recommends 25 years imprisonment even if the heirs of the victim pardon the convict.

Moving the bill in the House, Farhatullah Babar said the bill is aimed at preventing killing of women in the name of honour. The religious parties had objected to the bill with an argument to do away with the compoundable clause. But, Farhatullah Babar had argued that Islam never allows killing of anyone with ulterior motives. He said issue of compoundability was not an issue of ideology rather it was a political issue. “The proposed law would be a step forward to stop honour killings as there were shortcomings in the present law,” he added.

Babar said the Anti-Honour Killing Bill was passed by the Senate Committee in 2014 when it was headed by the JUI-F senator. “Subsequently it was passed by the 104-member Senate by consensus including the religious parties,” he added.

He said that under the anti-terror laws, murder was not compoundable and Qisas and Diyat did not apply. Similarly, he said Women Protection Act of 2004 was also excluded from compoundability murders. He said that opposition to exclude from Qisas and Diyat law and to make non-compoundable murders in the name of honour was motivated by politics and not religion. He said it is being opposed simply because it is viewed as women related bill and some of us do not have empathy towards women in the country. “This is not only women related but it also relates to men,” he said.