The proposed anti-rape law proposes castration of a regular offender of rape with the approval of the convict- Islamabad. In accord with first or recurrent offenders/rapist, the theory of chemical castration has been introduced mainly as a form of rehabilitation, and subject to consent of the convict.
A discussion of the cabinet committee on legislative cases, directed by federal Law Minister Dr Farogh Naseem, endorsed the Anti Rape (Investigation and Trial) Ordinance 2020 and the Criminal Law (Amendment) Ordinance 2020 on Thursday. The regulations have even now been approved in principle by the federal cabinet.
What Dr Farogh Naseem (Law Minister) Said
According to Dr Farogh Naseem, it is obligatory under the international law to take permission of the convict before castrating him.
He said in case chemical castration was ordered without taking consent, the offender might challenge this by a court of law.
If convict doesn’t approve, he would be dealt with in accord with PPC under which court might award him life time or 25 years in jail or death sentence,
Responding to a question, he said if a convict would not subscribe to chemical castration, he would be dealt with in accordance with the PPC under which the court might award him life imprisonment, death sentence or 25-year jail time.
Though, Mr Farogh Naseem made it clear that it was up to the court to determine the punishment. The judge may order punishment under the PPC or chemical castration.
He further said that the court might order castration for a limited period or lifetime.
The PTI government is all set to announce the two ordinances to set up exclusive courts for immediate trial of rape cases.
Three associates of the committee Parliamentary Secretary for Law, Secretary Raja Naeem Akbar, Barrister Maleeka Bukhari and Barrister Ambreen Abbasi have concluded the two ordinances.
These two regulations are in line with the constitutional agreements and international settlements. The proposed laws provide mechanisms to control the terrible incidents of sexual abuse of women and children and rape.
Significant Features of the Anti-Rape Ordinance, 2020 include
- In-camera trials.
- Establishment of special courts.
- Creation of anti-rape crisis cells to be headed by commissioners or deputy commissioners, who will ensure prompt registration of the FIR, medical examination, and forensic analysis of evidence etc.
- Eradication of degrading and inhumane two-finger virginity test for rape victims during medico-legal examination.
- Putting a restriction on cross-examination of rape victim by accused, thereby only allowing judge and accused’s lawyers to do so.
- Protection for victim and witnesses.
- Use of advanced equipment during investigation and trial.
- Legal assistance for victims through the Legal Aid and Justice Authority.
- Appointment of independent support advisers to provide support to victims.
- Appointment of special prosecutors for special courts.
- Investigation by JITs headed by district police officers (DPO’s).
- Formation of a special committee on pro bono basis to make sure overall implementation of the law.
- On the approval of the special committee issuance of medico-legal examination, prosecution guidelines and investigation, based on latest modern techniques and devices and maintenance of data of sex offenders through NADRA. Under the proposed law a public reporting mechanism will be introduced since the nation has called for fighting the menace of sexual crimes against women and children.
The Criminal Law Ordinance, 2020 (Amendment), substitutes the current section 375 of the PPC with a new provision to require a new definition of rape, extending male victims under the age of 18 and females of all ages and years. In addition to rape, the assault of gang rape has also been included in the proposed law.
Souces: Dawn News
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