Much-awaited humanity bills

Parliament has finally passed the much-awaited anti-honour killing and rape bills, the delay of which has led countless murderers and rapists go scot-free. The Anti-Honour Killing Laws (Criminal Amendment Bill) 2015 and the Anti-Rape Laws (Criminal Amendment Bill) 2015 have seen the light of day two years after they had been introduced by former PPP Senator Sughra Imam in January 2014, and a year after the Senate had unanimously passed them. While parliament should definitely be appreciated for the bills, it is also a time to question why the bills had not been prioritised earlier. It should not have taken any number of “high-profile” killings or rape incidents for the people’s representatives to get over their slumber. At the same time, the bills are revolutionary for Pakistan. The anti-rape laws will finally accept DNA as primary evidence. The rape of minors and people physically and mentally ill will now be punishable by death, while police officials who attempt to put obstacles to investigations may also face a prison term. This anti-rape bill also appears to be an attempt to change the mindset of people by criminalising the questioning of a victim’s character.



Honour killings too, finally, have a mandatory sentence and all convicts will face jail term. While this is a moment to celebrate, parliament cannot be given a blanket seal of approval on this front. The anti-honour killing bill is still fundamentally problematic because family members have the room to forgive. The punishment for such crime should have only been the prerogative of the courts, but family members can still pardon the killer in case of death penalty. The space to forgive, at any level, should not have existed because this is, in essence, against the outright rejection of murder in the name of honour. It is also disconcerting that such murders remain a compoundable offence, whereby a complainant may compromise and agree to drop charges. While the bill was much needed, it is certainly not enough. In fact, it is deeply disappointing that although the National Assembly had ample time, ‘honour’ crimes are still not treated as a crime against the state.

Published in The Express Tribune, October 8^th, 2016.

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