Bill on public hanging of rape accused rejected in Senate

24 vote against the legislation while 14 senators express support for the bill in upper house

In a significant development on Monday, the Senate, the upper house of the Pakistani parliament, voted against the Criminal Laws (Amendment) Bill 2023, aimed at amending the Pakistan Penal Code, 1860, and Code of Criminal Procedure, 1898. The bill, which proposed public hanging as a punishment for rape accused, faced rejection with a majority vote in the house.

Chairman Muhammad Sadiq Sanjrani presided over the session when Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) presented a motion for the consideration and passage of the bill. However, the motion was met with resistance, ultimately leading to the rejection of the proposed amendments.

The voting results revealed a divided sentiment among the senators. Out of the 38 lawmakers present, 24 voted against the legislation, while 14 senators expressed support for the bill.

The bill faced opposition primarily from the Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), and National Party. On the other hand, most members of Jamaat-e-Islami, PML-Q, JUI-F, and some from the Pakistan Tehreek-e-Insaf (PTI) supported the bill.

PPP Senator Sherry Rehman articulated concerns, stating that public hangings would only propagate brutality in the country. She emphasised that the PPP had consistently opposed the death penalty for rape and urged a focus on improving policing rather than relying on harsh punishment.

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Rehman highlighted that Pakistan currently ranks fifth in the world in terms of the death penalty, asserting that public hanging is incompatible with the values of a 21st-century society. She argued that such a method would not effectively deter crime.

PML-N Senator Irfan Siddiqui echoed similar sentiments, advocating for maintaining the existing method of hanging within the confines of the gallows. Leader of the House Ishaq Dar opposed public hanging, citing the existence of the death penalty in the law.

While the PTI overall opposed public hanging, Barrister Ali Zafar expressed support for the death penalty but rejected the idea of public executions. Zafar emphasised the need for improving the justice system rather than resorting to public and street punishments.

However, PML-Q Senator Kamil Ali Agha, a supporter of the bill, argued that adherence to Islamic principles should guide the decision-making process. He referenced practices in other countries, such as the release of execution videos in the United States and public beheadings in Saudi Arabia, asserting the importance of aligning with Islamic values.

PTI Senator Muhammad Hamayun Mohmand stood in favour of public execution, drawing parallels between countries with public punishments and lower crime rates. He argued that such measures could act as deterrents, citing examples where public amputations for theft have reportedly led to reduced incidents.