The Senate voting against the Criminal Laws (Amendment) Bill 2023, which proposed public hanging as a punishment for rape accused, reflects the moral complexity embedded within the country’s social and religious landscape. The bill’s rejection, by 24 to 14, is indicative of the multifaceted nature of public opinion, with segments of the population demanding harsher penalties for perpetrators of sexual violence while others argue against public executions citing moral and ethical concerns.
Public executions have long been debated worldwide, with various studies and discussions highlighting the potential deterrence effect and the ethical implications. In Pakistan’s context, this debate intersects with religious and cultural norms where Shariah law plays a pivotal role. The tension between progressive legal reforms and adherence to traditional religious values is what creates the struggle to reconcile modernity with deep-rooted societal and religious beliefs. The Senators’ decision is a testament to the importance of parliamentary democracy in addressing complex moral and ethical questions. Despite the vocal support for the bill from certain factions, the Senate chose to uphold democratic principles by allowing for a thorough discussion and ultimately voting based on a consensus among members. But they must also introspect on tough considerations: does rejecting capital punishment mean we are progressing towards a more morally advanced society? Will any other form of deterrence be enough?
One cannot overlook the moral ambiguity inherent in the public execution debate. While there may be arguments in favour of deterrence, there are equally compelling ethical considerations, including the potential for the dehumanisation of both the accused and society as a whole. The rejection of the bill, however, reflects a willingness to sacrifice ethical principles for the sake of a perceived expedient solution to a complex societal issue.
Published in The Express Tribune, February 21st, 2024.
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