If DNA evidence was not admissible, many investigation forces would feel paralysed. PHOTO: FILE
Till now, as a matter of standard practice, the police have relied on DNA evidence when registering rape cases. Courts, too, have used this to determine matters. In this age of science, this, of course, is the norm around the world. The general consensus within the women’s rights community appears to be that this has generally led to a higher rate of conviction for rapists, given that forensic evidence often provides the most solid proof in such crimes as well as in others. Indeed, it has revolutionised criminal investigation, making it possible to more accurately pinpoint those behind various crimes. If DNA evidence was not admissible, many investigation forces would feel paralysed.
Ours will, too. The CII observation, suggesting the use of DNA evidence be limited, sets us back and makes it harder to determine crime with certainty. It will mean not only fewer convictions, but also leave greater doubt hanging over decisions reached. This is a negative development, all the more so where, judging by the incomplete data available, hundreds of rapes occur each year. As a nation which forms a part of the global village, it is important we move ahead with modern times. As it has done in the past, under more progressive heads, the CII needs to take a realistic view of matters and recognise that impeding the use of DNA evidence would only obstruct the course of justice — and this cannot be a good thing in any society.
Published in The Express Tribune, June 1st, 2013.
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@kaalchakra: Your comment is wrong on so many levels. It's people like you who give Islam a bad name.
In Muslim societies necessity of four witnesses to rape is required to advise the victim and her relations to shut up and move on . The reason being that it is she who asked for it and that for her the place is the basement in the house . How dare a woman can seek equality , jobs and be seen in public spaces forget DNA this satanic jargon and polemical disputations .
I am starting a fund raising campaign to send all the CII members and mullahs of Pakistan on an all expenses paid 5 year holiday to the Galapagos islands...
Our clerics have become to Pakistan what the catholic church was to Europe in their dark ages.
@mir For these people, ijtehad is nothing. Theyare just not intelligent enough to know anything new. The CII has at least one shia molvi on it. And i know for sure that shia jurisdiction openly accepts ijtehad. But accepting it and being good enough to actually do it, are two very different things. We have gone far too low. We generally send the lowest IQ family member to madressas. This is the outcome. Lets face it.
@kaalchakra: " ... Islam was the first to discover and implement this rule of justice. ... "
You mean - Islam was the first to discover and implement this rule of injustice. I am talking about the 4 witness rule.
@ARW: Just wondering. Lets say a woman registers for a rape case against a man. We use the DNA test and its positive. In actuality they both committed out of marriage intercourse willingly. Or lets say the man claims that they had intercourse willingly even though he did in fact rape her. How do you decide whether to punish the man for rape or to punish both for zina ? You can't based primarily on a DNA test can you ? Yeah thought so.
This is the islamic legal system. All legal systems in the world have areas where the guilty might walk free due to constraints of evidence. The difference between others and us is that we know that this world was never meant to be truly or absolutely just. True justice is reserved for judgement day.
@kaalchakra: "We don’t want women going around accusing everyone in sight, do we? Besides, DNA has been accepted as a supplementary evidence."
Are you implying there is rampant rape or illegal sex among Muslims and many women will falsely accuse Muslim men for raping them?
Perfect comment by Blackjack. This 4 witness for rape law is made by the men to protect the men. On a different note lots of your laws are either cruel or comical without logic.
I fully agree with the Islamic Ideology council that no law is above Allah's law. But in Islam there is clause to up grade the law with the time ,which is called IJtahyhad. Islam is religion for all the time.( I am not a religious scholar Just an ordinary Muslim by birth) If I know this our Islamic guidance counsel must be knowing this. If they do not agree to DNA test. They have no right to have electric city in the house , They should only travel by a camel. I hope they grow up. No rap victim will invite four witness to see actual penetration. So you can rap if there is no one around.
@BlackJack:
Well stated.
@yousafhaque:
The problem lies with the 'interpretation', not the gender.
@kaalchakra: DNA would be inadmissible without the four witnesses. So, for a rape victim, first she or he (victim can be male also), has to line up four people of good standing, who just happened to be lounging around, getting their kicks out of watching someone being raped right before their eyes. Then and only then, would DNA evidence be considered.
Are you trying to make fun of this debate or just not intelligent enough to understand it ?
Interestingly , how does CII view the so-called pious male Muslims ( four of them to be precise) who stood around and watched a woman being raped and then come solemnly to give evidence.!!!
What does Islam say about them in the view of CII?
Nathan
The problem with a perfect religion is that no one dares to suggest any improvements.
I am deeply ashamed of being a male
DNA based evidence is accurate and cannot be denied. In Pakistan most criminals create an alibi to show they were not at the crime scene but at some other place. It is the easiest thing to do in Pakistan where family, friend and neighbor do not have problem to testify in one’s behalf. In addition one can hire witnesses standing outside the courts. The DNA can prove the alleged criminal was or was not present at the crime scene despite his army of witnesses. The victim does not have the power, money or resources to prove the rape and DNA is a primary God sent scientific and accurate tool to help her out. Of course our CII is never going to go when it comes to helping women victims. These same people have no problem when science is used to help them out with all the modern perks of life and when sick.
One should ask the members of CII that god forbid if their daughter is being rapped then will they be able to get FOUR EYE WITNESSES to punish the culprits????
The fact of the matter is that NO ONE will be able to produce these witnesses. These (MULLAS) are the ones who want us to live in the stone ages!!