Civil society in furore: Review of ‘Qisas and Diyat Ordinance 1990’ demanded
Civil society activists have filed petition to the president and prime minister to re-visit the ordinance.
Human rights activist Dr Fouzia Saeed said “murder should be a crime against the state and not a person.”
ISLAMABAD:
With the recent out-of-the-court settlement in the Shahzeb Khan murder case, civil society groups find themselves entangled in a new debate, as they press the government on a review of the Qisas and Diyat Ordinance 1990.
Civil society activists filed a petition to President Mamnoon Hussain, Prime Minister Nawaz Sharif and law and justice minister, on Tuesday, which demanded a re-visit of the ordinance and called for abolishment of discriminatory laws.
The petition was signed by over 900 civil society activists that included notable human rights activists, educationists, lawyers, journalists and concerned Pakistanis.
The document premised its claims over two significant cases in the past three years to claim gross violation of justice including the notorious Raymond Davis case in which families of victims forgave the accused, an action made possible by the 1990 ordinance entailing immunity for the rich and the powerful. The petition noted that current laws pertaining to murder protect the rich while exploit the weak and vulnerable. Director of Gender Study Centre Dr Farzana Bari added that the issue of impunity to the accused in ‘honour’ killing cases falls under the same category of injustice.
Human rights activist Dr Fouzia Saeed said “murder should be a crime against the state and not a person.”
The petition has requested the PML-N to order a review of the ordinance so as to ensure that sufficient mechanisms are in place within the legal framework to achieve justice and equality.
Chairman, Pakistan Ulema Council, Allama Tahir Ashrafi, however, said that the ordinance requires no amendments and rather basic flaws in the justice system should be rectified. “The weak system of prosecution provides breathing space to the accused,” he added.
In reply to the question that the ordinance is being misused by the powerful, Ashrafi claimed that stronger police and justice systems would serve as better deterrents and that it is the need of the hour to strengthen these institutions.
Published in The Express Tribune, September 18th, 2013.
With the recent out-of-the-court settlement in the Shahzeb Khan murder case, civil society groups find themselves entangled in a new debate, as they press the government on a review of the Qisas and Diyat Ordinance 1990.
Civil society activists filed a petition to President Mamnoon Hussain, Prime Minister Nawaz Sharif and law and justice minister, on Tuesday, which demanded a re-visit of the ordinance and called for abolishment of discriminatory laws.
The petition was signed by over 900 civil society activists that included notable human rights activists, educationists, lawyers, journalists and concerned Pakistanis.
The document premised its claims over two significant cases in the past three years to claim gross violation of justice including the notorious Raymond Davis case in which families of victims forgave the accused, an action made possible by the 1990 ordinance entailing immunity for the rich and the powerful. The petition noted that current laws pertaining to murder protect the rich while exploit the weak and vulnerable. Director of Gender Study Centre Dr Farzana Bari added that the issue of impunity to the accused in ‘honour’ killing cases falls under the same category of injustice.
Human rights activist Dr Fouzia Saeed said “murder should be a crime against the state and not a person.”
The petition has requested the PML-N to order a review of the ordinance so as to ensure that sufficient mechanisms are in place within the legal framework to achieve justice and equality.
Chairman, Pakistan Ulema Council, Allama Tahir Ashrafi, however, said that the ordinance requires no amendments and rather basic flaws in the justice system should be rectified. “The weak system of prosecution provides breathing space to the accused,” he added.
In reply to the question that the ordinance is being misused by the powerful, Ashrafi claimed that stronger police and justice systems would serve as better deterrents and that it is the need of the hour to strengthen these institutions.
Published in The Express Tribune, September 18th, 2013.