Upper house also clears bill against custodial torture. STOCK IMAGE
In one of the rarest moments in the country’s legislative history, members of the Senate on Monday gave their unanimous approval for two private members’ bills after incorporating amendments into the laws against rape and honour crimes. Both these amendment bills were proposed by Senator Sughra Imam of the Pakistan Peoples Party (PPP).
The upper house also approved a freshly amended bill against custodial torture and backed mandatory disclosure of conflict of interest in the Privatisation Commission. The latter bill was also proposed by Senator Sughra Imam in a private capacity.
Some four bills were cleared by the upper house on Monday, including the Anti-Honour Killings Laws (Criminal Laws Amendment) Bill, 2014, The Torture, Custodial Death and Custodial Rape (prevention and punishment) Bill, 2014, The Anti-Rape Laws (Criminal Laws Amendment) Bill, 2014 and The Privatisation Commission (Amendment) Bill, 2013.
The draft law against rape has been prepared after appropriate amendments in the Pakistan Penal Code, 1860, the Code of Criminal Procedure, 1898 and the Qanoon-e-Shahadat Order, 1984. The anti-honour killings bill was drafted after incorporating changes into the Qanoon-e-Shahdat Order 1984.
Senator Sughra Imam moved the Privatisation Commission (Amendment) Bill, 2013 while the fourth bill against custodial torture and death was moved by Senator Farhatullah Babar of the PPP. The Privatisation Commission Bill will make it binding upon the commission’s members to disclose conflict of interest and seek post-audit of privatised entities.
Under anti-honour killing laws, all questions relating to a waiver or compounding of an offence or awarding of punishment under section 310 of Pakistan Penal Code, whether before or after the passing of any sentence, shall be determined by trial court.
But such questions may be determined by the appellate court provided the sentence of qisas or any other sentence is waived or compounded during the pendency of an appeal,
The amendment in the torture, custodial death and custodial rape bill provides for the prevention and protection of Pakistani citizens and of all other persons for the time being in Pakistan from all acts of torture, custodial death and custodial rape.
Under this amendment bill, whosoever commits, or abets or conspires to commit the offence of custodial death or custodial rape, shall be punished with imprisonment for life and with fine which may extend to Rs3 million.
Moreover, any public servant, or any other person who has a duty to act and either intentionally or negligently fails to prevent the commission of the offence of custodial death or custodial rape shall be punished with imprisonment for a term, not less than 7 years which may extend to 10 years and with a fine worth up to Rs1 million. The fine, if recovered, shall be paid to the legal heirs of the victim or to the victim as the case may be.
In case the penalty is not recovered, additional imprisonment shall be awarded which may extend to five years. No female shall be detained in order to extract information regarding the whereabouts of a person accused of any offence or to extract evidence from such female and no female shall be taken or held in custody by a male, only a female public servant can lawfully take a female into custody.
Complaints of torture may be filed either with the FIA or before a sessions judge against any person, including a public servant. Investigation in complaints of torture shall be completed within 14 days. Trials shall be completed within three weeks. Appeals can be filed before the respective high court within 10 days and decided in 30 days.
Published in The Express Tribune, March 3rd, 2015.
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