The Anti-Rape Bill is coming up before the Parliament, that is the NA and Senate combined. I found many inadequacies and problems. The following amendments would help save the victim from public humiliation as well as ensure convictions, the ratio of which is very poor in the present system.
In an effort to improve the bill and cover all lacunas I have primarily tackled four issues:
- If a police officer neglects prosecution of the case, he should be punished but the same has to be mentioned by the judge or as a result of an inquiry, as without that there can be no case of legal action.
- The Bill just mentioned that the name of the victim should not be printed in newspapers and published. I have added that the name should not be mentioned in electronic, cyber and social media. If it is done there is punishment given in the bill
- The Bill stated that the police officer can release the name of the victim in good faith. I have amended that it can only be done after permission from the victim if an adult or permission from parents if minor. The name should therefore be protected at all costs.
- The Bill only mentioned rape of females. I have included 'a person or woman' to ensure rape of male children or teenagers is also included.
Anti Rape Bill
A Bill further to amend the Pakistan Penal Code 1860, Code of Criminal Procedure 1898
and the Qanun-e-Shahadat Order 1984)
That in the Bill as passed by the Senate and transmitted to the National Assembly:
In Clause 2 (218A) after the words ‘breach of his duties’ the words ‘as stated by a court of law or as a result of an investigation’ may be inserted
In Clause 3 (228A) (1) after the words ‘Whoever prints or publishes’ the words ‘or mentions on the electronic or cyber or social media’ may be inserted
In Clause 3 (228A) (2) (a) after the words ‘such offence’ the words ‘after taking authorization of the victim if an adult or by the parents of the victim if a minor’ may be added
In Clause 3 (228A) (3) after the words ‘Whoever prints or publishes’ the words ‘or mentions on the electronic or cyber or social media’ may be inserted
In Clause 6 (164A) (1) after the words ‘rape is under investigation, the person’ the word ‘of’ should be deleted and the word ‘or’ may be added
In Clause 6 (164) (2) after the words ‘to whom such’ the words ‘person or’ may be inserted
In Clause 6 (164) (2) after the words ‘examine’ the word ‘her’ may be deleted and the words ‘the person or women’ may be added
In Clause 6 (164) (2)(a) to (2)(7) in all instances where the word ‘women’ is used, the word ‘person or’ may be added before it
In Clause 8 (3) after the words ‘any person to print or publish’ the words ‘or mentions on the electronic or cyber or social media’ may be inserted
Amendments drafted and signed by Dr Arif Alvi MNA (250)
(Others who have signed these amendments besides some PTI members, include Nafeesa Shah and Azra Fazal Pechuho of PPP)