sajjad
22nd February 2005, 04:56
Efforts on to make rape non-cognisable offence
By Ansar Abbasi
ISLAMABAD: The Law Ministry has proposed making rape and selling and buying of persons for prostitution non-cognisable offences thus barring police to arrest the offenders without warrant or court orders.
To safeguard the rights of women, the Law Ministry has also recommended changes in relevant statutes to guarantee that a woman offender is released on bail in all offences except heinous crimes.
Informed sources told The News that at a briefing given to Prime Minister Shaukat Aziz last week, the Law Ministry had sought his approval to a package of amendments to the Pakistan Penal Code (PPC), Criminal Procedure Code (CPC), Civil Procedure Code (CPC) and other laws.
The apparent purpose of these major changes is to reduce undue discretionary powers and remove procedural impediments to facilitate speedy justice to citizens besides addressing women rights organisations’ apprehensions about the misuse of present set of laws.
The prime minister, the sources said, did not straightaway approve the Law Ministry’s recommendations rather directed the authorities to consult other government agencies on these changes in basic statutes.
The sources said the most "comical" amendment proposed is with regard to Section 10, 13 and 14 of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The Law Ministry has proposed that the offences under sub-section (2) of section 10 (Zina liable to Tazir) and section 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, may be made non-cognisable. Non-cognisable offences are those offences where the police could not arrest or investigate offender without court warrant of arrest.
Sub-section (2) of section 10 pertains to rape that is liable to Tazir but not liable to Hadd. This section gives 10 years of jail and 30 whips to a convict. Section 13 envisages punishment for those involved in selling person for purpose of prostitution. Section 14 deals with those involved in buying person for purpose of prostitution. Both these sections give life imprisonment and 30 whips for a convict.
The Law Ministry did not propose to reduce the punishment but wanted to make the above offences non-cognisable. The apparent purpose was to avoid the misuse of these provisions against women, however, the proposed amendment even bars the police to arrest the male offenders.
According to a source, in its present shape the proposed amendment would prove comic. The source said that the women’s exploitation could be avoided by simply introducing a stringent procedure for the arrest of a woman rape offender.
Section 497 Criminal Procedure Code is also being amended to safeguard the rights of women. The section 497 deals with bail of women. The proposed amendment suggests that women offenders could be released on bail except in offences relating to narcotics, terrorism, robbery, dacoity or murder. This amendment is being made following reports that women prisoners and those held up in police lockups, are exploited by the jail staff and police.
http://jang.com.pk/thenews/index.html
By Ansar Abbasi
ISLAMABAD: The Law Ministry has proposed making rape and selling and buying of persons for prostitution non-cognisable offences thus barring police to arrest the offenders without warrant or court orders.
To safeguard the rights of women, the Law Ministry has also recommended changes in relevant statutes to guarantee that a woman offender is released on bail in all offences except heinous crimes.
Informed sources told The News that at a briefing given to Prime Minister Shaukat Aziz last week, the Law Ministry had sought his approval to a package of amendments to the Pakistan Penal Code (PPC), Criminal Procedure Code (CPC), Civil Procedure Code (CPC) and other laws.
The apparent purpose of these major changes is to reduce undue discretionary powers and remove procedural impediments to facilitate speedy justice to citizens besides addressing women rights organisations’ apprehensions about the misuse of present set of laws.
The prime minister, the sources said, did not straightaway approve the Law Ministry’s recommendations rather directed the authorities to consult other government agencies on these changes in basic statutes.
The sources said the most "comical" amendment proposed is with regard to Section 10, 13 and 14 of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979. The Law Ministry has proposed that the offences under sub-section (2) of section 10 (Zina liable to Tazir) and section 13 and 14 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, may be made non-cognisable. Non-cognisable offences are those offences where the police could not arrest or investigate offender without court warrant of arrest.
Sub-section (2) of section 10 pertains to rape that is liable to Tazir but not liable to Hadd. This section gives 10 years of jail and 30 whips to a convict. Section 13 envisages punishment for those involved in selling person for purpose of prostitution. Section 14 deals with those involved in buying person for purpose of prostitution. Both these sections give life imprisonment and 30 whips for a convict.
The Law Ministry did not propose to reduce the punishment but wanted to make the above offences non-cognisable. The apparent purpose was to avoid the misuse of these provisions against women, however, the proposed amendment even bars the police to arrest the male offenders.
According to a source, in its present shape the proposed amendment would prove comic. The source said that the women’s exploitation could be avoided by simply introducing a stringent procedure for the arrest of a woman rape offender.
Section 497 Criminal Procedure Code is also being amended to safeguard the rights of women. The section 497 deals with bail of women. The proposed amendment suggests that women offenders could be released on bail except in offences relating to narcotics, terrorism, robbery, dacoity or murder. This amendment is being made following reports that women prisoners and those held up in police lockups, are exploited by the jail staff and police.
http://jang.com.pk/thenews/index.html