Changing Rape Laws in Pakistan

Posted on September 10, 2006
Filed Under >Ali Eateraz, Law & Justice, Religion, Women
67 Comments
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Guest Post by Ali Eteraz

The women’s protection bill of Pakistan — which will dramatically alter the rape laws of Pakistan — has a chance of being passed this coming Monday. The bill is an attempt to reform the draconian rape laws of Pakistan from 1979, passed by then dictator Zia ul Haq under the auspices of the religious establishment (part of the hudood ordinance).

The laws require that for a woman to make an allegation of rape she must produce four male witnesses. If she is unable to put forth the witnesses she herself is liable for adultery (and can be imprisoned or put to death for adultery). Absurd. In one case, a blind girl, Safia Bibi, who had been raped was convicted on charges of adultery because she could not identify her attacker.

This has been a contentious issue in Pakistan (see my commentary on it here). I have been in correspondence with individuals who are involved in the Women’s Protection Bill. While on one hand they have had to contend with the religious establishment, they have also ran into opposition by some liberal groups, and international NGO’s like Human Rights Watch, who find the proposed amendments inadequate.

What the reformists are trying to explain, however, is that while total repeal of the bill would be wonderful, politics is a process, and that means taking whatever progress that can be gotten right now. While concerns about the fact that the bill is being pushed through by a dictator (Musharraf) are valid, they are unfair in light of the tremendous abuses that will be alleviated if this bill is passed. In the short term, the reformists — and those backing the bill — need our support. Later, more progress can be made.

In an op-ed that appeared in The Daily Times today (10 September, 2006) Feisal Naqvi points out:

…the response from women’s groups to the proposed Women’s Protection Act has either been hostile or at best, tepid. Instead of supporting the bill, women’s groups have only reiterated their demand for the complete repeal of the Hudood Ordinance. What these groups forget is that politics is the art of ‘the possible’. The Women’s Protection Act may not be perfect but it will certainly bring relief to millions of oppressed women. In any event, the fight for repeal can always be carried on later.

The reformists need to be recognized for the good they have achieved despite the enormous difficulties, and not to be criticized for what they have failed to achieve. The full article by Feisal Naqvi in The Daily Times is worth a read because it clearly explains what the issues are and how they are being dealt with in the new law. It concludes:

If all goes according to the government’s plan, much of what is undesirable in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (to give the law its full name) will be quietly gutted through the proposed Protection of Women’s Act… The proposed law marks the absolute limit of what is possible in terms of today’s political climate. More importantly, the Protection of Women’s Act is not a whitewash job: instead, it addresses and fixes the major sources of women’s oppression under the Hudood Ordinance.

The best thing to do right now is to support the efforts of the reformists and later carry their torch further. It would be a terrible tragedy if after decades of efforts the amendments were tabled due to inadequate support by progressives. Well intentioned people around the world need to express their support. (For more see: ‘The Right To Own Women’ and Women’s Protection Bill Cheat Sheet). [Also see earlier ATP Poll on related issue].

Ali Eteraz describes himself as “a continental philosopher, essayist, novelist, student of Islamic arts, philosophy, jurisprudence and a practitioner of global nomadism” and blogs under this pseudonym at Eteraz, where you will find much on this and related subjects.

67 responses to “Changing Rape Laws in Pakistan”

  1. also visit this related link. here you will find copy of orignal old 79 Hudood law and updated links.

  2. MQ says:

    [quote]
    “To all, i suggest that b4 jumping into any kind of [discussion]… First read your Religion’s Holy Book “Quran” and the proved Ahadith…” [/quote]

    Sobia Sahibah,

    Since you have studied deeply before reaching the conclusions that you have reached, could you please briefly tell us:

    1. what is the punishment prescribed for rape in the Holy Book?

    2. What is the definition of “proved” Ahadith?

    Thanks

  3. Sobia Sahiba, I agree with you but accept me as a “khata ka putla” and I am always open to learn things. I will keep your advice in mind and will try my best to apply it in future. Thanks.

    Sobia, the old bill is being rejected by those ONLY who are willing for a Godless state. there are people who are fan of Musharraf and considers his words 100 authentic[I used to be a Musharraf fan till 2003 and I tried my best not to miss a single speech by him. By the way his speech at breakfast during Agra Summit is still one of my favorite speech/address/statment] but when I tried to explain the real game behind it then also got convinced so basically people who do consider Quran and Hadeeth superior than man made laws are not accepting new law as an “Islamic law”. New law has given freedom to rapist as there is no law to prove him guilty according to Islamic source and if the rapist is powerful source[which is very common in Pakistan] then he can save himself easily and raped woman will have no other choice other than commit sucide or get enough courage like Mukhtaran mai to fight against evils.

  4. Sobia says:

    I didn’t know about Hudood Ordinence much.. I listened to Mush’s speach about it on TV and was quite convinced and happy that ok thats good for women… then accidently i reached this page and started reading from the start till end… and visited each link provided… and did some googlin etc… i have changed my mind and can v easily and simply understand what Adnan is trying to prove, not by just following him, but by figuring it out for my self, using my own brain and the literature,facts n figures available…

    Adnan i think that u r sometimes using a lil harsh language.. plz be polite… i really hope that some of these girls and guys who have opposite views as to that of urs.. are thinking on these lines not becoz they r bad but becoz they have not understood it properly… they just need time and will inshaAllah understand if they r guided properly by someone and they themselves r willing to search for the truth and read and understand Quran and all other literature….

    To all, i suggest that b4 jumping into any religious/non religious/social/political or any kind of matters… First read your Religion’s Holy Book “Quran” and the proved Ahadith and try to understand them and make ur own opinions and beliefs b4 u start listening and understanding from other people’s knowledge/debates/researches etc….. (other people include politicians/molvis/researchers/parents/teachers/ge neral people)…..becoz that will help u v much in reaching the truth on ur own & there wont be a chance of getting ur self miss-guided… & then everything will be crystal clear infront of ur eyes as i think is for Adnan…

    I’m not claiming that whatever i say here is the last word and is the only truth… I’ve said according to my knowledge and understanding…

    God Bless us and our country Pakistan… Byes

  5. Adnan Siddiqi says:

    [quote post=”297″]dollars for jihad[/quote]

    The fact of the matter is that dollar jihad is being run by moronic memmbers “Pak”istan army and they had done in past as well. See how they are selling people to US who were saviors in past as well. Thankless souls at one side feed their families by selling talibans to usa and on other hand abuse them.

    [quote post=”297”]women’s bill has placed a foot on someone’s tail.[/quote]

    The bill has no value. I already quoted what musharraf thinks about women. As many said that WPB is nothing but a political twist and has NO sincerity with women but since you are a blind follower so it’s hard for you to grasp it. All is need for you to carry on trolling and it’s fun to hear your *reactions*

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