Draconian Pakistan Rape Laws & Women’s Protection Bill
By Ali Eteraz | Related entries in The WorldThe 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. 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 urgent issue has brought me back from my vacation.
You may know that this has been a contentious issue in Pakistan. I wrote about a prominent religious reformist getting shot in the mouth (link below).
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.
I am setting forth below a link to an op-ed (among others) which will appear in Pakistani press tomorrow. It cogently explains the situation and asks for international support. 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. Brown versus Board of Education was the work of a sustained legal attack by the NAACP starting in the late 20’s. Western NGO’s and Women’s Rights Organizations should be cognizant that the step towards gender equity and equality will not be one long one but will occur over a period of time. 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. Here are some important links. I would be grateful if you could say anything about this situation. Feel free to publish this email, or link to any of the links below or publish them in full on your site. This is real life Muslim reform at work and it needs all the support and encouragement it can get. These are the kind of things that the MSM does not cover for which responsibility falls to bloggers.
Op-Ed appearing later this week in Pakistani press
The Right To Own Women - Longer Article by Sofyan Sultan
Women’s Protection Bill Cheat Sheet
Shooting A Shaykh In The Mouth (About Reformist Cleric Shot)
I can also make a copy of the bill available upon request.
September 9th, 2006 at 9:56 am
As always, the demand for “perfect” is the enemy of progress. And those who have an instant gratification mentality are the allies of those who want no change at all.
September 9th, 2006 at 5:30 pm
Unfortunately, this is another case where “draconian” accurately describes a mandate taken directly from the Koran. Much like the apostasy case in Afghanistan, in order to do what is universally morally right, Muslim governments must completely and utterly reject certain Koranic verses. I guess its easier said than done.
September 10th, 2006 at 12:30 am
This is disgusting! I can not believe a country would allow this type of behavior.
I have no respect for Pakistan anymore. Absolutely none.
September 10th, 2006 at 6:57 pm
All four schools of Sunni sharia jurisprudence, every grand mufti of every major islamic institution, all seven grand ayatollas of the shia’t, dozens of authentic hadiths, and the Koran itself prescribe 4 male witnesses for authentication of a rape charge, as well as beating your insolent wife, corporal punishment (including death) for adultery, polygamy, and tolerance for the rape of slave-women. You are just being “Islamophobic,” Justin.
September 10th, 2006 at 10:18 pm
But its “a religion of peace”.
September 11th, 2006 at 12:15 am
Brian…go away.
September 12th, 2006 at 12:06 am
“You are just being “Islamophobic,â€Â? Justin.”
Injustice veiled as religious doctrine is no less injust or inhuman. Being able to cite a religious text or cultural historical practice gives the argument that “4 male witnesses” are required to ‘prove’ rape absolutely no more validity than saying a black man may not act as a witness against a white.
It’s barbaric no matter what way you slice it, and the faster we can shed these laws wherever they still exist in the world the better.
September 15th, 2006 at 4:17 pm
i am citizen of pakistan and am a first year law student. i would heartfully appreciate if you could send me a copy of the bill to my e-mail adress: themysteriousdarkavenger@hotmail.com
September 15th, 2006 at 4:48 pm
i just went through the hudood ordinance and its section ten reads as folllows:”10. Zina or zina-bil-jabr liable to tazir.
(1) Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd, or for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.
(2) Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which [Click here for amendment]may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine.
(3) Whoever commits zina-bil-jabr liable to tazir shall be punished with imprisonment for a term which [Click here for amendment]shall not be less than four years nor more than twenty-five years and shall also be awarded the punishment of whipping numbering thirty stripes.
(4) When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death. ”
here zina means extramarital sex, while zina bil jabr means rape. tazir means a punishment other than Hadd (a”punishment ordained by the Holy Quran or Sunnah”). this clearly states that in case no four male vitnesses can be brought forward, a “punishment other than that ordained by the Holy Quran or Sunnah” is to be given and the nature of that is described above. the entire act can be read at http://www.pakistani.org/pakistan/legislation/zia_po_1979/ord7_1979.html
November 17th, 2006 at 4:23 pm
I would like a copy of the Women protection bill.
Thank you
November 18th, 2006 at 12:25 pm
Islam is basically a Religion which provide a complete protection to women. This is the only religion in world which intorduced the women protection. Especially Islam gives the equal rights to all humanity. Islam gives the inherent shares of property to woman. Prophet Muhammad (peace and blessings of Allah be upon him) said that the Paradise is in the foots of Mother.
The bill, named as Human Protection Bill 2006 is basically an approach to provide the justice to woman. The human efforts is not beyond the error so may be some thing is not relevant to Islam but main thing is that bill is provide the protection to the woman which is totally an Islamic Thought.
Time will prove the plus and minuses in the bill which can be changed if found not relevant to Islam.
Muhammad Khurram
G.M.
Muneeb Book House
1-Turner Road, Lahore Paksitan
92-0345-411-7690
November 19th, 2006 at 6:02 am
plz anybody can send me original text of new women protection bill, or give me a link, not 1979, i need Nov, 2006. new bill
November 20th, 2006 at 11:40 pm
I would like a copy of the Women protection bill.
Thank you
November 21st, 2006 at 2:53 pm
hi
i have read that you can arrange the copy of this bill
i want it
can you put the link in the website
so that we can download this copy and also mail me the link
waiting for your reply
umar farooq
November 22nd, 2006 at 2:45 am
hi ,i need a copy of bill
November 23rd, 2006 at 1:15 am
HI,
CAN SOMEONE PASTE THE LINK FOR THE TEXT OF NEW WOMEN PROTECTION BILL, PLEASE.
THANKS
November 27th, 2006 at 11:23 am
plz send me the copy of women’s protection Bill. plz send me on my email: engg_kashif@yahoo.com
November 29th, 2006 at 2:22 am
Here is the ext of the Women’s Protection Bill derived from the scanned images posted by Ali Eteraz on http://www.eteraz.org.
http://www.pakistani.org/pakistan/legislation/2006/wpb.html
December 12th, 2006 at 2:34 am
PLEASE SEND ME A COPY OF BILL PLEASE
MY E MAIL ADDRESS AMJED_MAROOF@SHAKER.COM.SA
REGARDS
December 28th, 2006 at 10:42 am
sir,i’d be really pleased if you could send me a copy of this bill at saint_sinner738@yahoo.com
December 28th, 2006 at 11:09 am
i think this bill is nothing more than a bullshit.just imagine ,if a girl is beig raped ;how can she gather four witnesses .for my book;it’s an uphill task for a pakistani woman to gather so much witnesses .here in pakistan ‘peole even dont become witness even for a minute problem;then how would they commit such a great sinn to be a witness for such a big issue.it’s inhuman.totally injustice with pakistani women
January 21st, 2007 at 7:57 am
plzzzzz some one send a copy of this bill.
and told me that bill really against islam?????
send b4 it 25 junuary coz, on 25 junuary my english paper BA part 1. thanksssssssssssssssssss.
February 12th, 2007 at 12:51 pm
I am a student of BA.and we are still unable to understand that what is this(bill).So i am requesting you to send me a copy of this Bill.I have a lot of my other friends also who want to know about this Bill.
i will be very thankful to you
March 1st, 2007 at 12:06 am
The Pakistan Laws on rape are indeed very harsh against women. I do not understand the rationale behind having 4 men as witnesses to the actual offence. What happens in a scenario where the woman finds only 3 men to testify that she was in fact raped. Will she still be charged with adultery. It’s ridiculous, to say the least. This is very unfair and unreasonable and at this day and age, women, particularly Pakistani women should not be discriminated and suppressed by virtue of their sex. I hope the rape laws will be changed. The elements of the offence is very simple and straightforward. If a woman is making an allegation all she needs to do to prove this, is to show evidence that there was penetration and that it was done without her consent. This is the criteria almost everywhere in the world. Let’s hope that the rape laws will change for the better.
May 15th, 2007 at 1:05 am
I am a student of LL-B-part II, i dis agree of this bill because without implementation of basic shfaria in whole the country because this peace of land is specially adopted for excercise of Islamic laws which are totally devine laws. There is no furtfher chance for amendement because all the tazir and panishments are already declared and theire explanation aare already available in the sunnah of the holy prophet (saw). As being muslim we should think with great moralstatus that what we are doing and for which purpose we are doing these all. my openion to all those authorities and the thinkers that we should followed the hoplly quran and sunnah nothing is beyond these two sources of laws.