Aoa, for me women protection bill 2006 is popular for eliminating of the need for 4 eye-witnesses of tazkiyah-ul-shahood for a conviction of a culprit of rape offence. I am a science student so have no technical knowledge of law. hence when i read the bill i found the need of 4 eye-witness still there. what is the improvement for which the bill is hailed? please answer in non-technical words

Hey,

This may be helpful:

The Hudood Ordinances: Offence of Zina (Enforcement of Hadd ) Ordinance, 1979:

Crime (s) under the offence of Zina:
1. Zina. 2. Zina bil jabir(rape). 3. Kidnapping, abducting or inducing women to compel for marriage. 4. Kidnapping or abducting in order to subject person to unnatural lust. 5. Selling person for purpose of prostitution. 6. Buying person for purposes of prostitution. 7. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. 8. Inciting or taking away or detaining with criminal intent a woman.

The Hadd punishments for the aforementioned crimes were:

1. Zina – hadd: 100 lashes for minors and stoning to death for adult married people.

2. Zinabiljabir: same as above
Charged with adultery: If the accused cannot prove rape and she is pregnant.
80 lashes: For falsely accusing someone of rape and is not pregnant.

Taazir Punishments: (Applied in case of lack of evidence or four witnesses for a hadd offence does not absolve the accused of criminal liability.)

1. Taazir punishments for the act of Zina-
rigorous imprisonment for a term extending to 10 years and 30 whipping stripes.

2. Zinabiljabir:
Imprisonment for not less than 4 and not more than 25 years and whipping 30 stripes.
2a. Gang rape punishable with death.

3. Life and 30 stripes. (refer to crime 3)
4. 25 years and fine. (refer to crime 4)
5. Life and 30 stripes. (refer to crime 5)
6. Life and 30 stripes. (for crime 6)
7. Imprisonment extending to 25 years and 30 stripes.(for crime 7)
8. Imprisonment extending to 7 years and 30 stripes (for crime 8).

Under the PWA 2006:
1. Hadd punishment for rape repealed.

2. All offences except for Hadd punishment for zina moved to PPC (Pakistan Penal Code).

3. Made punishment for zina liable to Taazir punishable up to 5 years and made bailable.

4. All sexual acts of penetration against females under 16 years to be considered rape.

5. Marital rape becomes an offence.

6. Complaints of rape cannot be converted into charges of zina.

Source: (Human Rights Commission of Pakistan, State of Human Rights in 2006 qtd. in Study to Assess Implementation Status of Women Protection Act, 2006).

Thus, the achievements for which the bill is hailed is that first of all marital rape became an offence, previously it was not recognized.

Secondly, the hadd punishment for rape no longer applied and a woman could not be charged for adultery if she was unable to prove rape. It's brought under the Pakistan Penal Code and is removed from the Shariah law.

Convictions to be made on the basis of forensic and circumstantial evidence;
Evidence given by the victim and other females is admissible, previously it was not.

Rape would be punishable with 10-25 years of imprisonment or death penalty.

And as you mentioned, the requirement of 4 pious male witnesses was removed under this act.

Source used: Study to Assess Implementation Status of Women Protection Act, 2006: National Commission on the Status of Women (NCSW).

Regards,

Thank u i read both sources. but still theres a confusion. the HRCP report says a rape victim now needs 2 witnesses on page30 while the NCSW report says no need of witness and cirumstanial as well as forensic evidence is enough for conviction on page 3. So, which one to quote?

Hey,

Quote the HRCP report because the Human Rights Commission is a more reliable authority, no offence to the NCSW. I'll read up on this some more also. A good idea would be to check out an article published in a peer reviewed journal such as Jstor on this topic. I'll also be on the look out for one.

Regards,