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-   -   Women Protection Bill(WPB),A Reform or just a stone in stagnant water!!! (http://www.cssforum.com.pk/general/discussion/6177-women-protection-bill-wpb-reform-just-stone-stagnant-water.html)

Najabat Wednesday, November 15, 2006 12:58 PM
Today hotly debated Women Protection Bill is launching in the National Assembly, with a lot of anticipated disturbance from opposition Giants. Well I hereby describe what Women Protection Bill is all about and what’s the food for thought it contains.:thinking

Women’s Protection Act does five main things:

[B]1) Zina Ordinance limited to cover only hadd punishments, not tazir (i.e. that under man-made law punishments) [/B]

i.e. Hudood Ordinance will no longer provide any tazir punishment for fornication

if a person cannot meet evidentiary requirements of hadd punishment (i.e. four eyewitnesses) then accused will be set free

[B]2) Zina Ordinance limited to exclude all those punishments not specified in the Quran itself [/B]

i.e. no punishment in Quran specified for crime of rape

rape therefore now defined as a crime under Pakistan Penal Code (just like murder and theft)

[B]3) All crimes whose punishment is not specified by the Quran itself now covered by the Pakistan Penal Code [/B]

Means these crimes can be tried under the normal criminal laws, subject to normal rules of procedure and evidence

[B]4)Procedural safeguards introduced to protect women [/B]

In order to lodge complaint, complainant must take four eye-witnesses to a sessions judge

Judge must ensure that witnesses meet Islamic standards of moral probity

If Judge believes that prima facie case is made out, then he issues a summons (not a warrant)

If Judge does not believe the complainant, then the complainant and all four alleged witnesses can be punished with a sentence of 80 lashes for making a false accusation of zina

The term confession has now been defined to mean an actual confession in court before a judge a

[B]5) Zina defined as a “bailable” crime [/B]

Bailable means bailable as of right

In practical terms, unless convicted, no woman will spend time in jail on zina charges

[B]What the Bill does not do[/B]

• The Bill does not change the hadd punishment for Zina
• The Bill does not change the hadd punishment for any Qazf
• The Bill does not change the Quranic punishment for any crime

It is common ground between religious scholars from all schools that there is no punishment specified in the Quran for rape
Thus, the only punishment for rape is tazir punishment (i.e. that under man-made law)
The urdu translation of the Pakistan Penal Code is “taziraat e Pakistan”
“Tazir” is a generic word, not a word specific to Islamic law

[B]Why are some groups not supporting the Bill[/B]

1) Some groups want a complete repeal and nothing less
Politics is the art of the possible
Liberals cannot be so blind as to oppose a bill just because it is not perfect.

2) Some groups don’t want to support anything done by a military dictator
What counts are the lives of those ordinary people which will otherwise be ruined by the corrupt administration of a deeply flawed law?

3) Some groups see their power base disappearing
The mullahs thrive on fear and fanaticism.

[B] Why are some groups supporting the Bill[/B]

1) Some groups claims that WPB is not in complete agreement will Hadood-ul-Allah.
Fornication (zina) was defined as a bailable crime.It should be reviewed as if bailable thenahd be some check on the accused.
2) The bill will lead to widespread immorality or indecency.:thinking
Just a perception of fanaticism.


********************************************************************************************************************


Well I wana take forum's members perceptions about Women Protection Bill accepted by our honorable Parliment last day.The questions are:
[B]
1) Do you think Women Protection Bill really protects women rights or a first step in shaping rights for Women in Pakistan?

2) Do you think its according to Islam by dividing Zina punishments into two categories?

3) Does Hadood Ordinance need Repeal as demanded by PPPP(Seem bit secular think tank.)?

4) Does new introduced punishment for Fornication will lead to widespread immorality or indecency?[/B]

Best Regards

sonojeee1@yahoo.com Thursday, November 16, 2006 10:30 AM
It is proven fact that think any thing which is contradictory to techigs of Islam (Complete Code of Life) is totally wrong.
So all those new clauses included in this women protection bill which are not inconformance with Islam are useless.
they will spoil the society rather than making it better.

Desert Fox Thursday, November 16, 2006 12:36 PM
The issue has deeply divided the Nation and it will continue to divide the Nation. It will create polarization amongst the politician as well as amongst the intellectuals. The common man, which do't fall in Nation will never take interest in it. They wont even be able to understand it even they bring 1000 amendments in it.
I dont know why they make constitution in flowery terms. I think all the legistlation should be in simplified words so that a layman can easily understand it. The constitution is written in a way so that professionals, politicians and clergy can enjoy reading it and only they could understand and debate it.

Najabat Thursday, November 16, 2006 02:12 PM
[QUOTE=Desert Fox]The issue has deeply divided the Nation and it will continue to divide the Nation. It will create polarization amongst the politician as well as amongst the intellectuals. The common man, which do't fall in Nation will never take interest in it. They wont even be able to understand it even they bring 1000 amendments in it.
I dont know why they make constitution in flowery terms. I think all the legistlation should be in simplified words so that a layman can easily understand it. The constitution is written in a way so that professionals, politicians and clergy can enjoy reading it and only they could understand and debate it.[/QUOTE]

Honorable forum fellow,I respect ur views as they are outcome of some thinking effort.But dear friend one thing i like to add or mention here is that Political issues like such of Women rights is not focused on polarization but its presented in Parliment to have a consensus on this very issue.Well its the essence of Democracy.So we should favor this timely isolation on Parties Point of view.Since every elected person should have right to present his point of view on logical Grounds.As Far as as common man is concerned i know he/she has no direct interaction on it.But keep in mind friend most of the cases registered of voilence are against common people of our country.The thing is to educate people to fight for their rights.But i harshly said here as a Muslim and Pakistani that we as anation do not follow a law that is not in accordance with Islam.Actually women are being deprived of their rights due to Mullahism and Feudalism.But its time to turn the tables on Feudal lords to give women their deprived rights as described in Islam.Wanni and similar customs should be removed through law enforcement agencies and true legislation.
[B]Shayad kay teray dil may uttar jayay meri baat[/B]

fatima3k Thursday, November 16, 2006 06:57 PM
Clause of Hadood Laws
 
AOA

i have read in newpapers that Zina-bil-jabr has been moved from Hadood laws to PPC.Similarly,a new clause of Lewdness(Zina -bil.raza)has been created in PPC.i want to know [B]what has become of Zina -bil.raza clause of Hadood Law.Either it stays , r has been deleted?[/B]

Waseemtabish Thursday, November 16, 2006 07:12 PM
it is not in Pakistan Penal Code i think it is removed Fatima

fatima3k Thursday, November 16, 2006 07:20 PM
ASA

Here is the text Hudood Laws of1979.Kindly tell me what has been changed in this ordinance:

The Offence of Zina (Enforcement Of Hudood) Ordinance, 1979.

An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina.

WHEREAS it is necessary to modify the existing law relating to zina so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. l of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-




Chapter I
PRELIMINARY
1. Short title, extent and commencement
(1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.


2. Definitions
In this Ordinance, unless there is anything repugnant in the subject of context: (a) "adult" means a person who has attained, being a male, the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty;
(b) "hadd" means punishment ordained by the Holy Quran or Sunnah;
(c) "marriage" means marriage which is not void according to the personal law or the parties, and "married" shall be construed accordingly;
(d) "Muhsan" means (i) a Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult woman who, at the time he had sexual intercourse with her, was married to him and was not insane; or
(ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who, at the time she had sexual intercourse with him, was married to her and was not insane;
and
(e) "tazir" means any punishment other than "hadd", and all other terms and expressions not defined in this Ordinance shall have the same meaning as the Pakistan Penal Code, or the Code of Criminal Procedure, 1898.


3. Oridnance to override other Laws.
The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.

4. Zina
A man and a woman are said to commit 'Zina' if they wilfully have sexual intercourse without being validly married to each other.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.

5. Zina liable to hadd.
(1) Zina is zina liable to hadd if- (a) it is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be married; or
(b) it is committed by a woman who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be, married.


(2) Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, - (a) if he or she is a muhsan, be stoned to death at a public place; or
(b) if he or she is not muhsan, be punished, at a public place; with whipping numbering one hundred stripes.


(3) No punishment under sub-section (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.


6. Zina bil Jabr
(1) A person is said to commit zina-bil-jabrif he or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:- (a) against the will of the victim;
(b) without the consent of the victim;
(c) with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt; or
(d) with the consent of the victim , when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to who the victim is or believes herself or himself to be validly married.

Explanation: Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr.

(2) Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section (1) of section 5.

(3) Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, - (a) if he or she is a muhsan, be stoned to death at a public place; or
(b) if he or she is not muhsan, be punished with whipping numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regard to the circumstances of the case.


(4) No punishment under sub-section (3) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping until it is comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment.


7. Punishment for Zina or zina-bil-jabr where convit is not an adult.
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes:
Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment.

8. Proof of zina or zina-bil-jabr liable to hadd.
Proof of zina-bil-jabr liable to hadd shall be in one of the following forms, namely:- (a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-widnesses of the act of penetration necessary to the offence:
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.


9. Case in which hadd shall not be enforced
(1) In a case in which the offence of zina or zina-bil-jabr is proved only by the confession of the convict, hadd, or such part of it as is yet to be enforced, shall not be enforced if the convict retracts his confession before the hadd or such part is enforced.

(2) In a case in which the offence of zina or zina-bil-jabr is proved only by testimony, hadd or such part of it as is yet to be enforced, shall not be enforced if any witness resiles from his testimony before hadd or such part is enforced, so as to reduce the number of eye-witnesses to less than four.

(3) In the case mentioned in sub-section (1), the Court may order retrial.

(4) In the case mentioned in sub-section (2), the Court may award tazir on the basis of the evidence on record.


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.


11. Kidnapping, abducitng or inducing women to compel for marriage etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with another person shall also be punishable as aforesaid.

12. Kidnapping or abducting in order to subject person to unnatural lust.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural list of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shal also be awarded the punishment of whipping not exceeding thirty stripes.

13. Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Explanations: (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 14 "illicit intercourse" means sexual inter-course between persons not united by marriage.


14. Buying a person for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains posession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.

15. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine.

16. Enticing or taking away or detaining with criminal intent a woman
Whoever takes or entices away any woman with intent that she may have illicit inter-course with any person, or conceals or detains with intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.

17. Mode of execution of punishment of stoning to death
The punishment of stoning to death awarded under section 5 or section 6 shall be executed in the following manner, namely :-
Such of the witnesses who deposed against the convict as may be available shall start stoning him and, while stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be stopped.

18. Punishment for attempting to commit an offence
Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such atttempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.

19. Application of certain provisions of Pakistan Penal Code, and amendment.
(1) Unless otherwise expressly provided in this Ordinance, the provisions of sections 34 to 38 of Chapter II, sections 63 to 72 of Chapter III and Chapters V and VA or the Pakistan Penal Code shall apply, mutatis mutandis, in respect of offences under this Ordinance.

(2) Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.

(3) In the Pakistan Penal Code, - (a) section 366, section 372, section 373, section 375 and section 376 of Chapter XVI and section 493, section 497 of Chapter XX shall stand repealed; and
(b) in section 367, the words and comma "or to the unnatural lust of any person," shall be omitted.



20. Application of Code of Criminal Procedure 1898 and amendment
(1) The provisions of the Code of Criminal Procedure, 1898, hereafter in this section referred to as the Code, shall apply, mutatis mutandis in respect of cases under this Ordinance:
Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor, be convicted and punished for that offence[Click here for amendment]. :
Provided further that an offence punishable under this Ordinance shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an order the Court of Session shall lie to the Federal Shariat Court:
Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed.

(2) The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandis, to confirmation of sentences under this Ordinance.

(3) The provisions of section 198, section 199, section 199A or section 199B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance.

(4) The provision of sub-section (3) of section 391 or section 393 of the Code shall not apploy in respece of the punishment of whipping awarded under this Ordinance.

(5) The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.

(6) In the Code, section 561 shall stand repealed.


21. Presiding Officer of Court to be Muslim.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim:
Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim.

22. Saving
Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement.

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jsmawais Thursday, November 23, 2006 11:05 PM
Wa alaikum as salam!

I had been ill for a long time & I am extremely busy. So, couldn't find any time for forums. But, I took out sometime for the bill issue as I can't swallow the immense fooling of ordinary ppl by the media. The bill is being presented as a "win of women" or a "sigh of relief from some torment". I will unveil the real picture if I find enough time.

[b]Tonnes of misconceptions are found in the minds of 90% of the public, about the hudood ordinance.[/b] I recommend reading my article [i]Lies & Distortions by Geo TV about Hudood Ordinance[/i]: [url="http://jsmawais.googlepages.com/Lies.htm"]Read Online[/url] or [url="http://jsmawais.googlepages.com/Lies.zip"]Download[/url]

For now, read the views of Justice (R) Mufti Muhammad Taqi Usmani about the (so-called) [i]"protection of women"[/i] bill:-

[IMG]http://www.hudoodordinance.com/images/p2.gif[/IMG]
[IMG]http://www.hudoodordinance.com/images/p3.gif[/IMG]
[IMG]http://www.hudoodordinance.com/images/p4.gif[/IMG]
[IMG]http://www.hudoodordinance.com/images/p5.gif[/IMG]
[IMG]http://www.hudoodordinance.com/images/p6.gif[/IMG]
[IMG]http://www.hudoodordinance.com/images/p7.gif[/IMG]

********************************************************************************************************************

[b][color=blue]Note:[/color] Mufti Taqi Usmani's recommendation (1) on the last page of his article is already present in law.[/b] Gen. President Musharraf himself had promulgated the [i]Law Reforms Order, 2006[/i] earlier this year which added Section 156-B to the CrPC. This section enshrines that no person can be arrested for zina unless a non-bailable arrest warrant has been issued by an authorized court of magistrate. Furthermore, zina cases can only be investigated by police officers higher or equal in rank to an SP. [b]Thus this point was no ground for passing a new bill or changing laws.[/b]

Khyber Thursday, November 23, 2006 11:59 PM
Dear Jsmawais Wrora, very nicely and vividly enunciated.

[B]Do you think that this bill is another form of "Legalized Prostitution" which protects only those women whose profession is prostitution and this bill has to do nothing with protection of rights of those women who are more pious in their conduct" ??? [/B]

looking forward to receving your prompt reply.

Kind Regards,
Khyber

Najabat Friday, November 24, 2006 11:00 AM
@jsmawais
Very well done Dear fellow,its really a superb piece of sharing for uncovering realities about WPB.Thanx for sharing with us.I already described that its totally a flaw of WPB to divide the domain of Zina under lights of Islamic shariah.Furthermore one thing that is an issue is that The laws from 1979 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 according to last Hadood Ordinance).This imprisonment is nothing to do with Islam so WPB favor this point by eradicating imprisonment in such scenario.Here i quote real example of a blind girl, Safia Bibi, who had been raped was convicted on charges of adultery because she could not identify her attacker.Totally insane.But overall the article u relate is very factual and on ground based realities.

@Khyber
Well dear forum member,i don't think so that WPB is another form of Legalized Prostitution. Actually lewdness has to be eradicated not should be publicized.We have many examples of police terrorism on women for wrong lewdness claims.Anyone can blame a women just for sake of his personal interest,like property issue,self reliance issue and many more.Specially in rural backward areas where police is controlled by feudals many a women suffering wrong blames and and are under custody according to previous described Laws:-|...

jsmawais Friday, November 24, 2006 12:57 PM
Short of time
 
Bunch of thanks to both of you for your precious comments.

@Najabat
Brother! I found a few misconceptions in your mind about old hudood ordinance. If I find time, I will answer them personally. For now, I can only say that [b]please take a few minutes and just read the first few pages of another article which I wrote: [url="http://jsmawais.googlepages.com/Lies.zip"][i]Lies & Distortions by Geo TV about Hudood Ordinance[/i][/url][/b]. You just read the first few points; I'm sure you will surprised alot. (Keep in mind that the article was written prior to the passing of the new bill.)

@Khyber
I still don't know you! Please tell your name & reveal your identity. It has been so long now! :)

Best regards,
Abdul Rehman.

fatima3k Friday, November 24, 2006 02:12 PM
ASA

If any one is interested in reading former Hudood Laws, may visit the link

[url]http://pakistani.org/pakistan/legislation/zia_po_1979/ord7_1979.html[/url]

jsmawais Saturday, November 25, 2006 11:17 PM
Wa alaikum as salam!

[QUOTE=fatima3k]If any one is interested in reading former Hudood Laws, may visit the link

[url]http://pakistani.org/pakistan/legisl...ord7_1979.html[/url][/QUOTE]
Thanks for the link. I have read it before. There are a few more versions of the text of the old ordinance, which I found to differ slightly in few cases, a bit too much in other cases. The most accurate text of the ordinance which I found, I have uploaded it on my website: [url="http://jsmawais.googlepages.com/Zina_Ordinance.htm"]Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)[/url] and [url="http://jsmawais.googlepages.com/Qazf_Ordinance.htm"]Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)[/url]

[QUOTE=Najabat][b]Furthermore one thing that is an issue is that The laws from 1979 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 according to last Hadood Ordinance).[/b] This imprisonment is nothing to do with Islam so WPB favor this point by eradicating imprisonment in such scenario.Here i quote real example of a blind girl, Safia Bibi, who had been raped was convicted on charges of adultery because she could not identify her attacker.Totally insane.But overall the article u relate is very factual and on ground based realities.[/QUOTE]
For the later part of your quote, I would suggest reading my up-coming FAQ on the WPB.
For the earlier (bolded out) part, I would like to tell you something really hot pal. In an earlier thread on the Hudood Ordinance, on page 5, in post #47, I wrote the following:-

[size=4][b]Please read the text of the original [url="http://jsmawais.googlepages.com/Zina_Ordinance.htm"]Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)[/url] It has 22 sections. If anyone can prove from the text of the Ordinance that [i]a rapist can't be punished without four witnesses[/i] or that [i]allegation of rape is considered confession under the Ordinance[/i], then [color=blue]I Shall reward him up to hundred thousand rupees.

![/size][/b] ;)

[QUOTE=Najabat][QUOTE=Khyber]Do you think that this bill is another form of "Legalized Prostitution" which protects only those women whose profession is prostitution and this bill has to do nothing with protection of rights of those women who are more pious in their conduct" ???[/QUOTE]Well dear forum member,i don't think so that WPB is another form of Legalized Prostitution. Actually lewdness has to be eradicated not should be publicized.We have many examples of police terrorism on women for wrong lewdness claims.Anyone can blame a women just for sake of his personal interest,like property issue,self reliance issue and many more.Specially in rural backward areas where police is controlled by feudals many a women suffering wrong blames and and are under custody according to previous described Laws[/QUOTE]
Both of you will get the true & real answers to your question very soon (Insha Allah). I decided to bake up a small FAQ about the WPB and post it here ASAP. My DSL account will expire soon, so, I may not be available for a few days.

Best regards,
Abdul Rehman.

KhayaL Sunday, November 26, 2006 02:29 PM
[B]Main sirf itna kahoon ga key yea Hudood Law na Islami hai or na Awami....ess sey kesi Auraat ko koi Faeyda hasil nahi hooga... Sochney ki baat yea hai key unn Aurootoon key liye koi Bill kabh manzoor hoo ga jo apney Bachoon ko bhookha sula deti hain....[/B]

trotsky59 Monday, November 27, 2006 12:53 AM
I totally agree with MR KHAYAL that WPB is totally a non issue.in semi fuedal and semi capitalists societies like Pakistan women is considered as a private property of man.until we do not get rid of fuedalism,chudhrism and waderaism women could not be emancipated.In Pakistan , laws are made to protect upper classes.what about the other basic rights of the citizens of pakistan has Pakistani state solved any of the problems of its masses??my dear friends these laws do not apply on poor women of this state so it is useless to discuss on WPB.if the rulers are fighting for this non issue let them fight becauce the want to achieve thier own ends.duty of ours the masses and opreesed class is to fight against injustice and ruling class.

jsmawais Thursday, November 30, 2006 10:57 PM
WPB: Protection of women? A dialog with a lay-man...
 
Before presenting my FAQ on the WPB, I would like to say something to my 2 new friends.

@KhayaL & @trotsky59
You & others would have been justified if I had started discussing this issue myself. This is not so; the debate was heated by the Jang group. They propagated lies at such a huge scale that I could hear these lies from every second person of the state. In this atmosphere, I could not find even a few dozen people who worked to remove these misconceptions. In such an environment, I decided to stand up & clarify to the people & to take them out of deception. The status of the public at this time is so bad that [B]the president of the state, even lied during his address to the whole nation!!!!![/B]
And my dear, you two are also infected by the same disease.
[quote=KhayaL]Main sirf itna kahoon ga key yea Hudood Law [B]na Islami hai[/B] or na Awami[/quote]
So, I will keep on clarifying these misconceptions and I don't care whether I succeed in changing other people's views or not. I just try to do my duty. :)

[B][SIZE=5]FAQ ABOUT THE WPB[/SIZE]
[SIZE=3]COME AND KNOW WHAT THE WOMEN PROTECTION BILL IS ALL ABOUT !!!
A FAQ IN THE FORM OF A DIALOGUE WITH A COMMON PERSON...[/SIZE][/B]

[B]Person:[/B] The WPB has been finally passed! Women have finally been provided relief!
[B]Abdul Rehman:[/B] The [I]Criminal Law Amendment (Protection of Women) Act, 2006[/I] has been passed by the NA & Senate. What relief has been brought to women?

[B]Person:[/B] The WPB has finally provided relief to women. Previously, women had to produce four witnesses for proving rape or the rapist will be left scot-free.
[B]Abdul Rehman:[/B] This is not true pal! You have been fooled. The President of the state had also reiterated the same lie during his address. There were two types of punishments in the old ordinance:
(i) [B]Hadd:[/B] A punishment fixed by the Quran and Sunnah. This is awarded only in the most stringent circumstances, when certain conditions are fulfilled, as a deterrent.
(ii) [B]Tazir:[/B] A punishment awarded when the conditions required for hadd are not fulfilled, but, the crime stands proved beyond doubt on the basis of any form of evidence.
If you don't believe me, look at Section 10 of the old [I][URL="http://jsmawais.googlepages.com/Zina_Ordinance.htm"]Offence of Zina (Enforcement of Hudood) Ordinance, 1979[/URL][/I] yourself:-
[quote][B]10. Zina or zina-bil-Jabr liable to tazir.[/B]
(1) Subject to the provisions of section 7, whoever commits [I]zina[/I] or [I]zina-bil-jabr[/I] which is not liable to [I]hadd[/I], or [U]for which proof in either of the forms mentioned in section 8 is not available[/U] and the punishment of [I]qazf liable to hadd[/I] has not been awarded to the complainant, or for which [I]hadd[/I] may not be enforced under this Ordinance, shall be liable to tazir.
(2) Whoever commits [I]zina[/I] liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine.
(3) Whoever commits [I]zina-bil-jabr[/I] liable to tazir shall be punished with imprisonment for a term which shall be twenty-five years and shall also be awarded the punishment of whipping numbering thirty stripes.[/quote]Section 10(1) states that when proof in either of the forms mentioned in Section 8 (i.e. neither voluntary confession nor four Shar'ai witnesses) are available, but, the crime stands proved beyond doubt from any other source like MLR, etc. then the punishment of tazir can be awarded.
If you still don't believe it, take a look at the following judgments of the Federal Shariat Court:-

[B][I]Gulsher etc. vs. The State[/I] (2004 SD 159)[/B]
[I]MR. JUSTICE S.A. MANAN[/I]
[COLOR=blue][B]Sole testimony of victim of zina would be sufficient to prove zina case against accused when defence was not able to shatter the veracity of victim’s statement.[/B][/COLOR]
[[I]Annual Report of the FSC, 2003[/I], p.24]
[B][I](It should be noted that no witnesses were available in the above case.)[/I][/B]

[B][I]Muhammad Zafar Naeem vs. The State[/I] (2004 SD 352)[/B]
[I]MR. JUSTICE ZAFAR PASHA CHAUDHARY[/I]
[B]Statement of victim of zina-bil-jabr who is a young girl of 11/12 years which is confidence inspiring would be sufficient for recording conviction/sentence under S.10 (3).[/B] Omission to produce shalwar, qameez and dopatta of victim of zina-bil-jabr would not be fatal to prosecution case under S.10 (3), which cannot be thrown away for such omission by prosecution.
[[I]Annual Report of the FSC, 2003[/I], p.24]
[I](It should be noted that no witnesses were available in the above case.)[/I]

[B][I]Shabbir alias Kakku & other vs. The State[/I] (SBLR 2004 FSC 35)[/B]
[I]MR. JUSTICE SAEED-UR-REHMAN FARRUKH[/I]
[B][COLOR=blue]It is well-settled that conviction can be based, in rape case, on the solitary statement of the victim if the same is found truthful and confidence inspiring.[/COLOR][/B]
[[I]Annual Report of the FSC, 2003[/I], p.24]
[I](It should be noted that no witnesses were available in the above case.)[/I]

[B][I]Muhammad Ashraf vs. The State[/I] (NLR 1997 SLD 1)[/B]
[I]MR. JUSTICE KHALIL-UR-REHMAN[/I]
[B]Zina-bil-jabr by father with his daughter:-[/B]
Conviction of father for committing zina-bil-jabr with his teen-aged daughter; defence plea that he was substituted for real culprit, could not be accepted in circumstances of case. Conviction of the appellant u/s 10(3) of the Offence of Zina (E.O.H.) Ordinance and sentence of 25 years R.I. (rigorous imprisonment) awarded was proper to meet the ends of justice.
[[I]Annual Report of the FSC, 2002[/I], p.57]
[I](It should be noted that no witnesses were available in the above case.)[/I]

(For a more detailed discussion, see my article [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Lies & Distortions by Geo TV about Hudood Ordinance[/I][/URL].)

[B]Person:[/B] I have heard of tazir, but, I have got a bit confused. Actually, tazir has just gone behind the curtains, due to the repetition of the above lie, over and over again, in the media.
[B]Abdul Rehman:[/B] Yes, you are absolutely right.

[B]Person:[/B] But, under hudood ordinance, no difference has been made between zina and zina-bil-jabr.
[B]Abdul Rehman:[/B] This is again wrong. There are many differences between zina and zina-bil-jabr in the original ordinance. Here is a summary of the differences:-
[B](1) Definition[/B]
[U]Zina[/U]: Intercourse with will as well as consent & without any deceitful belief, etc.
[U]Zina-bil-Jabr[/U]: Intercourse without will or consent or by inducing deceitful belief, etc.

[B](2) Criminal Responsibility[/B]
[U]Zina[/U]: Definition reads: “A man and woman [B]are[/B]...” which shows that both are criminals.
[U]Zina-bil-Jabr[/U]: Definition reads: “A person [B]is[/B]...” which shows that only the rapist is a criminal.

[B](3) Tazir[/B]
[U]Zina[/U]: 7 years imprisonment & 30 stripes
[U]Zina-bil-Jabr[/U]: For gang rape, death penalty; for ordinary rape, 25 years imprisonment & 30 stripes; for kidnapping, life imprisonment, etc.

[B](4) Hadd for non-Muhsan criminals[/B]
[U]Zina[/U]: Whipping numbering hundred stripes
[U]Zina-bil-Jabr[/U]: Whipping numbering 100 stripes alongwith any punishment including death penalty

The only thing common between the two is the punishment of Rajm for Muhsan criminals and the proof required for proving the crime, and these things are common between the two, only because God himself has decided so! (Not the ordinance!)

(For a more detailed discussion, see my article [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Lies & Distortions by Geo TV about Hudood Ordinance[/I][/URL].)

[B]Person:[/B] Oh... I see... But again, under hudood ordinance, a woman who accusses rapist, will get subjected to qazf if she can't bring four witnesses.
[B]Abdul Rehman:[/B] No, my friend. You have been fooled again. The word "qazf" is defined in Section 3 of the [I][URL="http://jsmawais.googlepages.com/Qazf_Ordinance.htm"]Offence of Qazf (Enforcement of Hudood) Ordinance, 1979[/URL][/I]. In the whole section, the word "zina" has been used, not zina-bil-jabr. The only case where qazf will be awarded for zina-bil-jabr is when the accusation is [I]proved to be false[/I].
[quote](c) according to the finding of the Court, a complainant has made a false accusation of ‘zina-bil-jabr’.[/quote]When a complaint of rape is filed, it will either be proved to be true or it will be proved to be false. Sometimes, either the complaint is neither proved true nor false. This is due to lack or loss of evidence. In this case, the woman is not punished for complaining zina-bil-jabr. She is only punished if the court found out that the accusation was a white lie e.g. intercourse did not occur at all.

[B]Person:[/B] But, previously, if women reported rape, it was taken as a confession of adultery. Without four witnesses, rape case would be converted to adultery. This has been reformed in the WPB.
[B]Abdul Rehman:[/B] This is totally incorrect. Under hudood ordinance, allegation was not taken as confession. Take a look at Section 8 of the old ordinance for yourself:
[quote][B]Proof of [I]zina[/I] or [I]zina-bil-jabr[/I] liable to hadd[/B]
Proof of [I]zina-bil-jabr[/I] liable to [I]hadd[/I] shall be in one of the following forms, namely:-
(a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence;[/quote]Furthermore, take a look at Section 9(1), which states the following:
[quote][B]9. Case in which hadd shall not be enforced[/B]
(1) In a case in which the offence of [I]zina[/I] or [I]zina-bil-jabr[/I] is proved only by the confession of the convict, [I]hadd[/I], or such part of it as is yet to be enforced, shall not be enforced if the convict retracts his confession before the [I]hadd[/I] or such part is enforced.[/quote]This is sufficient for a sane guy to understand that the hudood ordinance in unequivocal terms, excludes allegation from confession. In fact, there is nothing more meaningless & illogical than to consider allegation or pregnancy as rape. How can someone 'retract confession' if the confession is an allegation or pregnancy???
Furthermore, the following judgments prove that allegation or pregnancy was never taken to mean "confession."

[B][I]Mst. Safia Bibi vs. The State[/I] (PLD 1985 FSC 120)[/B]
[I]MR. JUSTICE SH. AFTAB HUSSAIN[/I]
[B]Status of self-exculpatory statement in zina-bil-jabr:-[/B]
Zina was committed with a blind girl and she was convicted by trial court. She gave birth to an illegitimate child. The Court held that: “In the present case, it is clear that except the self-exculpatory statement of the girl and the statement of her father, who also maintained that she had been subjected to zina-bil-jabr, there is no other evidence. [COLOR=blue][B]In Shariah, if a girl makes a statement as made in the present case, she cannot be convicted of Zina.”[/B][/COLOR]
[[I]Annual Report of the FSC, 2002[/I], p.49]

[B][I]Mst. Bakhan vs. The State[/I] (PLD 1986 FSC 274)[/B]
[I]MR. JUSTICE GUL MUHAMMAD KHAN[/I]
1. Principle for recording of confession in cases of offence of zina.
2. Four times confession is necessary for a proof of offence of zina.
3. A plea of guilty is not a confession. Ultimate aim of Islamic law is correction and reformation & heavy punishment is provided only for incorrigible cases. Appeal accepted.
[[I]Annual Report of the FSC, 2002[/I], p.49]

[B]Person:[/B] Okay... But, what about cases like Zafran Bibi case where court convicted her for adultery, only because she did not had witnesses to support rape? The WPB has added a clear-cut provision explaining that confession does not mean allegation, but, an actual confession.
[B]Abdul Rehman:[/B] I had quoted the text of a judgment, just a minute ago i.e. [I]Safia Bibi vs. The State[/I] (PLD 1985 FSC 120). In this judgment, it was cleared up by the FSC that even if no evidence is available for rape than the self-exculpatory statement of the victim, then she cannot be convicted of adultery. This judgment was of 1985.
The Zafran Bibi case was of 2002, where she was convicted by trial court, but even then, the FSC had reversed the judgment & acquitted her.

[B][I]Mst. Zafran Bibi vs. The State[/I] (PLD 2002 FSC 1)[/B]
[I]MR. JUSTICE DR. FIDA MUHAMMAD KHAN[/I]
Pregnancy and subsequent birth of a child by the accused lady whose husband had been convicted about nine years before in a murder case, and confined in jail; imprisoned husband had submitted an affidavit and made statement on oath, before this Court (FSC) wherein [I]inter alia[/I], he owned legitimacy of the child born during trial. Such being a highly pertinent aspect of the whole case it was certainly noticeable that who else could better testify and be a better judge of the pregnancy/legitimacy of a child of a married lady than that of her husband. Accused lady also confirmed on oath the legitimacy of the child. Hadd sentence on such score awarded to the accused was not maintainable and was set aside.
[[I]Annual Report of the FSC, 2002[/I], pp.61-62]

As you might have guessed already, the conviction of Zafran Bibi was against the law. In that case, the police, judge and even her defence lawyer were corrupted!!! [B]Furthermore, during the case, the Additional Sessions judge was changed. By whom and why are two things, you should think about. Also, the government took no action against anyone; neither the judge nor the police. Why was it so?[/B]

(For a more detailed discussion, see my article [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Lies & Distortions by Geo TV about Hudood Ordinance[/I][/URL].)

As for your saying that the WPB has added a new provision, explaining the word "confession", then I would like to say that we don't need to write in the Ordinance that 2 + 2 = 4. That was just an odd excuse for enforcing other un-Islamic provisions of the bill.
[SIZE=3][B]I would like to challenge you as well as any person on earth, to bring forth any English dictionary which includes [I]allegation[/I] or [I]pregnancy[/I] in the meaning of the term 'confession', if ye are truthful![/B][/SIZE]

[B]Person:[/B] Hmm... you are damn right. Confession is not an ambiguous word.
[B]Abdul Rehman:[/B] Yup, a confession is a confession and nothing else. Had there been any explicit provision in the hudood ordinance, then it might make any sense to add a new definition of confession. Presently, this will have no impact at all.

[B]Person:[/B] But, still I think that the WPB has provided relief to women by amending the law pertaining to zina. Women will not languish in jails for years, due to this WPB. According to previous laws, they would have remain in jail for years. You will surely agree with me...
[B]Abdul Rehman:[/B] [B]No! The WPB has got nothing to do with women in jail.[/B] Gen. Musharraf had promulgated the [I]Law Reforms Ordinance, 2006[/I] earlier this year which added Section 156-B to the CrPC. According to this section, no person can be arrested for 'zina' unless non-bailable arrest warrants are issued by an authorized court of competent jurisdiction. Furthermore, zina cases will not be investigated by a police officer lower in rank than a SP.
This means that the women which were languishing in jail before the WPB were those whose non-bailable arrest warrants were issued by the court. Now, in this bill, zina has been declared a [I]non-cognizable offence[/I], for which no person can ever be arrested.
Due to this WPB, the women which will come out of jail will be those women whose non-bailable arrest warrants were issued. Probably, 99.99% of them will consist of guilty women, not innocent ones!

[B]Person:[/B] Uhh... what?! I don't believe this! But, you will still have to agree that the hudood ordinance had tormented women for atleast 26 years.
[B]Abdul Rehman:[/B] Again, you have made a mistake pal. Here, have a look at the original ordinance: [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Offence of Zina (Enforcement of Hudood) Ordinance, 1979[/I][/URL]
It consists of 22 sections only and it deals with judiciary & courts. It only gives judges the authority to punish the wrong-doers. [U]It does not deal with police & arresting people before trial[/U]. It is the [I]Code of Criminal Procedure (Act V of 1898)[/I] which dealt with arrest, etc. In fact, it was due to the hudood ordinance that after lying in jail for several years, these women were acquitted by the court. The Hudood Ordinance had relieved women from the torments of the police for 26 years!!!

(For a more detailed discussion, see my article [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Lies & Distortions by Geo TV about Hudood Ordinance[/I][/URL].)

[B]Person:[/B] Man! I don't believe how much misconceptions I had in my mind about the hudood laws.
[B]Abdul Rehman:[/B] Yes, the media is responsible for staining the name of hudood ordinance with black spots. If you find time, read my article: [URL="http://jsmawais.googlepages.com/Lies.zip"][I]Lies & Distortions by Geo TV about Hudood Ordinance[/I][/URL]. It pin-points the lies spread by various news agencies, Geo TV, Jang group, etc.

[B]Person:[/B] I don't get it that if the hudood laws don't torment women, why the NA has passed this WPB? Why is everyone cheering as if women have been saved from hell or something of the like?
[B]Abdul Rehman:[/B] Because, the NA consists of majority of members who don't understand the laws. They are just like you, relying on media sources blindly and knowing nothing about the law. I give you one simple example to illustrate this fact.
Section 8 of the old Qazf Ordinance states:-
[quote][B]8. Who can file a complaint?[/B]
No proceedings under this Ordinance shall be initiated except on a report made to the police or a complaint lodged in a Court by the following, namely:-
(a) if the person in respect of whom the ‘qazf’ has been committed be alive, that person, or any person authorized by [COLOR=Navy][B]him[/B][/COLOR]; or
(b) if the person in respect of whom the ‘qazf’ has been committed be dead, any of the ascendants or descendants of that person.[/quote]I highlighted the word 'him' in the above section. Justice (R) Shaiq Usmani, who was a member of the special committee of the NCSW & also associated with [I]Aurat foundation[/I], commented on the above section:-
[quote]Justice (R) Shaiq Usmani observed that the exclusion of the term “her” [in the above section] means that it is only a man against whom Qazf is committed is eligible to file a compliant.[/quote]Similarly, the [I]Christian Post[/I] (Pakistan) states:
[quote]The application for Qazf proceedings could be filed only by men even if the wronged person was a woman. [[URL="http://www.pakistanchristianpost.com/newsviewsdetails.php?newsid=195"]Source[/URL]][/quote](Probably) Relying on the above sources, Ms. Kashmala Tariq, an MNA, proposed in her recommendations:
[quote]In Section 8, it was proposed that the word ‘him’ should be changed with “that person.” [[URL="http://www.pchr.org.pk/news/art10.htm"]Source[/URL]][/quote]To clarify this misconception, let me first quote Section 2(b) of the Qazf Ordinance:-
[quote](b) all other terms and expressions not defined in this Ordinance shall have the same meaning as in the [I]Pakistan Penal Code (Act XLV of 1860)[/I], or the [I]Code of Criminal Procedure, 1898 (Act V of 1898)[/I].[/quote]With this prologue in mind, let me quote Section 8 of the PPC:-
[quote][B]8. Gender[/B]
The pronoun 'he' and its derivates are used of any person, whether male or female.[/quote]So, you can simply deduce from this fact, the amount of honesty & literacy in our lawyers, as well as, MNAs and all.

[B]Person:[/B] Thank God! that you met me & clarified these misconceptions. Otherwise, these idiots would have strayed us as well.
[B]Abdul Rehman:[/B] Don't rely on the media. Research yourself! But, let me ask one simple question: do you still think that the WPB has provided any relief or protection to women?

[B]Person:[/B] After all the above discussion, I don't find anything. But, wait! I am reminded of something...
[B]Abdul Rehman:[/B] Of what?

[B]Person:[/B] Previously, women would go to police stations and lodge FIR of rape there. Many a times it happened that the police officials will either not lodge FIR or rape the women themselves! This was a big defect.
[B]Abdul Rehman:[/B] The hudood laws don't tell police officers to rape women. As I told you before, the hudood ordinance isn't associated with this issue and on top of all, even the CrPC doesn't tell police to do such things. It is a defect & corruption in our police system and not criminal laws.

[B]Person:[/B] Okay... but, you have to agree that the WPB has provided relief to women here.
[B]Abdul Rehman:[/B] No, my friend. Where did you come to know this?

[B]Person:[/B] What do you mean?!
[B]Abdul Rehman:[/B] I mean that women still have to go to the same police to lodge FIRs of rape. Nothing has changed here. And police will still refuse to lodge FIRs, as well as rape women regularly!

[B]Person:[/B] So, for what is everyone cheering about then? Are they gone mad?
[B]Abdul Rehman:[/B] No, they aren't mad. I will tell you some other time as to why are they cheering so much.

(END OF PART ONE.......)

(START OF PART TWO.....)

[B]Person:[/B] Nice to meet you again. I had read an article about the WPB. Though, many things in the article were those which you have already clarified, I found a few new things where I think protection has been given to women.
[B]Abdul Rehman:[/B] What now?

[B]Person:[/B] According to new laws, a case adultery may be converted to a case of rape, but not vice versa.
[B]Abdul Rehman:[/B] I told you before that women will not suffer, because, a case of rape cannot be converted to a case of adultery, if rape is not proved or there is some doubt. I quote her an American (non-Muslim) researcher, Charles Kennedy, on this issue:
[quote]Women fearing conviction under Section 10(2) frequently bring charges of rape under 10(3) against their alleged partners. The FSC finding no circumstantial evidence to support the latter charge, convict the male accused under Section 10(2). The women is exonerated of any wrong doing due to reasonable doubt.
[[I]The Status of Women in Pakistan in Islamization of Laws[/I], Charles Kennedy, p.74][/quote][B]Person:[/B] But, now it is bound by law that a case of rape cannot be converted to adultery in any circumstance whatsoever. Isn't this protection to women?
[B]Abdul Rehman:[/B] No, my friend! This is not a protection! [b]According to previous laws, if it was proved beyond doubt that an allegation of rape is false & that consensual intercourse had taken place, then the court could convict both persons under 10(2). I quote one such case here.

[B][I]Muhammad Asghar vs. The State[/I] (2004 P.Cr.L.J. 201)[/B]
[I]MR. JUSTICE ZAFAR PASHA CHAUDHARY[/I]
Statement of the victim regarding her having been subjected to sexual intercourse was supported by medical report. Vaginal swabs of the victim were found stained with semen. Victim girl did not appear before the Investigating Officer for more than six days and no marks of violence were found on any part of her body. No weapon was recovered from the accused. Cumulative effect of the said facts and circumstances could lead to the only inference that the victim was a consenting party to the commission of zina and she having attained puberty was adult within the meaning of S.2 (a) of the said Ordinance. During course of investigation, a number of Investigating Officers found the victim to be a consenting party. Conviction of accused under S.10 (3) of the said Ordinance was consequently altered to S.10 (2) and his sentence was reduced to the imprisonment already undergone by him in circumstances which was more than two years.
[[I]Annual Report of the FSC, 2003[/I], p.21]

This conversion was done due to solid evidence. Now, such a thing is impossible.

[B]Person:[/B] But, this is protection to women, right?
[B]Abdul Rehman:[/B] Wrong. When it is proved beyond doubt that zina had taken place, not zina-bil-jabr, then it is against the canons of morality, justice & law to leave the woman scot-free. In fact, punishing her in this case, will meet the ends of justice. The Qur'an says:-

"Let not compassion withhold you in their (Zaniya & Zani's) case..." [Surah an-Noor 24:2]

Furthermore, there is a big wisdom behind allowing this conversion, on the basis of solid evidence. I would like to quote here an authority in Forensic Pathology—Bernard Knight—Professor of Forensic Pathology at the University of Wales, to prove my point:-
[QUOTE][B]The genuineness of allegations of sexual assault[/B]
This is an extremely difficult topic, with strong emotive, social and feminist overtones. [COLOR=Navy]The fact is that a significant proportion of allegations of rape and indecent assault [I]reported to the police[/I] are found to be untrue. [U]This is often hotly denied by women’s groups, but is an indisputable fact[/U]... [/COLOR](Underlining ours)
[[I]Simpson’s Forensic Medicine[/I] 10th Ed., Bernard Knight, Butler and Tanner Ltd. (London : 1992), Ch.17, pp.211-212]

[B]A girl alleged victim of rape, was asked if she struggled to her utmost to which she said she did. She was asked if she shouted to which she said she did not. When asked, why not, she stated that she was afraid of waking up her mother who slept in the next room!
When a woman's husband is away and she becomes pregnant, she may claim rape to help cover up her activities during his absence.[/B]
[[I]Parikh’s Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology[/I] 8th Ed., Dr. K.C. Parikh, CBS Publishers (New Delhi : 2004), Part 2, Sec.V, Ch.27, pp.5.42-5.43][/QUOTE][B]Person:[/B] Hmm... I see...
[B]Abdul Rehman:[/B] In fact, putting a bar on the conversion of rape cases to adultery cases, is like giving a free path to adulterous women. After committing the sinful act, they would rush to the police station to get a complaint of rape lodged. Once lodged, they are now protected by law that the case cannot be converted & they can never be convicted under 10(2).

[B]Person:[/B] You are right... that is indeed a wide lacuna...
[B]Abdul Rehman:[/B] If you do a research and get the statistics on the number of rape cases which converted to adultery cases, in the 27 year history of the old ordinance, you will find that the number is less than 1%. So, there was no need for such a protection.
Furthermore, this will also give protection to adulterous men. Consider that two persons have intercourse consensually and later, the woman files an FIR of rape to save her reputation. During the trial, the court finds that no element of coercion was involved. Now, in this case, not only will the woman be left free, but, the male will also enjoy freedom!!! If someone says that women will be left on doubt, then what about men? Why are the guilty men being given this protection?

[B]Person:[/B] Okay... there is another thing which I read in the article about the WPB. Previously, women had to lodge a separate complaint for qazf. Now, the court will automatically convict the false accuser without the need of a separate complaint.
[B]Abdul Rehman:[/B] This is based on less knowledge of the Qazf Ordinance. I suggest you read this [URL="http://jsmawais.googlepages.com/Qazf_Ordinance.htm"]legal document[/URL] side-by-side with my [URL="http://jsmawais.googlepages.com/FAQ2.htm"]FAQ explaining the above query[/URL].
If you look closely, a right has been snatched away from people. Previously, the one who was falsely accused, had the right to file a complaint of Qazf if he/she wanted or forgive the accuser. Now, he/she does not have this right. This right is given by the Shari'ah and consequently, such a provision is against the Shari'ah.

[B]Person:[/B] Come on! This is a sincere effort to protect women, because, previously cases became too much prolonged.
[B]Abdul Rehman:[/B] Read [URL="http://jsmawais.googlepages.com/FAQ2.htm"]my FAQ[/URL] first. As for your connotation that [I]"this is a sincere effort"[/I], then let me unveil that this is not.

[B]Person:[/B] Why? Please explain.
[B]Abdul Rehman:[/B] In the PPC, there is a Section 499, which deals with [I]defamation[/I]. Qazf only deals with false accusations of [I]zina[/I]. For false accusations of other crimes, cases are filed under PPC, 499. Here no one objects that separate case has to be filed or that cases will be prolonged.
Furthermore, the ones who are asking for this provision are not sincere; they aren't even concerned with the protection of women, which is proved from Section 19 of the WPB. [B]According to previous hudood ordinance, the court could try & convict the accused for any other offence, if it appeared in evidence that he/she had committed that offence. Section 19 of the WPB has removed this provision.[/B]
This means that now, if a woman files a complaint of gang rape, but, can't prove it, though individual rape is proved, then the court will not convict the accused. Rather, the woman would have to file a separate case again. Furthermore, if she failed to prove individual rape, but, it was proved from evidence that the accused had abducted her, then too a new case would have to be filed. The court will still leave the accused. This was not the case with old laws.
[B]Thus it is proved that they are not concerned with women protection at all, otherwise, they would have not devised double-standards. [COLOR=red]I[COLOR=Navy]n fact, they have decreased protection of women in this case![/COLOR][/COLOR][/B] And yeah, I will like to re-iterate here, the words of Hamid Mir.
[B]"Aik aurat ki izzat kharab kar di gaey hai aur uss kay pas paisey bhi nahin hain aur shawahid mojud bhi hain aur uss kay 2 chottey bachey hain aur shuhar bhi nahin hai aur bheek mang kar aik case file kar liya tha, tu abh woh auraat kahan jaey gi??? Ussay kon insaaf day ga???"[/B] (Go and ask Hamid Mir [& others] himself!)
The reason these people are dying in case of qazf, is because they want to maximize the factors which would discourage people from lodging complaint of zina, and thus increase immorality & immodesty.

[B]Person:[/B] Hmm... I don't believe it. They are decreasing protection of women! I never heard or read about that section of the bill!
[B]Abdul Rehman:[/B] There are many things which people don't come to know, only because the media deceives them & they keep on living in fool's paradise.

[B]Person:[/B] I have two more doubts.
[B]Abdul Rehman:[/B] Yes, tell me please, so that I can clarify them.

[B]Person:[/B] The WPB has eliminated the hadd for zina-bil-jabr and increased the tazir for ordinary rape, to 25 years imprisonment (of either description) or death penalty, and also fine.
[B]Abdul Rehman:[/B] By eliminating the hadd, they have converted a Islamic law into an un-Islamic one. The first person to deny Rajm & the hadd for zina-bil-jabr was Ameen Ahsan Islahi of twentieth century. Before him, no prominent scholar had ever stated the opposite. The hadd for zina-bil-jabr is proved from many ahadith like the one in Tirmidhi Sharif, Sunan Abu Daw'ud and others.
Furthermore, I told you before that hadd is there as a deterrent. Tazir can always be awarded, so, no relief is brought to women by putting Rape & other tazirat in the PPC. In fact, while doing so, they have lessened the punishment for various crimes!

[B]Person:[/B] They haven't lessened the punishment for zina-bil-jabr atleast!
[B]Abdul Rehman:[/B] Ha ha ha... that's an odd excuse. They lessened the punishment of gang rape from death to death or life imprisonment. The rationale described in the [I]Statement of Object and Reasons[/I] is that in majority of cases of gang rape, the judges don't want to punish the rapist with death penalty. [B]The question is that if in majority of cases, judges don't want to award death penalty to gang rapists, will they ever award it to individual rapists?[/B]

[B]Person:[/B] Huh... what do you mean?
[B]Abdul Rehman:[/B] In 99.99% of the cases, this punishment will not be given by judges. So, it was just an odd excuse for justifying other provisions which are directed at increasing immodesty in the society. In fact, if they wanted, they could have changed the punishment in 10(3) itself to get the same effect. They didn't do that!

[B]Person:[/B] Hmm...
[B]Abdul Rehman:[/B] And your second doubt...?

[B]Person:[/B] Protection has been given to young girls in that intercourse with girls below 16 years of age, will always be considered rape.
[B]Abdul Rehman:[/B] This is not in conformance with the Shari'ah. The Shari'ah has not set a particular age in this matter, rather, puberty is considered the standard. This is proved from Sunnah, for example, a tradition found in Musnad ibn abi Shaibah.
A person who is pubert and commits zina-bil-raza, deserves to be punished. In fact, if the evidence requirements for hadd are met, then the execution of hadd (as Haqqullah) is inevitable. No one has the right to remit this punishment.
As for tazir, then it may be reduced, keeping in view the puberty & age of the individual. Making a [I]sensible[/I] law in this perspective, which conforms to the Shari'ah, may be useful.
Generally speaking, such cases are heard by judges, which surely aren't idiots. In many cases, they reduced or even dropped the tazir punishment, due to the young age of the offender, as in [I]Muhammad Ashraf vs. The State[/I] (PLD 1987 FSC 33).
[B]Most importantly, how many young people have suffered in the 27 year history of this law?[/B] Not even a few young people.

[B]Person:[/B] Ok... I don't find much in the WPB after knowing all these things. In fact, there doesn't seem to be anything at all.
[B]Abdul Rehman:[/B] It contains many things which would decrease women protection & increase protection of obscenity and immorality. We shall (Insha Allah) discuss them some other time.

[B]Person:[/B] Yes, enough for now. See you later. Bye!
[B]Abdul Rehman:[/B] Bye!

(TO BE CONTINUED...)

[CENTER][IMG]http://img201.imageshack.us/img201/4306/zbfinallysl9.gif[/IMG][/CENTER]

Best regards,
Abdul Rehman.
<<<[URL="http://Contact me"]Contact me[/URL]>>>

Hard2Hit Friday, December 01, 2006 06:22 PM
Excellent Work Bro Abdul Rehman!
 
Assalam Alaikum,

Just felt like jumping in to say: JazakAllah Khairan Katheer bro Abdul Rehman for the nice work.

I'm sure you wouldn't mind it if I paste it on MPUK forums that I run with a friend based in UK and other forums that I visit.


Thanks,
-me

jsmawais Friday, December 01, 2006 07:39 PM
Spread the truth by all means...
 
Wa alaikum as salam!
Thanks a lot for your precious comments.
Spread the truth everywhere. Take my articles, posts, everything else and spread it in whatever way you want. I don't mind; rather, I am pleased a lot. Paste your own name instead of mine, or print for profit, or do whatever else, but, just spread the truth--that's what I care about. :)

Thanks again!

Yours truly,
Abdul Rehman.

amjad777 Saturday, December 02, 2006 11:59 PM
Dear All,

We experienced EQ 2005, its over one year of catastrophic event.

What Earthquake Rehabilitation and Reconstruction Authority (ERRA) did till now. A new winter is here, people are still withough shelters/homes.

NGOs and GOs are stressing on un-necessary issues those are not the real problems. Agencies are stressing on GENDER issues and Protection.

Second question is about the basic human rights. Right to life is in the HUMANITARIAN CHARTER and withought that how they will be able to secure other rights????

Alot of other issues and questions about ERRA and NGOs.

Who is making really sincere efforts? what will be the outcome of these efforts?? Whether people will be able to have sustainable livelihoods for them?? what will happen to our next generation in EQ affected areas??

AA


********************************************************************************************************************


AoA,

Rehman brother,

great work, really interesting. I agree with you about concealment of draft of WPB, because I search for hours and hardly find it on internet.

Actually get to this website (CSS Forum) in search of WPB. Its really nice to have good analysis here.

If you had full version, please send it to me.

One question about WPB and political situation of Pakistan i.e what MMA is doing and is there anything that MMA or any other political party can do now or in future to amend the bill?

AA

razo.sado Monday, December 04, 2006 04:01 PM
salam to all
can we view the original women protection bill passed by NA and CENIT of Pakistan? if any one has then please pm me i will be greate ful to him/her

jsmawais Monday, December 04, 2006 06:52 PM
Text of Bill will be uploaded soon... (Insha Allah)
 
Wa alaikum as salam to all!
Thanks to amjad bhai for his nice comments. :)
I had chatted with the owners of the website, [url="http://www.hudoodordinance.com/"]HudoodOrdinance.COM[/url]. One of them (viz. Dr. Fayyaz Aalam) said that they had the full text of the WPB (passed by NA) in both English and Urdu. They said that they would upload it soon (Insha Allah) to their website. We are all counting on them...

Thanks!

Best regards,
Abdul Rehman.

amjad777 Tuesday, December 05, 2006 09:20 PM
Survey on WPB
 
Dear Abdul Rehman Brother,

I want to suggest a survey. Is is possible that we should draft a 5 to 10 questions questionnaire about WPB and some of our committed members collect information from various individuals. Then we can compile report on the analysis and put that here on CSSforum.

There might be very simple questions eg.

Did you read the draft WPB? Y/N

Are you in a favour of WPB? Y/N

Will it help the women in the future? Y/N

What are your suggestions or recommends on the bill (give brief whether you agree or not)

........................................................................................................................................................................................................................................................................................................................


There might be a lot of question that can be included, if you senior member agree on that then one member can complete at least 200 forms. As we are from different cities it will reflect the perceptions of different societies/cultures with in the overall one national cultural and in the Islamic perspective.

Please advice on that.

Thanks

Lawyer Thursday, December 07, 2006 03:39 AM
Text of so-called "Women Protection Bill"
 
For all those who are interested in having a look of the text of this notorious piece of legislation, here is the complete text of the "Women Protection Bill", now the Act, as has been signed by the President.

Here it is:

Protection of Women (Criminal Laws Amendment) Act, 2006
A BILL further to amend the Pakistan Penal Code, the Code of Criminal Procedure and other laws

WHEREAS it is necessary to provide relief and protection to women against misuse and abuse of law and to prevent their exploitation;

AND WHEREAS Article 14 of the Constitution ensures that dignity of man and, subject to law, the privacy of home, shall be inviolable;

AND WHEREAS Article 25 of the Constitution guarantees that there shall be no discrimination on the basis of sex alone and that the State shall make provisions for the protection of women;

AND WHEREAS Article 37 of the Constitution encourages promotion of social justice and eradication of social evils;

AND WHEREAS the objective of this Bill is to bring in particular the laws relating to zina and qazf in conformity with the stated objectives of the Constitution and the injunctions of Islam,

AND WHEREAS it is expedient for the aforesaid objectives further to amend the Pakistan Penal Code (Act XLV of 1860), the Code of Criminal Procedure, 1898 (Act V of 1898, the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979), and the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) and for the purposes hereinafter appearing,

It is hereby enacted as follows:


--------------------------------------------------------------------------------
1. Short title and commencement
(1) This Act may be called the Protection of Women (Criminal Laws Amendment) Act, 2006.

(2) It shall come into force at once.


2. Insertion of new section, Act XLV of 1860
In the Pakistan Penal Code (Act XLV or 1860), hereinafter referred to as the said "Code", after section 365A, the following new section shall be inserted, namely:-
365B. Kidnapping, abducting or inducing woman to compel for marriage etc.-
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.".


3. Insertion of new section, Act XLV of 1860:
In the said Code, after section 367, the following new section shall be inserted, namely:
"367A. Kidnapping or abducting in order to subject person to unnatural lust:
Whoever kidnaps, or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine."


4. Insertion of new sections, Act XLV of 1860
In the said Code, after section 371, the following new sections shall be inserted, namely:
"371A. Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such a person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person shall at any time be employed or used for any such, purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanations:- (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 371B, "illicit intercourse" means sexual intercourse between persons not united by marriage.

371B. Buying person for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment which may extend to twenty-five years, and shall also be liable to fine.
Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.".


5. Insertion of new sections, Act XLV of 1860:
In the said Code, after section 374, the following new sections 375 and 376 under sub-heading "Rape", shall be inserted, namely:
"375. Rape:-
A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, (i) against her will.

(ii) without her consent

(iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt,

(iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or

(v) With or without her consent when she is under sixteen years of age.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

376. Punishment for rape
(1) Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten rears or more, than twenty-five years and shall also be liable to fine.

(2) When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.".



6. Insertion of new section, Act XLV of 1860.
In the said Code, in Chapter XX, the following new section shall be inserted, namely:-
"493A. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who deceitfully causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and shall also he liable to fine.".


7. Insertion of new sections, Act XLV of 1860.
In the said Code, after section 496, the following new sections shall be inserted, namely:
"496A. Enticing or taking away or detaining with criminal intent a woman.
Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

496B. Fornication:
(1) A man and a woman not married to each other are said to commit fornication if they willfully have sexual intercourse with one another.

(2) Whoever commits fornication shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees.


496C. Punishment for false accusation of fornication.
Whoever brings or levels or gives evidence of false charge of fornication against any person, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine not exceeding ten thousand rupees.
Provided that a Presiding Officer of a Court dismissing a complaint under section 203C of the Code of Criminal Procedure, 1898 and after providing the accused an opportunity to show cause if satisfied that an offence under this section has been committed shall not require any further proof and shall forthwith proceed to pass the sentence.".


8. Insertion of new sections, Act V of 1898.-
In the Code of Criminal Procedure, 1898 (Act V of 1898), after section 203, the hollowing new sections shall be inserted, namely:
"203A. Complaint in case of Zina.-
(1) No court shall take cognizance of an offence under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1919), except on a complaint lodged in a Court of competent jurisdiction.

(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine, on oath, the complainant and at least four Muslim, adult male eye-witnesses, about whom the Court is satisfied having regard to the requirement of tazkiyah-al-shahood, that, they are truthful persons and abstain from major sins (kabair), of the act of penetration necessary to the offence
Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.
Explanation: In this section "tazkiyah-al-shahood" means the mode of inquiry adopted by a Court to satisfy itself as to the credibility of a witness.

(3) The substance of the examination of the complainant and the eye-witnesses shall be reduced to writing and shall be signed by the complainant and the eye-witnesses, as the case may be, and also by the Presiding Officer of the Court.

(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding, the Court shall issue summons for the personal attendance of the accused.

(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the four or more eye-witnesses there is, in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.


203B. Complaint in case of Qazf.-
(1) Subject to sub-section (2) of section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), no Court shall take cognizance of an offence under section 7 of the said Ordinance, except on a complaint lodged in a Court of competent jurisdiction.

(2) The Presiding Officer of a Court taking cognizance of an offence on a complaint shall at once examine on oath the complainant and the witnesses as mentioned in section 6 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979) of the act of Qazf necessary to the offence.

(3) The substance of the examination of the complainant and the witnesses shall be reduced to writing and shall be signed by the complainant and the witnesses, as the case may be, and also by the Presiding Officer of the Court.

(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding the Court shall issue summons for the personal attendance of the accused.

(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.


203C. Complaint in case of fornication.
(1) No court shall take cognizance of an offence under section 496A of the Pakistan Penal Code, except on a complaint lodged in a Court of competent Jurisdiction.

(2) The Presiding Officer of a Court taking cognizance of an offence shall at once examine on oath the complainant and at least two eyewitnesses to the act of fornication.

(3) The substance of the examination of the complainant and the eye-witnesses shall be reduced to writing and shall be signed by the complainant and the witnesses, as the case may be, and also by the Presiding Officer of the Court.

(4) If in the opinion of the Presiding Officer of a Court, there is sufficient ground for proceeding the Court shall issue a summons for the personal attendance of the accused:
Provided that the Presiding Officer of a Court shall not require the accused to furnish any security except a personal bond, without sureties, to ensure attendance before the Court in further proceedings.

(5) The Presiding Officer of a Court before whom a complaint is made or to whom it has been transferred may dismiss the complaint, if, after considering the statements on oath of the complainant and the witnesses there is, in his judgment, no sufficient ground for proceeding and in such case he shall record his reasons for so doing.

(6) Notwithstanding the foregoing provisions, or anything contained in any other law for the time being in force no complaint under this section shall be entertained against any person who is accused of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979) and against whom a complaint under section 203A of this Code is pending or has been dismissed or who has been acquitted or against any person who is a complainant or a victim in a case of rape, under any circumstances whatsoever.".



9. Amendment of Schedule II, Act V of 1898.-
In the Code of Criminal Procedure, 1898 (Act V of 1898), in Schedule II, (i) after section 365A in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely: 1 2 3 4 5 6 7 8
365B Kidnapping, abducting or inducing woman to compel for marriage etc. Ditto Ditto Ditto Ditto Imprisonment for life and fine. Ditto;


(ii) after section 367 in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely: 1 2 3 4 5 6 7 8
367A Kidnapping or abducting in order to subject person to unnatural list. Ditto Ditto Ditto Ditto Death or rigorous imprisonment which may extend to twenty-five years and fine. Ditto;


(iii) after section 371 In column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely:- 1 2 3 4 5 6 7 8
371A Selling person for purposes of prostitution, etc. Ditto Ditto Ditto Ditto Imprisonment which may extend to twenty-fve years and fine. Ditto;
371B Buying person for purposes of prostitution, etc. Ditto Ditto Ditto Ditto Imprisonment which may extend to twenty-fve years and fine. Ditto;


(iv) after section 374 the sub-heading "of Rape" shall be inserted;

(v) for the existing entries relating to section 376 in columns 1 to 8, the following shall be substituted, namely :- 1 2 3 4 5 6 7 8
376 Rape May arrest without warrant Warrant Not bailable Not compoundable Death or imprisonment not less than ten years or more than tewnty-five years and fine.

Death or imprisonment for life, if the offence committed by two or more persons in furtherance of common intention.
Court of Sessions;


(vi) after section 493 in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely:- 1 2 3 4 5 6 7 8
493A Cohabitation caused by a man deceitfully inducing a belief of lawful marriage. May arrest without warrant. Warrant Not bailable. Not compoundable Rigorous imprisonment which may extend to twenty-five years and fine. Ditto;


(vii) in section 494 in column 1, in column 3, for the word "Ditto", the words "Shall not arrest without warrant" shall be substituted;

(viii) after section 496 in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely :- 1 2 3 4 5 6 7 8
496A Enticing or taking away or detaining with criminal intent a woman May arrest without warrant Ditto Not bailable Ditto Imprisonment of either description which may extend to seven years and fine Court of Sessions or Magistrate of the first class;
496B Fornication Shall not arrest without warrant Summons Bailable Not compoundable Imprisonment which may extend to give years and fine not exceeding ten thousand rupees Magistrate of the first class;
496C False accusation of Fornication Shall not arrest without warrant. Summons Bailable Not compoundable Imprisonment which may extend to five years and find not exceeding ten thousand rupees. Magistrate of the first class;


(ix) under the heading, "OFFENCES AGAINST OTHER LAWS" after the last entry in column 1 and entries relating thereto in columns 2 to 8, the following shall be inserted, namely: 1 2 3 4 5 6 7 8
Section 5 of Ordinance VII of 1979 Zina. Shall not arrest without warrant. Summons Bailable Not compoundable. Stoning to death in case of Muhsan and if not Muhsan whipping not exceeding one hundred stripes Court of Sessions;
Section 7 of Ordinance VIII or 1979 Qazf. Shall not arrest without warrant. Summons Bailable Not compoundable. Whipping numbering eighty stripes. Court of Sessions;



10. Amendment of section 2, Ordinance VII of 1979.-
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 2: (i) after clause (a), the following new clause (aa) shall be inserted, namely:
"(aa) "confession" means, notwithstanding any judgement of any court to the contrary, an oral statement, explicitly admitting the commission of the offence of zina, voluntarily made by the accused before a court of sessions having jurisdiction in the matter or on receipt of a summons under section 203A of the Code of Criminal Procedure, 1898 (Act V of 1898)."; and


(ii) clauses (c) and (e) shall be omitted.


11. Omission of section 3, Ordinance VII of 1979.-
In the Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of 1979), section 3 shall be omitted.

12. Amendment of section 4, Ordinance VII of 1979.-
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No VII of 1979), in section 4, the word "validly" and the explanation at the end of the section shall be omitted.

12A. Insertion of new, section, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood Ordinance, 1979 (Ordinance No. VII of 1979), after section 5, the following new section shall be inserted, namely:-
"5A. No case to be converted, lodged or registered under certain provisions:-
No complaint of zina under section 5 read with section 203A of the Code of Criminal Procedure, 1989 and no case where an allegation of rape is made shall at any stagy be converted into a complaint of fornication under section 496A of the Pakistan Penal Code (Act XLV of 1860) and no complaint of fornication shall at any stage be converted into a complaint of zina under section 5 of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 (Ordinance No. VII of 1979) or an offence of similar nature under any other law for the time being in force.".


13. Omission of sections 6 and 7, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), sections 6 and 7 shall be omitted.

14. Amendment of section 8, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 8, (i) the words and comma "or zina-bil-jabr" shall be omitted; and

(ii) in the marginal note, the words "or zina-bil-jabr" shall be omitted.


15. Amendment of section 9, Ordinance VII of 1979:-
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 9, (i) the words "or zina-bil-jabr" shall be omitted;

(ii) in sub-section (2) the words "or zina-bil-jabr" shall be omitted; and

(iii) sub-sections (3) and (4) shall be omitted.


16. Omission of sections 10 to 16, 18 and 19, Ordinance VII of 1979:
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), sections 10 to 16 and 18 and 19 shall be omitted.

17. Amendment of section 17, Ordinance VII of 1979:-
In the Offence of Zina (Enforcement of Hooded) Ordinance, 1979 (Ordinance No. VII of 1979), in section 17, the words and figure "or section 6" shall be omitted.

18. Amendment of section 20, Ordinance VII of 1979.-
In the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance No. VII of 1979), in section 20,- (i) in sub-section (1), the first proviso shall be omitted and in the second proviso, the word "further" shall be omitted;

(ii) sub-section (3) shall be omitted; and

(iii) sub-section (5) shall be omitted.


19. Amendment of section 2, Ordinance VIII of 1979.-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordnance No. VIII of 1979), for clause (a) the following shall be substituted, namely:-
"(a) "adult", "hadd" and "zina" have the same meaning as in the Offence of Zina (Enforcement of Hudood) Ordinance, 1979; and".


20. Amendment of section 4, Ordinance VIII of 1979:-
In the Offence of Qazf (Enforcement of Hadd) Ordnance, 1979 (Ordinance No. VIII of 1979), section 4 shall be omitted.

21. Amendment of section 6, Ordinance VIII of 1979:-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), section 6, shall be renumbered as sub-section (1) thereof and after sub-section (1) renumbered as aforesaid, the following new sub-section (2) shall be added, namely:
"(2) The Presiding Officer of a Court dismissing a complaint under section 203A of the Code of Criminal Procedure, 1898 or acquitting an accused under section 5 of the Offense of Zina (Enforcement of Hudood) Ordinance, 1979 (Ordinance VII of 1979), If satisfied that the offence of qazf liable to hadd has been committed, shall not require any proof of qazf and shall proceed to pass sentence under section 7.".


22. Amendment of section 8, Ordinance VIII of 1979.-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 8, the words, "a report made to the police or" shall be omitted.

23. Amendment of section 9, Ordinance VIII of 1979:-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 9, for sub-section (2), the following shall be substituted, namely:
"(2) In a case which, before the execution of hadd, the complainant withdraws his allegation of qazf, or states that the accused had made a false confession or that any of the witnesses had deposed falsely, hadd shall not be enforced.".


24. Amendment of sections 10 to 13 and 15, Ordinance VIII of 1979:-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), sections 10 to 13 and 15 shall be omitted.

25. Amendment of section 14, Ordinance VIII of 1979.-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 14, subsections (3) and (4) shall be omitted.

26. Omission of section 16, Ordinance VIII of 1979:
In the Offence of Qazf (Enforcement of Hand) Ordinance, 1979 (Ordinance No. VIII of 1979), section 16 shall be omitted.

27. Amendment of section 17, Ordinance VIII of 1979.-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), in section 17, (i) the first proviso shall be omitted;

(ii) for the second proviso, the following shall be substituted, namely:
Provided that an offence punishable under section 7 shall be [ruble by a Coup of Sessions and not by or before a Magistrate authorized under section 30 of the said Code and an appeal from an order of the Court of Sessions shall lie to the Federal Shariat Court.".


28. Omission of section 19, Ordinance VIII of 1979:-
In the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Ordinance No. VIII of 1979), section 19 shall be omitted.

29. Insertion of new section, Dissolution of Muslim Marriages Act, 1939 (VIII of 1939):-
In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2, after clause (vii), the following new clause shall be inserted, namely:-
(viia) lian
Explanation: Lian means where the husband has accused his wile of zina and the wife does not accept the accusation as true".


STATEMENT OF OBJECTS AND REASONS
One of the avowed constitutional objectives of the Islamic Republic of Pakistan is to enable Muslims to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as laid doom in the Holy Qur'an and Sunnah.

The Constitution, accordingly, mandates that all existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Qur'an and Sunnah.

The object of this Bill is to bring the laws relating to zina and qazf, in particular, in conformity with the stated objectives of The Islamic Republic of Pakistan and the constitutional mandate and in particular to provide relief and protection to women against misuse and abuse of law.

The offences of zina and qazf are mentioned in the Qur'an. The two ordinances relating to zina and qazf, however, make a number of other acts punishable in spite of the fact that the Qur'an and Sunnah neither define these offences nor has any punishment for there been prescribed. On no principle of qiyas can the punishments for zina and qazf or the procedure identified for their proof can be extended to these offences.

Any offence not mentioned in the Qur'an and Sunnah or for which punishment is not stated therein is Ta'zir which is a subject of State legislation. It is for the State both to define such offences and to fix punishments for these. The exercise of such authority by the State is in consonance with Islamic norms which the State is authorized to both define and punish. Accordingly, all these offences have been removed from the two Hudood Ordinances and inserted in their proper places in the Pakistan Penal Code, 1860 (Act XLV of 1860) hereinafter "PPC".

The offences listed in sections 11 to 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979) hereinafter "Zina Ordinance" are Ta'zir offences. All these are being inserted as sections 365B, 367A, 371A, 371B, 493A and 496A of the Pakistan Penal Code, 1860 (Act XLV of 1860). Sections 12 and 13 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 hereinafter 'Qazf Ordinance' are being omitted. This is being done as the definition of qazf in section 3 of that Ordinance is wide enough to cover the qazf committed by printing or engraving or sale of printed and engraved material.

No change is being made in the language of the statutory definition of any of these Ta'zir offences or the punishment provided for these, save one. The punishment of whipping is being deleted (or these Ta'zir offences. As the Qur'an and Sunnah do not provide for any punishment with regard to these offences the State is authorized to make this change in conformity with the Islamic concept of justice. This is in accordance with the scheme of the PPC and the evolving standards of decency which mark the progress of a maturing society.

The Zina and Qazf Ordinances have been a subject of trenchant criticism by citizens in general and scholars of Islam and women in particular. The criticisms are many. These include the lumping of the offence of zina with zina-bil-jabr (rape) and subjecting both to the same kind of proof and punishment. This has facilitated abuse. A woman who fails to prove rape is often prosecuted for zina. The requirement of proof for the maximum punishment of zina-bil-jabr (rape) being the same as that for zina, it has made absolutely impossible to prove the former.

Where a prosecution for rape against a man fails but sexual activity is confirmed by medical examination or on account of pregnancy or otherwise the woman is punished for zina not as Hadd - four eye witnesses not being available - but as Ta'zir. Her complaint is, at times, deemed a confession.

A penal statute must be clear and unambiguous. It must mark the boundaries between the permitted and the prohibited with clarity. The citizens are, thus, put to notice. They can order their life and conduct by following these bright guidelines and steer clear of trouble. The vague definitions in thane and related laws are, therefore, either being clarified and wherever that is not possible, omitted. The object is to protect the unwary and unsuspecting citizens from unwittingly falling foul of penal laws.

The Zina Ordinance also defines "marriage" as a valid marriage. In rural areas, in particular, nikahs generally and divorces particularly are not registered. It becomes difficult for a person charged with zina to establish "valid marriage" as a defence. Non-registration has its civil consequences. These are sufficient. failure to register a nikah or have a divorce confirmed should not entail penal consequences. This is in consonance with the Islamic norm that Hadd should not be imposed whenever there is any doubt about the commission of the offence. The misuse of the law in such cases has made it an instrument of oppression in the hands of vengeful former husbands and other members of society.

A triple talaq is pronounced. The woman returns to her parental home. She goes through her period of iddat. After a while the family arranges another match and she gets married. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. It is necessary to delete this definition to shut this door.

There is no hadd for the offence of zina-bil-jabr (rape). It is a Ta'zir offence. The definition and punishment of rape is, therefore, being incorporated in the PPC in sections 375 and 376 respectively. The gender neutral definition is being amended to clearly provide that rape IS an offence committed by a man against a woman. As consent of the woman is a defence to the charge of rape it is being provided that such consent would not be a defence if the woman is less than 16 years of age. This accords both with the need to protect the weak, which the Qur'an repeatedly emphasizes, and the norms of international legal obligations.

The punishment for gang rape is death. No lesser punishment is provided. The courts heating such cases have observed that in many situations they are of the opinion that a person cannot be acquitted while at the same time imposing the death penalty is not warranted in the fails and circumstances of the case. The result is that they feel obliged to acquit the accused in Stan cases. To address this concern, the lesser sentence of life imprisonment is being added as an alternative to the death penalty.

The procedure for the prosecution of Ta'zir offences of zina-bil-jabr (rape) and gang rape, like that for all other Ta'zir offences under the PPC, is to be regulated by the Code of Criminal Procedure, 1898 (Act V of 1898) hereinafter "Cr. P.C.".

Lian is a form of dissolution of marriage. A woman who is accused of adultery by her husband and denies the charge can seek dissolution of her marriage. Section 14 of the Qazf Ordinance refers to lian and also provides a procedure for it. A form of dissolution of marriage has no place in a penal statute. Accordingly, lian has been introduced as a ground for divorce under the Disssolution of Muslim Marriages Act, 1939 (VIII of 1939).

The definition of zina and qazf remain the same as in the Zina and Qazf Ordinances. For both zina and qazf the same punishments have been retained, as well.

Zina is a heinous crime that corrupts public morals and destroys the sense of modesty. The Qur'an regards zina an offence against public morality. The requirement of four eyewitnesses is not solely an evidentiary burden of extra-ordinary weight. It is also an assertion that if contrary to the hadith, "Allah loves those who hide their sins", one commits an act in so blatant a fashion that four people see it, the harm to society must be serious indeed. At the same time, the Qur'an protects privacy, prohibits baseless assumptions and inquisition and forbids interference in the life of others. It is for this reason that a failure to prove zina entails punishment for qazf (false accusation of zina). The Qur'an requires the complainant to bring four eye-witnesses to prove the accusation of zina. The complainant and the witnesses must be conscious of the seriousness of this offence and must know that if they make a false accusation or cannot prove the charge beyond doubt they will be punished for qazf. The conviction will follow the failure of the zina prosecution and will not be contingent on the initiation of fresh legal proceedings.

The Zina Ordinance has been abused to persecute women, to settle vendettas and to deny basic human rights and fundamental freedoms. To check such abuse both in the case of zina and qazf the Cr. P.C. is being amended to provide that only the Court of Sessions, on a complaint, may take cognizance of such cases. The offence has been made bailable so that the accused do not languish in jail during trial. The police will have no authority to arrest any one in such cases unless so directed by the Court of Sessions and such directions cannot be issued except either to compel attendance in court or in the event of a conviction.

The primary object of all these amendments is to make zina and qazf punishable only in accordance with the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah, to prevent exploitation, curb abuse of police powers and create a just and egalitarian society.


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Source:: Scanned image of the Bill from eteraz.org -

(The Statement of Object and Reasons, as put forth before parliament, although not a part of the enacted statute, but an importnat tool to decipher and interpret the meanings of any legislation, hence included).

In the end, I would say that we should be proud to have brothers like Abdur Rehman, who has been spending his efforts, energy and valuable time to present the other side of the story as well.

Now the Bill (ACT) is in your COURT, go through it and enlighten us with your views.


Meanwhile I shall remain

Sincerely yours

The Lawyer with no good laws to litigate

jsmawais Friday, December 08, 2006 01:04 PM
@Lawyer
A million thanks for providing the text of this bill. Jazak Allah brother! I will analyze it soon (Insha Allah), if I found enough time. I am REALLY busy these days. Thanks a lot again!

Btw, a more readable version of the text of the WPB can be [url="http://jsmawais.googlepages.com/WPB.htm"]found here[/url].

Best regards,
Abdul Rehman.

********************************************************************************************************************


Asalam-o-alaikum!
Here is one of my articles about the [i]Protection of Women (C.L.A.) Act, 2006[/i] which got published in yesterday's (i.e. 8th January, 2007) issue of [i]The Frontier Post[/i].

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[CENTER][b][size="4"]A critique of the Women Protection Act[/size][/b]
[i]By Abdul Rehman[/i][/CENTER]

The list of hotly debated topics now-a-days, include, undoubtedly, the recently passed [i]Protection of Women Act.[/i] The act has, since it was tabled in the National Assembly, attracted strong support from the mainstream media. The act has been repeatedly labeled as a ‘relief’ and ‘source of justice’ to women, but, the authenticity of this claim is questionable. A brief discourse on the salient features of the act will itself be sufficient to shatter the veracity of this shallow claim.
First things first, the act has removed the section of ‘zina-bil-jabr’ from the zina ordinance, incorporating a new section into the PPC for ‘rape’. The move, portrayed as a ‘relief’ to women from a tough evidence requirement of four witnesses, has been warmly welcomed by feminist groups. The rationale for this provision, as described by the respected president, was to punish the rapists without the need of four witnesses. A case of rape, according to the supporters of this act, was converted to a case of adultery—without four witnesses—in the old ordinance.
Without going into the depths of legal documents, a single quotation from a case will be sufficient to burst this hollow balloon of mere propaganda. Justice Saeed-ur-Rehman Farrukh ruled, in [i]Shabbir alias Kakku & other vs. The State[/i] (SBLR 2004 FSC 35), that: “It is well-settled that conviction can be based, in rape case, on the solitary statement of the victim of rape if the same is found truthful and confidence inspiring.” Similar judgments of the Federal Shariat Court include, [i]inter alia[/i], [i]Mukhtar Ahmed vs. The State[/i] (1996 SD 1), [i]Muhammad Umar vs. The State[/i] (1999 P.Cr.L.J. 699), [i]Gulsher vs. The State[/i] (2004 SD 159) and [i]Muhammad Zafar Naeem vs. The State[/i] (2004 SD 352). The Federal Shariat Court, as early as 1985, had ruled in [i]Mst. Safia Bibi vs. The State[/i] (PLD 1985 FSC 120) that in the absence of sufficient evidence, a case of rape will [i]not[/i] be converted to a case of adultery. Such judgments & the [i]de jure[/i] provisions of the hudood ordinance, deliberately concealed by the media and some other legal experts, have never been brought to the front for the general public. Had it been done, the opinion of a sizable chunk of the population would be much different.
It may be pertinent to note here that under the old hudood ordinance, there were two types of punishments, viz. tazir and hadd. Hadd is to be awarded when the crime of rape stands proved by the testimony of four Shar’ai witnesses or voluntary confession. If such evidence is not available, a tazir is awarded to the accused on the basis of such evidence as may be available, provided the crime is proved beyond reasonable doubt. Apart from medicolegal report (MLR), circumstantial evidence, etc. the acceptable evidence includes the testimony of women witnesses. In [i]Rashida Patel vs. The State[/i] (PLD 1989 FSC 95), it was ruled by the FSC bench that women can appear as witnesses before the court and tazir shall be awarded to the accused, on the basis of their evidence. After the passing of the bill, this particular point i.e. not accepting the evidence of women has disappeared in thin air.
Keeping the above discussion in view, it becomes crystal-clear that the act under discussion has simply eliminated the [i]hadd[/i] punishment for rape and added death as a tazir, if the court deems fit. Astonishingly, life imprisonment has been added as an option for tazir, in cases of gang rape, whose earlier sole punishment was death. This reflects double standards, as the corroboration provided in the “statement of objects and reasons” is that judges don’t want to punish gang rapists with death in a number of cases. The onus here is that if judges are reluctant to award death in cases of gang rape, will they ever exercise this punishment in cases of rape?
Despite huge slogans of ‘removing ambiguity’, the act is, in fact, a source of ambiguity. While it removes and modifies a number of sections, it is completely silent as to the fate of cases filed in accordance with the old sections. The hearing and judgment in such cases has now become such a question to which none can furnish a satisfactory answer. Cases will have to be filed afresh, as this seems the most probable scenario, which will only increment the suffering and loss of time & money of the complainants.
Contrary to the sweet title, the act removes the punishment for selling or engraving matter of the nature of ‘qazf’. The tazir for qazf has been removed and despite awareness of such a provision, the consequences have not been measured by anyone. The right of punishing a person for committing qazf against a non-Muhsan woman—which include non-Muslim, minor and insane women—has been eliminated. An imputation of ‘zina’, which is true, albeit, is made only for destroying the reputation of a certain woman, is not punishable—thanks to the recent act; the punishment was there in the old ordinance. The question as to whether such women can seek justice under PPC 499 is a matter of law, but, the fact still remains that such criminals will now get lesser punishment.
Embedding tazirat within the PPC is a very oft-iterated recommendation, but, the consequences aren’t pleasing. The impact of such a provision is effectively zero, provided the transfer is transparent and tazir punishments are preserved. Unfortunately, this is not the case with the present act, which removes all forms of whipping from the tazirat. The punishment for buying or selling prostitutes, is an ideal example in this case, which has been decreased from life imprisonment & whipping to simple imprisonment, which must not exceed 25 years—but, it could be as less as the period already undergone by the accused. The question of ‘who’ will get protection from such a provision is a food for thought for the readers.
Among the various amendments in the procedural laws, a few of them are of considerable interest. Firstly, the punishment for attempting to commit an offence, or abetting an offence, has been omitted. Secondly, a criminal conspiracy of any offence, covered by the hudood ordinance, is not punishable anymore. No imprisonment or similar punishment shall be awarded, upon non-payment of fine by criminals, for the offences mentioned in the hudood ordinance. More surprisingly, a sentence of [i]hadd[/i] can now be remitted by the provincial government or the president—a provision which defies the open injunctions of Islam.
Filled with lacunae, both the article of fornication and false accusation of fornication, reflect the carelessness with which the draft was prepared. The article of false accusation of fornication lacks the exemptions which are mandatory for such sections. Accusation made in good faith is also punishable and words, such as “intending”, etc. have been avoided altogether.
The article of fornication shares the traits of a hurriedly-drafted product. The phrase “a man and woman” is devoid of any further provisions, such as sanity, maturity, etc. The proviso enshrining penetration to be sufficient to constitute the offence, has not only been omitted, but is explicitly removed from the hudood ordinance. Another loophole left in the definition is that the term “married” is used, instead of the phrase “validly married.” Though, such changes are explicitly brought about in the definition of zina, the exact interpretation of such provisions has been left scot-free. Such changes are not unique to the definition and alien to other parts; the punishment has been decreased a lot too. Imprisoning a person for upto 25 years, for selling prostitutes, but, imprisoning upto only 5 years, for actually committing an illicit intercourse (i.e. fornication) is something to which no meaning can be attached.
Changes in the procedure for filing complaints of zina, fornication and qazf, point unmistakably to the inference that eradicating immodesty & immorality, in the society, is no more a duty of the state. Committing fornication, as enshrined by the new act, is not an offence against the state, as the police have been deprived of any authority in the matter. A complaint in the court of magistrate, by someone who dislikes immorality, in his personal capacity, is the only possible way—a path filled with thorns as well as pitfalls. Two witnesses and four witnesses are required, at the time of filing a complaint of, fornication or zina, respectively—a first of its kind in the whole CrPC. And to add more spices, filing a complaint which is not entertained by the presiding officer, is an offence against the state. The state punishes, in a nutshell, those [i]only[/i] who try to eradicate immodesty—but not those who spread it.
A key feature of the act is the inclusion of a provision which debars the conversion of rape cases into adultery, even if adultery is proved beyond the shadow of doubt. Such a provision leads us to another fissure in the act, in that two persons can commit adultery, but lodge an FIR of rape. From the evidence on record, rape would not be proved and since, the case can’t be converted to a zina case, the two offenders will be left free of charge to enjoy another night.
A few may argue that the provisions discussed above will provide relief to the women languishing in jails. Essentially, this argument is based on lack of knowledge, because, the hudood ordinance is not related at all with arresting people—it is the CrPC which is responsible for this. Just for waiting trial, the innocent people who dwell in jail, are actually the victims of the police and the slow judiciary system. The [i]Law Reforms Ordinance, 2006[/i] passed earlier this year, provides that no person shall be arrested for zina barring on an arrest warrant, issued by a court of competent jurisdiction. In addition to this, a case of zina will only be investigated by police officers, who are not lower in rank than an SP. Extending from the premise that no innocent woman was languishing in jail, it is senseless to make such provisions in this regard, which leave lacunae in the curbing of sexual offences.
Despite excessive changes in the procedure of filing complaints for zina and qazf, no change has been made in case of ‘rape’. A point highly capitalized by the media, before the passing of the act, included the miserable state of a woman who had been raped by those police officers, from which she sought help. This point has disappeared in thin air, since the passing of this act, albeit, it has not been remedied yet.
To sum up then, an unbiased view of the whole act will, willingly or unwillingly, turn the compass needle towards the fact that the so-called ‘protection of women’ act is a [i]de facto[/i] effort to accumulate all factors for spreading immorality in the whole society.

Abdul Rehman,
Edwardes College Peshawar,
Wednesday, December 20, 2006 C.E.

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[Available at [url=http://jsmawais.googlepages.com/Critique_WPB.htm]my website[/url]]

Best regards,
Abdul Rehman.
[[url=mailto:jsmawais@gmail.com]Contact me[/url]]

Hard2Hit Thursday, February 01, 2007 05:09 PM
Haqooq-e-Mardaan
 
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Checkout the attachment.


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