BY IRFAN BUKHARI, PAKISTAN TODAY, 16-11-2011

ISLAMABAD - In a landmark legislation that brings an end to brutal centuries-old traditions and social practices against women, the National Assembly unanimously passed the Prevention of Anti-Women Practices (Criminal Law Amendment) Bill of 2011 on Tuesday, which declares exploitation of and discrimination against women a crime punishable under the Pakistan Penal Code (PPC). The private member’s bill, moved by Pakistan Muslim League-Quaid (PML-Q) MNA Dr Doniya Aziz, will now go to the Senate for ratification and if it is also passed by the Upper House, it will be sent to the president, who will then sign it into law.
“Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badal-e-sulh, wanni, or swara or any other custom or practice under any name in consideration of settling a civil dispute or a criminal liability shall be punished with imprisonment of either description for a term which may extend to seven years and shall not be less than three years and shall also be liable to fine of Rs 500,000,” the bill states. This bill was tabled in the National Assembly in October but was put on hold because of some legal lacunae and opposition from several treasury members. A similar bill had been introduced in the National Assembly by PML-Q President Chaudhry Shujaat Hussain in 2006 but was not passed.
The bill also seeks to prohibit depriving a woman from inheriting property by adding a new chapter titled “Offences Against Women” to the PPC. “Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to 10 years but not less than five years or with a fine of Rs 1,000,000,” says the bill. Similarly, when this bill becomes law, forced marriage will also be declared a punishable offence.
“Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of description for a term, which may not be less than three years and shall also be liable to fine of Rs 500,000,” says the bill.
Prohibition of ‘marriage’ to the Holy Quran is a significant step forward to rein in the feudal culture and traditions. “Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to seven years but shall not be less than three years and shall be liable to fine of Rs 500,000,” says the bill. The bill states that an oath by a woman on the Holy Quran to remain unmarried for the rest of her life or not to claim her share of inheritance would be deemed ‘marriage’ to the Holy Quran.
The provincial governments have also been legally barred from interfering in sentences of rape by inserting a new section (402D) in the Code of Criminal Procedure. “Notwithstanding anything contained in sections 401, 402 or 402B, the provincial governments shall not suspend, remit or commute any sentence passed under section 376 of the PPC,” says the bill.
The statement of objects and reasons of the bill explains that there are several practices in vogue in the country which are not only against human dignity but also violate human rights. “Such customary norms are likewise contrary to Islamic injunctions. It is, therefore, necessary that such inhumane practices and customs are done away forthwith and the persons continuing such practices be dealt with severely by providing penal and financial liabilities,” the statement said.