The federal cabinet has approved two key laws – the Anti-Rape (Investigation & Trial) Ordinance 2020 and the Pakistan Penal Code (Amendment) Ordinance 2020 – that call for the hanging chemical castration of rapists.
The proposed anti-rape laws, however, bar chemical castration of habitual rape offenders without their consent. It supports the hanging of rapists and pedophiles but not publicly.
The Federal Minister of Law and Justice, Dr. Mohammad Farogh Naseem, was charged by Prime Minister Imran Khan to prepare comprehensive anti-rape laws. The premier had formed a three-member team under Farogh Naseem last month to finalize the drafts.
The Cabinet Committee on Legislative Cases met late in November to deliberate over the Anti-Rape (Investigation and Trial) Ordinance 2020 and the Criminal Law (Amendment) Ordinance 2020.
The committee then approved both ordinances, which await the approval from President Arif Alvi.
Under the law, the penalties for rapists include the death penalty, imprisonment for [the] entire life, 10 to 25 years of imprisonment, and chemical castration.
However, the punishment of chemical castration has been introduced as a form of rehabilitation and will require the convict’s consent.
Dr. Naseem explained that the consent of the convict for castration is mandatory under international law.
“If chemical castration is ordered without consent, the convict might challenge this in a court of law.”
However, if a habitual rapist refuses to be castrated, he will be dealt with according to the Pakistan Penal Code (PPC) that states either a death sentence, or life imprisonment, or 25 years in jail for such cases.
Dr. Farogh Naseem added that the court has the right to decide the punishment. It might order castration for either a limited period or lifetime.
Naseem also added that the federal government would establish special courts for speedy trials of rapists by promulgating the two ordinances.
According to the Human Rights Minister, Shireen Mazari, the cabinet had approved two ordinances to “deal holistically with the crime of rape and child abuse.”
The Cabinet approved in principle 2 critical Ordinances to deal holistically with the crime of rape & child abuse & to make the necessary amendments in the PPC: The Anti-Rape (Investigation & Trial) Ordinance 2020 & the Pakistan Penal Code (Amendment) Ordinance 2020.
— Shireen Mazari (@ShireenMazari1) November 24, 2020
Taking to Twitter, Mazari said the legislation included, among other things: an ‘expansive’ definition of rape, the establishment of special courts and anti-rape crisis cells, protection of victims and witnesses, and prohibition of the ‘two-finger’ test.
Pakistan has undergone a number of important reforms in the past few months with respect to women’s rights. Legal measures have been taken to prevent family pardons for those responsible for honor killings and acid attacks.
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