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Wed. Nov. 15, 2006

News > Asia & Australia

Pakistan Passes Controversial Rape Bill

By  Aamir Latif, IOL Correspondent

Supporters of the ruling party celebrate the passage of the controversial bill. (Reuters)

Supporters of the ruling party celebrate the passage of the controversial bill. (Reuters)

ISLAMABAD — Amid a strong opposition from a six-party alliance of religious parties and one of the two main opposition parties, the National Assembly passed on Wednesday, November 15, the controversial women protection bill with a majority vote to amend the Hudood Ordinance.

The opposition Pakistan peoples Party (PPP) joined hands with the government in adoption of the Women Protection Bill.

However, former prime minister Nawaz Sharif-led Pakistan Muslim League (N) threw its weight in favor of the six-party religious alliance Muttahida Majilsa Amal (MMA).

The main amendment puts the crime of rape under Pakistan's British-influenced secular civil penal code not the Hudood Ordinances, enforced in 1979 by the then military ruler Mohammad Zia-ul-Haq.

This writes off the requirement for four male witnesses and will allow convictions to be made on the basis of two witnesses and forensic and circumstantial evidence.

Under the Hudood code, a man and woman found guilty of having sex outside of marriage could be sentenced to death by stoning or 100 lashes, although that has never been enforced and those convicted of the crime get jail or a fine instead.

The new bill describes adultery instead as lewdness, adding that it must be "willful sexual intercourse" between a man and a woman who are not married.

The punishment is cut to imprisonment of up to five years and a 10,000 rupee fine and will be slapped only against male perpetrator of the offence.

It suggests a similar punishment for any person leveling a false accusation of lewdness.

President Prevez Musharraf, a key US ally, changed Pakistani law in July to allow women detained on charges of adultery and other minor crimes to be released on bail. Hundreds of women were later freed.

Free Sex Zone

"This is an attempt to create a free sex zone in Pakistan," warned Fazal-ur-Rehman.
Lawmakers from the six-party alliance of religious parties walked out of parliament, boycotting the vote.

"This is an attempt to create a free sex zone in Pakistan," MA leader Maulana Fazal-ur-Rehman told the assembly.

"Existing laws are correct and should be maintained ... The changes are not in line with Islamic teaching."

He insisted that the bill has a lot of flaws as the government is sending a message that the problems of women are related to only one clause.

Pakistani women are facing a lot of problems including forced marriages and the custom of exchange marriages, added the opposition leader.

The religious parties have threatened nationwide protests.

The introduction of the bill by the government on Monday, August 21, witnessed the worst pandemonium in Pakistani parliament.

Opposition lawmakers shouted slogans against the government, tore up copies of the amendments and walked out. They accused Musharraf of being a traitor and a friend of America.

Attempts to pass a new bill failed in September in the face of angry opposition.

The amendment bill must be approved by the upper house of parliament before it becomes law.

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