ISLAMABAD, Pakistan, Nov. 15 — After months of debate, the Pakistani
government pushed legislation through Parliament today that would amend the
country’s rape laws, which have been assailed as unfair to women.
The vote, despite continuing opposition from hard-line Islamic parties, was a
litmus test of President Pervez Musharraf’s ability to bring actual reforms in
his program of “enlightened moderation.”
Late tonight, President Musharraf, who is also the military chief, appeared
on state-run television wearing a business suit and congratulated the nation on
the passage of the Women Protection Bill, calling it a historic day.
“This movement of empowerment of women started in 2000,” he added. “This
process of empowerment, protection of women will continue.”
Under the existing laws, known as the Hudood laws, a woman must produce four
witnesses to prove rape. A failure to do so could result in her being charged
with adultery. That stigma alone keeps many women from bringing charges against
their attackers.
The Hudood laws were enacted in 1979 by the country’s last military dictator,
Gen. Mohammad Zia ul-Haq.
The new legislation is subject to approval by the Senate and president, which
are considered formalities. It removes rape from the jurisdiction of Islamic
law, which covers matters like marriage and divorce, and makes it a crime
punishable under Pakistan’s penal code.
The new legislation does away with the requirement for four male witnesses
and will allow convictions to be made on the basis of forensic and
circumstantial evidence.
The new law would make extra-marital sex a criminal offense with penalties of
up to five years or a fine equivalent to $166. This amendment was introduced at
the insistence of religious scholars and was backed by religious opposition
parties. Human rights activists here generally backed the law despite misgivings
about this clause.
The amendment also introduces the concept of statutory rape, outlawing sex
with girls under 16. The Islamic code had banned sex with girls before puberty.
President Musharraf said the government “did not cave in to the mullahs” and
“the section regarding fornication was inserted after consultation with legal
experts and government advisers.”
Mr. Musharraf said the legislation was not in violation of Islam.
The passage of the legislation came after months of drafting, re-drafting and
back-door negotiations between the government and opposition political parties,
as vociferous protests by an alliance of hard-line Islamist parties stalled the
legislation first introduced in August.
Another attempt in September broke down amid vehement opposition by
Islamists. Threats of en-masse resignations by an alliance of religious parties
forced the government not to rush the legislation.
But today, the government broke ahead and Parliament passed the bill in one
sitting.
“We went through a long and lengthy process of consultation on the bill
before its passage in the assembly,” Prime Minister Shaukat Aziz said.
Opposition members from hard-line Islamist parties boycotted the vote and
walked out of the Parliament as the legislation was put forward by Wasi Zafar,
the law minister.
Members from the religious coalition voiced anti-Musharraf slogans including
“America’s friend is a traitor,” alluding to the perception here that the laws
were being amended to placate the United States.
The liberal opposition party of former Prime Minister Benazir Bhutto supported the bill today. Sherry Rehman,
the central information secretary of Ms. Bhutto’s party, said her party “did not
compromise with the government” but decided to support the legislation because
it offered an emancipation and empowerment of women.
“We are not totally satisfied,” Ms. Rehman said. “We wanted a total repeal of
the Hudood laws. But we are hopeful that the bill today is step in the right
direction”.
Human rights advocates had demanded a total repeal of those laws and the move
today was met with guarded words of welcome but also with some expressions of
fear of new abuses.
Farzana Bari, a human rights activist from Pattan, a non-governmental
organization, said she was extremely disappointed that the government had tried
to appease the religious people by incorporating the section regarding
“fornication” in the bill.
Adultery was not an offense against the state before Hudood laws, she said.
The adultery cases taken in the courts could now be abused as judges could be
bribed, Ms. Bari said, adding that this clause “would now open a new chapter of
misuse and abuse.”
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