Rizwan Ghani
AFTER the Lahore Motorway tragedy, there is talk of changing the laws. If you look at our laws it is clear that they hardly need any change. The problem is with its implementation, corruption and police. Death penalty for committing a rape is already in the Constitution. Like America, public hanging can be broadcast live as deterrence which doesn’t require any change in the law. As per Criminal Law (Amdt) Offense of Rape Act 2016, DNA testing is mandatory. Custodial rapes get life imprisonment and fine. Raping a minor or a mentally or physically disabled person carries death penalty or life imprisonment. RA 2016 requires investigation officer to record statement of female survivor of rape or sexual harassment in the presence of female police officer or a female family member of the survivor. Rape survivors shall be provided legal aid (if needed) by the Provincial Bar Council. Trials for offences such as rape and related crimes shall be conducted in-camera and also allow for use of technology such as video links to record statements of the victim and witnesses to spare them the humiliation or risk entailed by court appearances.
Under RA 2016, media is restricted from publishing or publicizing the names or any information that would reveal the identity of a victim, except when publishing court judgments. The trial for rape shall conclude within three months. However if the trial is not completed within three months, the case shall be brought to notice of the CJ of the High Court for appropriate directions. The new bill also ensures that sex workers, same sex victims get law’s protection as a matter of right. There should be 1000 special courts across the country for the issues related to violence against women. The statements of PM, other cabinet members and most media shows reveal level of ignorance about our women friendly laws and vested stakes. PM should have been briefed that appropriate punishments already exist for rape including death, life imprisonment. Based on US example, Pakistan can live broadcast death punishment as “public display of hanging” to create required deterrence against rape and other violent crimes. It would have united the country and sent a clear message to help bring an end to such crimes.
The handling of Lahore Motorway tragedy, patchy results and speculations in the media as inside job has yet again exposed corruption in the police. The top leadership of Punjab police is western qualified and has also worked overseas which nullifies the argument that we need to modernize policing. The anti-police protests in America and major capitals of Europe show how modern policing and reforms have failed in the west also. It includes independent police in the UK and USA, mega budgets (USA$115bn) and use of modern technology including body cameras etc. The police defunding movements in the US and Europe show that cut law enforcement budgets and reinvestment in services of community development, physical activities, education and jobs reduces crime and other allied social evils. Police reform experts and data shows that withdrawing 90% police powers, reducing highest rank to captain level and ending their legal immunity is required to end police-politician nexus which is the basis of police corruption and lack of accountability.
As part of our police reforms, cut its Rs400bn budget by 75% which is 50% of Rs750bn PSDP. Return it under Deputy Commissioner as one of the line departments for control. Make captain highest police rank. Public should have more rights and power than office holders, politicians and public servants including police because it gives them “power of attorney” to represent them. The colonial rule era should end in which public was kept under the rulers and police to serve monarchy. Democracy protects the weak against the strong and in parliamentary system leader is first among equals not superior. As per RA 2016, there should be 1000 special courts across the country for the issues related to violence against women. It must be ensured that judiciary gets all the help to run these special courts to dispense justice within three months. The chief justices of high courts have pivotal role in providing relief to the victims by keeping strict oversight by keeping the law ministry, police and media in the loop for robust legal coordination. PM should ask the education and law ministries to run awareness campaigns based on RA 2016 to guide women to get their legal rights. We are responsible for negative fallout of Lahore Motorway tragedy due to lack of knowledge about strengths of Pakistan. There is RA 2016, strong independent judiciary, 1000 dedicated special courts for violence against women and vibrant media. But unfortunately it is clear from the statements of PM, other cabinet members and interview of Head of FOSPAH that they don’t know about country’s existing laws and infrastructure for women. If our authorities had used it correctly it would have set an example for the modern world on how to dispense justice to victims of rape in record time. Justice can still be done instead of doing politics.
—The writer is senior political analyst based in Islamabad.
