The Senate on Monday unanimously passed four private members' bills namely the anti-honour killings laws amendment bill, the bill to amend the Qanoon-e-Shahdat Order 1984, the bill to amend the privatisation commission ordinance 2000 and the bill to provide for the prevention of torture, custodial death and custodial rape. All the four bills were moved by Pakistan People's Party (PPP).
The anti-honour killings laws amendment bill, the bill to amend the Qanooni Shahdat Order 1984 and the bill to amend the privatisation commission ordinance 2000 were moved by Senator Sughra Imam. Senator Babar moved the bill titled 'The prevention of torture, custodial death and custodial rape'. Earlier in January this year, all the four bills had been unanimously endorsed by Senate Standing Committee on Interior.
The anti-torture bill makes inadmissible as evidence statements obtained as a result of torture besides prescribing life imprisonment and fine of three million rupees for custodial death or custodial rape and a minimum of five years in jail and fine up to one million rupees for torture. No reason including a state of war, emergency, political instability or an order of a superior authority shall constitute a defence against torture, according to the bill. No offence under it shall be compoundable and all offences will be cognisable and non-bailable.
No female shall be detained to extract information regarding the whereabouts of a person accused of any offence. A female can be taken into custody only by a female public servant and not by any male. A public servant accused of torture shall prior to initiation of the investigation, be suspended or transferred to a different location. The Sessions Court shall have exclusive jurisdiction to try offences.
It defines "Torture" as inflicting physical or mental pain upon another person in custody, for obtaining any information or a confession or harassing and molesting a woman for this purpose. Complaints of torture may be filed either with the FIA or before a Session Judge against any person, including a public servant. Investigation in complaints of torture shall be completed within 14 days.
Trials shall be completed within three weeks. Appeals can be filed before the respective High Court within 10 days and decided in 30 days. Complaints filed with malafide intent are punishable with imprisonment up to one year or with fine of up to one lac rupees. The provisions of this Act override all other laws and the rules are to be framed by the Federal Government.
Giving rationale for the bill, Senator Babar said Pakistan signed the Convention against Torture in 2008 and ratified it in 2010. Enabling legislation was now required to be adopted to define torture and prescribe punishment for it. The bills have yet to traverse some distance and overcome hurdles before becoming laws of the land. These will now to the National Assembly for adoption and then to the President for accent.
Senator Babar expressed the hope that the government which did not oppose the Bills in the Senate would also not oppose those in the National Assembly. He said the adoption of the bills was not the victory of any individual or party but of the entire house comprising all political parties as those were adopted unanimously. He said it was a welcome and positive development that the bills were adopted unanimously. Senator Saifulalh Magsi moved a motion seeking discussion on supply of contaminated water in federal capital. He said that according parliamentary committee on water resources (PCWR), 59 percent drinking water in capital was contaminated, which affected 75 percent total population of the city.
He regretted, "if this is the situation of the capital what can we expect about other cities," adding the government was spending Rs 112 million under the pretext of supplying clean drinking water to the city. Senator Taj Haider of PPP said it was very simple technology but the government had no will to ensure clean drinking water to people. He said PPP government in Sindh had successfully provided clean drinking water to 75 percent area of Tharparker.
He said the government should learn from developed countries how they ensured clean drinking water to their citizens, adding a third world country like Bangladesh had also overcome the contaminated water issue. He also said the reason why Pakistan had failed to ensure clean drinking water was because the 'mineral water mafia' was so powerful and it always created hurdle in order to sell their product in the market, and that too not so up to the mark.
Sheikh Aftab, State Minister for Parliamentary Affairs assured to take stern action against those involved in supplying contaminated drinking water to citizens in capital in light PCWR report. Chairman Senate Syed Nayyar Hussain Bokhari said there should be proper law to penalise the concerned authorities for their negligence despite having the desires resources of funding by the government. The house was adjourned to meet again on Tuesday at 10am.
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