ISLAMABAD: The Cabinet Committee on Legislative Case (CCLC) has submitted the much talked about Anti-Rape (Investigation and Trial) Ordinance meant to establish special courts and the Pakistan Penal Code (Amendment) Ordinance, 2020, to the Federal Cabinet for approval, official sources told Business Recorder.
On November 26, 2002, the CCLC was apprised that in recent years offences against women and children, especially pertaining to rape and child abuse have increased manifold in the country.
The reasons leading to such offences include poor investigation, archaic procedures and rules of evidence and delay in the trial, resulting in almost no conviction in the said cases. To effectively eradicate these offences, there is a dire need for a special law to establish Special Courts, provide special procedures for speedy trial, joint investigation team and Anti-Rape Crises Cells etc.
The meeting was informed that a first draft Ordinance "the Anti-Rape (Investigation and Trial) Ordinance, 2020" has been prepared of which the salient features are as follows:
(i) establishment of Special Courts; (ii) creation, of Anti-Rape Crisis Cells to be headed by the Deputy Commissioners, who will ensure prompt registration of the FIR, medical examination and forensic analysis etc; (iii) use of modern devices during investigation and trial; (iv) legal assistance to the victims on pro bono basis; (v) creation of Independent Support Advisers, who will provide support to the victims; (vi) appointment of special prosecutors for Special Courts; (vii) investigation by JITs headed by District Police Officers; (viii) creation of a Special Committee on pro bono basis to ensure overall implementation of the law; (ix) rules by the Prime Minister, upon the recommendation of the Special Committee for the purposes of issuing medico-legal examination and investigation and prosecution guidelines, to be based upon the latest modern techniques and devices etc; (x) maintenance of data of sex offenders through NADRA; and (xi) a public reporting mechanism has also been introduced since the entire nation has been called upon to fight the menace of sexual offences against women and children.
It was further apprised that a second draft Ordinance namely "Criminal Law (Amendment) Ordinance, 2020" has also been prepared.
The salient features of the second draft Ordinance are as follows:- (i) substitution of the existing section 375 of the PPC with a new provision so as to provide new definition of "rape", which would extend to females of all ages and male victims under the age of 18 years; in addition to rape, the offence of gang rape under section 375A PPC has also been addressed; and (ii) in respect of first or repeated offenders, the concept of chemical castration has also been introduced.
The meeting was further informed that in terms of the Rules of Business, 1973, Ministry of Interior is the concerned Ministry to deal with this legislation and in this respect, No Objection Certificate (NOC), for the purpose of legislation has been obtained from the Ministry.
It was also apprised that the federal cabinet, in its meeting held on November 24, 2020 granted approval in principle, to further process the legislation, as per Rules of Business, 1973.
Copyright Business Recorder, 2020