President approves Anti-Rape Ordinance, 2020

Updated 16 Dec, 2020

ISLAMABAD: President Dr Arif Alvi Tuesday approved the Anti-Rape Ordinance, 2020, to ensure speedy trials in cases of sexual abuse against women and children.

Under the ordinance, special courts will be set up across the country to expedite trial of rape cases on priority basis. The special courts will dispose of the rape cases within four months.

The ordinance also suggests setting up of anti-rape crisis cells by the prime minister, which will be authorised to conduct medico-legal examination within six hours of the incident.

The ordinance prohibits revealing the identity of victims and making it a punishable offense. A record will be prepared at the national level with the help of National Database and Registration Authority to register the perpetrators of sexual abuse.

President Alvi tweeted about the ordinance approval and what the ordinance was, on Tuesday.

According to a statement issued by the Law Ministry, the Anti-Rape (Investigation and Trial) Ordinance, 2020 and the Criminal Law (Amendment) Ordinance, 2020 introduce the concept of chemical castration mainly as a "form of rehabilitation". "The two state of the art pieces of legislation are in line with the Constitutional guarantees of Pakistan, as also the International treaties," it read.

Anti-rape crisis cells headed by a commissioner or deputy commissioner will be set up to ensure prompt registration of an FIR, medical examination, and forensic analysis.

The law abolishes the inhumane and degrading two-finger virginity testing for rape victims during medico-legal examination, and eliminates any attachment of probative value to it.

The ordinance also bars the cross-examination of a rape survivor by the accused.

Only the judge and lawyer of accused will be able to cross-examine the survivor.

Three weeks ago, Prime Minister Imran Khan had approved, in principle, a law for the chemical castration of rapists. The decision was made during a federal cabinet meeting, wherein, the Law Ministry presented a draft of the anti-rape ordinance. There has been much debate around rape laws in Pakistan. The incident of Kasur's Zainab and more recently the motorway gang-rape in Lahore sparked a debate on the severity of punishment to prevent sexual assaults.

Copyright Business Recorder, 2020

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