Pakistan is plagued with a surge in rape cases in these past few years. According to The Current, this past year (12th Oct 2020-12 Oct 2021), around 1040 rape cases were reported in Pakistan. 69 victims lost their lives. A Karachi-based NGO, War Against Rape, reports that only 3% of rapists are convicted in court. The gap in these numbers is enough to realize how alarming the situation is.
In a historic development on Wednesday, Pakistan Parliament allowed chemical castration for serial rapists under a law that also seeks to speed up court trials of sex offenders. Usage of modern technology during the trials and investigation is also a part of the Anti-Rape Bill 2021 passed on Wednesday. However, the chemical castration clause was short-lived, it was removed from the bill yesterday because the Council of Islamic Ideology didn’t approve of it. Here is a timeline of what led the Parliament to adopt the punishment and why it was dropped right after.
What Is Chemical Castration?
Chemical castration is the use of drugs to curb sexual activity and lower the level of make hormones (Healthline). It has the same effect as surgical castration but does not involve surgery. It is reversible.
The bill passed by the Parliament described it as, “a process duly notified by rules framed by the prime minister, whereby a person is rendered incapable of performing sexual intercourse for any period of his life, as may be determined by the court through administration of drugs which shall be conducted through a notified medial board.”
Currently, it is legal in countries including Poland, Czech Reoublic, South Korea and some states in the US.
What Triggered The Adoption Of Chemcial Castration As A Punishment In Pakistan?
A rape case in September 2020 shook the entire nation. A woman was raped by two men at gunpoint in front of her children on a motorway exiting Lahore. The news sparked public outcry and citizens called upon Prime Minister Imran Khan to take immediate action, legalise chemical castration as a punishment, and adopt stricter punishments for rapists. Some even went on to suggest public hanging of serial rapists.
An Anti-Rape Ordinance was adopted in December 2020, which seemed to establish special courts all over the country to ensure speedy trails of sexual assault victims. Establishing Prime Minister’s Anti-Rape Crisis Cells was also a part of the ordinance. The Crisis Cells would ensure medico-legal examination within the first six hours after the incident occurs.
Why Was It Removed?
According to a Parliamentary Secretary on law, Maleeka Bukhari, ” The Islamic Council of Ideology had objected to the punishment of chemical castration for rapists for being an un-Islamic practice, so we decided to remove it from the law.” The council ensures if Pakistani laws are in line with Shariah law and Islam.
Mushtaq Ahmed, Jamaat-i-Islami senator also found the law unislamic. According to him, a rapist should be hanged publicly however, chemical castration isn’t in line with Shariah law. (Dawn)
Moreover, Amenesty International also objected to it and termed chemical castration as “cruel and inhumane.”
Two-Finger Test
It is extremely difficult for rape victims to come out and report rape due to fear of social backlash and the question that plagues their mind: “Will anybody believe me?” Rape is still a taboo topic in a country that reports an average of 10 rape cases a day (Daily Pakistan). And for those who do gather the courage to report it, have to bear with humiliation from the moment they step into a police station to lodge an FIR, as if the physical violation they had gone through wasn’t traumatic enough.
A test as humiliating and violating as the “two-finger” test is still pretty credible to determine if a rape victim is telling the truth or not. So far it has only been banned in Punjab, that too, this year in January. In a country where the conviction rate of rapists is as low as 3%, this test adds to the victim’s ordeal and makes it even more difficult for them to report it. Hence, a punishment like chemical castration would have set a strong precedent for sex offenders and might have helped in reducing sex crimes in Pakistan.
Regardless of chemical castration being dropped as a form of punishment, we need to address the alarming rise in rape cases & punishment offenders. Perhaps we need to find better ways of convicting rape victims & raise conviction rates by making it easier for victims to come forward & report rape, better execution of the law & prompt apprehension of the accused.
We hope the decision to remove the punishment from the bill was made after careful consideration. What are your thoughts on this decision?
The Two Finger Or Virginity Test Finally Outlawed in 2021
Sources used in this article include: The Express Tribune, Dawn, BBC, Reuters, VOA.
