Honour killing cases: Changes to criminal law sought

honour killing

LAHORE: Legal experts, rights activists and members of civil society at a discussion on Monday called for amendments in criminal law to strictly deal with cases of ‘honour’ killings of women.

The participants in the dialogue hosted by Human Rights Commission of Pakistan (HRCP) also stressed upon the need to run awareness campaign to sensitise public and the law-enforcement agencies as well.

The proposed “Honour offences Amendment Bill 2016” was the main concern at the discussion that envisages amendments in sections 299, 302-C 310, 311, 338-E of PPC and section 345 of Cr.P.C. These sections carry punishment and pardon in offences affecting human body from hurt to murder.

At the start of the discussion, rights activist Sohail Akbar Warraich pointed out some conflicting judgments of higher courts in cases of ‘honour’ killings. He said unclear and weak criminal laws led to the complexity of judgments. He said amendments introduced in the past proved to be redundant.

However, Pakistan Bar Council member Azam Nazir Tarar was of the view that there was no need to introduce any major amendment in the existing laws but to change mindset of society including those responsible to exercise and enforce the law.

He said section 338-E of PPC, being a controlling provision of law, empowered trial courts to reject or accept pardon given by complainant to suspect(s).

Mr Tarar had the opinion that the role of legal heirs should come after the conclusion of the trial. He said deciding murder cases on the basis of compromises would be an easy way for judges to boost their case-disposal rate.

Discussing weak prosecution of cases, he said, for the sake of argument, if right of ‘wali’ was confiscated in murder case of social media celebrity Qandeel Baloch, still there would be meager chances of conviction of the suspect(s). LHCBA former president Abid Saqi, former IGP Tehseen Shah, prosecutor Khurram Khan, Ms Khawar Mumtaz, Advocate Sabahat Rizvi and Sarah Sohail were among the other speakers. Advocate Asad Jamal conducted the discussion.

In his concluding note, HRCP Secretary General I.A Rehman said the law alone could not change the situation but without changing law the situation could not be changed.

Dawn

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Transgenders reject inquiry report

Alisha’s death

PESHAWAR: Members of Khyber Pakhtunkhwa Trans-Action Alliance (TAA) on Monday rejected the inquiry committee’s report of the Lady Reading Hospital (LRH) into the death of Alisha and termed it contrary to the facts and circumstances.

Speaking at a news conference at the Press Club, the TAA President, Farzana, said that the inquiry report finalised by the committee of the provincial government only reflected administrative flaws in the hospital while it had not mentioned the trans-phobic behaviour of the staff, which was their primary concern.

Transgender Alisha, who was shot eight times, succumbed to her wounds at the Lady Reading Hospital (LRH) during medical treatment.

“Neither a member of the transgender community nor a family member of the deceased Alisha were given representation on the committee formed by the government to probe the cause of her death and negligence on the part of the hospital staff and doctors,” she said.Farzana said that representatives of the transgender community and the victim family were kept in the dark about the constitution of the committee and the subsequent proceedings.

She recalled that no statement of attendants or friends who were with the deceased during her predicament in LRH or after her death was recorded. The terms of reference (ToRs) of the committee, she said, were not relevant to their demand and that they were never consulted on the ToRs.

Farzana said: “The committee looking into the real issue fired irrelevant doctors instead of fixing responsibility and penalising the culprits. As Dr Liaqat was the only doctor in the LRH who helped the transgender community and supported them has been fired, even that his name has not been included in the inquiry committee.”

Flanked by Qamar Naseem, member of the advisory council of the TAA, transgender community, and others, she alleged that the real culprits and those who were responsible for the negligence and the death of Alisha were Chairman LRH, Director Medical LRH, Director Hospital and Dr Shahabuddin but no action was taken against them because of their positions and political affiliations.

The TAA president said the actions taken by the LRH were unacceptable to them and they rejected the ToRs of the report because it didn’t cover the transphobia faced by the patient and the attendance.

“Dr Liaqat who supported us and treated us well was fired without any reason while no legal action was taken against those recommended by the committee,” she deplored.

The News

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‘Nikahnama key to women’s rights after marriage’

KARACHI: A nikahnama [marriage agreement] plays a pivotal role in upholding or abusing the rights of women after marriage, said Prof Dr Khalid Iraqi, dean faculty of the management and administrative sciences at University of Karachi (KU).

Speaking at a one-day workshop titled ‘Women Reconstruction of Self’, Dr Iraqi was of the view that mental and psychological torture and abuse is the worst form of domestic violence. The workshop was an initiative by Team Break Free – Active Citizens.

Dr Iraqi termed the topic of the talk as an important one which will help create awareness regarding women’s rights among university students.

“Both the bride and groom must be highly vigilant regarding the clauses of the nikahnama,” he cautioned, adding that brides must make their own decisions and also must examine the nikahnama themselves. He said the brides should speak up in order to add any clause they feel is important for their future.

Explaining why the nikahnama must have a clause that ensures future financial protection in the form of haq mehr or dowry, he said, “You have to be brave enough to protect yourself first then others may help you”. In Pakistan, he explained, there is a myth regarding the low divorce rate, that it is due to societal constraints but instead the divorce rate has a strong financial aspect. This is partly why the upper class has a high rate of divorce while living in the same society and culture, he claimed.

During the panel discussion, Barrister Shahida Jamil and Supreme Court advocates Syed Shoaun Nabi and Tahera Hasan termed the word ‘divorce’ a genuine Islamic and legal right of women under khula.

The panelists also agreed upon the notion that domestic violence is illegal and prohibited in Islam. “The police don’t interfere in domestic matters, which is the major cause of domestic violence,” said Jamil.

Former dean of the faculty of management and administrative sciences Prof Dr Abuzar Wajidi termed divorce a major societal issue and called for a joint societal framework to address the issue. “Divorced women should live their lives normally, as life goes on after all tragedies,” he added.

Nabi was of the view that marriage was the very first social contract between men and women and divorce must always be the last option. “Husbands must have a mature mindset and that depends on their upbringing,” he explained.

He also said that lawyers and judges often try to advocate for reconciliation between partners so that a family is not broken and people related to them do not suffer. “One of the main reasons of divorce is the joint family system and, in our society, second marriage is considered a taboo,” Nabi added.

Emphasising on the non-implementation of anti-dowry laws, Hasan said, “There is no lack of laws regarding women’s right to divorce, there is just a lack of will to implement them”.

Psychologist Dr Qudsia Tariq said that divorce becomes necessary and unavoidable when verbal abuse becomes a regular practice. “Not only men are responsible for this, women are also involved in mental and verbal abuse,” she explained.

Other panelists, including Dr Uzma Shujaat, Wali Zahid and Riffat Humayun, termed the issue ‘natural’ as conflicts are bound to happen when human beings are involved with each other.

The Express Tribune

‘New universities, facilities planned for women students’

LAHORE: The government is working hard to provide women greater access to higher education, Minister for Higher Education Begum Zakia Shahnawaz said on Monday. She was presiding over the fifth meeting of the Government College for Women University Faisalabad (Madina Town).

Vice Chancellor Noureen Aziz Qureshi gave a presentation on the university’s performance, administrative activities, educational issues, financial resources, new initiatives and future plans.

Shahnawaz expressed satisfaction over the performance and shared ideas regarding new initiatives at the university. She said the provincial government had allocated Rs46.86 billion for the higher education sector in the budget for 2016-2017. She said additional buildings and necessary equipment would be provided to public universities in Sialkot, Bahawalpur, Rahim Yar Khan, Faisalabad and Multan.

She said a university for women and another IT and engineering university would be established in Sialkot soon. The provincial government had distributed laptops among 400,000 talented students this year, she said. The laptops had cost the government Rs4 billion, she added.

“We are trying to ensure equal opportunity for women to obtain higher education,” said the minister. A new campus for the Government College for Women University Faisalabad was in the works, she said. Shahnawaz directed the university administration to complete repair and renovation of the girls’ hostel. She assured them that the financial cost of development and upgrading existing facilities and infrastructure would be borne by the government.

Vice Chancellor Qureshi told the minister about the history of the Government College for Women University Faisalabad. She said the university’s enrolment was 9,762 – 2,968 students were enrolled in intermediate classes, 5,768 in BS programmes, 706 in post-graduate programmes, 301 in MPhil and 19 PhD programmes. She said 396 acres of land had been earmarked for the new campus on Jaranwala Road, near the bypass.

The VC said that the university had signed MOUs with local, national and international institutions for student and faculty exchange and for uplift programmes. She gave details of facilities available at the university such as the library, water filtration plant, transport, banks, dispensary, canteen, day care centre, bus stops and waiting areas.

Other members of syndicate presented their proposals for various development projects. .

MPAs Madeha Rana and Begum Surayyia Nasim, Women’s University Multan VC Dr Shahida Hussain, Fatima Jinnah University Rawalpindi VC Samina Amin Qadir, Pakistan Institute of Fashion and Textile Designing Lahore Acting VC Hina Tayyaba, Professor Tariq Aziz, Afsar Sajid, and Higher Commission and Finance Department representatives Barikullah and Aamir Saeed attended the meeting.

The Express Tribune: