The Anti-Rape Ordinance, 2020

On December 15, 2020, President Arif Alvi approved the Anti-Rape Ordinance 2020 which is said to be in line with the constitution of Pakistan and also international treaties. The government says that the legislation will ensure expeditious trial of cases of rape against women and children and will also sanction punishment of chemical castration of convicted rapists.

Registration of Sex Offenders with NADRA

The ordinance will create a national sex offenders register, protect the identity of victims and allow the chemical castration of some offenders. The government now has 120 days to take the measure to parliament and have it permanently passed into law. Until then the law will remain in force.

120 days to pass by the parliament to make into law

The ordinance will create a national sex offenders register, protect the identity of victims and allow the chemical castration of some offenders. The government now has 120 days to take the measure to parliament and have it permanently passed into law. Until then the law will remain in force.

Punishment

Some however have criticized the ordinance, saying the punishments are too harsh and arguing that officials did not follow the necessary consultation process before approving it.

Special fast-track courts

Under the ordinance, special courts are to be established all over the country for speedy trials of accused sexual assailants. The courts will finalize rape cases within four months. Special fast-track courts will hear rape cases and will be expected to reach a verdict within four months. The government says that the legislation will ensure expeditious trial of cases of rape against women and children and will also sanction punishment of chemical castration of convicted rapists.

Chemical castration

Chemical castration requires the use of a drug to diminish testosterone levels and will be applied as a measure to reduce recidivism among sex offenders. It is believed that it would help decrease the risk of convicted sex offenders repeating their crimes. The castration procedure has been used in many of the American states to reduce deviant sexual drive, fantasies, and behavior. First of all, California in 1996 and then other states including Florida, Louisiana, and Wisconsin made castration a provision in their laws. In 2019, Alabama included a chemical castration measure into law. Besides, Indonesia in 2016 amending its law that allowed chemical castration.

Punishment of Chemical Castration to Repeat Rapists

It is important to mention here that punishment of chemical castration to repeat rapists does not solve the issue of rapes permanently. The castration procedure does not cause sterilization and is a very temporary thing. When the chemical castration drug is discontinued, a man becomes normal after between three and five years. However, punishment of 10 to 25 years in prison for rape, and the death penalty or life imprisonment for gang rape awarded under the Pakistan panel code is much better if effectively implemented.

Anti-Rape Crisis Cells

Anti-Rape Crisis Cells are also to be set up which would be empowered to conduct medico-legal examinations within six hours of the incident. The fact is that medical evidence occupies a pivotal role in making prosecution successful in cases of rape and other bodily attacks. A medical examination determines the very nature and extent of injuries and criminal charges in cases of numerous physical attacks that rely on it.

Medico-Legal System in Pakistan

Pakistan lacks an efficient and dependable medico-legal system. Except for a few specialized doctors in government hospitals in urban areas, mostly unqualified doctors are assigned the task of performing medical examinations and they end up using inadequate methodologies and technologies. These doctors have very little comprehension of the evidentiary scope and judicial role of medical examinations in cases of rape and sexual attacks. As a result, unelaborated and unexplained medical reports are submitted in courts, which yield no fruitful results.

There is a lack of female doctors in government hospitals for women survivors/victims of rape and sexual attacks for getting medico legal report in time All these factors have a disturbing effect on survivors or victims who have been unable to secure convictions in their cases in the courts. To get productive medical reports within a set time frame. There is a desperate need to provide medico-legal doctors with specialized training in medical statutes and forensic sciences to get productive medical reports within a set time frame

The investigation by Police and Authorities

According to the ordinance, any police and government authorities found negligent in investigating rape cases would be awarded imprisonment for three years along with fines. Moreover, if some police officers and government functionaries found providing inaccurate information would also be punished.

The fact is that police performance in investigating reported rape cases has not been satisfactory. Because of lack of training, police personnel has been unprofessional with their investigative techniques. They have mainly failed to conduct all-inclusive and well-timed investigations. Moreover, in most cases, the accused have even managed to bribe the police to tamper with witness accounts, etc. All these inconsistencies weaken cases and create complications for the courts.

Identity of Victim not to be disclosed

It is commendable that the ordinance bars revealing the identification of rape victims and declares it a punishable offense. In this regard, the media, police, forensic officials, and social media users should show some empathy in protecting the identity of rape victims. It has been commonly observed that victims of sexual crimes are discriminated against and targeted by society after their identity is disclosed. There is an utmost need to respect rape survivors/victims’ right to privacy and dignity of life. They must not spend the rest of their lives under such social stigma.

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