ISLAMABAD: With the aim of strengthening punishment for rapists, the sub-committee of the Senate committee on interior has unanimously agreed to amend the punishment for those who commit rape of a minor or a person with mental and physical disability include: “or imprisonment for life but shall not be less than 25 years, along with fine that shall not be less than 1 million rupees.”
The sub-committee, chaired by Senator Samina Mumtaz Zehri, convened on 21 January 2025 at the Parliament House to discuss “The Pakistan Penal Code (Amendment) Bill, 2024,” moved by Senator Mohsin Aziz.
According to the statement of Objectives and Reasons of the bill “The Pakistan Penal Code (Amendment) Bill, 2024,”, “Sexual assault is a traumatic event that affects people in different ways both mentally and physically. Unfortunately, it has been observed that cases of rape have increased these days.
“In the present criminal justice system of Pakistan, there are provisions that whoever commits rape of a minor or a person with mental and physical disability shall be punished with death or Imprisonment of a life but sometimes rapist released due to some lacuna in sub Section (3) of section 376 and the purpose of this amendment is for Improvement in the punishment of rapist.”
Senator Mohsin Aziz, the mover of the bill, emphasised the devastating impact of sexual assaults on victims and highlighted the need for the proposed amendment.
Senator Samina Mumtaz Zehri, the convener of the sub-committee while supporting this viewpoint, expressed concern over societal cruelty towards rape victims.
Senator Zehri also objected to the inclusion of terms such as “physical condition” in the explanations provided by the Chief Commissioner Islamabad Capital Territory (ICT), which stated, “The existing punishment in sub-section (3) is sufficient as there may be many mitigating circumstances like age, material, or physical condition.” She argued that the term “physical condition” is inappropriate, stating that individuals capable of committing heinous crimes like rape cannot use such conditions as mitigating factors.
The committee further deliberated on provincial stances regarding the Bill.
While Punjab and Balochistan supported the proposed amendment, Sindh opposed it, citing inconsistencies with sections 53 and 57 of the Pakistan Penal Code, 1860.
Sindh argued that the proposed punishment in section 376(3) would be impractical without amending these sections to align with the prescribed types and fractions of imprisonment. Following a comprehensive discussion, the committee members unanimously agreed to amend the punishment to include: “or imprisonment for life but shall not be less than 25 years, along with fine that shall not be less than 1 million rupees.” The meeting was attended by Senator Mohsin Aziz and Senator Jam Saifullah Khan, the Special Secretary of the Ministry of Interior, and Senior Draftsman from the Ministry of Law and Justice.
Published in News Daily on 22 January 2025.
