LAHORE: Governor Punjab Malik Rafique Rajwana on Monday signed the Women protection Bill. The bill approved by the Punjab assembly. Punjab Assembly Ka Tahafuz-e-Khawateen Bill – by Prof. Riffat Mazhar – 28th February Posted By: Prof. Riffat Mazhar on February Huqooq e niswan act by mufti muneeb ur rehman. Women right and women protection bill in pakistan. Kati Kokab. Women right and women.
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NET All third party material is protected by their owners. Besides that, the discretionary punishment prescribed by the Hudood ordinance in case four witnesses could not be procured has been altered as follows: From this becomes clear that if any woman is forced to commit Zina, then she cannot be punished for this, rather the one who transgressed will have to suffer the prescribed punishment Hadd which has been mentioned in Surah Noor, Ayat 2.
On the other hand, the bill has been fiercely criticised by Islamist groups in Pakistan,  and religious parties boycotted the parliamentary vote on the bill on the basis that it was inaugurating an era of “free sex. Meraj ul Huda Siddiqui Dr.
Governor Punjab signs Women Protection Bill – NewsOne
The court hearing this case will not be able to take any action because due to the above clause it is no more authorized to convert a case of rape into a case of lewdness. Pakistani politicians, just when you get bored of their regular insanity, they come with something new and extraordinarily insane. But in order to further eliminate this risk, there should be a law according to which this kind of investigation should be made by an officer whose rank is not less than that of an SP.
No court of law can be in its right mind to award such a punishment.
Hoqoqeniswan bill part1
Tariq Fazal Chaudhary Dr. Now the Hadd for Zina bir Radha, prescribed in the fifth article of the Hudood Ordinance, and for which four witnesses are a prerequisite, has been retained in the said bill, but in article 8 has been stated that this kind of offence is no longer under police jurisdiction jaqooq anyone should take four witnesses and lodge a complaint in the court, and that one cannot register an FIR with the police.
The Bill removes the right of police to detain people suspected of having sex outside of marriage, instead requiring a formal accusation in court.
How can you expect it to be a positive or constructive? Once a case regarding Hadd is decided by a court then giving the right to the provincial government to condone or reduce the punishment given by the court is against Quran and Sunnah.
R Shahid Aziz Lt. Gen R Abdul Qayyum Lt.
Both kinds of mankind need each other to stay alive and flourish. Thus according to article 20, point niswna of the Hudood ordinance, the authority of foregoing, altering or reducing a punishment which the martial law has given the provincial governments, shall not be applicable in case of Hudood. Thereafter the culprit will either go free, or the complaint will have to be lodged another time, so that the bbill takes up its proceedings again.
When hzqooq cases were reported, the shariah bench of the Supreme Court used the Hudood Ordinance and its niswsn clause no. The fact of the matter is that I myself have been directly hearing cases registered under Hudood Ordinance, first as a Judge of Federal Shariah Court and then for 17 years as a member of Shariah Appellate Bench of the Supreme Court.
What we need to think is that if a woman was unable to present four witnesses and she was given punishment, which clause of Hudood Ordinance was used to award her the punishment? Rana Sanaullah showing his gutter mentality as usual, is there some way to cap Women fearing conviction under Section 10 2 frequently bring charges of rape under 10 3 against their alleged partners.
Apart from a few deficiencies discussed in detail earlier, the main lacunas of the bill are as follows: However, if one was to assume that this risk has not yet been fully eliminated, then one could draft a law according to which no woman claiming to have been a victim of rape could be arrested under any article of the Hudood Ordinance, until the court has delivered its final judgment.
It is also being claimed that the bill does not violate the injunctions of Quran and Sunnah. Ramesh Kumar Vankwani Dr. As a result cases will switch from one court to another and judicial complications will arise.
The FSC finding no circumstantial evidence to support the latter charge, convict the male accused under section 10 2 …. How much they are in line with the claims being made. What we need to think is that disallowing the courts registering a case against such a person is nothing but providing protection to lewdness.
After repealing this clause and especially after annulling the definition of nikah from the Hudood Ordinance through this bill, one more time there are possibilities that the women will suffer in the new situation. This page was last edited on 7 Marchat Then the courts will get entangled with all sorts of legal intricacies and take considerable time to construe and interpret the new laws.
Nowhere in the whole legal system pertaining to testimony—apart from Hudood—has been made mention of a certain minimum bil, of witnesses. However, some religious parties have called the bill Un-Islamic and by extension unconstitutional, however haqoo Supreme Court of Pakistan has not overturned the Bill on the grounds that it violates the Islamic provisions in Pakistan’s constitution, hence stands to the present day.
Hudood Qawaneen main Tarameem – Huqooq-e-Niswan Bill Kiya hay – Institute of Policy Studies
All rights reserved unless where otherwise noted. After oaths from both sides have taken place the marriage will dissolve. Pakistan’s largest province, Punjab passed another women’s bill which instituted further reforms this is pending before the courts on grounds of unconstitutionality.
Leave a Reply Click here to cancel reply. Disobedience of any hqooq, protection, residence or monetary order more than once will be penalized by a billl year jail bjll or a fine of Rs5 lac. In case of wrongful accusation, a 3 month jail sentence or a fine of Rs50, to one lac or both may be ordered. While in this case two eye-witnesses are not available. They were not asked to produce four witnesses, but to furnish circumstantial evidence. We are using third party links for live tvs. Moreover, proving it has been made nearly impossible.
By declaring adultery Zina bil Razawhich is liable to Hadd, and lewdness above the jurisdiction of police, these nidwan have been virtually made offences that cannot be punished at all.
Haqooq Niswan Bill By Prof. The way in which the Hadd of Zina bil Jabr Rape has been abolished in the under discussion bill, is completely against the injunctions of Quran and Sunnah. The bill approved by the Punjab assembly on February 24 was signed by the governor after which its gazette notification was issued. Different cases come with different situations, which is why as per the military Act the court is already authorized to free the criminal on personal bond if the situation so jiswan and similarly it can ask for additional guarantees if it deems necessary.
At a time when zina bil raza adultery was not a crime, the rape criminals used to adopt this line that what they did was with the free will of the woman.