Hudood Ordinances
The Hudood Ordinances in Pakistan were recently amended to make rape a punishable crime. In the past, conviction of an accused for rape required four male witnesses. However, the 2006 Act abolished this requirement and changed the laws to make rape a crime under the Penal Code. The new law focuses on circumstantial and forensic evidence instead of witness testimony. It also abolishes the practice of converting rape cases to Zina.
Pakistan’s Hudood Ordinances, which were passed in 1979, criminalize adultery, rape, and non-marital sex. The criminalization of such acts renders most sexual assault victims unable to obtain justice. However, recent amendments to the Hudood Ordinances do not go far enough to reform the Hudood Ordinances.
The Hudood Ordinances changed the definition of rape in Pakistan, defining it as zina’ bi’l jabr, or “sexual intercourse outside marriage.” This new definition allowed perpetrators to prosecute children who previously enjoyed protection under the Pakistani Penal Code. In addition, the new law defined zina’ bi’l jababr as sexual intercourse with or without the consent of a girl under the age of 14.
Religious violence
Human rights activists are increasingly concerned with reports of blasphemy and religious violence in Pakistan, particularly in the Shia community. The government has repeatedly banned or curtailed public gatherings on religious holidays and has imposed multitier schedules for religiously oriented groups. In September and October, Sunni groups held large sectarian rallies in Peshawar and Karachi, warning religious minorities of dire consequences if they commit blasphemy against the Prophet Mohammed and his companions. Religious minorities have also complained about the rise of forced conversions and kidnappings. In October alone, the Center for Social Justice reported at least 41 forced conversions and forced marriages. In addition, the group continued to document attacks on religious places.
There has also been a rise in religious violence in Pakistan, with unidentified individuals targeting Christians, Hindus, and Ahmadi Muslims. The attacks have often been motivated by accusations of blasphemy. A recent attack on a Sri Lankan Christian restaurant manager by Muslim workers in Sialkot resulted in her death. After the attack, Prime Minister Imran Khan ordered an inquiry and authorities arrested over 100 suspects.
The government has a responsibility to protect religious minorities and to prevent religious persecution. It must also ensure the freedom of religion. The situation of religious freedom in Pakistan is constantly deteriorating. Moreover, numerous violations continue to occur under Prime Minister Imran Khan’s government. Asma Jahangir, one of the country’s most prominent human rights lawyers, died on February 11, leaving a gaping hole in the community of people who fight for human rights.
NGOs and human rights activists have expressed their concern over a lack of government response to societal violence against religious minorities. In particular, they point to the government’s inaction in cases of forced conversion and marriage. Despite these protests, the government did take action, setting up a special police unit in all provinces and enhancing security measures during religious holidays.
Despite the recent arrests, many cases of religious violence and abuse continue. Hindus and Christians have been targeted by religious groups, despite their beliefs. Some incidents have been covered by the English-language media. In Peshawar, Jamaat-e-Islami organized a major rally, calling on the government to enforce Islamic law. Meanwhile, TLP organized smaller rallies.
Prison conditions
Pakistan’s prisons are notorious for their harsh treatment of prisoners. They have limited resources and are overcrowded, making them an unsuitable place for rehabilitation. Prisoners are often from lower socioeconomic classes who have committed crimes. These individuals are not likely to speak up for their human rights, making them vulnerable to human rights violations in prisons.
The human rights ministry of Pakistan recently released a report highlighting the poor prison conditions in Pakistan. The report notes that prisoners often suffer from inadequate medical care and are deprived of the basic necessities of life. Human Rights Watch urges the government to implement the report’s recommendations, including ensuring that women are adequately cared for in prison.
The number of prisoners released on parole is low, with only seven prisoners released in Sindh and five in the NWFP. It is important to streamline the parole procedure so that prisoners can be released as soon as possible. Prisoners should also be allowed to work in domestic service, industry, trade, and commercial institutions. Parolees should be allowed to negotiate the terms of their work. They should be paid an appropriate wage.
In the same vein, the committee constituted by the Government of Sindh was also responsible for prison reforms in Pakistan. After the discussions, the Committee adopted a report on jail reforms. The report included recommendations for a range of measures, from privatization of existing jails to proper wages for prisoners employed in these centers.
In Pakistan, there is a legal system that has been established to protect the rights of prisoners. The Supreme Court has ruled on many cases where death sentences have been overturned. In Pakistan, legal aid is provided but in practice, it is insufficient. According to Justice Project Pakistan, there are only a few legal aid lawyers and they are underpaid. Therefore, many prisoners hire private lawyers, at considerable cost. However, most of these lawyers do not visit the prisoners and only meet with their clients in court.
Imran Khan has appointed a committee to investigate the conditions of women’s prisons. The committee includes the federal minister for human rights, representatives of provincial and regional governments, and civil society groups. The report highlights a number of issues, including violence against women. On September 2, a Supreme Court decision ordered the release of a number of women prisoners. This decision was made to ease prison congestion and to curb the spread of the Covid-19 virus. The government is now considering releasing the women as soon as possible, but this is only the first step.