President Alvi promulgates new anti-rape ordinance

ISLAMABAD: President Arif Alvi has promulgated the Anti-Rape Ordinance 2020 which aims to give strict punishments to sex offenders.

Under the Ordinance, special courts will be set up across the country to expedite the trial of rape cases on a priority basis. The special courts will dispose of the rape cases within four months.

The ordinance also suggests setting up Anti-rape Crisis Cells by the prime minister, which will be authorised to conduct medico-legal examination within six hours of the incident.

A database will be prepared with help of National Database and Registration Authority (NADRA) to register the perpetrators of sexual abuse. The ordinance prohibits revealing of the identity of rape victims and makes it a punishable offence.

The ordinance was finalised by the government’s legal time following the instruction of Prime Minister Imran Khan. Last month, Cabinet Committee on Disposal of Legislative Cases (CCLC) approved two anti-rape ordinances aimed at introducing harsher punishments for convicts to curb rape cases in the country.

A meeting of the CCLC chaired by Law Minister Farogh Naseem had approved the ordinance. The Ministry of Law and Justice has revealed the salient features of the two ordinances, which introduced the concept of chemical castration mainly as a form of rehabilitation.

The law ministry informed that the legislation — the Anti-Rape (Investigation and Trial) Ordinance, 2020 and the Criminal Law (Amendment) Ordinance, 2020 — were in line with the constitutional guarantees of Pakistan as well as international treaties.

The laws will now be placed before the cabinet for final approval before being sent to the president to be promulgated. In the 90 days following that, the ordinances must be submitted to the parliament for ratification.

The new law will also provide protection to members of the transgender community. It punishments in the ordinance are different than those in the existing laws for rape cases. Besides chemical castration and capital punishment, there will also be jail terms ranging between 10 years and 25 years.

According to the salient features of the draft Anti-Rape (Investigation and Trial) Ordinance, 2020: Commissioners and deputy commissioners will be responsible for quick registration of rape cases.

Special courts will be established; In-camera trials; Protection for the victim and witnesses; Use of modern devices during investigation and trial; Provision of legal assistance to the victims; Maintenance of data of sex offenders’ registry through NADRA under the ordinance.