No pardon for rape
AN important aspect of procedural law pertaining to the crime of rape, and one that most certainly serves the cause of justice, was recently reiterated in a sessions court in Karachi.
In a case where a school teacher was sexually assaulted in Karachi in March 2017, the court found the accused guilty and rejected a compromise between him and the victim’s father as a basis of acquittal.
Holding that an out-of-court settlement has no legal value in rape cases, the judge sentenced the defendant to 10 years behind bars. Her approach adhered to the law: the crime of rape is not included among the compoundable offences listed under Section 345 of the Criminal Procedure Code, which expressly says “No offence shall be compounded except as provided by this section”.
Nevertheless, courts still make appalling errors of judgement. In 2012, a trial court acquitted men accused of gang rape after they came to an out-of-court settlement with the father of the victim.
Fortunately, the Supreme Court struck down the lower court’s ruling. But similar travesties of justice continue to take place. For example, in December 2022, the Peshawar High Court set aside the sentence of life imprisonment awarded to a man for sexual assault because he married the victim as a result of a compromise.
Cultural filters and biases can often lead to faulty applications of the law. In a deeply inequitable society, the compounding of offences can lead to outcomes completely at odds with the principles of justice.
This is perhaps most starkly seen in cases of ‘honour killing’ where, unlike other types of murder, the families of the victims and the perpetrators are the same. This has allowed murderers to go free when the victims’ next of kin have ‘pardoned’ them — a grotesque iteration of ‘keeping it in the family’.
After the public outrage at the murder of social media celebrity Qandeel Baloch at the hands of her brother, legislators brought an amendment to the relevant law. Fundamentally, this amendment changed nothing. Honour killing remains compoundable; the court continues, as before, to have discretionary power to award punishment to perpetrators even if they are pardoned by the family of the victim.
Only the minimum punishment that may be awarded has been enhanced — from 10 years’ imprisonment to imprisonment for life.
The acquittal of Qandeel’s brother on appeal by the Lahore High Court is further evidence that the law needs revision, but it also offers an insight into society’s misogynistic bent.
However, in most cases of murder, even willful murder, the deciding factor in whether justice is done is the social standing of the victim’s family. If they can be browbeaten into a ‘compromise’, then killers walk free. Surely those who commit this most terrible of crimes should not get away with it.
Published in Dawn, February 7th, 2023
Health insurance
THE planning ministry is reported to have raised objections to Punjab’s flagship universal health coverage programme. It has branded the expenditure on the free health insurance initiative, launched by the previous PTI government, as wasteful and untargeted. The ministry’s opposition to the project is regrettable, even though it is unlikely to result in the scheme’s shutdown, unless the provincial caretaker dispensation decides to toe the centre’s’ dictates. It will be a big mistake if the government decides to abolish this public welfare initiative over fears that its political adversary could cash in on it in the elections, or because some myopic bureaucrats are not capable of seeing its value for low-income people who cannot afford to pay for hospitalisation, surgeries, and other expensive medical treatments. While the health insurance scheme is for everyone, data shows that over 3.1m people who have benefited from this facility so far come from low- to middle-income households who could not otherwise have afforded the actual cost of the required medical intervention from their personal, meagre resources. It is also incorrect that international lenders are opposed to the programme. After all, universal health coverage is one of the core MDGs adopted in the UN and WHO’s strategic agenda to protect the most vulnerable segments.
True, the initiative needs some improvements to ensure that its gains are delivered to the people living in remote areas, where quality hospitals and healthcare facilities are absent. It will take some time, perhaps years, before every permanent resident of Punjab is able to use the free health insurance facility. Pakistan is much behind other South Asian countries like India, Bangladesh and Sri Lanka in terms of the availability of quality healthcare and its accessibility to the poor and vulnerable groups, particularly women and children, who are more prone to disease and cannot afford medical treatment on their own. The situation demands that the government reinforce universal health coverage under the health insurance scheme on a fast-track basis rather than roll it back. This will ultimately plug the leakages in the health budget and compel public-sector hospitals to improve patient management and service delivery in order to compete with their private counterparts. It goes without saying that the success of the health insurance project will cut down the government’s current wasteful spending on its hospitals, besides making the healthcare system more efficient.
Published in Dawn, February 7th, 2023
The people’s demands
AS the people of KP are literally on the frontline of the battle against terrorism and violent extremism, they are bravely raising the loudest voices against this resurgent menace. Mass protests were witnessed in several KP areas on Sunday as people took to the streets to demand an end to terrorism, and the establishment of peace. Demonstrations were held in Mohmand, Lakki Marwat as well as Malakand. While Pashtun Tahaffuz Movement and ANP leaders were present at the Mohmand event, representatives of parties from across the political spectrum attended demonstrations in other parts of KP. Such large protests were also held as militancy began to rear its ugly head in the region last year, when the ceasefire between the banned TTP and the state started faltering. These protests have gained frequency after last week’s brutal Police Lines bombing in Peshawar; in fact, in an unprecedented move, KP policemen in Peshawar and other cities held demonstrations in uniform demanding justice for their fallen colleagues following the atrocity. The common denominator running through all these protests is a call for the state to crack down on terrorism, and guarantee peace.
The people of KP in particular, and the country in general, need to be reassured by the state that everything possible is being done to reverse the rising tide of violence, and keep them safe. A government-sponsored multiparty conference is due to be held in Islamabad later this week to discuss the challenges facing the nation. It is hoped that the political class comes up with practical solutions regarding an effective counterterrorism strategy, and that the state, opposition and establishment combine their efforts to realise the goal of fighting terrorism. There can be no room for petty politics and sniping when the ogre of terrorism is battering the door. The people want to know what plans the state has to stem violence, and want these plans implemented without further delay.
Published in Dawn, February 7th, 2023