PMLN, PPP, PTI oppose public hanging of rapists

ISLAMABAD: In a rare show of unity, Pakistan Muslim League Nawaz (PMLN), Pakistan Peoples Party (PPP) and Pakistan Tehreek-e-Insaf (PTI) joined hands in the Senate Monday to oppose a motion seeking immediate consideration of the Criminal Laws (Amendment) Bill 2023.

By blocking the motion, they opposed the bill on the first sitting of the 335th session of the House, which proposed public hanging for rape offenders by a majority vote of 24 against 14. The bill was moved by Jamaat-e-Islami’s Senator Mushtaq Ahmad.

On a private members day, PPP Vice President Senator Sherry Rehman stood up first to object to the proposal to introduce public executions for rapists through amendments to the Pakistan Penal Code (PPC) and Criminal Procedure Code. She contended that it would be a counter effective measure in deterring sexual crimes and urged improved prosecutions and investigations instead to address the matter.

Referring to her party’s position, she pointed out, “Pakistan Peoples Party has always had a principled stance against the death penalty, whether public or private. While the PPP staunchly condemns rape as a heinous and grave crime, calling for the death penalty or public executions, as seen in various countries, have not proven to be effective in deterring sexual crimes”.

She emphasised, “We must prioritise enhancing prosecutions and investigations rather than resorting to barbarism and violence within society. There have been historical attempts at public executions during Ziaul Haq’s era which failed to reduce crime”.

Senator Sherry cautioned that if public hanging was advocated for one crime, then it would be demanded for other offences as well, whereas PPP focuses on the importance of addressing the prevailing anger towards violence and sexual crimes through comprehensive measures, including improved funding for the police, enhanced criminal investigations, and better training for officers handling rape cases.

She talked about her party’s commitment to human rights principles, and advocated for comprehensive solutions and the reallocation of resources to better support survivors. “We reject the notion that public hangings serve as an effective solution and call for careful consideration of crimes, fair trials, and increased conviction rates as more practical deterrents, as Pakistan already has life-sentence punishment for rape,” she pointed out.

Senior leader of PMLN Senator Irfan Siddiqui was also on his feet to oppose the proposed legislation, saying there were negative impressions about Pakistan related to extremism, violence, oppression and harassment of women. He said as far as severity of the crime was concerned, it demanded stringent punishment. However, he did not agree to elimination of capital punishment, being Sherry Rehman’s contention but insisted that public hangings would not have a positive and pleasant effect on children and society as a whole.

He also contended that the proposed legislation would affect Pakistan’s image internationally and promote cruelty too.

PMLN’s senior leader and the Leader of the House in the Senate Muhammad Ishaq Dar argued that capital punishment for the offence was already there in the law and opposed the amendment to the extent of public hanging.

PPP Senator Taj Haider strongly advocated the need to reform criminal justice and prison systems, involving training to reform the jail inmates to become responsible citizens. He referred to the work of an NGO of reformation of 4,000 prisoners and said that 3,800 out of them were leading constructive life. He also referred to an event putting on display the Quranic calligraphy work of prisoners. “According respect to humanity can help reform society while public hangings erode respect for humanity,” he said.

PTI’s Barrister Ali Zafar opposed the proposed legislation and called for strengthening the investigation and prosecution system. The National Party’s Tahir Bizenjo pointed out the justice system was in a bad shape like the recently held rigged elections. “There will be no need for executions if provision of justice is ensured and root-causes of crime are addressed,” he believed.

Another Senator of PMLN Saadia Abbasi said the proposed legislation would not help society and recalled the reaction of public flogging during Ziaul Haq’s era was known to all.

Ex-Minister of State Shahadat Awan said public hanging would be against dignity of man guaranteed under Article 14 of the Constitution. He pointed out the Supreme Court had also held in 1994 that public hanging violates dignity of a person to be executed.

PMLQ’s Kamil Ali Agha said it would be wrong to say it does not happen anywhere in the world, explaining capital punishment in the United States is implemented by poison injections, which comes to public domain when their videos are released. He said the expression of dignity of man must not be linked with a person involved in such heinous crimes.

JI’s Senator Mushtaq Ahmed said the bill would eliminate and not promote cruelty and barbarism in society, asking, “what about the dignity of rape victims: Is dignity only for offenders”.

Then he referred to Article 2-A of the Constitution which makes Quran and Sunnah the supreme law of the country. He added the proposed amendment was in line with demands of the Constitution, asking the senators not to be afraid of the United States and Europe.

JUI-Fazl’s Maulana Faiz Muhammad supported the proposed amendment, saying it was a Quranic concept.

Moments after recitation from the Holy Quran was over, around 8-10 senators belonging to PTI and JI came in front of the dais of the chairman and protested alleged rigging in general election. Some of them carried placards inscribed with slogans against rigged election. They wore black arm-bands.

While demanding that they should be allowed to speak over the matter, they also raised slogans of fake election unacceptable. Chairman Senate insisted that he should deal with leave applications of the members and that they bring a motion in the House to debate the matter.

JUI-Fazl Senator Kamran Murtaza, who was the first one to get a chance to speak over the issue, said that shutdowns against election rigging had brought Balochistan to a halt while the same problem persisted in Khyber-Pakhtunkhwa and Sindh. He added what kind of election was held in Punjab, the Rawalpindi commissioner had talked about it the other day.

He said the government officers and winning candidates were even questioning the sanctity of the election. “The hybrid democratic system is being converted into authoritarian system,” he said while referring to a newspaper article.

Senator Syed Ali Zafar endorsed Senator Kamran by saying that the issue of rigging in election should be taken up in the House now. To this, the chairman agreed that the House would hold a thorough debate on the matter on Tuesday by suspending the question hour and not taking up the normal business.

Later, expressing their views on a motion, moved by Senator Humayun Mohmand, legislators decried lack of planning, execution and accountability for the dwindling water resources in the country, having direct link to agriculture and ultimately industry.

Speaking on his motion regarding the pressing issue of water resources, floods and water mismanagement in Pakistan, especially in the light of devastating floods in 2010 and 2022, Senator Humayun Mohmand pointed out that 35 to 50 per cent of water was wasted in the sea.

“We have the Indus river and other natural resources but we have not used them; why is there a shortage of water in the rivers? Isn’t India using our resources,” he questioned.

He explained that planning is done to save wastage of water in other countries, the floods that occurred in 2010 caused a loss of Rs43 billion. He then asked would it be fair to say that India has released water.

Senator Mohmand said “we have a very large area. We can use it for meeting challenges of energy”. He also called for proper sharing of water and duly addressing the provinces’ concerns in this connection.

Lawmaker Sania Nishtar regretted that various studies had been conducted relating to water and the first of its kind was done back in 1929 but implementation remains a point of real concern. She also talked about poor quality of construction and again said that none had been held accountable as to why Pakistan had reached this alarming stage of water scarcity.

Senator Ali Zafar suggested going through the reports, prepared by late Sartaj Aziz regarding water sector and how to control water crisis. He believed this could help handle the crisis, warning Pakistan was faced with two bombs: one was population and the other was water scarcity and both were about to blast.

Engineer Rukhsana Zuberi and Sana Jamali also spoke and called for adopting a national approach to deal with this national challenge.

Winding up the discussion, Interim Information Minister Murtaza Solangi explained the measures taken so far in this connection and said the Ministry of Water Resources prepared a water policy in 2018, which was approved by the CCI. He continued that the Flood Commission thrashed out a policy framework and handed it over to the Ministry of Water Resources upon which working is being done speedily.

After the 2022 floods, he pointed out the PM in August that year asked for up-dating the National Flood Protection Plan 4 and in this context, the Asian Development Bank provided technical cooperation.

“With the cooperation of provinces, the updated plan is ready and is in the stage of approval by the Planning Division. The PC-I of the Flood Protection Sector Project-III has also been approved and the Ministry of Economic Affairs is engaged in arranging international funding for it,” he noted. The House will now meet on Tuesday at 10:30am.