Bill Providing for Rapist’s Castration Adopted

Emma Barnhoorn

Pakistan and Human Rights Researcher,

Global Human Rights Defence.

In a joint session of the Pakistani Parliament on Wednesday November 17, a Bill was passed which provides for the punishment of “chemical castration” of the habitual rapist. Hereby, the Criminal Law (Amendment) Bill 2021 aims to amend the Pakistan Penal Code of 1860 [1] as well as the Code of Criminal Procedure from 1898 [2]. In accordance with the new Bill,

“Chemical castration is a process duly notified by rules framed by the prime minister, whereby a person is rendered incapable of performing sexual intercourse for any period of his life as may be determined by the court through administration of drugs which shall be conducted through a notified medical board.”

Not all were in favor of the punishment - Jamaat-i-Islami Senator Mushtaq Ahmed protetested and termed the Bill un-Islamic and against Sharia law. According to him, a rapist should be hung publicly, but no mention of castration is made in Sharia law.

Already in place is the Anti-Rape (Investigation and Trial) Bill from 2021 [3], which provides for the establishment of special courts and the use of modern devices during an investigation and trial concerning rape cases. This Bill was also passed during the joint sitting of Parliament, as is this Criminal Law (Amendment) Bill now (Dawn, 2021).

It has to be ascertained whether this new law will actually fulfil its purpose and stop rapes in Pakistan. The punishment of chemical castration has previously been proposed by a number of politicians in India after the Delhi gang rape case in 2012 [4]. Afterwards, the Justice Verma Committee rejected the inclusion of chemical castration as a punishment on the grounds that it failed to treat the social foundations of rape, which is more about power and sexually deviant behavior. It must be remembered that sexual abuse is not just a crime based on lust, but rather on dominance and violence and rape cases must be handled very carefully and with great thought. The punishment of “chemical castration” did not prevent rapes from happening in India, will it prevent these crimes in Pakistan (Bhatti, 2021)?

Notes:

[1] For the full text of the Pakistan Penal Code, please follow this link: http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html. 

[2] For the full text of the Code of Criminal Procedure, please follow this link: http://www.bareactslive.com/ACA/ACT2062.HTM. 

[3] For the full text of the Anti-Rape (Investigation and Trial) Ordinance of 2020, please follow this link: http://www.mohr.gov.pk/SiteImage/Misc/files/Anti-Rape%20(Investigation%20and%20Trial)%20Ordinance%2c%202020.pdf. 

[4] To know more about the Delhi gang rape case of 2012, please read thos news article: https://www.hindustantimes.com/india-news/delhi-2012-gang-rape-case-what-happened-on-december-16/story-GboszJckGgslhWHpRcci4K.html. 

Sources and further readings:

Dawn (2021, November 18) “Bill providing for rapist’s castration adopted” https://www.dawn.com/news/1658742. 

Bhatti, N., F., (2021, January 10) “LAW: WILL THE NEW LAW STOP RAPES?” in Dawn: https://www.dawn.com/news/1600733.