LEGALITY OF CASTRATION IN PAKISTAN AND LEGAL IMPEDIMENTS IN LEGISLATION
Received: 31.08.2021; Revised: 26.09.2021, Accepted: 08.11.2021, Published Online: 03.12.2021
Aisha Rasool
Principal Law College, Gomal University, Dera Ismail Khan, Khyber Pakhtunkhwa, Pakistan.
Iftikhar Ahmed Khan
Assistant Professor Law, Islamia College Peshawar, Khyber Pakhtunkhwa, Pakistan.
Sultan Sheheryar
Deputy Director NITB, Pakistan.
Noman Gul
Assistant Professor, Law College Gomal University, Dera Ismail Khan, Khyber Pakhtunkhwa, Pakistan
Kamran Abdullah
Lecturer Law, Islamia College Peshawar, Khyber Pakhtunkhwa, Pakistan.
Atiq-Ur-Rehman
Ph.D. Scholar, Department of Communication and Media Studies, Gomal University, Dera Ismail Khan, Khyber Pakhtunkhwa, Pakistan.
ABSTRACT
Pakistan has been a surge of rape cases over the last few years. This year the number of rape cases being reported has increased significantly. According to statistics, an average of 10 rape cases are reported in Pakistan every day with over 22,000 rape cases reported to the police in the last six years. 85% of these have been from Punjab. However, only 77 of those accused have been convicted which comprises 0.3% of the total figure.i. Such figures prove to be more surprising considering the faith behind establishment of Pakistan i.e. Islamic Republic and Sharia’h regulated state which not only discourages such heinous crimes but also redresses it by severe sanctions. Such low conviction rate and misogynistic attitude of society further motivates the potential offenders by questioning the victims instead of culprits and Law enforcement agencies. While the Laws and Penal provisions regulating the rape cases are also being questioned. The hot debate relating rape laws has surged after the brutal incident of Kasur’s Zainab and more recently the motorway gang-rape in Lahore which led the debate towards the severity of punishment to deter and redress sex related offences. Considering the Public’s clamor, in PTI’s federal cabinet conference the law ministry presented a draft of the anti-rape ordinance which included increasing women’s role in policing, fast-tracking rape cases and witness protection. The Prime Minister Imran Khan and his Law Minister Farogh Naseem had suggested public hanging and chemically castrating the convicts to curb rising sexual violence in the country. This study mainly revolves around the Legal sanctity of Castration and the hindrance and obstruction faced by Pakistan Legislature during legislation of Penal laws enunciating Chemical Castration for Sex offenders.
Keywords: Chemical castration, rape cases, Ordinances, fiqh, Islamic law, Amendments 2020, Constitution of Pakistan 1973, International treaties.