Anti-Rape (Investigation and Trial) Ordinance 2020 and the Criminal Law (Amendment) Ordinance 2020 in Pakistan

Pakistan Cabinet recently approved the laws regarding castration of rapists and provision of Special Courts for rape trials. The concept of chemical castration for first or repeated offenders has been introduced mainly as a form of rehabilitation, and subject to consent of the convict.

Main features of these two legislations are :

To take consent of the convict before castrating him. the convict might challenge this before a court of law In case chemical castration is ordered without taking consent, the convict.

If a convict would not agree to castration, he would be dealt with in accordance with the Pakistan Penal Code (PPC) under which the court might award him death sentence, life imprisonment or 25-year jail term.

The proposed law prohibits the controversial two-finger test performed on rape survivors. The World Health Organisation has already declared the test as unscientific, medically unnecessary and unreliable . Human Rights groups have also termed the test as invasive, disrespectful and a gross violation of a woman’s right to dignity and privacy.

Provision of in-camera trials, witness protection for the victim and witnesses, use of modern devices during investigation and trial, legal assistance to the victims and appointment of independent support advisers for the victims.

For ensuring ensure prompt registration of an FIR, medical examination and forensic analysis , anti-rape crisis cells headed by a commissioner or deputy commissioner will be set up under these legislationa.