ISLAMABAD, July 5th, 2006: The Hudood Ordinances, and other discriminatory legislation, such as the Qisas and Diyat and the Law of Evidence, were promulgated by the military dictator, Zia-ul-Haq, as part of his political agenda of so called Islamization. These views were expressed by representatives of civil society organizations during a press conference on Hudood ordinances here in Islamabad .The press conference was jointly organized by Pattan Development Organization, ActionAid, Human Rights Commission of Pakistan, Women Action Forum, Sungi Development Organisation, Aurat Foundation, Rozan, The Network, PODA, Bedari and SDPI.
These laws have been vehemently opposed by women's rights group and human rights groups from the beginning because of their discriminatory nature against women, minorities and the poor. During the twenty-seven years that these laws have been in force they have proved to be discriminatory and unjust, and have caused much suffering to women, mostly to those belonging to the poorer strata of society.
The Inquiry Commission on Women (1997) set up by the Senate during the Pakistan People's Party government, as well as the National Commission on the Status of Women instituted by the present regime; have both recommended repeal of the legislation after exhaustive investigation and research.
It is only now after two and half decades of advocacy by rights groups and the sufferings of thousands of innocent women who have languished in jail, that the government has finally publicly recognized the discriminatory aspects of the Hudood Laws. The Council of Islamic Ideology, which recommended this legislation in 1979, has now acknowledged that some of the clauses of Hudood laws are in conflict with the spirit of Islam.
The government has prepared a draft bill for amending the Hudood laws, which is to be discussed and debated in the next parliament session. Civil Society Organizations would like to again reiterate their standpoint that all discriminatory legislation including Hudood laws need to be repealed. No amendment in the law will be able to make these black laws acceptable to the Civil Society because of the following reasons:
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The laws are the product of an illegitimate political process. The parliament is the sole body that has the authority and the right to legislate. Any legislation which is framed outside the parliament should be rejected in principle. By accepting amendments, we lend legitimacy to the undemocratic process of law making which will be disastrous for the democratic future of the country.
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The laws are in direct conflict with the Constitution of Pakistan which says, There will be no discrimination on the basis of sex, and also of international covenants such as CEDAW, which has been ratified by the Government of Pakistan.
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The laws negate the equality status of women and minorities by not accepting their testimony for awarding Had punishment.
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The legislation is in conflict with the basic principle of justice by equating Zina and Zina-bil-Jabar. The law demands four adult male pious Muslim witnesses to prove Zina and the crime of rape.
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They violate the rights of the child by removing legal protection to children. In the earlier law older children were liable to punishment only after their mental maturity is established. This legislation makes no distinction and makes children liable to punishment.
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The law confuses physical maturity with mental maturity. A female is considered an adult at 16 or puberty. So if a girl reaches puberty at the age of nine, she will be given adult penalty under the law.
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The laws also violate the rights of minorities by imposing them on non-Muslims
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The laws are full of legal anomalies and lacunas, therefore, should not be considered for amendment but must be repealed in their totality.
