NA passes 'Prevention of Anti-Women Practices Bill'

ISLAMABAD: The National Assembly on Tuesday unanimously passed The Prevention of Anti-Women Practices (Criminal Law Amendment) Bill, 2011 to prohibit old customs of wanni, swara, badal-e-sulh, etc which compel the women to enter into marriage and deprive them of property inheritance.

The Bill was moved for passage by Dr Donya Aziz of PML-Q. The Bill was passed with two minor amendments.

According to the Bill, if the women was deprived illegally or forcibly from inheritance of any moveable or immovable or immovable property (the offender) shall be punished for life which shall not be less than 5 years or fine, of rupees 10,00,000 or both.

The Bill clarified clause 498A Prohibition of depriving woman from inheriting properly.- "Whoever by deceitful or, illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not less than five years or with a fine of one million rupees or both."

The Bill further says in 310-A. Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara:- "Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badla-e-sulh, wanni, or swara or any other custom or practice under any name, in consideration of setting a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term winch may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees."

About 498B Prohibition of forced marriage.- the Bill says that "Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of either description for a term, which may extend to ten years or for a term which shall not be less than three years and shall also be liable to fine of five hundred thousand rupees."

The Bill further says that 498C. Prohibition of marriage with the Holy Quran.- "Whoever compels or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to seven years which shall not be less than three years and shall be liable to fine of five hundred thousand rupees."

Explanation.- Oath by a women on Holy Quran to remain un-married for the rest of her life or, not to claim her share of inheritance shall be deemed to be marriage with the Holy Quran"

Insertion of new section 402D, Act V of 1898:- In the Code of Criminal Procedure (Act V of 1898), hereinafter referred to as the said Code, after section 402C, the following new section shall be inserted, namely:

"402D. Provincial Government not to interfere in sentence of rape.- Notwithstanding anything contained in sections 401, 402, or 402B, the Provincial Government shall not suspend, remit or commute any sentence passed under section 376 of the Pakistan Penal Code (Act XLV of 1860)"

The objects and reasons of the Bill say that there are several practices and customs in vogue in the country which are not only against human dignity, but also volatile human rights. Such customary norms are likewise contrary to Islamic Injunctions. It is, therefore, necessary that such inhumane practices and customs are done away forthwith and the persons continuing such practices be dealt with severely by providing penal and financial liabilities.

Earlier, the Bill was recommended for approval by the Standing Committee of National Assembly concerned.

Speaker Dr Fahmida Mirza had deferred the bill during the last session as a number of suggestions were floated for incorporation in the Bill by the parliamentarians.

The bill moved by Dr Donya Aziz was pending since 2008.