The Pakistani parliament’s upper house, the Senate, took a critical step on Monday when it voted against the Criminal Laws (Amendment) Bill 2023, which sought to change the country’s penal code (1860) and code of criminal procedure (1898). The bill, which called for rape suspects to be hanged in public, was defeated by a majority vote in the house.
Senator Mushtaq Ahmed of Jamaat-e-Islami (JI) made a motion for the bill’s study and passage, and Chairman Muhammad Sadiq Sanjrani chaired the meeting. Nevertheless, opposition to the motion resulted in the proposed revisions being rejected in the end.
The senators’ opinions were mixed, as seen by the vote results. Of the 38 legislators present, 24 cast no votes in favor of the bill, while 14 senators were in favor of it.
The Pakistan Peoples Party (PPP), Pakistan Muslim League-Nawaz (PML-N), and National Party were the main opponents of the measure. The majority of Jamaat-e-Islami, PML-Q, JUI-F, and some Pakistan Tehreek-e-Insaf (PTI) members, on the other hand, were in favor of the bill.
Sherry Rehman, a senator with the PPP, expressed concerns, saying that public hangings will only encourage violence in the nation. She emphasized that the PPP had always opposed the death sentence for rape and called for an emphasis on strengthening law enforcement instead of using severe punishment.
Rehman said that public hanging is incompatible with the principles of a 21st-century society, pointing out that Pakistan is currently fifth in the world for the use of the death penalty. She contended that this approach wouldn’t work to effectively curb crime.
PML-N Similar views were expressed by Senator Irfan Siddiqui, who argued in favor of keeping the current practice of hanging people inside gallows. Ishaq Dar, the House Leader, objected to public hanging, pointing out that the death sentence was legally permitted.
Barrister Ali Zafar expressed support for the death sentence but rejected the idea of public executions, despite the PTI’s general opposition to public hangings. Zafar emphasized that rather than using public and street punishments, the justice system needs to be improved.
Nonetheless, the bill’s proponent, Senator Kamil Ali Agha of the PML-Q, contended that the decision-making process has to be based on Islamic values. He emphasized the significance of adhering to Islamic principles by citing instances of similar procedures in other nations, such as the public beheadings in Saudi Arabia and the publishing of execution films in the United States.
Senator Muhammad Hamayun Mohmand of the PTI argued in favor of public execution by comparing nations with lower crime rates and those that implement public punishments. He made the case that these actions might serve as deterrents, including instances of how public amputations for theft have allegedly decreased the number of cases.
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