Trial by Fire
Towards new Legislation to Combat Burn Violence in Pakistan
Women Parliamentary Caucus (WPC) Islamabad
This Draft is being reviewed by the Women Parliamentary Caucus. You are requested not to circulate it till the WPC makes it public. Author
Contents..................................................................................................................... 3 Abbreviations.............................................................................................................. 5 Foreword (suggested draft)........................................................................................6 Summary....................................................................................................................7 Introduction................................................................................................................ 9 Violence against Women............................................................................................9 State’s Obligation to End Violence against Women..................................................13 Article 1, Part 1, Convention on the Elimination of All Forms of Discrimination against Women Adopted and opened for signature, ratification and accession by General Assembly resolution 34/180 of 18 December 1979 (http://www.policyproject.com/matrix/Documents/CEDAW.htm)......................35 Existing Legislation...................................................................................................15 Sajid Zia, Offence placed under terror law, The Nation, 5 November, 2009............36 Acid thrower sentenced, Pakistan Criminal Records, retrieved on 6 November 2010, (http://pakistancriminalrecords.com/2010/12/03/rawalpindi-acid-throwersentenced/)...............................................................................................................36 Court awards 21-yrs RI to man for throwing acid on wife, Pakistan Criminal Records, retrieved on 6 November 2010, (http://pakistancriminalrecords.com/2010/10/24/lahore-court-awards-21-yrs-ri-toman-for-throwing-acid-on-wife/)...............................................................................36 Issues in Existing Legislation ...................................................................................20 Attempted Legislation..............................................................................................22 Bangladesh as a Model.............................................................................................23
...................................com/newsportal/uncategorized/acidattacks-on-women-india-to-learn-from-bangladesh_10042926....................................thaindian.............................. retrieved on 20 November 2010.....................................27 Annex 1: UN Guidelines........................... (http://www.......Acid attacks on women: India to learn from Bangladesh.............................................30 Useful Resources and Bibliography............................html)............................. The India News..................36 Recommendations...............................
ASF BCC CMH CPDI DFID HRCP IL KPK MWD NESCOM NCSW PBM SOP UN VAW WHO
Acid Survivors Foundation Burn Care Centre Combined Military Hospital Centre for Peace and Development Initiatives Department for International Development Human Rights Commission of Pakistan Individualland Khyber Pakhtunkhwa Ministry of Women Development National Engineering and Scientific Commission National Commission on Status of Women Pakistan Baitul Mal Standard Operating Procedures United Nations Violence Against Women World Health Organization
the WPC sought to suggest ideas. Through this evidence-based publication. limiting their access to information and reducing children’s school attendance. In recent years. WPC acknowledges the support of Centre for Peace and Development Initiatives (CPDI) and Individualland (IL) in developing this policy brief. With their support. In the immediate run. we also expect more of such valuable and evidence-based material on other pressing issues for gender-friendly legislative strengthening and watchdog roles of parliamentarians with public interest groups. VAW has gained greater public acknowledgment in Pakistan but denial of its scope and seriousness remains widespread. this brief would inform parliamentarians on the complex issue of providing support to victims of burn violence through prevention. Fehmida Mirza
. and presents recommendations to Pakistan’s Parliament in general and Women Parliamentary Caucus (WPC) in particular on how to deal with this issue effectively. prosecution and socio-economic rehabilitation.Foreword (suggested draft) Violence Against Women (VAW) is a serious problem worldwide. In order to take further policy and legislative interventions. legislative initiatives taken recently in Pakistan and in the region. It is also hoped that this brief would facilitate networking among parliamentarians and public interest groups who are working on violence against women. Combating the practice of burn violence through effective legislation is a challenge faced by Pakistan’s Parliament. Dr. both these civil society organizations have provided technical and research assistance to the WPC under the “Women’s Political and Parliamentary Development Project” supported by the Asian Development Bank (ADB). it requires evidence in the form of research and investigation. Victims of violence themselves often prefer to remain silent because social customs. and their capacity to care for themselves and their children. while drafting a new law on burn violence. It restricts women’s autonomy. It also has profound impact on national development as it perpetuates poverty by reducing women’s ability to work in the public sphere. their productivity. Based in Islamabad. identify good legal practices in the region and explore main areas that need attention. Pakistan’s incumbent Parliament is committed to change this situation and has already passed some historic legislation. powerful institutions and legal systems fail to provide them protection and support. This paper explores the laws related to burn violence.
e. it is treated as Qatl-i-Amd (planned murder) punishable under Section 302 of PPC. death and grievous injuries resulting from burn violence fall within the definition of hurt as provided in Section 332 of Pakistan Penal Code (PPC). sexual or psychological harm or suffering to women. It is also a need of the hour as the Supreme Court of Pakistan has asked the government of Pakistan to legislate on the issue. whether occurring in public or in private life. Some members of Parliament have already introduced legislative bills aimed at ensuring justice for the victims of burn violence. The Punjab Assembly passed a resolution in 2003 and three bills have been moved in the National Assembly of Pakistan. and work force participation. or is likely to result in. Sometimes. The Ministry of Women
. In the absence of a specific law on burn violence.Chief Patron WPC
Violence against Women is defined as “any act of gender-based violence that results in. Bails are granted easily and perpetrators often get away with light sentences. Pakistan Penal Code does not have a specific provision to deal with the issue of burn violence. females’ literacy rate. However. 1860. status of women is undermined throughout South Asia. The prevailing situation of impunity emboldens the perpetrators who find it easy to acquire acid and commit the heinous crime. Legislation on burn violence will manifest Parliament’s commitment to women’s rights and protection. 1860 and other provisions of PPC related to hurt. as it is evident from extremely low human development indicators including the population sex ratio (i. physical. there is an urgent need for a comprehensive law amending a number of sections of PPC as well as the Criminal Procedure Code (CrPC). coercion or arbitrary deprivation of liberty. cases of grave nature are referred to anti-terrorist courts but it is not a permanent solution and cannot be considered a substitute to a legislation specifically dealing with burn crimes. proportion of females to males). Acid throwing is most rampant in the cotton belt of the Southern Punjab. If the incident of burning results in death. including threats of such acts.”Due to systematic discrimination. litigation is often prolonged and culminates in uneven sentences. Burning and acid throwing are extreme forms of violence that harm victims both physically and psychologically and result in their stigmatization. Hence.
legislation enacted in Bangladesh may be a good model. However. these efforts have not resulted in any substantive legislation. There is also a need to further refine the bills before enactment through a consultative process. This paper presents specific ideas for effective and comprehensive legislation to control burn crimes and support the victims. As the Supreme Court of Pakistan has observed.Development is also preparing a draft law on the instructions of the Supreme Court. so far. which may be studied and emulated with appropriate modifications or improvements in order to ensure swift punishment to perpetrators and to provide an effective framework to regulate trade in acid and other corrosive substances.
law enforcers. and maims – physically. Violence against Women Violence against women is a “global epidemic that kills. It also analyzes the Bangladesh laws that have been hailed as a model. whether occurring in public or in private life. institutions dealing with social protection and health professionals. This paper explores the current laws as well as the initiatives to introduce new laws. sexually and economically” and it results in denial of security. Absence of a proper law to deal with the burn violence has resulted in delayed prosecution as well as light and uneven sentences. psychologically. including threats of such acts. Objectives of this policy paper include the following:
To present before the stakeholders. and this trauma is reinforced if injuries are inflected due to violence. tortures. violence against women includes the following3:
. this kind of violence is a serious challenge for policy makers. In Pakistan.”2 According to the Declaration. and To highlight the areas that legislators should keep in mind while drafting or approving a new legislation on the issue. Burn is also one of the greatest traumas a human being can sustain. It has also resulted in lack of sate support for the victims. selfworth. coercion or arbitrary deprivation of liberty.Introduction Burn violence is one of the most heinous forms of violence prevalent in many developing societies. sexual or psychological harm or suffering to women. and the right to enjoy fundamental freedoms to women.
Methodology for this paper included desk review of existing laws and other relevant literature as well as interviews with key civil society activists. To present good legislative practices from the region. including government officers and parliamentarians. or is likely to result in. dignity. physical. members of the Parliament as well as lawyers. and makes some suggestions for enacting a new law. courts. 1The UN Declaration on the Elimination of Violence against Women defines violence against women as “any act of genderbased violence that results in. the current situation regarding burn violence and highlight the need for new legislation.
Moreover. (b) Physical. sexual and psychological violence perpetrated or condoned by the State. literacy rate. status of women is undermined thorough systematic discrimination.“(a) Physical. sexual and psychological violence occurring within the general community. sexual and psychological violence occurring in the family. non-spousal violence and violence related to exploitation. including battering. sexual abuse. statistics are particularly high for maternal mortality and morbidity. sexual harassment and intimidation at work. ratio of the number of women to the number of men in Pakistan is alarming low. wherever it occurs. proportion of females to males). female genital mutilation and other traditional practices harmful to women. marital rape. Human development indicators including the population sex ratio (i. the state and the law-enforcing machinery tend to display passivity and silence. in fact it is “the lowest ratio for any
. when perpetrator of violence is a family member. including rape. in educational institutions and elsewhere.e. trafficking in women and forced prostitution. sexual abuse of female children in the household. Similarly. According to groundbreaking work by Nobel laureate Amartya Sen. dowry-related violence. and work force participation are extremely low. fertility and crimes against women. (c) Physical.4 Table 1: 15 Top Districts for VAW Crimes
Source: Aurat Foundation5 Throughout South Asia. or by misinterpreting religious tenets.” Violence against women is often tolerated in the name of cultural practices and norms.
14 in the Khyber Pakhtunkhawa. the fact that millions of women are missing in Pakistan’s population shows gender discrimination and extremely high level of mortality among girls and mothers. petrol or some other flammable liquid. Burning and acid throwing are extreme forms of violence that destroys the victims both physically and psychologically. In 2009. Acid violence involves an attack against an individual in which sulphuric. During this year. hydrochloric. While prevalent in every area of the country. In Pakistan. psychologically and socially.large country”. in fact. A fraction of these incidents are reported to the police or covered in the press. often revealing bones. 59 in Baluchistan and 284 in the province of Sindh.548 incidents of violence against women were reported in the print media across Pakistan. often blindness and sometimes hearing loss. Many acid attack survivors lose the sight of one or both eyes. it is difficult to estimate the incidence of burn violence in the country. The results are permanent disfigurement. where many such attacks take place in remote rural areas. In a country like Pakistan. Following table reflects data collected by the Aurat Foundation based on newspaper clippings: Table 2: Stove Burning and Acid Throwing Incidents in 2009 Punjab Sindh KPK Balochistan Stove 33 10 4 1 Burning Acid 42 9 1 0 Throwing Source: Aurat Foundation
Islamabad 2 1
Total 50 53
. In Pakistan. hundreds of children and women become victims to stove burning and acid throwing. depending on where the acid falls.8 The results of an acid attack can be horrifying for a victim. as it eats into the skin and tissues. Following table shows top districts in the term of crimes against women as reported in the press. Acid causes the skin tissues to melt. In absence of a proper reporting system or a national database. The victim is traumatized physically. married women.6 As the male population of any country should be equal to the number of females. these areas can be considered hotspots of violence against women. unlike other causes of bums. often exposing the bones below the flesh. some 245 women were killed in the name of 'honor' in the Punjab. such incidents are referred to as stove burning incidents and most victims are young. Assault by burning is most often caused by burning a victim after dousing her with kerosene. while dozens of men also become victims to acid throwing incidents. Thousands of women become crippled or disfigured and hundreds die as a result of violence. Acid continues to burn after the attack is over. the chances of receiving appropriate and timely treatment for acid bums are slim. at times even bones dissolve due to corrosive effect of acid. or nitric acid is employed as a weapon to cause severe bums.7 This is only a fraction of real incidents as most incident of violence against women are never reported to the Police and do not appear in media. incidents of violence against women are extremely high in some areas. a total of 8. Physical violence is the most brutal and most visible form of mistreatment a woman can face.
Burn violence is committed for various reasons. Following pie chart shows that family disputes are the leading reason for acid violence (45%). financial disputes (1%). become victims of acid attack because they are close to the target at the time of attack (10%). Other reasons for acid attacks include land disputes (3%). professional jealousy (2%) and revenge (2%). but is available more cheaply and without any restrictions. The fact that easy access to acid is linked to acid crimes is clear from the above chart.
Source: Acid Survivors Foundation (ASF) While incidents of acid violence are reported throughout the country. particularly children. Acid can be carried without getting noticed and it is far easier to evade law after an acid attack rather than attack by a gun. Many people. Acid can be a weapon far more devastating than a firearm. Girls are also targeted for declining a marriage proposal (17%) and for repulsing sexual advances (4%). this type of violence is most rampant in the cotton-belt of Southern Punjab where acid is widely used in treating cotton seeds.
. The U. Both Article 2 (f) and 5 (a) of CEDAW are quite clear and instructive in this regard. By adopting this convention in 1996.N Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) In 1996. Pakistan ratified the U. enjoyment or exercise by women…on a basis of equality of man or women. rehabilitation and support services for women who are the victims of violence or who are at risk of violence.11 The committee noted that states are obliged under CEDAW to take steps to provide the following: “(a) Effective legal measures.N Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). including iner alia violence and abuse in the family. investigation.”10 General recommendations of the convention provide that states are responsible for state-based violence and discrimination against women. Pakistan is obliged to “pursue by all appropriate means and without delay a policy of eliminating discrimination against women” including “distinction. An important relevant provision of the Convention is the need to eliminate cultural practices and customs that discriminate against women. Under this concept. As a party to CEDAW. many provisions of the Convention have not yet been incorporated into domestic law and procedures. punishment of perpetrators of violence. including public information and education programmes to change attitudes concerning the roles and status of men and women.”
. civil remedies and compensatory provisions to protect women against all kinds of violence.State’s Obligation to End Violence against Women Under international human rights law. it is duty of a state to prevent and respond to human rights abuses. (b) Preventive measures. states are required to prevent and punish rights violations by private actors. of human rights and fundamental freedom. However. Pakistan agreed to take concrete steps to eliminate discrimination against women. exclusion or restriction made on the basis of sex which has the purpose of imparting or nullifying the recognition.. including refugees. the CEDAW Committee had adopted a general recommendation and comments on states’ obligations under CEDAW that spelled out the facets of any potentially effective remedy to the problem of violence against women. including penal sanctions. it is the responsibility of the state to prevent. protect and provide redress. A state can be held accountable for violence committed by an individual when the state fails to act “with due diligence” in prevention. sexual assault and sexual harassment in the workplace. (c) Protective measures. counselling. As following international conventions show. In 1992. a state is responsible to uphold women’s rights and ensure freedom from discrimination and violence.9 Under international laws and standards.
including sex. The ICCPR requires Pakistan to not only refrain from. reputation or property of any person shall be taken except in accordance with law”. punish acts of violence against women. liberty. but also prevent private actors from committing acts of violence against women. is a cornerstone of international human rights law. The Article 4 states that: “no action detrimental to the life.16 Constitution of Pakistan Constitution provides for and protects fundamental rights of each and every citizen. Declaration on Elimination of Violence against Women In its Declaration on Elimination of Violence Against Women12. which states that it is the inalienable right (i. body. Reducing violence against women is a key strategy for the achievement of the Millennium Development Goals.. as well as the health of their children. especially as it applies to protection of women from violence. The basis of fundamental rights is laid out in Article 4. which Pakistan ratified in 2008.”13The declaration explicitly states that governments’ obligation applies regardless of “whether those acts [of violence] are perpetuated by the State or by private persons. including violence in the home.” It provides that “states should condemn violence against women….It is clear that the duties enumerated by the CEDAW Committee extend beyond the criminal justice system and encompass preventive and protective measures. It requires governments to ensure the rights to life and security of the person of all individuals in their jurisdiction. investigate. without distinction of any kind.e. Article 25 deals with equality of citizens and states that: “all citizens are equal
. and is rooted in gender inequality.”14 The International Covenant on Civil and Political Rights (ICCPR) The International Covenant on Civil and Political Rights (ICCPR)15. and in accordance with national legislation. can never be taken away) of individuals (citizens wherever they may be as well as individuals currently in Pakistan) to enjoy the protection of law and be treated in accordance with law. Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights that are available to all citizens. the United Nations reaffirmed state’s obligations of due diligence. MDG Goal Number-3 deals specifically with women. adopted in December 1993. It states: “Promote gender equality and empower women. The declaration denounces violence against women. Millennium Development Goals The Millennium Development Goals (MDGs) are eight international development goals that 192 United Nations member have agreed to achieve by the year 2015.[and] exercise due diligence to prevent. as “a violation of rights and fundamental freedoms of women. The constitution prohibits discrimination in all its forms including on the basis of sex.” Violence against women is a serious health and development concern as it has a devastating effect on women’s sexual and reproductive health.
i-dw. or any section of the people. “Whoever does any act with such intention or knowledge. and. in consultation with the authorized medical officer. (a) in order to.” 4 Section 6 of Anti Terrorism Act 1997 provides. acid violence is currently tried under various laws including Anti-Terrorism (Amendment) Ordinance 1999. or if the effect of his actions will be to. However. power or capacity of an organ of the body of another person. and under such circumstances. if he by that act caused qatl. it falls within the definition of hurt as provided in Section 332 of Pakistan Penal Code (PPC). and Section 3363of PPC. or such
. dynamite or other explosive or inflammable substances. constitution also contains several principles of policy outlining equality between genders and protection of women and family. Section 324 of PPC on “Attempt to commit qatl-i-amd (deliberate murder)”1. Section 335 of PPC on ‘Itlaf-i-salahiyyat-i-udw (Disfigurement of Body Organs)’2. “A person is said to commit a terrorist act if he.before law and are entitled to equal protection of law”. of any person. Apart from the fundamental rights. Article 35 resolves that the “State shall protect the marriage. which provides punishment for offence under section 335. or causes permanent disfigurement is said to cause itlal-i-salahiyyat-i-udw. Existing Legislation There is no specific provision in Pakistan’s criminal law that directly deals with the issue of burn violence. If the incident of burning results in death. the mother and the child”. strike terror or create a sense of fear and insecurity in the people. 1860. Similarly.” 3 The section provides. as it states that: “Nothing in this Article shall prevent the state from making any special provision for the protection of women and children”. “Whoever destroys or permanently impairs the functioning. where the punishment for the hurt is qisas which is not executable. 2 The section provides. as these crimes have the effect of striking terror and sense of insecurity generally in the community. Article 34 states: “Steps shall be taken to ensure full participation of women in all spheres of national life”. provided that. he would be guilty of qatl-i-amd. does any act or thing by using bombs. This article allows government to take affirmative action to protect women and children.17 Acid crimes are at times tried under Anti Terrorism laws.4
The section provides. be punished with qisas and if the qisas is not executable keeping in view the principles of equality in accordance with the injunctions of Islam. “Whoever. the family. the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to ten years as ta'zir. 1860 and other provision of PPC related to hurt. by doing any act with the intention of causing hurt to any person. the offender shall (in addition to the imprisonment and fine as aforesaid) be liable to the punishment provided for the hurt caused. It is obvious that violence against women violates fundamental rights as enunciated in Pakistan’s Constitution and it is the duty of the state to take concrete steps to change the worsening situation of violence against women in the country. it is treated as Qatl-i-Amd (deliberate murder) punishable under Section 302 of PPC. that. if the incident of acid throwing or burning results in grievous injury. shall be punished with imprisonment of wither description for a term which may be extended to ten years (but shall not be less than five years if the offence has been committed in the name or on the pretext of honour) and shall also be liable to fine. shall. or with the knowledge that lie is likely to cause hurt to any person. causes itlaf-isalahiyyat. In Pakistan. if hurt is caused to any person by such act. the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years”.
which effectively removed the mandatory penalties for murder and bodily injury. do not exempt a non-pubert and an insane offender from the sentences to death in case of murder. do not provide for diyat in the case of shibh-ul-amd and khata of both qatl (murder) and jurh (hurt) as prescribed in the holy Quran and Sunnah. do not provide that the offender may be pardoned by the victim in cases of jurh (hurt). do not provide for compromise between the parties on agreed compensation when they make sulh (compromise) in cases of qatl and jurh. or threatens with the use of force public servants in order to prevent them from discharging their lawful duties. and shall also be liable to fine. to strike terror. or (d) commits an act of civil commotion as specified in section & A. or create a sense of fear and insecurity in the people. any person or persons. In one important and relevant case (i. or any section of the people. the Qisas and Diyat law provides a victim with a number of different options in the event of bodily injury or murder. or be likely to be. and (ii) Referred to in paragraphs (b) and (c) of section 6 be liable to the punishment prescribed under the relevant law. child molestation. various provisions of PPC and other laws have been interpreted by the higher courts and. or (c) commits an act of gang rape.(i) referred to in paragraph (a) of section 6. and (b) in any other case. and do not define the different kinds of qatl and jurh in accordance with their respective punishments prescribed in the Holy Quran. or be likely to cause. of Pakistan and Another18). the effect of which will be. in such a manner as to cause.20 By removing the mandatory punishment. property on a large scale. or poisons or noxious gases or chemicals. or robbery coupled with rape as specified in the Schedule to this Act.However. A victim may pardon the
fire-arms or other lethal weapons as may be notified." Punishment given under section 7 provides. be punishable with imprisonment for a term which shall not be less than seven years but may extend to life imprisonment. or destruction of. 1860 which deal with offences against the human body are repugnant to the injunctions of Islam as they:
a) do not provide for the qisas in cases of qatl-al-amd (deliberate murder) and juroohb) c) d)
al-amd (deliberately causing hurt) as is prescribed in the Holy Quran and Sunnah. therefore.. or a widespread disruption of supplies of services essential to the life of the community.”
. or damage to. the Qisas and Diyat laws were also enacted in 1990. Govt. or to adversely affect harmony among different sections of the people.e. some sections of the PPC 1860 and the Code of Criminal Procedure 1898 pertaining to bodily injury and murder were declared to be un-Islamic. the death of. these need to be understood in the light of such judgments. The court declared that:19 “Sections 299 to 338 of the Pakistan Penal Code. shall(a) if such act has resulted in the death of any person be punished with death. and by the heirs of the victim in cases of qatl whereby the Court can award him a sentence of imprisonment by way of Ta’zir which may extend to imprisonment for life. or (b) commits a scheduled offence. or injury to. “Whoever commits a terrorist act.”
As a result of this judgment and political priorities of the time. Gul Hassan Khan vs.
Shajjah-i-Khafifah The clause (i) subsection 3 of section 337 of PPC defines the shajjah-i-khafifah as whoever causes hurt to any person “without exposing bone of the victim…”. including murder and aggravated assault.21 This “privatization” of crimes by the qisas and diyat laws has particularly damaging consequences in cases of intra family violence. The details of these provisions are enunciated in sections 333 to 337of PPC. into crimes against the individual rather than the state. which are Itlaf-i-udw. Qisas and Diyat laws have. “…whoever dismember.23 Hurt Sub-section 1 of section 332 has defined the hurt as: “. is said to have committed hurt”. Shajjah..” The punishment for such injuries is liable to qisas and punishment in tazir up to ten years.whoever destroy the or permanently impair the functions.whoever causes pain. Itlaf-i-udw The section 333 has defined the itlaf-i-udw. Itlaf-iSalahiyyat-i-udw. power or capacity of an organ of the body of another person or causes permanently disfigurement is said to cause Salahiyyat-i-udw. Jurh and other kinds of hurts. As a result of the law.criminal and accept compensation to expunge the crime and let the criminal go free. Ultimately. “. 1860. converted serious crimes. The detail conditions for execution as qisas are provided in section 336 of PPC. harm.” The detail of the punishment is given in section 334 of PPC.22 Following are some important legal definitions relevant to burn violence. Salahiyyat-i-udw The section 335 has defined the Salahiyyat-i-udw. disable or dismember any part of the body thereof of any person without causing his death. The clauses (a) to (e) of subsection 2 of Section 332 of PPC refer to kinds of hurts. infirmity or injury to any person or impair. the Qisas and Diyat law prevents the state from deciding how criminal matters should be dealt with. but the concept of monetary compensation can be meaningless in a situation where payments flow from on member of the nuclear family to another. not only are women victims of violence and their heir susceptible to pressure and intimidation to waive qisas. Section 338F of PPC allows courts to interpret the provisions of Qisas and Diyat law according to judges personal understanding and/or interpretation of Islamic principles by stating “…the Court shall be guided by the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah”.. which provides that the execution of the qasis shall be enforced after consultation of authorized medical officers. in many respects. The offender shall also be liable to pay the amount of arsh as compensation proportionate to the injury. the offender shall be liable to daman as well as imprisonment as tazir. The qisas shall be executed after consultation of medical
.. sever any limb or organ of the body of another person is said to cause Itlaf-i-udw and imprisonment for such hurt is liable to qasis and tazir for period of ten years as imprisonment. Under clause (i) of 337-A of PPC. amputate. 1860. diseases..
The section 337X has defined the method of payment either made in installment and failure to pay that amount could be punished in tazir by the order of the court. the details of the amount of compensation have been provided in section 337Q to 337X. Daman Section 337Y of PPC has given discretionary power to court to award compensation to victim. The value of the arsh for fingers shall be one tenth of diyat and teeth one-twentieth of diyat for one tooth. The section 337Q to 337X prescribed the value of the arsh for causing itlaf if an organ which is found singly in a human body shall be equivalent to full value of the diyat.337A. Arsh The arsh means monetary compensation awarded to the victim by offender by order of court. and section 3 has defined these types of shajjah and punishment is provided in section 337A of Pakistan Penal code 1860. The punishments for hurt which are caused with intention are liable to punishment as qisas. which are in pair shall be one half of the value of diyat and arsh for organ which are quadruplicate shall be equivalent to one fourth of the diyat. daman and tazir. and value of the arsh have been defined in section 337V. The amended provisions of section 174A ensure that:
. The subsection 2 of same section has classified the types of the shajjah. more particularly in burn cases. The offender shall be punished with each disability caused to victim in same manner. 337F. The brief description is given below: Qisas Each hurt is liable to Qisas if it is committed with intention and knowledge that it will go to cause hurt to person. and will also be liable to imprisonment as Tazir for the term which may extend to three years. The section 337W have prescribed that value of hurt shall be liable for each hurt. a new section 174A was added to the Criminal Procedure Code of Pakistan. This provides for “effective” measures in case of domestic violence against women. Hurts not caused with intention or knowledge Under subsection 1 and 2 of section 337H whoever causes hurt by rash or negligent shall be punished by arsh and Daman. diyat. 337D. 336. The arsh for organ of human body.officer according to the principal and injunction provided in Islam and offender can be liable to arsh as compensation for injury inflicted on the victim. and value of compensation is determined by the court keeping in view the expenses incurred by the victim in treatment and anguish and disability caused to the victim. Section 174-A of the Criminal Procedure Code In 2002. Shajjah Under subsection 1 of section 337 says that whoever causes any hurt on face or head which does not amount to Itlaf-i-udw or Salahiyyat-i-udw said to have committed the Shajjah. The punishment for hurts has been defined in sections 334.
Arsh equal to full Diyat for causing four eyelashes and Arsh equivalent to one half of the Diyat for causing damage to hair and eyebrows of the victim. The trial continued for 7 years. He was sentenced for 7 year rigorous imprisonment under section 324.000 as compensation to the victim under section 544-A of CrPC.25 The courts in Punjab have awarded sentences up to life imprisonment in wake of this move.831. judges have successfully used present laws to award strict punishment to the perpetrators of crimes. murder or attempt to murder immediately on receipt of information of such an occurrence. District and Sessions Judge. arsh. which was decided in October 201027. and do not take into account the extremely grievous affects of acid or other kinds of burn violence. while others are liable to daman and tazir according to the seriousness of the injury caused. Certain injuries are liable to qisas and arsh. which could in case of death serve as dying declaration. The convict was further ordered to pay Rs 200. all these provisions are about hurts in general. The convict was ordered to pay Rs. A police station is bound to register a case of hurt. 2. Furthermore. In one such case. it is also evident that it takes a long time to decide such cases.1. However. taking a strict notice of the acid throwing incidents on women. 337(ii) and 337(v) of PPC. ordered registration of such cases under section 7 of the Anti-terrorism Act.856 for causing damage to one eye of the victim under section 334. As is clear from above. at times.26 It is not common to award stringent punishments under the existent laws. Furthermore. 336.24 However. judge awarded 21-year rigorous imprisonment to a man. While this case illustrates that judges at times impose relatively strict punishments. He also received another term of 7 years rigorous imprisonment under section 336 with Arsh equal to half of the Diyat for causing Itlaf-i-Salahiat of other eye of the victim. Anti-Terrorism Law In November 2009.000 as Daman to the victim under section 337 (ii) of the PPC for causing injuries on her chest and arms. 50. the Punjab government. 3. The police officer is bound to send copies of FIR to the nearest Magistrate. who had caused serious burn injuries to his wife by throwing acid on her face. I case of failure of payments. the offender is liable to qisas. and the District police officer. The doctor who treats the victims is bound to record her statement. the convict was to face 6 month simple imprisonment. and resulted in the conviction of Syed Irfan Hussain Zaidi under sections 324. and another 7 years rigorous imprisonment with Arsh equivalent to full Diyat worth Rs3.
. daman and tazir. He was further ordered to pay Arsh equal to full Diyat for causing Itlaf-e-Salahiat of lips.
and the inspection of the same. wholesale or retail. and fixing of the fee (if any) to be charged for such licences. subsequent convictions become little harsher involving up to six month imprisonment and/or one thousand rupees fine. Under this law. Hardly a trader has ever been prosecuted for breaching this law. provinces have also made rules to regulate the sale of acids. despite that the nature of crime is so grave that the victim will never be able to live a normal life.in this case. This Federal Law grants the provinces the power to “regulate possession for sale and sale of any poison”.29 Under this law. Furthermore. retailers sell acids without any license and do not keep any record of their sale or customers.
Issues in Existing Legislation
. (d) the maximum quantity of any such poison which may be sold to any one person. Under these rules. (e) the maintenance by vendors of any such poison of registers of sales. (b) the classes of persons to whom alone such licences may be granted. In the Punjab province. However. it is clear that maximum term of imprisonment is not more than 7 years. provinces are empowered to make rules. acids can be sold only by a shopkeeper holding a license to do so. while the punishments are light. For the purpose. packages or coverings in which any such poison is sold or possessed for sale. current rules were issued in July 1942 and amended through a notification in 2001. the rules that provinces make can provided for: “(a) the grant of licences to possess any specified poison for sale.
Laws Regarding Availability of Acids Sale of acids is regulated in Pakistan under the Poison Act (XII) of 1919. the particulars to be entered in such registers. (f) the safe custody of such poisons and the labelling of the vessels.”28 The Act also sets punishment for breach of the law. (c) the classes of persons to whom alone any such poison may be sold. In case of a violation of the terms of license to sell poisons. the monitoring mechanism is virtually nonexistent to oversee the sale of acids. the first conviction may involve three months imprisonment and/or five hundred rupees fine. However.
if at all such sentences are awarded and upheld by courts. As a result. This situation results in light and uneven sentences. It has not been improved in any meaningful manner since 1919.
Use of anti-terrorism laws to try cases of burn violence brings a temporary relief in the form of speedy procedure and stringent sentences. there does not exist an adequate legal deterrent against burn violence and the perpetrators feel that they can get away with the crime. Most perpetrators are able to get bails easily. However.
1. loss of income. inability to start or manage a family and the psychological harm caused by attacks. including burn violence. judges apply different sections of PPC according to their discretion. As a result. The law gives a vague definition of “terrorism”.
The Poison Act 1919 is inadequate and flawed. As a result. These sections do not take into account the permanent damage caused to victims with respect to loss of career and livelihood. Many legal experts consider the Anti-Terrorism Act of 1997 as “confusing‚ untidy‚ and inadequate”.
Qisas and Diyat laws have privatized serious crimes.4. It has. Victims and their families are easily pressurized by the offenders or forced by their own socio-economic circumstances to waive qisas and accept monetary compensation. this is not a permanent solution and cannot be considered a substitute to a legislation specifically dealing with the burn crimes. they can be concurrent. It provides a weak monitoring and implementation mechanism. the anti-terrorism courts in Punjab have been dealing
1. these courts are also clogged because of an over-extended mandate. into crimes against individual rather than state.6.2. making them less severe. encouraged others to commit violence involving acid and fire. damage to social status. Though the special anti-terrorism courts.3. It has a limited scope and provides light sentences. burn cases are treated under normal categories of ‘hurt’ as defined in the PPC.
Litigation under the existent laws is often prolonged and sentences are uneven and light. which include the following: There does not exist any law. which specifically deals with burn violence and crimes. created through this law. which do not recognize the extremely grievous effects and consequences of burn violence for the victims for immediate and long terms.1.
In absence of a specific and a comprehensive law on burn violence. and many of them later harass the victims or families to compromise and withdraw the cases. and has failed to deliver the desired results. are supposed to decide cases in a week. When punishments are handed on multiple counts.
1.5.The existing legislation on burn crimes is inadequate and flawed due to several reasons.
seeking amendment in Pakistan Penal Code 1860 (No XLV of 1860). storage and sale of any type of acid. 335A. or an arsenic weapon shall be punished for a term which may extend to life imprisonment and a fine Rs. 2003.500. who often belong to the weakest sections of society. after Section 335. or using arsenic weapon. the disabilities caused due to attack. no legislation has so far been passed. As a result. besides providing free legal aid to victims. The Punjab Assembly unanimously passed a resolution on August 8. misery and disability. which are briefly reviewed as below: Bill Moved by Justice (R) Fakhar-un-Nisa Khokher and Ms.” The bill also seeks to amend Section 336 Act. to the victim taking into consideration the psychological trauma faced by the victim.
1.with all sorts of cases including kidnapping for ransom‚ murder‚ preparation and deployment of explosive substances as well as violence against “public servants” and women. they are left at the mercy of circumstances that usually lead them to a life of poverty. expenses incurred on treatment and legal expenses and indirect monetary losses including loss of livelihood and future income opportunities. Current laws do not provide for appropriate compensation to be paid. by the perpetrator. Existing laws also do not provide for free legal services to the victims. fire. direct monetary losses including loss of income. Marvi Memon The bill was introduced by two members of the National Assembly. the Section will read as: “Whoever causes permanent disfigurement of face or any part of the organ of the body through using acid. However. Marvi Memon. After amendment. transportation.30 Procedures required for ensuring swift trial are not laid down and special courts do not exist to try the cases of such violence. is said to cause disfigurement or defacing.9.000 (Five Lac Only) to be recovered from his property and
. The resolution recommend that the best way to combat acid violence was to carry out speedy trials for those accused of committing acid burning. Attempted Legislation Legislators at the provincial and national level have been making efforts to strengthen the legislation on acid or burn related crimes. The resolution proposed a licensing system for the production.8. The bill proposes to add a new Section. Justice Fakhar-un-Nisa Khokhar and Ms. XLV of 1860.7.
Existing legal framework does not provide for medical and socio-economic support for the victims or their families.
1. asking that an acid attack be treated as attempted murder. The new section reads as: “Whoever with the intention to disfigure or deface another person by throwing acid or by means of fire.31 Several private member bills have also been moved in the National Assembly.
1. import. It also advocated mandatory prosecution by the government for the perpetrators of acid crimes.
The bill provides for a maximum penalty of life imprisonment for those convicted of the crime. It is understood that the bill is now ready but the Ministry is reluctant to take lead due to its uncertain status as a result of the 18th Amendment.from his shares of property. The draft was later whetted by the NCSWD. the bill contains a provision requiring sellers of acids to keep detailed records on each sale. Begum Shahnaz Sheikh. The bill also includes a civil remedy provision that enables victims to seek monetary damages from perpetrators and provides an enforcement mechanism if a perpetrator fails to pay the ordered damages. MNAs The bill broadly defines the crime of “voluntarily causing hurt by dangerous means or substances”. Ms. Provided that any such offence shall be triable in the Anti Terrorism Courts. Moved by Ms. however.” Acid Control and Acid Crime Prevention Bill 2010. Azra Fazal Pechuho. Anusha Rehman Khan. Marvi Memon. The ministry used the legislation already introduced by parliamentarians as a starting point and held a series of consultations. they can contribute to improving the situation of burn violence. it phrases the definition to allow for punishment even where someone other than the intended victim is injured. However. If enacted into law. In addition. These bills moved in the National Assembly of Pakistan manifest deep concern of parliamentarians regarding burn violence in the country. 2010 Moved by Ms. has not been made public yet. the proposed laws have some elements missing that need to be considered in order to legislate a comprehensive law on the lines of the law in Bangladesh. The bill. The Bill Prepared by the Ministry of Women Development In the light of the orders of the Supreme Court of Pakistan. The bill also seeks to institute a fund for victims of violence and lays down the procedure for supporting survivors and victims of violence. While working for social protection for the victims. Yasmeen Rehman and Dr. The bill also includes a provision regulating the sale of acids and criminalizing the sale of acids by someone who is not licensed to sell them. Ministry of Women Affairs has prepared a bill in collaboration with the Acid Survivors Foundation (ASF). there is a need to involve all stakeholders in order to benefit from their experience and incorporate their concerns. The Rehabilitation Authority for Victims of Violence and Abuse Bill. Moreover. It is aimed at prevention and rehabilitation through creation of authority to offer support to women and children victims of violence and abuse of any kind. These elements have been outlined in the section containing recommendations. the body is to be empowered to carry out investigation with the authority of a civil court. MNAs This bill seeks to establish a Rehabilitation Authority for Victims of Violence and Abuse. Bangladesh as a Model
the hearing will continue every working day until it finishes.. he/she will receive the same punishment/ penalty as the perpetrators. • Free treatment for victims of acid crimes. Balakrishnan also asked the government to examine the feasibility of regulating the sale of acid on the lines of provisions in Bangladesh. It provides maximum punishments of life imprisonment and the death sentence. the Supreme Court of India asked the Indian government to examine the feasibility of having a stringent penal law akin to the one in Bangladesh to deal with cases of women and young girls being attacked with acid. The Act also provides that. non-compoundable and non-bailable.Bangladesh. This law has been appreciated globally as a model of good practice and other countries faced with the crime of acid violence are also emulating the law to frame similar laws of their own. Special Courts have been established under the Acid Crime Control Act 2002. • Establishment of a Rehabilitation Centre for victims of acid crimes. etc. which has introduced legislation that specifically addresses acid violence. This chapter discusses the salient features of the Bangladeshi legislation. if the Acid Crime Control Tribunal feels that the investigating officer has lapsed in his duty in order to 'save someone from the liability of the crime and did not collect or examine usable evidence' or avoided an important witness. The Acid Control Act 2002 and the Acid Crimes Control Act 2002 were promulgated in March 2002 to control acid crimes. Once a Tribunal starts hearing a case. Salient Features of relevant Laws in Bangladesh • • • • • • • The maximum sentence for acid throwing is death penalty. Investigation of any crime under this act must be completed by a police officer within thirty days of being informed or being ordered by a magistrate. A bench of Chief Justice K. The defendant can appeal against a decision or order or punishment given by the tribunal to the High Court Division within sixty days of the date on which it is given.G.
. punishment ranges from three and fifteen year imprisonment to life imprisonment and death sentence. All crimes under this act are cognizable.32 In November 2009.
Other important features of the laws include: • Establishment of a National Acid Control Council Fund. The act provides for setting up of a special court in each district. in April 2008. ensure swift punishment to perpetrators and set up legal guards to regulate the trade in acid and other corrosive substances. the Supreme Court of Pakistan also asked the government to frame a law on the model of the Bangladeshi law. A tribunal has to complete the whole trial within ninety days of receiving the first written instruction. the former can report to the superior of the investigating officer of the latter's negligence and may also take legal action against him. For instance. so far. The Acid Crimes Control Act 2002 aims to rigorously control acid crimes. Depending on the gravity of the crime. is only country in South Asia. If someone assists/helps to commit the crime of acid throwing.
The law addresses the problem of delay in prosecuting cases by providing a fixed time for investigations:
• • • •
The investigating police officer must complete the investigation within 30 days following the reported attack or the Magistrate’s order for an investigation.
The Acid Crimes Control Act 2002 Salient features of the Acid Crimes Control Act 2002 include the following: Section 4: Punishment for killing of a person by acid: Whoever kills anyone by acid shall be punished with death or rigorous imprisonment for life and also with fine not exceeding One Lac Taka. the perpetrator shall be punished with imprisonment of either description which may extend to 14 years but not less than 7 years of rigorous imprisonment. he shall be punished with rigorous imprisonment of either description which may extend to 7 years but not less than 3 years. a new officer must be assigned and action will be taken against the first officer. Section 6: Punishment for acid throwing or attempt to throwing: Whosoever throws or attempts to throw acid on any other person even if such an act causes no damage or injury to that other person whether physically. The new officer has 15 days to complete the investigation.
. that his/her sight or ear is damaged fully or partly or face or breast or sexual organ is disfigured or damaged. If any part or joint of victim’s body is disfigured or damaged or injured. he or she shall be punished with death or rigorous imprisonment for life and also a fine not exceeding One Lac Taka. Power of the Magistrate to take record of witnesses anywhere. Cancellation of acid selling licenses in case of violations. the officer is unable to complete the investigation. Two extensions of 15 days each can be granted on application to the court. along with a fine not exceeding Fifty Thousand Taka. Section 5: Punishment for hurt by acid: Whoever causes such bodily injury to a person. Locking up shops to prevent the illegal sale of acid and banning transport that is illegally engaged in carrying acid.•
Provision of Legal Aid for victims of acid crimes. mentally or otherwise. by acid. If after 60 days.
hoarding. 3. with the Minister for Home Affairs as its Chairperson. Within 90 days of the completion of investigation. The National Acid Control Council has been set up under this Act. Acid Offences Control Tribunals have been set up exclusively to try acid cases. All offences under the Act are cognizable. 2. Chancery Research and Consultants Trust. or there are reasonable ground for conviction or he/she is not woman or child or not physically impaired and the tribunal is not satisfied that ends of justice will not be hampered if he is enlarged on bail. Acid Control Act5 The Acid Control Act 2002 has been introduced in order to control the “import. If the Court is satisfied that the person is not involved in the offence. Section 13 in the Act states that legal action will be taken against any officers found negligent or corrupt in investigating the crime. it can grant bail. Home Affairs. Section 15 of the Act is a specific provision that gives the Court some discretion as to when it can grant bail. Bangldaesh Supreme Court. 5.33
English copy of this law translated by Ershad Karim. This Section states that a bail petition cannot be accepted if the Court is convinced that the state or complainant has not been heard on the bail petition. Secretaries from the Ministries of Commerce.
. headed by district or session judges. 6. The law also states that action will be taken against a negligent doctor. The court is expected to play a proactive role in ensuring effective investigation by the Police. transportation. 4. Industry. production. These topic-specific Tribunals are to ensure that members on the Tribunals are properly sensitized to acid attack cases. The law ensures that the acid attack victim gets proper medical examination immediately and receives a certificate regarding the examination. Members of the Council include the Minister for Women and Children Affairs. Salient features of the trial procedure are as follows: 1.Trial Procedures: The law outlines an elaborate trial procedure. Advocate. the trial has to be completed and a conviction secured. Women and Children Affairs. and representatives from civil society. non-compoundable and non-bailable. Health. sale and use of acid and to provide treatment for acid victims. rehabilitate them and provide legal assistance”.
In the Bangladesh law.
1. hydrochloric acid. Instead of following a narrow criminalization approach alone. following recommendations are presented for the consideration of the government and the Parliament: There is a need for comprehensive and effective legislation. the victims or their families should not have the sole authority to pardon or accept Diyat to let the perpetrators go unpunished. extension of free medical treatment.
In the new law.
1. as well as suspension of acid selling licences in case of legal violations. carbolic acid.
As Qasas and Diyat laws can be abused to the disadvantage of poor victims. the law should also provide for appropriate steps aimed at prevention of violence. phosphoric acid.2.
1.The law also establishes a rehabilitation centre for victims of acid crimes. nitric acid. the persons involved in such attacks or who abet or support such attacks should be sternly punished. allows closure of shops to prevent the illegal sale of acid. fluid or mixed ingredients of sulphuric acid.34 Recommendations In view of the background of burn violence and analysis of existing legislation presented in the above sections. or support and abet such violence in any manner. and directs banning of transport illegally engaged in carrying acid. acid has been defined as: “any kind of thick. which should simultaneously address various aspects of the problem. The law should take the fact into account that burn violence is one of the cruellest crimes imaginable and is invariably a premeditated crime.4. transportation and use of acid.
The law should provide stringent punishments for those who indulge in burn violence.1.3.
The investigation and trial procedure must be clearly and specifically laid out for such cases with the aim of ensuring effective and timely investigations as well as speedy trial.
1. and protection and rehabilitation of survivors.”35A draft Bill prepared by the National Commission for Women in India defines
1. ensures treatment of victims of acid crimes. it is important to treat the burn cases of most serious nature as crimes against the state.5. Acid Control rules were issued in 2005 that laid down elaborate procedures to restrict and regulate trading. chromic acid and aqua-regia and other corrosive items. it is important to clearly and comprehensively define the substances that can potentially be used for assault to burn. production. Even if no one gets hurt as a result of burn assaults. battery fluid (acid). When cases are so grave that extended families or entire communities feel disgusted and terrorised. Few amendments in the PPC are not likely to serve the purpose in terms of providing a comprehensive legal framework to deal with the challenges being faced by victims. whether directly or indirectly. provides for legal aid for the victims.
1. threats and coercion. Stringent bail terms are important to ensure justice as well as protect the victims and their families from harassment.
1. transportation and marketing of acid and other corrosive substances. The law should have a comprehensive definition of hurt. oversee and ensure implementation of the law. the sentences should take into account and be proportionate to: (i) the nature of physical injuries inflicted.
Personnel at regular courts are often overburdened with other cases and generally lack gender-sensitivity or comprehensive understanding of various laws that apply to violence against women cases.7.it even more broadly i. Punishments provided in the Poison Act 1919 are too light to provide any deterrent against illegal practices that can lead to crimes. (ii) the permanent damage caused to victims with respect to disabilities.”36 Definition of grievous hurt in the PPC focuses on weapons and does not clearly define the use of fire. acids and chemicals as a weapon with serious consequences for the victim. while specialized courts also exist in a number of countries.8.11. including Brazil. damage to social status. 1.
1. and (iii) the psychological harm caused by attacks. It should establish a body with representation from amongst all stakeholders to monitor.
The law need to recognize that the effects of burn attacks far exceed other kind of “hurts” in terms of short term and long term consequences for the victim. The law must provide an effective in-built mechanism for implementation for various
provisions of the law.: “any substance which has the character of acidic or corrosive or burning nature that is capable of causing bodily injuries leading to scars or disfigurement or temporary or permanent disability.
1. and inability to start or manage a family. Uruguay. Trials have become faster and punishments more stringent since Punjab started trying acid throwing incidents under the anti-terrorism laws.9. Parliament in Pakistan may consider institution of special courts for the purpose through the legislation or may use anti-terrorism court mechanism to deal with the burn violence. loss of career and livelihood.
Release of alleged criminals as a result of easy bail conditions often provide the perpetrators an opportunity to harass the victim and force their family to make a settlement. Venezuela and the United Kingdom to deal with the cases of violence against women. the law must take this factor into account by introducing strict regulations for storage. Bangladesh has successfully established special tribunals to handle the cases of acid violence. loss of income. Since easy access to acid has been identified as one of the reasons for prevalence of acid
while the government is bound by law to reimburse the fees within a preset fee bracket.13. besides collecting and maintaining data and establishing an appropriate surveillance system that could facilitate awareness and preventive steps. The legislation.
1.1. and (d) indirect monetary losses including loss of livelihood and future income opportunities.
. The law should provide for appropriate compensation to be paid by the perpetrator. In the light of the ruling made by the Supreme Court of Pakistan.
1. The Parliament may consider instituting an authority or a forum to support victims in
medical treatment. to the
victim. It is important that victims have free access to high quality legal assistance of their own choice to give them confidence that the state really cares for them and that they can get justice. Effective implementation of a law often requires resources. the law should make it
binding upon the state to provide free medical treatment and psychological and as well as socioeconomic rehabilitation to the victims of burn violence.15. Apart from physical injuries. The legislation on burn
violence is bound to contain provisions that will require budgetary allocation for its implementation. (c) direct monetary losses including loss of income. expenses incurred on treatment and legal expenses.14. therefore. socio-economic rehabilitation and legal support.
1. it is important that victims are given the freedom to appoint lawyers of their choice.12. should mandate the allocation of a budget for its implementation by creating a general obligation on Government to provide adequate budget. (b) the disabilities caused due to attack.
1.16. compensation should take into consideration: (a) the psychological trauma faced by the victim. Therefore. they are unable to
afford the costs involved in the litigation process. As most survivors belong to the lower socio-economic backgrounds.
• Legislation should make acid attacks a “transferable intent” crime. providing the same penalties regardless of whether the person injured was the intended victim. The perpetrator should be prosecuted under the murder statutes of the penal code. fines and education. • Legislation should penalize those who aid and abet this harmful practice. • Legislation should provide for enhanced penalties if a victim dies as a result of an acid attack. and should include family members among those who may be penalized. • Legislation should penalize anyone who commits an acid attack. Since acid attacks may be motivated by one of several different reasons. rather than the motive.
• Legislation should provide that sentencing guidelines reflect the gravity of the offense. specifically including family members among those who may be penalized. The specific law on the acid attack should provide a term of imprisonment and fine which is no less severe than what is provided under the murder statutes of the general penal code with the exception of capital punishment.Annex 1: UN Guidelines United Nations has prepared a Handbook on ‘Good Practices in Legislation on “Harmful Practices” Against Women’ 37. Legislators may consider following recommendations contained in the guide:
• Legislation should define an acid attack as any assault perpetrated through the use of acid. Legislation should criminalize the unlicensed sale of acids. • • Legislation should require sellers of acids to acquire licenses. • Legislation should provide for penalties of prison time. legislation should focus on the acts that constitute the crime.
• Legislation should establish and fund public awareness campaigns and training for all sectors about this harmful practice and its consequences. medical. should be amended or abolished.• Legislation should require sellers of acids to create and maintain a record of each sale and the identity of each purchaser. and • Legislation should provide legal. Monetary damages should include the cost of reconstructive surgery. • Legislation should provide for restitution or reparations separate from any criminal case and provide mechanisms of collection that the victim may easily use to collect the order for restitution from the perpetrator. and other types of rehabilitation services for victims. • Legislation should allow victims to pursue civil remedies against their attackers. • Legislation should mandate that police officers investigate any case reported by a medical provider where bodily harm was caused by acid. such as honour crimes. • Legislation and other practices that perpetuate this harmful practice.
. • Legislation should also provide that a court may amend or issue an order for restitution at a later time if the true extent of the survivor’s loss was not known at the time of the hearing on the restitution request or at the time of disposition of the case. • Legislation should impose a duty upon medical providers to report all cases of bodily harm caused by acid to law enforcement.
Consultant Psychotherapist Acid Survivors Foundation.com Burn Care Centre. Muzaffar A.hrcp-web. Lahore.org. Executive Director.28 Lines (Ext. Legal Coordinator. Khan.Tel: + 92-51-9260500 The Burns Centre. Pakistan Institute of Medical Sciences.com/Victims_of_acid_attacks List of Interviews Justice (R. Psychotherapist and EMDR Practitioner. 107-Tipu Block New Garden Town. Member National Assembly of Pakistan Ms. Plastic and General Surgion. Islamabad.org Online Resources World News: Documentaries on victims of acid attacks: http://wn. Islamabad. Acid Survivors Foundation.org/ Depilex Smile Again Foundation.
.burnscentre. Sana Masood. Rubina Saadat Qaimkhani.) Fakhrun Nisa Khokhar. Civil Hospital. 042-5761080. Islamabad. Dr. Mohammad Khan. Chairperson. Head of Burn Care Centre. Islamabad Dr. Tel: (92-21) 9215740 . Web: www. the Jubilee Block. Karachi. 0423-5502852. Acid Survivors Foundation. National Assembly Standing Committee on Social Welfare and Special Education Mr. 2459. Email: hrcp@hrcp-web. http://www. 042-7350991 Human Rights Commission of Pakistan. Tariq Iqbal. Lahore. Islamabad-Pakistan. Tel:+ 92 42 35838341.Useful Resources and Bibliography
Resources Acid Survivors Foundation. 2483). Pakistan Institute of Medical Sciences (PIMS) Barrister Naveed M.Tel: +92(0)51-4430499 Fax: +92-51-4430499 Email: acidsurvivorsfoundation@gmail. Consultant. Ms.35865969 Fax: + 92 42 35883582.35864994 . Khan and Company. KhadijaTahir. Ph: +92-42-35761080/35761090. Aiwan-i-Jamjoor.
Head Burn Centre Lahore. Asif Shah. Assistant Professor. 2010. (Telephone Interview) Dr. Wah Medical College. Human Rights Commission of Pakistan. 2009. New York. (Telephone Interview) Bibliography A Situation Analysis of the acid burn phenomenon in Pakistan. 2009 Rakhshinda Perveen. Department of Psychiatry & Behavioural Sciences. Islamabad. Jinnah Hospital Lahore. Innocent Digest. Gender Justice and Protection Project. (Telephone Interview) Dr. Muazim Ali Taradh. Facets of Violence. Aurat Foundation. Peshawar. Head Friends of Burn Care Centre. Nashtar Hospital Multan. No. Khyber Teaching Hospital (KTH). United Nations. UNDP. Head Burn Care Unit. 2010. (Telephone Interview) Mr. (Telephone Interview) Dr. Handbook for Legislation on Violence against Women. UNICEF. Karachi.. 2010. Dabir-ur-Rehman. Domestic Violence against Women and Girls. Head Burn Unit. TabassumAlvi. Wah. Department for Economic and Social Affairs. Annual Report.Dr. Manzoor Hussain. (Telephone Interview) Dr. Acid Survivors Foundation. Head Burn Care Unit. 2010
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