Rights activists welcome Pakistan Senate move to scrap death penalty for two crimes

Arab News

5 days ago

KARACHI: Rights activists in Pakistan on Saturday welcomed Pakistan's Senate decision to abolish the death penalty for two criminal offenses— publicly stripping women and harboring hijackers— but stressed the need for stronger legislation and better enforcement to ensure justice for survivors and prevent violence.
The reform amends Sections 354-A and 402-C of the Pakistan Penal Code and replaces capital punishment with life imprisonment for the two crimes.
Lawmakers say the move is part of a broader effort to align Pakistan's criminal justice system with international human rights standards, particularly under the European Union's Generalized Scheme of Preferences Plus (GSP+), which grants preferential trade access to countries that uphold certain rights commitments.
'Publicly stripping women of their clothes is one of the most heinous crimes and must be met with the harshest punishment,' Mahnaz Rahman, woman's rights activist and former executive director of the Aurat Foundation, told Arab News. 'While we strongly advocate for severe punishments for such acts, we do not support the death penalty for any crime, including this one.'
She said life imprisonment itself was an 'extremely severe' punishment, though she insisted the change must be accompanied by comprehensive and robust legislation to prevent this and all other forms of violence against women.
'Ultimately, it is the effective enforcement of laws and accountability that will deter such crimes and help ensure that women feel genuinely safe and protected in our society,' she added.
Sarah Belal, Executive Director of Justice Project Pakistan (JPP), said the reform aligned Pakistan's criminal justice system more closely with the principles of fairness and the rule of law.
'The death penalty has never been enforced for this offense, but its mere presence has discouraged convictions and denied survivors meaningful redress,' she said. 'Harsh punishments may appear tough, but they often let perpetrators walk free.'
'Removing the death penalty for these offenses does not mean they are being decriminalized,' she added. 'It simply means we are pushing for stronger, more proportionate implementation of the law.'
Senator Talal Chaudhry of the ruling Pakistan Muslim League-Nawaz (PML-N) party who introduced the bill said the amendments had been thoroughly discussed and approved by a standing committee with cross-party input.
'Replacing the death penalty with life imprisonment under both sections is part of Pakistan's legal reforms,' he said.
The bill must now be passed by the National Assembly before it can receive presidential assent and become law.
Under existing law, Section 354-A allows for capital punishment or life imprisonment for anyone who assaults and strips a woman in public, while Section 402-C applies the same punishment to individuals who knowingly harbor hijackers.
The new bill eliminates the death penalty option for both. However, some lawmakers have voiced concern over the move.
Senator Samina Mumtaz Zehri of the Balochistan Awami Party warned that Pakistan's low conviction rates and weak enforcement mechanisms could make reduced punishments ineffective as a deterrent.
'This is not right,' she was quoted as saying by Dawn newspaper. 'This is not going to help the country or its people.'
Chaudhry defended the move, pointing to the misuse of capital punishment laws enacted during the military regime of General Zia-ul-Haq.
'Life imprisonment is by no means a minor punishment,' he said, noting that the law had often been abused by police to settle personal vendettas.
Federal Law Minister Azam Nazeer Tarar emphasized that the changes did not affect death sentences for more serious crimes like murder or rape.
'We are only removing the death penalty from offenses that do not constitute the 'most serious crimes,' a key requirement under the GSP+ agreement,' he said in response to a query by Senator Shibli Faraz.
Pakistan has long faced international scrutiny over its broad application of the death penalty.
At least 31 offenses are currently punishable by death under Pakistani law. While executions have not taken place since 2020, over 6,100 people remain on death row, according to the Justice Project Pakistan.
Between 2015 and 2019, more than 500 people were executed following the end of a moratorium in 2014.
Senator Quratulain Marri of the Pakistan People's Party, a coalition partner of the ruling PML-N, said her party opposed the death penalty on principle.
'There are numerous studies on how capital punishment is not an effective deterrent,' she told Arab News. 'While the need for reforms cannot be ruled out, we have to consider bringing changes that better society in the long run. The aim is to rid society of the crime and not just the criminal.'