Legality of Castration in Pakistan and Legal Impediments in Legislation
Abstract
Abstract Views: 0Castration refers to the penalty against the rapist who has committed the cruel act of crime, for instance, rape. The prevalence of this crime in Pakistan is wearisome. The cases stated in the previous year have been alarmingly high. There are also a number of unreported cases owed to the distrust in the system with higher social pressure as well. Keeping in view the above mentioned circumstances, the government of Pakistan introduced two ordinances in the year 2020. The first ordinance deals with the gist of rape, life incarceration, and punishment of chemical castration. The second amendment deals with the procedural changes including trial of rape cases and investigation. Furthermore, the question whether this change violates the rights that are enshrined in the Constitution of Pakistan or international commitments has been discussed as well. The current study attempted to highlight the Islamic point of view pertaining to the punishment of chemical castration and legal impediment in legislation during the formation of these ordinances.
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References
Anti-Rape Investigation and Trial Ordinance. (2020). https://mohr.gov.pk/ SiteImage/Misc/files/Anti-Rape%20(Investigation%20and%20Trial)% 20Ordinance%2C%202020.pdf
Ashfaq, A. (2015, March 5). What you need to know about Pakistan's new Anti-Rape Bill. Dawn. https://www.dawn.com/news/1167324
Bhatti, N. F. (2021, January 10). Law: Will the new law stop rapes? Dawn. https://www.dawn.com/news/1600733
Creswell, J. W., & Poth, C. N. (2016). Qualitative inquiry and research design: Choosing among five approaches. Sage publications.
Criminal Law Ordinance (Amendment). (2020). https://mohr.gov.pk/ SiteImage/Misc/files/Criminal%20Law%20(Amendment)%20Ordinance%2C%202020.pdf
Fuller, L. F. (1965). The morality of law. Yale University Press.
Hart, H. (1994). The concept of law (2nd ed.). Oxford University Press.
Ilyas, M. I. (2020, March 12). Pakistan Zainab murder: New law aims to catch child abusers. BBC News. https://www.bbc.com/news/world-asia-51852381
Khan, A. A. (2005, September 8). Pakistan's real problem with rape. BBC News. http://news.bbc.co.uk/2/hi/south_asia/4223436.stm
Rösler, A., & Witztum, E. (2000). Pharmacotherapy of paraphilias in the next millennium. Behavioral Sciences & the Law, 18(1), 43–56. https://doi.org/10.1002/(SICI)1099-0798(200001/02)18:1<43::AID-BSL376>3.0.CO;2-8open_in_newISSN0
Saleh, F. M., & Berlin, F. S. (2004). Sex hormones, neurotransmitters, and psychopharmacological treatments in men with paraphilic disorders. Journal of Child Sexual Abuse, 12(3-4), 233–253. https://doi.org/10.1300/J070v12n03_09
Stinneford, J. F. (2006). Incapacitation through maiming: Chemical castration, the eighth amendment, and the denial of human dignity. University of St. Thomas Law Journal, 3(3), Article e10.
rape incidents reported in Pakistan every day, official statistics reveal. (2020, November 13). The News International. https://www.thenews.com.pk/latest/743328-about-11-rape-cases-reported-inpakistan-every-day-official-statistics-reveal
United Nations. (1965). International covenant on civil and political rights. https://www.ohchr.org/en/instruments-mechanisms/instruments/ international-covenant-civil-and-political-rights
Yasif, R. (2021, March 20). Both accused in motorway gang-rape sentenced to death. The Express Tribune. https://tribune.com.pk/story/2290463 /bothaccused-in-motorway-gang-rape-sentenced-to-death
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