Identifier
Created
Classification
Origin
09ISLAMABAD358
2009-02-19 11:36:00
UNCLASSIFIED
Embassy Islamabad
Cable title:
SHARIAT COURT OVERTURNS RAPE LAW
how-toVZCZCXRO6655 OO RUEHLH RUEHPW DE RUEHIL #0358 0501136 ZNR UUUUU ZZH O 191136Z FEB 09 FM AMEMBASSY ISLAMABAD TO RUEHC/SECSTATE WASHDC IMMEDIATE 1517 INFO RUEHBUL/AMEMBASSY KABUL PRIORITY 9848 RUEHLO/AMEMBASSY LONDON PRIORITY 9697 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 4473 RUEHKP/AMCONSUL KARACHI PRIORITY 1081 RUEHLH/AMCONSUL LAHORE PRIORITY 6779 RUEHPW/AMCONSUL PESHAWAR PRIORITY 5704 RUEKJCS/SECDEF WASHINGTON DC PRIORITY RUEAIIA/CIA WASHDC PRIORITY
UNCLAS ISLAMABAD 000358
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KTIP KISL KWMN PK
SUBJECT: SHARIAT COURT OVERTURNS RAPE LAW
UNCLAS ISLAMABAD 000358
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KTIP KISL KWMN PK
SUBJECT: SHARIAT COURT OVERTURNS RAPE LAW
1. (U) Summary: Pakistan's Federal Shariat Court
invalidated a 25 year-old law allowing a man accused of rape
to impeach the credibility of his alleged victim by offering
evidence she "was of generally immoral character." In its
judgment, the four-member panel requested President Zardari
repeal the old law within six months, but if the President
fails to act the law will automatically expire after that
time. The ruling effectively removed the gender inequality
inherent in the old rape law. The Northwest Frontier
Province (NWFP) provided a brief to the court in favor of
changing the law. End summary.
2. (U) On February 11, a four-member panel of Pakistan's
Federal Shariat Court ruled a provision of the
Qanun-e-Shahdat Order of 1984 was repugnant to the Koran.
The matter appeared before the court on the petition of a man
who objected to the law allowing a man accused of rape to
taint the character of a woman while it was impossible to
give equal protections to women. The petitioner argued the
law violated the Islamic dictates of justice and equality.
3. (U) The Shariat Court's order advised President Zardari
to repeal the old provision on grounds it is anathema to the
penal laws of Islam which treat men and women equally. The
court also held the law was discriminatory on the basis of
gender, and violated the notions of gender equality in the
Koran. Should President Zardari fail to act on the matter,
the law will, in any case, expire after six months.
4. (SBU) Comment: The federal government and all four
provinces filed briefs in the case, but only the NWFP brief
argued the law should be repealed. The ruling improves the
legal rights of women in rape cases.
PATTERSON
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PHUM PREL KTIP KISL KWMN PK
SUBJECT: SHARIAT COURT OVERTURNS RAPE LAW
1. (U) Summary: Pakistan's Federal Shariat Court
invalidated a 25 year-old law allowing a man accused of rape
to impeach the credibility of his alleged victim by offering
evidence she "was of generally immoral character." In its
judgment, the four-member panel requested President Zardari
repeal the old law within six months, but if the President
fails to act the law will automatically expire after that
time. The ruling effectively removed the gender inequality
inherent in the old rape law. The Northwest Frontier
Province (NWFP) provided a brief to the court in favor of
changing the law. End summary.
2. (U) On February 11, a four-member panel of Pakistan's
Federal Shariat Court ruled a provision of the
Qanun-e-Shahdat Order of 1984 was repugnant to the Koran.
The matter appeared before the court on the petition of a man
who objected to the law allowing a man accused of rape to
taint the character of a woman while it was impossible to
give equal protections to women. The petitioner argued the
law violated the Islamic dictates of justice and equality.
3. (U) The Shariat Court's order advised President Zardari
to repeal the old provision on grounds it is anathema to the
penal laws of Islam which treat men and women equally. The
court also held the law was discriminatory on the basis of
gender, and violated the notions of gender equality in the
Koran. Should President Zardari fail to act on the matter,
the law will, in any case, expire after six months.
4. (SBU) Comment: The federal government and all four
provinces filed briefs in the case, but only the NWFP brief
argued the law should be repealed. The ruling improves the
legal rights of women in rape cases.
PATTERSON