A counterpoint:
There are sufficient laws to tackle the offences of rape, gang rape and child sexual abuse but they are not being implemented.
www.dawn.com
As I have said before, laws without effective implementation are worthless. What good is "fresh legislation" when the existing laws are useless due to lack of enforcement, a lack of any ability to enforce them, and worst of all, a total lack of will to make any changes?
I am sending the same message. Work on implementation of laws. Bring fresh legislation to strengthen implementation and conviction if you must like special courts to combat delay of cases in rape cases. Thats a fresh legislation or even using the the Special Courts Act 1976, i believe it is called as such. I agree that there are problems. I talked to NIAZ sir as well on PDF about it. This is why i keep citing proper changes and proper amendment but ofcourse it is far easier to bring in gimmicky legislation than actually bring in proper legislation like DNA evidence as Primary or specifically stating what happens when a MLO refuses to do DNA of a victim. Right now we use 166A and 166B of PPC against them by using the maze, that is common in our field of stating that the MLO is duty bound to see the victim and he is a government officer thus 166A and 166B applies. You can pass a legislation that brings forth proper procedure like the Medical officer, if he finds traces of rape is duty bound to contact the police, take medical report and the police upon arriving takes the victims statement and the rest. Something like this gives an avenue for easier justice and i know that you will say, its another roundabout office trip but that is how the law of this world works in any country. If the executive does not work then you use the courts to make them work. Our problem is that the executive is too lazy and we have to go to courts again and again to make them work.
I get your point that there needs to be an incentive by the state to actually implement the laws rather than just pass them and leave them to the people and the judiciary and there needs to be some form of will. I think one of the major reasons behind a lack of will by the state is that the state knows that implementation of laws is something the people dont care about despite it being the one thing that impacts the life of the people the most. Hear me out. Nobody and i mean nobody is interested in what a law is or what their rights are. They are not interested in Constitutional law nor penal laws nor procedural laws. They are not interested in standing there and demanding that their rights be respected. You see the executive and the parliament will always do what the people want or atleast most of it and they do that to secure their next election. The people dont want implementation of laws. They dont berate their local lawmaker that the Police refused to file an FIR and i had to hire a lawyer. They dont talk about that refusal. What they want are better sewerage system or a road or personal favors. They are just not interested and the electable, the guy that will stand in election, the party behind it know that if they take action and make the police file an FIR no matter what and create such a system and if they bring it to the people, then they will only get blank stares and no votes. The electable will always do what his electorate wants and the elctorate wants roads and sewerage and monuments ( not joking, Javed latif built like 4 monuments and got an F16 and won from Sheikhupura as MNA). What the people want, they will get. I have experienced this enough with the people of Pakistan that law and its implementation is the last subject they
Wish to hear
Wish to understand
Wish to know
Wish to even exist
They consider it as a foreign object placed on them from outside and this lack of respect stems everywhere and the government, then simply focuses on seeing development rather than unseen ones.
We can talk about Lack of will from the government and lack of ability but where is the lack of will from the people. Why dont they pressurize their Lawmaker on making sure he actually does his job and implements a law? I have met many lawmakers and all of them unanimously tell me that nobody is interested in implementation of law and always talk about personal favors and then on seeing developments. I am done giving the people the leeway that they are innocent and everybody else is at fault. Take this Rape discussion on social media. When you dont know what is the penalty of such, you deserve every lack of will by the state in implementation of law. Some of the most educated men stating that rubbish such as bring death penalty, rape isnt a death offense or we have british level evidence law of 1870. Aqal o shaur ke ghafil, Zia removed evidence law of 1800s and brought Qanun e Shahadat. It was his Islamic council that legitimized each law in Pakistan as Islamic. Then ofcourse another. People stand in high court for months without their first hearings. What Rubbish!! You cant file a plaint in High court without attaching Urgent form on it and if you do it before 9 AM then you get your first hearing on that day in the afternoon at 3 in Supplementary Cause List Otherwise the other day at Urgent Cause list where cases are heard and by 10 amish all urgent cases get their first hearings but you know. The rubbish stands. People are not interested in law so how can we expect the legislative to be.
My respected friend, you once stated that the people will always get the system they desire and they should get that system. You said it for PDF and for Pakistan. Well this is the system they want.
Which is why I rarely indulge in debate over legal aspects despite having background in law because I know the issue is NOT the law but the implementation and or the attendent politics that inevitably go with these things.
Really? How interesting. What field of law did you practice in? With the firm or did you make your own firm? Court hearings or the corporate cool guy?
