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Trial by Fire:

Towards new Legislation to Combat Burn Violence in Pakistan

Zaigham Khan

Women Parliamentary Caucus (WPC) Islamabad

Embargoed
This Draft is being reviewed by the Women Parliamentary Caucus. You are requested not to circulate it till the WPC makes it public. Author

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Contents
Contents..................................................................................................................... 3 Abbreviations.............................................................................................................. 5 Foreword (suggested draft)........................................................................................6 Summary....................................................................................................................7 Introduction................................................................................................................ 9 Violence against Women............................................................................................9 States 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

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Acid attacks on women: India to learn from Bangladesh, The India News, retrieved on 20 November 2010, (http://www.thaindian.com/newsportal/uncategorized/acidattacks-on-women-india-to-learn-from-bangladesh_10042926.html).......................36 Recommendations....................................................................................................27 Annex 1: UN Guidelines............................................................................................30 Useful Resources and Bibliography..........................................................................32 References................................................................................................................34

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Abbreviations

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

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Foreword (suggested draft) Violence Against Women (VAW) is a serious problem worldwide. It restricts womens autonomy, their productivity, and their capacity to care for themselves and their children. It also has profound impact on national development as it perpetuates poverty by reducing womens ability to work in the public sphere, limiting their access to information and reducing childrens school attendance. In recent years, VAW has gained greater public acknowledgment in Pakistan but denial of its scope and seriousness remains widespread. Victims of violence themselves often prefer to remain silent because social customs, powerful institutions and legal systems fail to provide them protection and support. Pakistans incumbent Parliament is committed to change this situation and has already passed some historic legislation. In order to take further policy and legislative interventions, it requires evidence in the form of research and investigation. This paper explores the laws related to burn violence, legislative initiatives taken recently in Pakistan and in the region, and presents recommendations to Pakistans Parliament in general and Women Parliamentary Caucus (WPC) in particular on how to deal with this issue effectively. Combating the practice of burn violence through effective legislation is a challenge faced by Pakistans Parliament. Through this evidence-based publication, the WPC sought to suggest ideas, identify good legal practices in the region and explore main areas that need attention, while drafting a new law on burn violence. In the immediate run, this brief would inform parliamentarians on the complex issue of providing support to victims of burn violence through prevention, prosecution and socio-economic rehabilitation. It is also hoped that this brief would facilitate networking among parliamentarians and public interest groups who are working on violence against women. WPC acknowledges the support of Centre for Peace and Development Initiatives (CPDI) and Individualland (IL) in developing this policy brief. Based in Islamabad, both these civil society organizations have provided technical and research assistance to the WPC under the Womens Political and Parliamentary Development Project supported by the Asian Development Bank (ADB). With their support, 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. Dr. Fehmida Mirza

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Chief Patron WPC

Summary

Violence against Women is defined as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.Due to systematic discrimination, status of women is undermined throughout South Asia, as it is evident from extremely low human development indicators including the population sex ratio (i.e. proportion of females to males), females literacy rate, and work force participation. Burning and acid throwing are extreme forms of violence that harm victims both physically and psychologically and result in their stigmatization. Acid throwing is most rampant in the cotton belt of the Southern Punjab. The prevailing situation of impunity emboldens the perpetrators who find it easy to acquire acid and commit the heinous crime. Pakistan Penal Code does not have a specific provision to deal with the issue of burn violence. However, death and grievous injuries resulting from burn violence fall within the definition of hurt as provided in Section 332 of Pakistan Penal Code (PPC), 1860 and other provisions of PPC related to hurt. If the incident of burning results in death, it is treated as Qatl-i-Amd (planned murder) punishable under Section 302 of PPC, 1860. In the absence of a specific law on burn violence, litigation is often prolonged and culminates in uneven sentences. Bails are granted easily and perpetrators often get away with light sentences. Sometimes, 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. Hence, there is an urgent need for a comprehensive law amending a number of sections of PPC as well as the Criminal Procedure Code (CrPC). Legislation on burn violence will manifest Parliaments commitment to womens rights and protection. 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. 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. The Ministry of Women

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Development is also preparing a draft law on the instructions of the Supreme Court. However, so far, 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. As the Supreme Court of Pakistan has observed, legislation enacted in Bangladesh may be a good model, 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. This paper presents specific ideas for effective and comprehensive legislation to control burn crimes and support the victims.

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Introduction Burn violence is one of the most heinous forms of violence prevalent in many developing societies. In Pakistan, this kind of violence is a serious challenge for policy makers, courts, law enforcers, institutions dealing with social protection and health professionals. Burn is also one of the greatest traumas a human being can sustain, and this trauma is reinforced if injuries are inflected due to violence. Absence of a proper law to deal with the burn violence has resulted in delayed prosecution as well as light and uneven sentences. It has also resulted in lack of sate support for the victims. This paper explores the current laws as well as the initiatives to introduce new laws. It also analyzes the Bangladesh laws that have been hailed as a model, and makes some suggestions for enacting a new law. Objectives of this policy paper include the following:

To present before the stakeholders, including government officers and parliamentarians, the current situation regarding burn violence and highlight the need for new legislation; To present good legislative practices from the region; and To highlight the areas that legislators should keep in mind while drafting or approving a new legislation on the issue.

Methodology for this paper included desk review of existing laws and other relevant literature as well as interviews with key civil society activists, members of the Parliament as well as lawyers. Violence against Women Violence against women is a global epidemic that kills, tortures, and maims physically, psychologically, sexually and economically and it results in denial of security, dignity, selfworth, and the right to enjoy fundamental freedoms to women. 1The UN Declaration on the Elimination of Violence against Women defines violence against women as any act of genderbased violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.2 According to the Declaration, violence against women includes the following3:

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(a) Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; (b) Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; (c) Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs. Violence against women is often tolerated in the name of cultural practices and norms, or by misinterpreting religious tenets. Moreover, when perpetrator of violence is a family member, the state and the law-enforcing machinery tend to display passivity and silence.4 Table 1: 15 Top Districts for VAW Crimes

Source: Aurat Foundation5 Throughout South Asia, status of women is undermined thorough systematic discrimination. Human development indicators including the population sex ratio (i.e. proportion of females to males), literacy rate, and work force participation are extremely low. Similarly, statistics are particularly high for maternal mortality and morbidity, fertility and crimes against women. According to groundbreaking work by Nobel laureate Amartya Sen, ratio of the number of women to the number of men in Pakistan is alarming low; in fact it is the lowest ratio for any

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large country.6 As the male population of any country should be equal to the number of females, the fact that millions of women are missing in Pakistans population shows gender discrimination and extremely high level of mortality among girls and mothers. Physical violence is the most brutal and most visible form of mistreatment a woman can face. Thousands of women become crippled or disfigured and hundreds die as a result of violence. In 2009, a total of 8,548 incidents of violence against women were reported in the print media across Pakistan. During this year, some 245 women were killed in the name of 'honor' in the Punjab, 14 in the Khyber Pakhtunkhawa, 59 in Baluchistan and 284 in the province of Sindh.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. While prevalent in every area of the country, incidents of violence against women are extremely high in some areas; in fact, these areas can be considered hotspots of violence against women. Following table shows top districts in the term of crimes against women as reported in the press. Burning and acid throwing are extreme forms of violence that destroys the victims both physically and psychologically. Assault by burning is most often caused by burning a victim after dousing her with kerosene, petrol or some other flammable liquid. In Pakistan, such incidents are referred to as stove burning incidents and most victims are young, married women. Acid violence involves an attack against an individual in which sulphuric, hydrochloric, or nitric acid is employed as a weapon to cause severe bums. The results are permanent disfigurement, often blindness and sometimes hearing loss, depending on where the acid falls. Acid continues to burn after the attack is over, unlike other causes of bums, as it eats into the skin and tissues, often revealing bones. In a country like Pakistan, where many such attacks take place in remote rural areas, the chances of receiving appropriate and timely treatment for acid bums are slim.8 The results of an acid attack can be horrifying for a victim. Acid causes the skin tissues to melt, often exposing the bones below the flesh; at times even bones dissolve due to corrosive effect of acid. Many acid attack survivors lose the sight of one or both eyes. The victim is traumatized physically, psychologically and socially. In Pakistan, hundreds of children and women become victims to stove burning and acid throwing, while dozens of men also become victims to acid throwing incidents. A fraction of these incidents are reported to the police or covered in the press. In absence of a proper reporting system or a national database, it is difficult to estimate the incidence of burn violence in the country. 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

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Burn violence is committed for various reasons. Following pie chart shows that family disputes are the leading reason for acid violence (45%). Girls are also targeted for declining a marriage proposal (17%) and for repulsing sexual advances (4%). Other reasons for acid attacks include land disputes (3%), financial disputes (1%), professional jealousy (2%) and revenge (2%). Many people, particularly children, become victims of acid attack because they are close to the target at the time of attack (10%).

Source: Acid Survivors Foundation (ASF) While incidents of acid violence are reported throughout the country, this type of violence is most rampant in the cotton-belt of Southern Punjab where acid is widely used in treating cotton seeds. The fact that easy access to acid is linked to acid crimes is clear from the above chart. Acid can be a weapon far more devastating than a firearm, but is available more cheaply and without any restrictions. 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.

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States 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. Under this concept, states are required to prevent and punish rights violations by private actors.9 Under international laws and standards, a state is responsible to uphold womens rights and ensure freedom from discrimination and violence. As following international conventions show, it is the responsibility of the state to prevent, protect and provide redress. The U.N Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) In 1996, Pakistan ratified the U.N Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As a party to CEDAW, Pakistan is obliged to pursue by all appropriate means and without delay a policy of eliminating discrimination against women including distinction, exclusion or restriction made on the basis of sex which has the purpose of imparting or nullifying the recognition, enjoyment or exercise by womenon a basis of equality of man or women, of human rights and fundamental freedom...10 General recommendations of the convention provide that states are responsible for state-based violence and discrimination against women. A state can be held accountable for violence committed by an individual when the state fails to act with due diligence in prevention, investigation, punishment of perpetrators of violence. By adopting this convention in 1996, Pakistan agreed to take concrete steps to eliminate discrimination against women. However, many provisions of the Convention have not yet been incorporated into domestic law and procedures. An important relevant provision of the Convention is the need to eliminate cultural practices and customs that discriminate against women. Both Article 2 (f) and 5 (a) of CEDAW are quite clear and instructive in this regard. In 1992, 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.11 The committee noted that states are obliged under CEDAW to take steps to provide the following: (a) Effective legal measures, including penal sanctions, civil remedies and compensatory provisions to protect women against all kinds of violence, including iner alia violence and abuse in the family, sexual assault and sexual harassment in the workplace; (b) Preventive measures, including public information and education programmes to change attitudes concerning the roles and status of men and women; (c) Protective measures, including refugees, counselling, rehabilitation and support services for women who are the victims of violence or who are at risk of violence.

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It is clear that the duties enumerated by the CEDAW Committee extend beyond the criminal justice system and encompass preventive and protective measures. Declaration on Elimination of Violence against Women In its Declaration on Elimination of Violence Against Women12, adopted in December 1993, the United Nations reaffirmed states obligations of due diligence, especially as it applies to protection of women from violence. The declaration denounces violence against women, including violence in the home, as a violation of rights and fundamental freedoms of women. It provides that states should condemn violence against women.[and] exercise due diligence to prevent, investigate, and in accordance with national legislation, punish acts of violence against women.13The declaration explicitly states that governments obligation applies regardless of whether those acts [of violence] are perpetuated by the State or by private persons.14 The International Covenant on Civil and Political Rights (ICCPR) The International Covenant on Civil and Political Rights (ICCPR)15, which Pakistan ratified in 2008, is a cornerstone of international human rights law. It requires governments to ensure the rights to life and security of the person of all individuals in their jurisdiction, without distinction of any kind, including sex. The ICCPR requires Pakistan to not only refrain from, but also prevent private actors from committing acts of 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. MDG Goal Number-3 deals specifically with women. It states: Promote gender equality and empower women. Violence against women is a serious health and development concern as it has a devastating effect on womens sexual and reproductive health, as well as the health of their children, and is rooted in gender inequality. Reducing violence against women is a key strategy for the achievement of the Millennium Development Goals.16 Constitution of Pakistan Constitution provides for and protects fundamental rights of each and every citizen. The basis of fundamental rights is laid out in Article 4, which states that it is the inalienable right (i.e., 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. The Article 4 states that: no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. Articles 8 to Article 28 of the 1973 Constitution describe the Fundamental Rights that are available to all citizens. The constitution prohibits discrimination in all its forms including on the basis of sex. Article 25 deals with equality of citizens and states that: all citizens are equal

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before law and are entitled to equal protection of law. This article allows government to take affirmative action to protect women and children, as it states that: Nothing in this Article shall prevent the state from making any special provision for the protection of women and children. Apart from the fundamental rights, constitution also contains several principles of policy outlining equality between genders and protection of women and family. Article 34 states: Steps shall be taken to ensure full participation of women in all spheres of national life. Similarly, Article 35 resolves that the State shall protect the marriage, the family, the mother and the child. It is obvious that violence against women violates fundamental rights as enunciated in Pakistans 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. Existing Legislation There is no specific provision in Pakistans criminal law that directly deals with the issue of burn violence. However, if the incident of acid throwing or burning results in grievous injury, it falls within the definition of hurt as provided in Section 332 of Pakistan Penal Code (PPC), 1860 and other provision of PPC related to hurt. If the incident of burning results in death, it is treated as Qatl-i-Amd (deliberate murder) punishable under Section 302 of PPC, 1860. In Pakistan, acid violence is currently tried under various laws including Anti-Terrorism (Amendment) Ordinance 1999; 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; and Section 3363of PPC, which provides punishment for offence under section 335.17 Acid crimes are at times tried under Anti Terrorism laws, as these crimes have the effect of striking terror and sense of insecurity generally in the community.4
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The section provides, Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, 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, and, if hurt is caused to any person by such act, the offender shall (in addition to the imprisonment and fine as aforesaid) be liable to the punishment provided for the hurt caused; provided that, where the punishment for the hurt is qisas which is not executable, 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. 2 The section provides, Whoever destroys or permanently impairs the functioning, power or capacity of an organ of the body of another person, or causes permanent disfigurement is said to cause itlal-i-salahiyyat-i-udw. 3 The section provides, Whoever, by doing any act with the intention of causing hurt to any person, or with the knowledge that lie is likely to cause hurt to any person, causes itlaf-isalahiyyat- i-dw, of any person, shall, in consultation with the authorized medical officer, 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, 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. 4 Section 6 of Anti Terrorism Act 1997 provides, A person is said to commit a terrorist act if he, (a) in order to, or if the effect of his actions will be to, strike terror or create a sense of fear and insecurity in the people, or any section of the people, does any act or thing by using bombs, dynamite or other explosive or inflammable substances, or such

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However, various provisions of PPC and other laws have been interpreted by the higher courts and, therefore, these need to be understood in the light of such judgments. In one important and relevant case (i.e. Gul Hassan Khan vs. Govt. of Pakistan and Another18), 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 court declared that:19 Sections 299 to 338 of the Pakistan Penal Code, 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)

e) f)

al-amd (deliberately causing hurt) as is prescribed in the Holy Quran and Sunnah; 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 for compromise between the parties on agreed compensation when they make sulh (compromise) in cases of qatl and jurh; do not provide that the offender may be pardoned by the victim in cases of jurh (hurt), and by the heirs of the victim in cases of qatl whereby the Court can award him a sentence of imprisonment by way of Tazir which may extend to imprisonment for life; do not exempt a non-pubert and an insane offender from the sentences to death in case of murder; and do not define the different kinds of qatl and jurh in accordance with their respective punishments prescribed in the Holy Quran.

As a result of this judgment and political priorities of the time, the Qisas and Diyat laws were also enacted in 1990, which effectively removed the mandatory penalties for murder and bodily injury.20 By removing the mandatory punishment, the Qisas and Diyat law provides a victim with a number of different options in the event of bodily injury or murder. A victim may pardon the
fire-arms or other lethal weapons as may be notified, or poisons or noxious gases or chemicals, in such a manner as to cause, or be likely to cause, the death of, or injury to, any person or persons, or damage to, or destruction of, property on a large scale, or a widespread disruption of supplies of services essential to the life of the community, or threatens with the use of force public servants in order to prevent them from discharging their lawful duties; or (b) commits a scheduled offence, the effect of which will be, or be likely to be, to strike terror, or create a sense of fear and insecurity in the people, or any section of the people, or to adversely affect harmony among different sections of the people; or (c) commits an act of gang rape, child molestation, or robbery coupled with rape as specified in the Schedule to this Act; or (d) commits an act of civil commotion as specified in section & A." Punishment given under section 7 provides, Whoever commits a terrorist act,- (i) referred to in paragraph (a) of section 6, shall(a) if such act has resulted in the death of any person be punished with death; and (b) in any other case, be punishable with imprisonment for a term which shall not be less than seven years but may extend to life imprisonment, and shall also be liable to fine; and (ii) Referred to in paragraphs (b) and (c) of section 6 be liable to the punishment prescribed under the relevant law.

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criminal and accept compensation to expunge the crime and let the criminal go free. Ultimately, the Qisas and Diyat law prevents the state from deciding how criminal matters should be dealt with. 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. Qisas and Diyat laws have, in many respects, converted serious crimes, including murder and aggravated assault, into crimes against the individual rather than the state.21 This privatization of crimes by the qisas and diyat laws has particularly damaging consequences in cases of intra family violence. As a result of the law, not only are women victims of violence and their heir susceptible to pressure and intimidation to waive qisas, but the concept of monetary compensation can be meaningless in a situation where payments flow from on member of the nuclear family to another.22 Following are some important legal definitions relevant to burn violence.23 Hurt Sub-section 1 of section 332 has defined the hurt as: ...whoever causes pain, harm, diseases, infirmity or injury to any person or impair, disable or dismember any part of the body thereof of any person without causing his death, is said to have committed hurt. The clauses (a) to (e) of subsection 2 of Section 332 of PPC refer to kinds of hurts, which are Itlaf-i-udw, Itlaf-iSalahiyyat-i-udw, Shajjah, Jurh and other kinds of hurts. The details of these provisions are enunciated in sections 333 to 337of PPC. 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. Under clause (i) of 337-A of PPC, the offender shall be liable to daman as well as imprisonment as tazir. Itlaf-i-udw The section 333 has defined the itlaf-i-udw, whoever dismember, amputate, 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. The detail of the punishment is given in section 334 of PPC, 1860, which provides that the execution of the qasis shall be enforced after consultation of authorized medical officers. The offender shall also be liable to pay the amount of arsh as compensation proportionate to the injury. Salahiyyat-i-udw The section 335 has defined the Salahiyyat-i-udw, ...whoever destroy the or permanently impair the functions, power or capacity of an organ of the body of another person or causes permanently disfigurement is said to cause Salahiyyat-i-udw. The punishment for such injuries is liable to qisas and punishment in tazir up to ten years. The detail conditions for execution as qisas are provided in section 336 of PPC, 1860. The qisas shall be executed after consultation of medical

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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. 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 subsection 2 of same section has classified the types of the shajjah, 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, diyat, daman and tazir. 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. The offender shall be punished with each disability caused to victim in same manner. The punishment for hurts has been defined in sections 334, 336,337A, 337D, 337F. Arsh The arsh means monetary compensation awarded to the victim by offender by order of court, the details of the amount of compensation have been provided in section 337Q to 337X. 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. The arsh for organ of human body, 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. The value of the arsh for fingers shall be one tenth of diyat and teeth one-twentieth of diyat for one tooth, and value of the arsh have been defined in section 337V. The section 337W have prescribed that value of hurt shall be liable for each hurt. 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. Daman Section 337Y of PPC has given discretionary power to court to award compensation to 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. 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; and will also be liable to imprisonment as Tazir for the term which may extend to three years. Section 174-A of the Criminal Procedure Code In 2002, 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, more particularly in burn cases. The amended provisions of section 174A ensure that:

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1. A police station is bound to register a case of hurt, murder or attempt to murder immediately on receipt of information of such an occurrence. 2. The police officer is bound to send copies of FIR to the nearest Magistrate, District and Sessions Judge, and the District police officer. 3. The doctor who treats the victims is bound to record her statement, which could in case of death serve as dying declaration. As is clear from above, the offender is liable to qisas, arsh, daman and tazir. Certain injuries are liable to qisas and arsh, while others are liable to daman and tazir according to the seriousness of the injury caused.24 However, all these provisions are about hurts in general; and do not take into account the extremely grievous affects of acid or other kinds of burn violence. Anti-Terrorism Law In November 2009, the Punjab government, taking a strict notice of the acid throwing incidents on women, ordered registration of such cases under section 7 of the Anti-terrorism Act.25 The courts in Punjab have awarded sentences up to life imprisonment in wake of this move.26 It is not common to award stringent punishments under the existent laws. However, at times, judges have successfully used present laws to award strict punishment to the perpetrators of crimes. In one such case, which was decided in October 201027, judge awarded 21-year rigorous imprisonment to a man, who had caused serious burn injuries to his wife by throwing acid on her face. The trial continued for 7 years, and resulted in the conviction of Syed Irfan Hussain Zaidi under sections 324, 336, 337(ii) and 337(v) of PPC. He was sentenced for 7 year rigorous imprisonment under section 324, and another 7 years rigorous imprisonment with Arsh equivalent to full Diyat worth Rs3,831,856 for causing damage to one eye of the victim under section 334. 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. He was further ordered to pay Arsh equal to full Diyat for causing Itlaf-e-Salahiat of lips, 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. Furthermore, The convict was ordered to pay Rs. 50,000 as Daman to the victim under section 337 (ii) of the PPC for causing injuries on her chest and arms. The convict was further ordered to pay Rs 200,000 as compensation to the victim under section 544-A of CrPC. I case of failure of payments, the convict was to face 6 month simple imprisonment. While this case illustrates that judges at times impose relatively strict punishments, it is also evident that it takes a long time to decide such cases. Furthermore,

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in this case, it is clear that maximum term of imprisonment is not more than 7 years, despite that the nature of crime is so grave that the victim will never be able to live a normal life.

Laws Regarding Availability of Acids Sale of acids is regulated in Pakistan under the Poison Act (XII) of 1919. This Federal Law grants the provinces the power to regulate possession for sale and sale of any poison. For the purpose, provinces are empowered to make rules. Under this law, the rules that provinces make can provided for: (a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of the fee (if any) to be charged for such licences; (b) the classes of persons to whom alone such licences may be granted; (c) the classes of persons to whom alone any such poison may be sold; (d) the maximum quantity of any such poison which may be sold to any one person; (e) the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same; (f) the safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale.28 The Act also sets punishment for breach of the law. In case of a violation of the terms of license to sell poisons, the first conviction may involve three months imprisonment and/or five hundred rupees fine. However, subsequent convictions become little harsher involving up to six month imprisonment and/or one thousand rupees fine.29 Under this law, provinces have also made rules to regulate the sale of acids. In the Punjab province, current rules were issued in July 1942 and amended through a notification in 2001. Under these rules, acids can be sold only by a shopkeeper holding a license to do so. However, retailers sell acids without any license and do not keep any record of their sale or customers. Furthermore, while the punishments are light, the monitoring mechanism is virtually nonexistent to oversee the sale of acids. Hardly a trader has ever been prosecuted for breaching this law.

Issues in Existing Legislation

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The existing legislation on burn crimes is inadequate and flawed due to several reasons, which include the following: There does not exist any law, which specifically deals with burn violence and crimes. As a result, burn cases are treated under normal categories of hurt as defined in the PPC, which do not recognize the extremely grievous effects and consequences of burn violence for the victims for immediate and long terms. As a result, there does not exist an adequate legal deterrent against burn violence and the perpetrators feel that they can get away with the crime. It has, arguably, encouraged others to commit violence involving acid and fire.
1.1.

Qisas and Diyat laws have privatized serious crimes, including burn violence, into crimes against individual rather than state. 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.
1.2.

In absence of a specific and a comprehensive law on burn violence, judges apply different sections of PPC according to their discretion. These sections do not take into account the permanent damage caused to victims with respect to loss of career and livelihood, loss of income, damage to social status, inability to start or manage a family and the psychological harm caused by attacks. This situation results in light and uneven sentences, if at all such sentences are awarded and upheld by courts. Most perpetrators are able to get bails easily; and many of them later harass the victims or families to compromise and withdraw the cases.
1.3.

The Poison Act 1919 is inadequate and flawed; and has failed to deliver the desired results. It has a limited scope and provides light sentences. It has not been improved in any meaningful manner since 1919. It provides a weak monitoring and implementation mechanism.
1.4.

Litigation under the existent laws is often prolonged and sentences are uneven and light. When punishments are handed on multiple counts, they can be concurrent, making them less severe.
1.5.

Use of anti-terrorism laws to try cases of burn violence brings a temporary relief in the form of speedy procedure and stringent sentences. However, this is not a permanent solution and cannot be considered a substitute to a legislation specifically dealing with the burn crimes. Many legal experts consider the Anti-Terrorism Act of 1997 as confusing untidy and inadequate. Though the special anti-terrorism courts, created through this law, are supposed to decide cases in a week, these courts are also clogged because of an over-extended mandate. The law gives a vague definition of terrorism. As a result, the anti-terrorism courts in Punjab have been dealing
1.6.

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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.30 Procedures required for ensuring swift trial are not laid down and special courts do not exist to try the cases of such violence. Existing laws also do not provide for free legal services to the victims, who often belong to the weakest sections of society.
1.7.

Existing legal framework does not provide for medical and socio-economic support for the victims or their families. As a result, they are left at the mercy of circumstances that usually lead them to a life of poverty, misery and disability.
1.8.

1.9. Current laws do not provide for appropriate compensation to be paid, by the perpetrator, to the victim taking into consideration the psychological trauma faced by the victim, the disabilities caused due to attack, direct monetary losses including loss of income, expenses incurred on treatment and legal expenses and indirect monetary losses including loss of livelihood and future income opportunities. Attempted Legislation Legislators at the provincial and national level have been making efforts to strengthen the legislation on acid or burn related crimes. However, no legislation has so far been passed. The Punjab Assembly unanimously passed a resolution on August 8, 2003, asking that an acid attack be treated as attempted murder. The resolution proposed a licensing system for the production, import, transportation, storage and sale of any type of acid. It also advocated mandatory prosecution by the government for the perpetrators of acid crimes. The resolution recommend that the best way to combat acid violence was to carry out speedy trials for those accused of committing acid burning, besides providing free legal aid to victims.31 Several private member bills have also been moved in the National Assembly, which are briefly reviewed as below: Bill Moved by Justice (R) Fakhar-un-Nisa Khokher and Ms. Marvi Memon The bill was introduced by two members of the National Assembly, Justice Fakhar-un-Nisa Khokhar and Ms. Marvi Memon, seeking amendment in Pakistan Penal Code 1860 (No XLV of 1860). The bill proposes to add a new Section, 335A, after Section 335. The new section reads as: Whoever with the intention to disfigure or deface another person by throwing acid or by means of fire, or using arsenic weapon, is said to cause disfigurement or defacing. The bill also seeks to amend Section 336 Act, XLV of 1860. After amendment, the Section will read as: Whoever causes permanent disfigurement of face or any part of the organ of the body through using acid, fire, or an arsenic weapon shall be punished for a term which may extend to life imprisonment and a fine Rs.500,000 (Five Lac Only) to be recovered from his property and

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from his shares of property. Provided that any such offence shall be triable in the Anti Terrorism Courts. Acid Control and Acid Crime Prevention Bill 2010, Moved by Ms. Marvi Memon, Begum Shahnaz Sheikh, Ms. Anusha Rehman Khan, MNAs The bill broadly defines the crime of voluntarily causing hurt by dangerous means or substances; it phrases the definition to allow for punishment even where someone other than the intended victim is injured. The bill provides for a maximum penalty of life imprisonment for those convicted of the crime. 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. 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. In addition, the bill contains a provision requiring sellers of acids to keep detailed records on each sale. The Rehabilitation Authority for Victims of Violence and Abuse Bill, 2010 Moved by Ms. Yasmeen Rehman and Dr. Azra Fazal Pechuho, MNAs This bill seeks to establish a Rehabilitation Authority for Victims of Violence and Abuse. 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. While working for social protection for the victims, the body is to be empowered to carry out investigation with the authority of a civil court. The bill also seeks to institute a fund for victims of violence and lays down the procedure for supporting survivors and victims of violence. The Bill Prepared by the Ministry of Women Development In the light of the orders of the Supreme Court of Pakistan, Ministry of Women Affairs has prepared a bill in collaboration with the Acid Survivors Foundation (ASF). The ministry used the legislation already introduced by parliamentarians as a starting point and held a series of consultations. The draft was later whetted by the NCSWD. 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. The bill, however, has not been made public yet. These bills moved in the National Assembly of Pakistan manifest deep concern of parliamentarians regarding burn violence in the country. If enacted into law, they can contribute to improving the situation of burn violence. However, 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. These elements have been outlined in the section containing recommendations. Moreover, there is a need to involve all stakeholders in order to benefit from their experience and incorporate their concerns. Bangladesh as a Model

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Bangladesh, so far, is only country in South Asia, which has introduced legislation that specifically addresses acid violence. The Acid Control Act 2002 and the Acid Crimes Control Act 2002 were promulgated in March 2002 to control acid crimes, ensure swift punishment to perpetrators and set up legal guards to regulate the trade in acid and other corrosive substances. 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. For instance, in April 2008, 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. A bench of Chief Justice K.G. Balakrishnan also asked the government to examine the feasibility of regulating the sale of acid on the lines of provisions in Bangladesh.32 In November 2009, the Supreme Court of Pakistan also asked the government to frame a law on the model of the Bangladeshi law. This chapter discusses the salient features of the Bangladeshi legislation. The Acid Crimes Control Act 2002 aims to rigorously control acid crimes. It provides maximum punishments of life imprisonment and the death sentence. Depending on the gravity of the crime, punishment ranges from three and fifteen year imprisonment to life imprisonment and death sentence. The Act also provides that, 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, etc., the former can report to the superior of the investigating officer of the latter's negligence and may also take legal action against him. Special Courts have been established under the Acid Crime Control Act 2002. The act provides for setting up of a special court in each district. Salient Features of relevant Laws in Bangladesh The maximum sentence for acid throwing is death penalty; All crimes under this act are cognizable, non-compoundable and non-bailable. A tribunal has to complete the whole trial within ninety days of receiving the first written instruction; Once a Tribunal starts hearing a case, the hearing will continue every working day until it finishes; 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; 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; If someone assists/helps to commit the crime of acid throwing, he/she will receive the same punishment/ penalty as the perpetrators.

Other important features of the laws include: Establishment of a National Acid Control Council Fund; Establishment of a Rehabilitation Centre for victims of acid crimes; Free treatment for victims of acid crimes;

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Provision of Legal Aid for victims of acid crimes; Locking up shops to prevent the illegal sale of acid and banning transport that is illegally engaged in carrying acid; Cancellation of acid selling licenses in case of violations; Power of the Magistrate to take record of witnesses anywhere.

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. Section 5: Punishment for hurt by acid: Whoever causes such bodily injury to a person, by acid, that his/her sight or ear is damaged fully or partly or face or breast or sexual organ is disfigured or damaged, he or she shall be punished with death or rigorous imprisonment for life and also a fine not exceeding One Lac Taka. If any part or joint of victims body is disfigured or damaged or injured, 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. 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, mentally or otherwise, he shall be punished with rigorous imprisonment of either description which may extend to 7 years but not less than 3 years, along with a fine not exceeding Fifty Thousand Taka. 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 Magistrates order for an investigation. Two extensions of 15 days each can be granted on application to the court. If after 60 days, the officer is unable to complete the investigation, a new officer must be assigned and action will be taken against the first officer. The new officer has 15 days to complete the investigation.

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Trial Procedures: The law outlines an elaborate trial procedure. Salient features of the trial procedure are as follows: 1. All offences under the Act are cognizable, non-compoundable and non-bailable. 2. Within 90 days of the completion of investigation, the trial has to be completed and a conviction secured. 3. The court is expected to play a proactive role in ensuring effective investigation by the Police. Section 13 in the Act states that legal action will be taken against any officers found negligent or corrupt in investigating the crime. 4. The law ensures that the acid attack victim gets proper medical examination immediately and receives a certificate regarding the examination. The law also states that action will be taken against a negligent doctor. 5. Section 15 of the Act is a specific provision that gives the Court some discretion as to when it can grant bail. 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, 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. If the Court is satisfied that the person is not involved in the offence, it can grant bail. 6. Acid Offences Control Tribunals have been set up exclusively to try acid cases, headed by district or session judges. These topic-specific Tribunals are to ensure that members on the Tribunals are properly sensitized to acid attack cases. Acid Control Act5 The Acid Control Act 2002 has been introduced in order to control the import, production, transportation, hoarding, sale and use of acid and to provide treatment for acid victims, rehabilitate them and provide legal assistance. The National Acid Control Council has been set up under this Act, with the Minister for Home Affairs as its Chairperson. Members of the Council include the Minister for Women and Children Affairs, Secretaries from the Ministries of Commerce, Industry, Home Affairs, Health, Women and Children Affairs, and representatives from civil society.33

English copy of this law translated by Ershad Karim, Advocate, Bangldaesh Supreme Court, Chancery Research and Consultants Trust.

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The law also establishes a rehabilitation centre for victims of acid crimes, ensures treatment of victims of acid crimes, provides for legal aid for the victims, allows closure of shops to prevent the illegal sale of acid, and directs banning of transport illegally engaged in carrying acid, as well as suspension of acid selling licences in case of legal violations. Acid Control rules were issued in 2005 that laid down elaborate procedures to restrict and regulate trading, production, transportation and use of acid.34 Recommendations In view of the background of burn violence and analysis of existing legislation presented in the above sections, following recommendations are presented for the consideration of the government and the Parliament: There is a need for comprehensive and effective legislation, which should simultaneously address various aspects of the problem. Instead of following a narrow criminalization approach alone, the law should also provide for appropriate steps aimed at prevention of violence, extension of free medical treatment, and protection and rehabilitation of survivors. 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.
1.1.

The law should provide stringent punishments for those who indulge in burn violence, or support and abet such violence in any manner, whether directly or indirectly. The law should take the fact into account that burn violence is one of the cruellest crimes imaginable and is invariably a premeditated crime. Even if no one gets hurt as a result of burn assaults, the persons involved in such attacks or who abet or support such attacks should be sternly punished.
1.2.

As Qasas and Diyat laws can be abused to the disadvantage of poor victims, it is important to treat the burn cases of most serious nature as crimes against the state. When cases are so grave that extended families or entire communities feel disgusted and terrorised, the victims or their families should not have the sole authority to pardon or accept Diyat to let the perpetrators go unpunished.
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.
1.4.

In the new law, it is important to clearly and comprehensively define the substances that can potentially be used for assault to burn. In the Bangladesh law, acid has been defined as: any kind of thick, fluid or mixed ingredients of sulphuric acid, hydrochloric acid, nitric acid, phosphoric acid, carbolic acid, battery fluid (acid), chromic acid and aqua-regia and other corrosive items.35A draft Bill prepared by the National Commission for Women in India defines
1.5.

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it even more broadly i.e.: 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.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. The law should have a comprehensive definition of hurt.
1.6.

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. Bangladesh has successfully established special tribunals to handle the cases of acid violence, while specialized courts also exist in a number of countries, including Brazil, Spain, Uruguay, Venezuela and the United Kingdom to deal with the cases of violence against women. 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. Trials have become faster and punishments more stringent since Punjab started trying acid throwing incidents under the anti-terrorism laws.
1.7.

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. Stringent bail terms are important to ensure justice as well as protect the victims and their families from harassment, threats and coercion.
1.8.

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. Therefore, the sentences should take into account and be proportionate to: (i) the nature of physical injuries inflicted; (ii) the permanent damage caused to victims with respect to disabilities, loss of career and livelihood, loss of income, damage to social status, and inability to start or manage a family, and (iii) the psychological harm caused by attacks.
1.9. 1.10. Since easy access to acid has been identified as one of the reasons for prevalence of acid

violence, the law must take this factor into account by introducing strict regulations for storage, transportation and marketing of acid and other corrosive substances. Punishments provided in the Poison Act 1919 are too light to provide any deterrent against illegal practices that can lead to crimes.
1.11. The law must provide an effective in-built mechanism for implementation for various

provisions of the law. It should establish a body with representation from amongst all stakeholders to monitor, oversee and ensure implementation of the law.

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1.12. Effective implementation of a law often requires resources. The legislation on burn

violence is bound to contain provisions that will require budgetary allocation for its implementation. The legislation, therefore, should mandate the allocation of a budget for its implementation by creating a general obligation on Government to provide adequate budget.
1.13. The Parliament may consider instituting an authority or a forum to support victims in

medical treatment, socio-economic rehabilitation and legal support, besides collecting and maintaining data and establishing an appropriate surveillance system that could facilitate awareness and preventive steps.
1.14. The law should provide for appropriate compensation to be paid by the perpetrator, to the

victim. Apart from physical injuries, compensation should take into consideration: (a) the psychological trauma faced by the victim; (b) the disabilities caused due to attack; (c) direct monetary losses including loss of income, expenses incurred on treatment and legal expenses; and (d) indirect monetary losses including loss of livelihood and future income opportunities.
1.15. In the light of the ruling made by the Supreme Court of Pakistan, 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.
1.16. As most survivors belong to the lower socio-economic backgrounds, they are unable to

afford the costs involved in the litigation process. Therefore, it is important that victims are given the freedom to appoint lawyers of their choice, while the government is bound by law to reimburse the fees within a preset fee bracket. 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.

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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. Since acid attacks may be motivated by one of several different reasons, legislation should focus on the acts that constitute the crime, rather than the motive; Legislation should penalize anyone who commits an acid attack, specifically including family members among those who may be penalized; Legislation should penalize those who aid and abet this harmful practice, and should include family members among those who may be penalized; Legislation should make acid attacks a transferable intent crime, providing the same penalties regardless of whether the person injured was the intended victim; Legislation should provide for penalties of prison time, fines and education;

Legislation should provide that sentencing guidelines reflect the gravity of the offense; Legislation should provide for enhanced penalties if a victim dies as a result of an acid attack. The perpetrator should be prosecuted under the murder statutes of the penal code. 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; Legislation should require sellers of acids to acquire licenses; Legislation should criminalize the unlicensed sale of acids;

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Legislation should require sellers of acids to create and maintain a record of each sale and the identity of each purchaser; Legislation should impose a duty upon medical providers to report all cases of bodily harm caused by acid to law enforcement; Legislation should mandate that police officers investigate any case reported by a medical provider where bodily harm was caused by acid; Legislation should establish and fund public awareness campaigns and training for all sectors about this harmful practice and its consequences; Legislation and other practices that perpetuate this harmful practice, such as honour crimes, should be amended or abolished; Legislation should allow victims to pursue civil remedies against their attackers. 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; 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 survivors loss was not known at the time of the hearing on the restitution request or at the time of disposition of the case; and Legislation should provide legal, medical, and other types of rehabilitation services for victims.

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Useful Resources and Bibliography

Resources Acid Survivors Foundation, Islamabad-Pakistan.Tel: +92(0)51-4430499 Fax: +92-51-4430499 Email: acidsurvivorsfoundation@gmail.com Burn Care Centre, Pakistan Institute of Medical Sciences, Islamabad.Tel: + 92-51-9260500 The Burns Centre, the Jubilee Block, Civil Hospital, Karachi. Tel: (92-21) 9215740 - 28 Lines (Ext. 2459, 2483), http://www.burnscentre.org/ Depilex Smile Again Foundation, Lahore. Ph: +92-42-35761080/35761090, 0423-5502852, 042-5761080, 042-7350991 Human Rights Commission of Pakistan, Aiwan-i-Jamjoor, 107-Tipu Block New Garden Town, Lahore. Tel:+ 92 42 35838341- 35864994 - 35865969 Fax: + 92 42 35883582, Email: hrcp@hrcp-web.org, Web: www.hrcp-web.org Online Resources World News: Documentaries on victims of acid attacks: http://wn.com/Victims_of_acid_attacks List of Interviews Justice (R.) Fakhrun Nisa Khokhar, Member National Assembly of Pakistan Ms. Rubina Saadat Qaimkhani, Chairperson, National Assembly Standing Committee on Social Welfare and Special Education Mr. Mohammad Khan, Executive Director, Acid Survivors Foundation, Islamabad Dr. Tariq Iqbal, Consultant, Plastic and General Surgion, Head of Burn Care Centre, Pakistan Institute of Medical Sciences (PIMS) Barrister Naveed M. Khan, Muzaffar A. Khan and Company, Islamabad. Dr. KhadijaTahir, Psychotherapist and EMDR Practitioner, Consultant Psychotherapist Acid Survivors Foundation. Ms. Sana Masood, Legal Coordinator, Acid Survivors Foundation, Islamabad.

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Dr. Naheed Chudhry, Head Burn Care Unit, Nashtar Hospital Multan. (Telephone Interview) Dr. TabassumAlvi, Assistant Professor, Department of Psychiatry & Behavioural Sciences, Wah Medical College, Wah. (Telephone Interview) Dr. Asif Shah, Head Burn Care Unit, Khyber Teaching Hospital (KTH), Peshawar. (Telephone Interview) Dr. Manzoor Hussain, Head Burn Unit. (Telephone Interview) Dr. Muazim Ali Taradh, Head Burn Centre Lahore, Jinnah Hospital Lahore. (Telephone Interview) Mr. Dabir-ur-Rehman, Head Friends of Burn Care Centre, Karachi. (Telephone Interview) Bibliography A Situation Analysis of the acid burn phenomenon in Pakistan, Acid Survivors Foundation, Islamabad, 2010. Domestic Violence against Women and Girls, Innocent Digest, No.6. UNICEF, 2010. Facets of Violence, Gender Justice and Protection Project, UNDP, 2009. Handbook for Legislation on Violence against Women, Department for Economic and Social Affairs, United Nations, New York, 2010. Human Rights Commission of Pakistan, Annual Report, 2009 Rakhshinda Perveen, Dr., Violence Against Women in Pakistan: A qualitative review of statistics for 2009, Aurat Foundation, Islamabad, 2010

21

References

21

Domestic Violence against Women and Girls, Innocent Digest No.6, United Nations Children Funds, Innocent Research Centre, Florence, June 2000, Italy, p.2 2 Article 1 of Declaration on the Elimination of Violence against Women, General Assembly resolution 48/104 of 20 December 1993. (http://www.unhchr.ch/huridocda/huridoca.nsf/ (symbol)/a.res.48.104.en) 3 Article 2 of Declaration on the Elimination of Violence against Women, General Assembly resolution 48/104 of 20 December 1993. (http://www.unhchr.ch/huridocda/huridoca.nsf/ (symbol)/a.res.48.104.en) 4 Ibid 5 Ibid 6 Sen, Amartya, 100 Million Women Are Missing, The New York Review of Books, NYR Press, New

York, November 6, 2003, pp 8-10.


7

Rakhshinda Perveen Dr., Violence Against Women in Pakistan: A qualitative review of statistics for 2009, Aurat Publication and Information Service Foundation, 2010
8

Kate Wesson, Research Round Up: A situational assessment study of acid violence in Bangladesh, Development in Practice, Volume 12, Number 1, February 2002.
9

Radhika Coomaraswamy, United Nations Special Rapporteur on Violence Against Women, Combating Domestic Violence: Obligations Of The State, 6 INNOCENTI DIGEST 10 (2000), retrieved 15 December 2010 (http://www.unicef-icdc.org/publications/pdf/digest6e.pdf).
10

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). 11 General recommendation No. 19 -- eleventh session, 1992 violence against women, (http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19). 12 Declaration on the Elimination of Violence against Women, General Assembly resolution 48/104 of 20 December 1993, (http://www.unhchr.ch/huridocda/huridoca.nsf/ (symbol)/a.res.48.104.en). 13 Article 4, Declaration on the Elimination of Violence against Women, General Assembly resolution 48/104 of 20 December 1993, (http://www.unhchr.ch/huridocda/huridoca.nsf/ (symbol)/a.res.48.104.en). 14 Ibid
15

International Covenant on Civil and Political Rights, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976, in accordance with Article 49, (http://www2.ohchr.org/english/law/ccpr.htm). 16 M. Ellsberg, Violence against women and the Millennium Development Goals: Facilitating Womens access to support, International Journal of Gynacology and Obsterics , 2006, p.325, retrieved on20 November, 2010, (http://www.wunrn.com/news/2006/10_23_06/102906_violence_against.pdf). 17 Analysis provided by Barrister Naveed M. Khan, Muzaffar A. Khan and Company through interview. 18 PLD 1989 SC 633. 19 Ibid.
20

Martin Lau, The Role of Islam in Legal System of Pakistan, London-Leiden Series on Law, Administration and Development, 9, Martinus Nijhoff Publishers, London, 2006. 21 Crime or Custom: Violence against Women in Pakistan, Human Rights Watch, 1999.

22 23

Miranda Davies, ed., Women and Violence, N.J.: Zed oks, Atlantic Highlands, 1994, pp.217. Adil Waseem, Pakistan Penal Law on Body Injuries, retrieved on 15 November, 2010, (http://www.populararticles.com/article21343.html). 24 Adil Waseem, Pakistan Penal Law on Body Injuries, retrieved on 15 November, 2010, (http://www.populararticles.com/article21343.html).

25 26

Sajid Zia, Offence placed under terror law, The Nation, 5 November, 2009. Acid thrower sentenced, Pakistan Criminal Records, retrieved on 6 November 2010,

(http://pakistancriminalrecords.com/2010/12/03/rawalpindi-acid-throwersentenced/).

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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-to-man-for-throwing-acid-on-wife/). Section 2 of the Poison Act 1919. 29 Section 6 of the Poison Act 1919. 30 Ahmer Bilal Soofi ,Burden Of Proof: Pakistans antiterrorism laws need urgent overhaul, Newsweek Pakistan, Dec. 27 2010. 31 Member Directory, Punjab Provincial Assembly, retrieved on 20 November 2010 (http://www.pap.gov.pk/index.php/members/profile/en/9/365).
28

32

Acid attacks on women: India to learn from Bangladesh, The India News, retrieved on 20 November 2010, (http://www.thaindian.com/newsportal/uncategorized/acid-attacks-onwomen-india-to-learn-from-bangladesh_10042926.html). 33 Combating impunity of another kind, The Daily Star, August 11, 2007, (http://www.thedailystar.net/law/2007/08/02/index.htm). 34 MS Siddiqui, Speedy trial, severe punishment can prevent acid throwing, The Financial Express Dhaka, March 14, 2010. (http://www.thefinancialexpress-bd.com/more.php?news_id=94936) 35 The Acid Control Act, 2002, Article 2(b) 36 Draft Prevention of Offences (By Acids) Act 2008, National Commission for Women (India), Article 3(a), retrieved on 15 November 2010, (http://ncw.nic.in/PDFFiles/OFFENCES_BY_ACIDS.pdf). 37 United Nations Division for the Advancement of Women, United Nations Economic Commission for Africa, Good Practices in Legislation on Harmful Practices Against Women: Expert Group Meeting Report, Addis Ababa, Ethiopia, 26 to 29 May 2009, retrieved on November 2010, retrieved on 16 November 2010,(http://www.un.org/womenwatch/daw/egm/vaw_legislation_2009/Report %20EGM%20harmful%20practices.pdf).

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