Prevention of Anti-women Practices Act 2011

  • When was the ACT passed?

The Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011 was passed by the National Assembly of Pakistan on Tuesday 15th November 2011. 

  • What is the ACT about?

This law prohibits several oppressive and discriminatory customs practiced towards women in Pakistan which are not only against the dignity of women, but also violate human rights and are contrary to Islamic Injunctions. 

Laws Amended as a Result of This Act:

1. Changes in Pakistan Penal Code:

         (a). Substitution of section 310A, Act XLV of 1860:

In the Pakistan Penal Code (Act XLV of 1860), Chapter XVI, section 310A, the following is substituted: 

Sections

Description

310-A. Punishment for giving a female in marriage or otherwise in badla-e-sulh, wanni or swara

“Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badal-esulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees”.

 

       (b). Insertion of new Chapter XXA, Act XLV of 1860:

In the Code, after Chapter XX, the following new Chapter, “Chapter XXA Offences against Women” is added. Details as follows:

Sections

Description

498A: Prohibition of depriving woman from inheriting properly

Whoever by deceitfully or by illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for a term which may not be less than seven years and a fine in amount of 1,000,000 Rupees.

498B: Prohibition of forced marriage

Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of description for a term, which may not be less than three years and shall also be liable to fine of 500,000 Rupees.

498C: Prohibition of marriage with the Holy Quran

(1) Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of description which may not be less than three years and shall also be liable to fine of 500,000 Rupees.

(2) Notwithstanding anything contained in sub-section (1), oath by a woman on Holy Quran to remain un-married for the rest of her life or, not to claim her share of inheritance shall be deemed marriage with the Holy Quran.

498D: Dissolution of marriage in absence of husband undergoing procedure of lian, etc.

 “Notwithstanding anything in section 14 of the Offences of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), and in addition to the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), where a husband having knowledge of a complaint or report of his wife to the court of qazf fails to undergo the procedure of lian specified in the aforesaid section by his absence or otherwise, it shall be a valid ground for the wife to seek dissolution of her marriage through the competent Court and the husband shall also be punished for qazf”

 

2. Criminal Procedure (Act V of 1898):

         (a). Insertion of New Section 402D, Act V of 1898:

In the Code of Criminal Procedure (Act V of 1898), after section 402C, the following new section is added:  

Sections

Description

402D: Provincial Government not to interfere in sentences of rape

Notwithstanding anything contained in section 401, section 402 or section 402B the Provincial Government shall not suspend, remit or commute any sentence passed under section 376 of the Pakistan Penal Code (Act XLV of 1860)