Punjab awaits Centre’s nod for previous ‘police’

The Punjab government is awaiting Centre’s nod for restoring its much-yearned executive magistracy and the pre-2001 police system, which seems to be improbable since the federal government is so far disinclined to actualise the necessary formality of amending the Criminal Procedure Code 1898, while the provincial dispensation has to amend three other laws.
On the other hand, the federal government is less likely to amend the CrPC because it would be against the principle of separation of the judiciary from the executive. “This is so because the constitution of Pakistan does not allow any judicial powers to be vested in non-judicial officers, and supposedly, the judiciary will also hinder this,” observed a senior PPP parliamentarian, seeking anonymity. He further asserted that because of this, the Punjab government would not be able to restore the executive magistracy. “Otherwise, if it is done, the principle of separating the judiciary from the executive will be compromised,” he observed, mentioning that the Lahore High Court had given ruling on this as well.
As per sources, the provincial dispensation has despatched the amended draft of the CrPC 1898, but the federal government is keeping it under the lock and key. The major reason for this was considered to be the Muttahida Qaumi Movement, which rejected it from the word go. Nevertheless, the Punjab government is said to have not pressed the Centre for getting it done at any stage.
Even former Chief Minister Punjab Ch Pervaiz Elahi, despite being close to the then President General (retd) Pervez Musharraf, made a failed attempt at partial restoration of the executive magistracy, primarily aiming at securing powers to check prices of edibles.
So far the Punjab government has restored the Commissionerate System by amending the Punjab Land Revenue Act 1967, and abolished over 550 slots, creating offices of the revenue officers and giving powers to them as well. It is yet to abolish the office of the District Nazim and District Coordination Officer replacing them with the Mayor and Deputy Commissioner respectively. However, the provincial government can restore the office of the Deputy Commissioners but it would be sans judicial powers, and would have only the revenue powers.
It is widely believed that the Punjab government might not be that highly-motivated to act quickly since it does not have political compulsions, like that of the Sindh government, following the party line, holding the federal fort.
Now because of the recent steps of the Sindh government, there exists a vacuum in the provincial administration since the link of the executive magistracy is missing, and it is certainly correct politically due to the reason that it wanted to cause to its estranged ally MQM. So, Sindh political dispensation has dismantled the local governance system altogether reverting to Ziaul Haq's system put in place in 1979 and reverted all police reforms and has gone back to colonial system in pace in 1861.
However, Balochistan, in total disregard to law, has already restored executive magistracy by amending the CrPC, which is certainly a federal subject, which is a violation of the Articles 142 and 143, as these ordain that the amendments in the CrPC could only be done by the federal government.
The question is: Why has the centre not issued an ordinance, encompassing amendments in the CrPC? This would certainly give legal cover to the Balochistan arbitrary act, and provide a chance to the Sindh province to restore executive magistracy.
Succinctly, ‘advisors’ to the governments must very well understand that the much-praised previous district administration was run through a balanced combination of four laws, that is, the Police Act 1861, the Local Government Ordinance (repeatedly amended), the Land Revenue Act 1879 (though ‘adapted’ by Pakistan), and the Criminal Procedure Code 1898. These are considered to be the four pillars of the district administration, and without synchronising amendments and laws, no effective system can be evolved.

9.4 pc increase in child sexual abuse cases

A total of 2,012 reported cases of child sexual abuse were recorded from all over Pakistan, which showed 9.4 per cent increase as compared to the previous year, which means that approximately 3.3 children were sexually abused per day, says a report.
The Punjab – with the largest population – has topped the list by reporting majority 62 per cent, followed by Sindh 28 pc, Islamabad 7pc, Khyber Pakhtunkhawa 1.5pc, Balochistan 1pc and the Azad Jammu Kashmir 0.5pc.The rural-urban divide of the cases showed about 63pc cases occurred in rural areas and 37pc cases among the urban population.
According to report compiled by a non-governmental organisation Sahil, as many as 81pc of the reported cases of CSA were registered with the police, whereas 6pc cases were unregistered and the status of 13pc was not mentioned. The identification of 70pc victims was revealed by printing names (63pc) and pictures (7pc) in the newspapers, whereas the identification of 30pc victims was not revealed.
Child sexual abuse of both boys and girls is practiced across class, caste, ethnicity and religion. Unfortunately, it is often inflicted by the very people who are charged with their care and safety. This is one of the reasons why this issue is so complex to deal with and makes it even more difficult to eliminate. Sexual abuse of children is cloaked in silence and is often pushed into the deep and dark corners of our homes and minds, left unattended and untreated.
All forms of abuse and exploitation of children violate their right to survival, development, protection and participation as the child is coerced, deceived into abuse and exploitation, upheld by the Convention on the Rights of the Child (CRC) to which Pakistan is also a signatory among 140 countries.
As per the report, prepared by a non-governmental organisation, the sex-wise distribution of data also presents recognised results, and the findings showed that 6800 girls and 32 pc boys were victims of sexual abuse.
Among the crime categories, abduction cases top the list of sexual abuse crimes against children with about 4100 cases. The second highest crime category was that of rape and sodomy with as many as 2800 cases of both girls and boys taking place. Gang rape and gang sodomy was the third highest category of crime with 15 pc cases taking place. The fourth highest crime category was that of attempted rape/sodomy with 9.5 pc cases. A total of 6 pc children were murdered after being sexually assaulted, whereas 0.5 pc cases were of those children who were murdered in an attempt of sexual assault.
The results from the data of 2009 show that a total of 4,222 abusers were involved in abusing 2012 children. The type of abusers with the highest percentage was that of acquaintances 3,431 (81pc), the second highest percentage was that of strangers 663 (15.50pc), followed by perpetrators within the family 97 (2.50pc) and almost 31(0.5pc) of the abusers were unidentified in the reported cases.
The most vulnerable age group of children to abuse is that of 11-15 years in which almost 25.5pc cases have taken place, and it is followed by 6-10 years with 16.5pc cases.
The data shows that children were abused almost everywhere from inside home to places outside home with 15pc cases taking place at the abusers’ place and 11pc cases at the victim’s place.
Cases of one time assault were the highest, that is, 54pc; however still about 7 pc of the victims were being abused on a long term basis ranging from one day to more than six months.
This trend is world-wide since a world report of 2008 says an estimated 150 million girls and 73 million boys had experienced rape or other sexual violence, most often by members of their own family.