Criminal Case lawyer in Lahore Pakistan:
The Pakistan Penal Code 1860, The Criminal Law Amendment Act 1997 (better known as Qisas and Diyat Law) provides for punishment in cases of murder and hurt on recommendation of criminal case lawyer in Lahore Pakistan. It was first promulgated as an ordinance and subsequently kept being promulgated until it was passed as an Act of the Parliament. At no stage was there a focused consideration of all the aspects of the law's formulation. In the Parliament too, what debate took place appears to have remained confined to broad principles. The entire law revolves around a patriarchal structure. It makes criminal offenses a private matter rather than treating them as crimes against society.
The Concept Of Wali:
The introduction of the concept of wali gives dominance to men according to the criminal case lawyer in Lahore Pakistan. This law will have to be revamped so that it protects the vulnerable and is not based on tribal concepts. Consider the examples provided in the text of the law itself in section 307(2): A kills Z, the maternal uncle of his son B, Z has no other wali except D the wife of A. D has the right of qisas from A. But if D dies, the right of qisas shall devolve on her son B who is also the son of the offender A. B cannot claim qisas against his father. Therefore, qisas cannot be enforced. B kills Z; the brother of her husband A. Z has no heir except A. Here A can claim qisas from his wife B. But if A dies, the right of qisas shall devolve on his son D who is also son of B, the qisas cannot be enforced against B: 122.
These Examples Make the Point Clear:
even though the concept of the wali is defined in a gender-neutral way as any person entitled to claim qisas, the language, and indeed the very scheme of the Act make it amply clear where the walait shifts to. The law is conceived and written, it would appear, on the premise that the wali is always a male. Nowhere do the illustrations cited above refer to the daughters, if any, of "A" The use of this biased notion of wali, thus, becomes a mechanism for perpetuating male domination. Proof of qatl-i-amd liable to qisas etc. [Sections 304(1) (b) & 304(2)] Apart from the introduction of the biased concept of wali, there are provisions in the amendment that are ambiguous and difficult to interpret clearly and unequivocally. This is particularly so concerning women, where there is room for interpretations adverse to their rights.
That even such a possibility exists will be cause for constant uncertainty in the minds of the accused example one form of proof of qatl-i-amd is "by the evidence as provided in Article 17 of the Oamun-i-Shahadal, 1984" [Section 304()(6)]. That reference is to the following: The competence of a person to testify, and the number of witnesses required in any case, shall be determined by the injunctions o a laid down in the Holy Quran and Sunnah. It is, therefore, the Islamic law. One judge may, for instance, hold a woman's testimony equal to a man; another may give it half of that worth. By the time the superior courts and criminal case lawyer in Lahore Pakistan came around to resolving the issue many avoidable inconsistencies and much injustice will have been perpetrated etc to the judiciary, who may not share the same opinion on the interpretation. In cases of hurt too, the law provides for the same categories of proof [Section 304(2)].