Islamabad (AsiaNews) - In Pakistan the Federal Shariat Court (FSC) has announced an important change to legislation governing sexual violence: According to the new norms "when an accused is charged by a female for zina-bil-jabr (Rape) then, notwithstanding delay, pregnancy or any other reason, the female accused should not be, in the first instance, charged under section 10(2) of the ordinance for zina-bil-raza (sexual intercourse by consent) unless material/evidence is available on record".

Upon till last week a woman who confessed to being a victim of rape was subsequently accused of adultery, under the Offence of Zina (fornication and adultery) Enforcement of Hudood Ordinance 1979.  This law, based on the Koran meant that behaviour deemed incompatible with Islamic law such as adultery, gambling, consumption of alcohol and theft was punishable, often by means of stoning or flagellation.

The court introduced the new norm on the petition of a woman who lodged a report, on June 4, 1997, alleging that she was raped at gunpoint by Jamroze, her neighbour, who threatened to kill her if she reported the incident to the authorities.

Both were charged under Section 10(2) of the ordinance at the trial for committing adultery: sentencing the female accused to five years RI with a fine of rupees 10,000. Jamroze however was sentenced to ten years RI with a fine of rupees 20,000.

The FSC held that when a female, particularly an unmarried girl, opts to report a case of zina, she in fact takes a great risk because due to loss of chastity, she is likely to carry social stigma attached to a victim of zina (fornication and adultery) for rest of her life and might not be able to have a suitable match.  The court observed that the injury caused to a victim of zina is not simply physical but is an opprobrious attack on her dignity and integrity as well. That is why most of the victims prefer to bear personal insult and trauma of rape instead of reporting the matter,.

Peter Jacob, executive secretary, Bishops' Conference's National Commission for Justice and Peace (NCJP), told AsiaNews that this verdict is a sigh of relief but we demand for a permanent solution, which is total repeal of all black and discriminatory laws. "These laws are illogical and stupid - Jacob stressed - and are not applicable,  that is why so many times the punishments of lower courts had been turned down by the Federal Shariat Court". "We have started a signatory campaign against all discriminatory laws – continued Jacob -  and I hope we will be able to get more than 200,000 signatures against black laws from all the".