Pakistan Islamic Body Rules Against Using DNA Test for Rape Cases

The month of Ramadan is coming... a time for forgiveness for Muslim people.

But 50-year-old Brian, not his real name, is unable to forgive the man who raped his daughter.

"If my daughter was killed in an accident, I could’ve forgiven the person. But my daughter was innocent. I will never forgive that animal-like person at any cost.”

His daughter was only 10 when she was raped by her uncle.

Her body was later found on a Karachi beach with severe head injuries.

Police arrested her uncle and a DNA test proved that he was the rapist.

The case went to court and the family is expecting the verdict soon.

But women’s rights activist Rukhsana Siddiqui, who took up the case, says the victim might not get any justice.

"The girl has already passed away, so the DNA test is the only solid evidence to prove the offence against the accused. But now the court might not consider DNA as primary evidence because of the Council of Islamic Ideology’s verdict. If that happens, there’s a possibility that the rapist and murderer could get away.”

The announcement from the Council of Islamic Ideology said that DNA tests can only be used as secondary evidence.

The council is a constitutional body that advises the Pakistan government on Islamic issues.

In their declaration, they refer to Shariah law which states that the primary evidence for rape cases should be the testimony of four male witnesses to the incident.

Senior member of the council, Hafiz Mohammad Tahir Mahmood Ashrafi, explains the verdict.

"Doctors have three different opinions about DNA. Some say such tests are 98 percent accurate, some say 80 percent while others say they’re 75 percent accurate. In the past a suspect would be arrested on the basis of a DNA test, and an investigation would be carried out, but don't use it as alternative to witnesses. If one forced rape case turns out to be a case of adultary then how can we give the punishment of stoning the suspect to death?

But the police have been using DNA tests as the main evidence for rape cases.

Muhammad Waseem Iqbal is a lawyer.

"In rape case, DNA test, medical evidence and testimony of the survivor is enough for conviction. This is the law all over the world."

Many human and women’s rights group are furious about the Council’s decision.

Mehnaz Rehman is from the Aurat Foundation, a women’s rights organisation based in Islamabad.

She says, this will put more pressure on victims of rape cases... who already face lots of discrimination from Pakistani society.

"We see that the lawyer of the accused person or perpetrator raises such questions that for the victim girl, who is very vulnerable, it is difficult to answer. We call it emotional rape."

Mehnaz says the verdict doesn’t make sense.

"We can take the help of science and medical legal procedures. You see it’s just a common sense that nobody is going to commit such a crime in the presence of four male witnesses. And who is going to commit that act when four people are looking at?”

Last year the Pakistani Supreme Court declared that DNA tests are the main form of evidence used for rape cases.

But following the Council’s verdict, it’s now up to Parliament to decide whether or not to amend the existing laws.

Rights activists are pressing the government not to accept the Council’s recommendation.

In Sindh province, the Parliament has decided not to follow the verdict says legislator Sharmila Farooqui.

"The DNA tests result should be made mandatory in the rape cases. Countries all over the world is now moving towards scientific and forensic investigation rather than circumstantial evidence of witnesses for that matter."

And some are going even further... questioning the need for an Islamic Ideological Council.

Zohra Yousuf is the chairperson of the Human Rights Commission of Pakistan.

"We have this Islamic Ideological Council, which we don't really need to have because the parliament is there to legislate and the constitution already says that laws cannot be passed that are contrary to the principals of the Islam. So, this body is not really needed. We've had in the recent past comments from the body that are very retrogressive and anti-women."

And unless the new government makes a decision, rape survivors’ families like Brian have little hope of getting justice for their innocent relatives.