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Offenses and Lawyers in Lahore:

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Legislation:

The relevant test is not whether a piece of legislation can ever be misused but rather whether it is worth enacting at all, given the potential for its abuse and the results which its enforcement would produce. This Commission of lawyers in Lahore is strong of the opinion that the Zina Ordinance fails this test. Abundant data testify that the result of this law has been the victimization rather than the protection of people and that the law has had a particularly adverse effect on the least privileged members of society.

Other factor:

For this reason, it ought to be done away with. But there are other factors too. As currently enforced, this law is as susceptible to abuse as to make its benefits, whatever those might be, too paltry to justify its existence. It is valid for two reasons. First, even though the law applies to a victimless crime and makes Zina a cognizable offense, it contains no safeguards to ensure that it will be pretty used and not misused by anyone able to get an FIR filed. Second, the law does nothing to prevent it from becoming a convenient and incredibly oppressive tool in the hands of families' patriarchs. Exploitation takes many forms. The women's families themselves file most FIRs. Parents complain against daughters just because the latter has married against their wishes. Husbands make allegations against wives only because some estrangement has occurred between them.

Male Infant:

In one reported case, the husband allegedly accused his wife of Zina because her pregnancy resulted in the birth of a female rather than a male infant." Regrettably, courts, too, reflect their biases in different forms. Words like "Zina," "woman of easy virtue, and "habitual are liberally used in reported cases even where the woman is not an accused in the case. On the one hand, superior courts have discouraged the media from printing the names of women who are victims of rape but on the other hand, some reported judgments are all too explicit. A Commission of lawyers in Lahore carried out a study of the reported cases published in the Pakistan Annual Law Digest of 1995 concerning the offense of Zina.

60 Cases:

Out of the 60 cases that were looked at, they Detained by people who had married against the wishes of their families. Five were baseless accusations made against married people, and the courts thus held. The Federal Shariat Court quashed the proceedings of one such trial as it felt that the continuance of the trial would amount to an abuse of the judicial process. In any event, the accused would ultimately be acquitted in four of the cases. It was the husbands who had filed FIRs against their wives. The husband alleged that his wife had eloped six months before he even filed the FIR."

Other Case:

In another case, the court observed that it appeared that the wife had been arrested even before filing the FIR by the husband. Once again, the husband had alleged that he had taken no action until three months after his wife had eloped. In another case, the wife had filed a suit for the dissolution of marriage, and the husband filed the Zina case merely as a retaliatory measure. In another lawsuit through Lahore's lawyers, the husband alleged that his wife had been abducted even though she was living with her parents.