Senate approves Anti-Rape Amendment Bill, declares DNA testing mandatory

• Senator Humayun Mohmand presents bill.
• Senate body inserted new sections 13A, 13B, 13C.
• Legislation also prescribed sources of DNA samples.

The Senate approved the Anti-Rape (Investigation and Trial) (Amendment) Bill on Monday, declaring DNA testing of rape victims mandatory.

The bill now also includes jail time and a fine on the police officer, responsible for the investigation, over failure to comply with the new changes.

The bill was presented by Senator Humayun Mohmand, stating that police officials would arrange DNA tests of the rape victims from the laboratories recognised by the government preferably within 72 hours after the crime.

Over failure to comply with the law, the concerned police official will face up to three years in jail and a fine.

The approval for fresh tweaks was given in today's session conducted by Senate Deputy Chairman Syedaal Khan Nasar.

Earlier, the Senate's Standing Committee on Interior gave the nod to amendments to the Anti-Rape (Investigation and Trial) Act, 2021, proposing mandatory DNA testing of rape victims and imposition of penalty if police fail to comply with the new order.

The amendments were presented to the upper house by Senator Mohmand via a private member bill, the Anti-Rape (Investigation and Trial) (Amendment) Bill, 2023, seeking modifications in the prevailing law's section 2, insertion of new sections 13A, 13B, and 13C and amendment of section 21.

Under the new sections, the Senate body proposed making it "compulsory for every police officer to get the rape victim tested through the laboratories recognised by the federal government or the provincial government, as the case may be".

"Provided that in case, the concerned police officer has been unable to collect the sample within the prescribed time period, then the sample must be collected within seven days from the day of the crime, and if delay has been more than a week, then within the shortest possible time, for the purpose of the investigation of the crime," it stated.

The legislation also prescribed sources of collecting samples for DNA testing in rape cases. It also stated maintaining privacy while preserving the DNA results in the hospital or the forensic lab.

Subsequently, section 13C of the law will also restrict police stations across the country to maintain records of all DNA sampling and testing results "in confidentiality and under the control of an officer not below the rank of BPS-19".

"Provided that if such police officer fails to fulfil his obligation," another amendment to section 21 stated, "[...] he shall be guilty of an offence punishable with imprisonment of either description which may extend to three years and with fine."

Senator Mohmand, who presented these amendments to the Senate on July 24, 2023, stated that the new sections had been inserted into the anti-rape law by the Sindh Assembly in 2017 which helped its police force in arresting offenders involved in committing rape against women and children.

He termed it an "exemplary law" and proposed implementing it throughout the country by passing certain amendments.