A CONTROVERSIAL clause in Bahrain’s penal code, exempting rapists from prosecution if they marry their victim, has been scrapped.
The Shura Council voted unanimously during its weekly session yesterday to remove Article 353 from the 1976 Penal Code.
The Justice, Islamic Affairs and Endowments Ministry and the Interior Ministry along with the Supreme Council for Women have already backed the abolition of the article.
The move was already approved by the majority of MPs during their weekly Parliament session two weeks ago. The only exception was second deputy speaker Ahmed Qarata, who abstained.
Article 353 currently states that ‘no penalty shall be imposed on a person who commits one of the crimes stipulated in the preceding articles if a valid marriage is concluded between him and the victim’.
Justice
It also states that ‘if a final judgment is issued against him before the marriage contract is concluded, its execution shall be suspended and its side effects shall end’.
During yesterday’s session, Justice, Islamic Affairs and Endowments Minister Nawaf Al Maawda said that scrapping the article will enforce the rule of law, in which criminals don’t escape punishment.
“The psychological and social pressures that rape victims have to go through are unbearable and unimaginable,” he said.
“So scrapping this article not only ensures that public justice is served, but also the private right of the victim.
“All those who know of rape cases should come forward; there is a special office at the Public Prosecution that would provide victims, witnesses and all involved with the necessary protection.”
According to Islamic Sharia Law, the validity of a marriage contract depends on consent between the two parties, with no coercion from any sides. However, in the case of marriage between a rapist and a victim, the female is forced to marry due to circumstances, making her consent coerced, thereby invalidating the contract.
The issue will be now referred to His Majesty King Hamad for ratification, and will stand formally scrapped from the day it gets published in the Official Gazette.
- Shura members also unanimously approved in principle a key law that could boost trade with Japan and spur investments between the two countries.
The agreement on reciprocal encouragement and protection of investments was signed between Bahrain and Japan in Manama on June 23 last year.
The Finance and National Economy Ministry underlined Bahrain’s efforts to step up financial and economic co-operation with friendly countries and provide an appropriate environment to attract foreign direct investments (FDIs), encourage joint projects and open up new markets for Bahraini products and services of all kinds.
Bahrain has so far concluded 36 investment promotion and protection agreements with countries, including China, the UK, the US, France, India, Russia, Singapore, and Germany.
The ministry recommended the endorsement of the draft law, noting that it would support the country’s efforts to attract FDIs and create rewarding opportunities for citizens.
A final vote is set during Parliament’s session next week.
mohammed@gdnmedia.bh
&uuid=(email))