Resolution on the Customary Practice Vinni

Presented in Punjab Assembly on Feb 25, 2003.

 Unanimously approved by Provincial Punjab Assembly

 The actual text of the Resolution is as follows:-

 “ This house proposes to the Provincial and Federal Government that a law should be prescribed to eliminate the evil customary practice Vinni. The law should prescribe five years rigorous imprisonment on any person who participates in any Punchayat or reconciliatory proceedings that require a woman to be offered in marriage to benefit one of her relations involved in a case.”

 Explanation :

 In protest of this heinous practice, I presented a resolution in the Provincial Assembly of Punjab on February 27, 2003, which was passed unanimously. My resolution proposed that all practices of the custom vinni that traded women in compensation of settlements of family dispute or using women in evasion of criminal case or punishment should be abolished and termed illegal. I also demanded vinni be made a punishable act, with a minimum sentence of five years. The aim of this legislation is to abolish the abuse and exploitation of women by punchayat, jirgas, their families and communities.   

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Resolution for Acid Crimes.

Presented in Provincial Punjab Assembly on Aug 8, 2003.

 Unanimously approved by Provincial Assembly Punjab.

 The actual text is as follows:-

 This house proposes that an acid crimes law should be enacted prescribing sentence of murder attempt on the accused guilty of using acid for violence on women and children.  

And prescribe restrictions on the production, import, transportation, storing and selling of all kind acid capable of use in violence against women and children and prescribing a licensing system for the purchase, sale and production of all such acids.

The law should also prescribe speedy trials of the accused involved in acid violence and free legal help for acid victims.

 Besides this law should also provide special rehabilitation centers for the recovery of acid victims.

  Humaira Awais Shahid

 W-351

THE PUNJAB PRIVATE MONEY LENDING ACT, 2007

(The Punjab Private Money Lending Bill was admitted and referred to Revenue Committee in August 2003, and was passed on June 12, 2007.)

A

 BILL

 to prohibit the private money lending in the Punjab.

 Preamble.-- Whereas it is expedient to enact the law to prohibit private money lending in the Province of the Punjab.

 It is hereby enacted as follows:-

 1. Short title, extent and commencement.— (1) This Act may be called the Punjab Prohibition of Private Money Lending Act 2003.

 (2) It shall extend to the whole of the Province of Punjab.

 (3) It shall come into force at once.

 2. Definition.— In this Act, unless the subject or context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them—

 (a) “Government “ means Government of the Punjab.

 (b) “Private Money Lender” means a person who lends money on interest but does not include any corporation incorporated by the Federal or Provincial Government as a bank or a finance corporation or a cooperative society.

 (c) “Interest” means and include the return to be made over and above what was actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise.

 3. Prohibition of Private Money Lending.— No person individually or collectively shall engaged himself in private money lending in the province of the Punjab.

 4. Punishment.— Any person who contravenes Section 3 of this Act shall be punished with imprisonment for a term which may extend to ten years or with fine which may extend to give hundred thousand rupees or with both.

 5. Offence non-bailable.— Any offence committed under this Act shall be non-bailable and non-compoundable.

 6. Cognizance of Offence.— Any offence committed under section 3 shall be cognizable within the meaning clause (1) of sub-section (1) of Section 4 of Code of Criminal Procedure 1898 (Act V of 1898).

 7 Rules.— Government may make rules for carrying out the purposes of this Act.

 8. Repeat.— The Punjab Money-Lenders Ordinance 1960 (W.P. XXIV of 1960) is hereby repealed.

 9. Savings.— Notwithstanding the repeal of the Punjab Money-Lenders Ordinance 1960

(W.P. Ord. XXIV of 1960), everything done, action taken, obligations and liabilities incurred, persons appointed or authorized, jurisdictions or powers conferred, orders issued and rules or regulations made by or in relation to this Ordinance, shall be deemed to have been respectively done, taken, incurred, acquired, appointed, conferred, created, made or issued under this Act.

 Statement of Objects and Reasons

 The money lending for the purpose of earning interest is prohibited under Islamic Shariah. Under Article 31(1) of the Constitution of Pakistan it has been provided that steps shall be taken to enable the Muslims of Pakistan, individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam and to provide facilities whereby they may be enable to understand the meaning of life according to the Holy Quran and Sunnah. The private money lenders are charging compound interest from people on the money lent by them and thus looting them. It is, therefore, necessary to prohibit them from lending money.

 Hence the Bill.

 Humaira Awais Shahid

W-351

 Member in charge

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Legislation Proposed on Vinni

  This is the draft of the bill recommended to Federal Government for the abolishing of Vinni. As a follow up of my resolution about Vinni, I worked on this draft along with my legal team and inputs from the Law Department Punjab. This bill is lying with the Home Department of Punjab waiting to be forwarded to the Federal Government for the necessary amendment.

 BILL

 further to amend the Pakistan Code, 1860.

 Preamble.- Whereas it is expedient further to amend the Pakistan Penal Code, 1860 (XLV of 1860), for the purpose hereinafter appearing;

 It is hereby enacted as follows:-

 1. Short title, extent and commencement.- (1) This Act may be called the Pakistan Penal Code (Amendment) Act, 2003.

 (2) It shall come into force at once.

 2. Addition of section 366-C in the Act XLV of 1860.- In the said Act, after section 366-B, the following new section 366-C shall be added :-

 “366-C. Offer or acceptance by a person for the marriage of a woman or minor as compensation for an offence.- Whoever takes part in any reconciliation or punchayat and thereby requires any person to offer or accept, and whoever so offers or accepts, in marriage any woman, against her free will, or minor in lieu of any concession to an accused person, or as a compensation for an act when such act is an offence under the law, or as badal-I-sulh, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

 EXPLANATION: For the purpose of this section, woman means a female who has attained the age of 18 years.”

STATEMENT OF OBJECTS AND REASONS

 It is a very common practice throughout the rural areas of Pakistan to offer and accept a woman or minor as mutually agreed consideration to compromise an offence between the offender and aggrieved party. This custom of vinni is not only inhuman but also an abuse to all social and moral values. Such woman or minor has to serve the sins of another, which is not in consonance with the principles of natural justice. Present law does not yield to stamp out this endemic social vice. Hence this Bill.