Diyat a religious law — an alternative to another religious law, Qisas (an eye for an eye) —comes into play when the family of the victims pardons the accused and accepts financial compensation in return for the harm caused to them. In a further development on the Natasha Danish case, financial compensation has reportedly been accepted by the victim's family and a sum has been settled upon.
This harks back to the case of Shahrukh Jatoi who, last year, approached the Supreme Court and pleaded for bail under the Diyat law. The law had been introduced in Pakistan’s legal system about 32 years ago on the orders of the Shariat Appellate Bench of the Supreme Court of Pakistan which, under section 310 of Pakistan’s Penal Code, allows the accused to be pardoned after accepting blood money from them as compensation for the harm done to the victim. The accused can even be pardoned under section 309, without accepting any compensation.
Is this really religious law where somebody’s life can be bought for a certain sum of money? The alternative to this, as was mentioned before, was Qisas, which meant that the accused should be paid back in the same vein as the harm caused. But this was altered under the pressure from those who believed that financial compensation was as good as the former. No wonder, the law and order system is in the doldrums in this country because the elite know they can get away with anything by simply buying their way out of any problem that they land in, irrespective of how grave the matter is.
Similarly, in Natasha Danish’s case, where a father and his daughter on a bike were killed by a vehicle she drove, has also been bailed under the Diyat law. If such practices are allowed to continue, heinous crimes will continue to be committed as those responsible know they will be released under the law. No wonder, we see the level of entitlement and superiority complexes in the rich because they know that they are untouchable and their near and dear ones will move heaven and earth to get them pardoned by parting with a hefty sum of money if need be — an affordable cost of impunity.
The question then arises, is justice for sale in Pakistan and does everybody in the judiciary have a price tag attached to them? Everybody in this country does seem to carry a price tag because money has become the end-all and be-all of our existence. In this country, justice can be bought and sold at the whims of those in power and who have the resources to buy their way out of any legally tricky situation. Laws also favour the rich and escape routes have been designed for those who have the resources to take advantage of those.
The accused should be imprisoned and made to pay through their noses for what has been done, whether intentionally or unintentionally, otherwise, they will never learn accountability for their actions. This sense of entitlement that the system ingrains in them from a very early age is strengthened by laws like the Diyat law
Natasha Danish, like Shahrukh Jatoi, is a prime example of privileged youth with a sense of entitlement who believe they are above the law. The impunity that such laws provide mean we see examples of road accidents where the poor are killed due to speeding or the accused being under the influence but getting away. Kashmala Tariq’s son was also granted bail before arrest against surety bonds of Rs50,000 when he allegedly ran over four young men and injured two others while speeding. Precedents like these bode ill for the law and order situation in this country where all the rich and entitled know that they will be either granted bail before arrest, or their parents will pin the entire blame on the driver or someone else, or if caught on the spot, the Diyat law will come into play.
I see no light at the end of the tunnel until the law is made equal for everyone and everybody is treated equally in the eyes of the law. If not, crimes like this will continue with a few millions being exchanged from hands soaked in blood to those left holding shrouds.
Strengthening the judiciary in this country can be the first step to end the privileged getaways. Let’s not create pathways in the system, which allow the rich to buy their way out, because no amount of financial compensation can compensate for the loss of lives. The accused should be imprisoned and made to pay through their noses for what has been done, whether intentionally or unintentionally, otherwise, they will never learn accountability for their actions. This sense of entitlement that the system ingrains in them from a very early age is strengthened by laws like the Diyat law.
Anything that has religion attached to it does not mean it is above the law and cannot be challenged. When matters such as blasphemy accusations and mob lynchings are termed anti-Islamic, then why is blood money religious and above reproach? Can any amount of financial compensation return somebody’s life?
A revision of the law is necessary under the prevailing circumstances so that the rich do not use these Shariah laws as a back door exit to escape the repercussions of their actions.