Punishment for incest: Debate heats up as MPs seek clarity

The Council of Representatives yesterday deliberated on a proposed draft legislation aimed at criminalising incest, a societal taboo that has lacked data and specific regulatory provisions within Bahrain's legal framework.

In an exceptional session, MPs identified the weaknesses pertaining to the proposal, prompting a decision to postpone the vote on the bill's passage until the next session on Tuesday. This delay will facilitate meticulous refinement of legal terminology, as emphasised by several MPs.

Conceived by the Shura Council and presented for review alongside recommended amendments by the Committee on Legislative and Legal Affairs, the proposed bill, notably introduces Article 316, an amendment to Edict 15 of 1976. It prescribes penalties for both men and women found to be engaged in incestuous relationships. This legislative action effectively bridges a significant void in the existing penal code, which previously did not contain explicit provisions outlawing incest.

Before the enactment of this law, there was an absence of designated penalties for adults involved in consensual incestuous relationships, irrespective of their familial proximity, provided they were not married.

Yet, a number of representatives have discerned a lacuna within the proposed amendment, calling for a more precise legal framework to identify non-marriageable kin (known as Mahram in Islamic law).

MP Ahmed Qarata, the second deputy speaker, posed a question: “Is incest within our community a pervasive phenomenon or merely a collection of isolated instances?”

Serious societal concern

He further posited that “should incest not constitute a serious societal concern, the existing articles 345, 347, and 348 of the penal code might well suffice.”

MP Hasan Ebrahim raised concerns about the potential "intellectual invasion" that necessitates robust legislation to mitigate risks to the society. He added that the lack of comprehensive statistical data on incest in our society makes the task of assigning appropriate penalties challenging.

MP Mohamed Alhusaini argued that a five-year imprisonment term is insufficient and called for more severe punishment for such a heinous crime. He acknowledged the absence of reliable data on the matter and referred to a statement by The Supreme Council for Women, which indicates a growing number of incest cases as a dangerous sign.

Family-based structure

The National Institution for Human Rights endorsed the proposed legislation, affirming its role in protecting the family-based structure of Bahraini society.

The institution referenced international precedents, such as the Stübing v. Germany case of 2012, where Patrick Stübing faced prison sentences for violating German laws prohibiting sibling sexual intercourse, while Susan Karolewski was placed under supervision.

The draft law has garnered support from the Ministry of Interior, Ministry of Justice and Islamic Affairs, Supreme Council for Women, and Ministry of Social Development, albeit with minor reservations regarding the phrasing of legal terms.

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