Rape epidemic: A legal battle for victims

Reforms are needed to save us

A woman was reportedly coerced and gang-raped on July 26, in the Hafizabad region, in front of her husband and three-year-old daughter, by robbers at a gunpoint. This incident raises concerns about the increase in violent occurrences against women in South Asia, where sexual assault is on the rise, and innumerable events similar to this one have shocked the aubcontinent. The family was reportedly on a motorcycle to Chiniot when three robbers pulled them over near Sukheke.

One notable feature of this case is that police from the districts of Hafizabad and Nankana Sahib are alleged to have fought out a “dispute of jurisdiction,” instead of offering assistance to the victim family. They claim that when the incident was reported to the Hafizabad district police at 11:30 p.m. the Nankana police diverted the call and stated it was outside of their jurisdiction. The Hafizabad police said that the Nankana police would assume control of the area after sending a team to the location of the incident and conducting a quick investigation.

The family was left alone for almost an hour during the disagreement about jurisdiction, and the criminals eventually left the site after perpetrating the horrible crime, which is a glaring example of Pakistan’s weak legal system and enforcement procedures.

The issue of sexual violence, including rape, in Pakistan has been a significant and persistent problem. Reports of rape have highlighted the prevalence and severity of the issue which shows us a several factors contribute to this epidemic, including; cultural and social norms, weak legal framework and enforcement, the deeply entrenched patriarchal nature of society often marginalizes women and lacking in mass awareness, making them more vulnerable to violence and less likely to seek justice.

Pakistan was ranked 145th out of 146 countries in the World Economic Forum’s 2024 Global Gender Gap Index, a fall from 142nd in 2023, which signifies that achieving gender parity is getting more and more difficult. According to a study, Lahore and Faisalabad reported the greatest incidence of violence against women, in 2023 by the Sustainable Social Development Organization. In 2023, there were 6,624 recorded cases of rape; the highest number of incidents occurred in Faisalabad (728), followed by Lahore (721) and Sargodha (398). As a result, a woman was raped every 45 minutes, it is still challenging to identify the abusers of the 235 sexual assault complaints that have been made in the last four months. In Lahore alone, over 200 women suffered sexual assault in just 2024.

Another study conducted by a private TV channel in Pakistan found that between 2017 and 2021, up to 21,900 women were reported to have been raped nationwide, based on data from the home department in Punjab province and the Ministry of Human Rights. According to the numbers, this means that 12 women each day, or one every two hours, are sexually assaulted throughout the country.

The surveyors speculated that these documented incidents might be the very beginning of the problem. In 2018, 4,326 cases of recorded rape were reported; in 2019, 4,377 cases, 3,887 cases in 2020, and 1,866 cases in 2021. According to records, 44 Pakistani courts heard 1,301 complaints of sexual assault on women in 2022. The police filed charge-sheets, against 2,856 incidents however, only four percent of the cases proceeded to trial.

To guarantee that offenders are held responsible and that victims get the justice and assistance they are due, the legal system needs to be changed. Campaigns for public awareness, instruction, and community involvement are crucial for influencing perceptions of rape and enabling survivors to come forward. As Nobel winner Malala Yousafzai so eloquently stated, “We cannot succeed when half of us are held back,” Even if there are encouraging signals, there is still more to be done to address this situation and defend the rights and dignity of every Pakistani citizen.

Pakistan has laws prohibiting sexual violence; however they date back to the British colonial era and are primarily based on Victorian ideas. In 1979, the Zina Ordinance came into effect during the military rule of Gen Zia-ul-Haq which is prescribed harsh penalties for adultery and rape.

The Women Protection Act, which superseded the Zina Ordinance and fundamentally altered the definition of rape, was passed by the Pakistani government in 2006 when it realized the deficiencies in the existing legal system. The definition of rape was broadened by the updated PPC Section 375 to cover instances of same-sex rape and male victims, who were excluded by the previous act. More amendments were passed in 2016 to strengthen the laws against assaulting children, harassment, and misdiagnosing victims were among the issues addressed by the Criminal Law Act. By incorporating modern forensic tools into rape cases, it also enhanced the evidence collection process.

The government passed additional amendments to The Anti-Rape (Investigation and Trial) Act against sexual assault in 2020 and 2021. The implementation of stringent measures such as the death penalty or a 10-to-25-year prison sentence for rape under Pakistani law, the establishment of over 1,000 special courts for rape cases across the nation, and the use of DNA testing and other scientific evidence were among them. Additionally, a national sex offender registry was established and for cases of gang rape, the punishment is either life in prison or the death penalty.

Beyond judicial amendments, addressing the problem of rape in Pakistan necessitates a multipronged strategy because law enforcement organizations are frequently inexperienced and unskilled in managing rape cases. When victims disclose incidents, they often experience harassment and embarrassment. The male-dominated police force and a lack of female officers deter victims from coming forward even more.

To guarantee that offenders are held responsible and that victims get the justice and assistance they are due, the legal system needs to be changed. Campaigns for public awareness, instruction, and community involvement are crucial for influencing perceptions of rape and enabling survivors to come forward. As Nobel winner Malala Yousafzai so eloquently stated, “We cannot succeed when half of us are held back,” Even if there are encouraging signals, there is still more to be done to address this situation and defend the rights and dignity of every Pakistani citizen.

Arslan Mehndi Nekokara
Arslan Mehndi Nekokara
Arslan Mehndi Nekokara, Lecturer at GCUF Chiniot Campus, MPhil Political Science from Punjab University Lahore, Expertise in Global politics, Comparative Governments, World Constitutions, Political. Thoughts and theories. Email: [email protected]

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