Despite the progress made globally, violence against women (and girls) remains prevalent across both public and private spaces. The 2024 campaign of 16 Days of Activism against Gender-based Violence (GBV) emphasises the urgency of preventing gender-related killings and demands action to protect women and girls everywhere. According to a UN global report, nearly one in three women and girls worldwide will experience physical or sexual violence during their lifetime.
Gender-based violence (GBV) is a global issue that is deeply entrenched in almost every culture and every country. In Pakistan, domestic and sexual violence are the most pressing issues. Women are neither safe in their homes (private spaces) nor outside their homes in public spaces. Gender-based harassment, online violence, and cyberbullying are also becoming rampant, denying women safe spaces. Women’s constitutional right of simply being acknowledged and treated as an equal citizen is violated every day, every time and everywhere.
In this age of artificial intelligence and scientific innovation, women are forced to live under subjugation, violence, fear and humiliation. Currently, Pakistan has 18.9 million girls who have been married off before reaching the age of 18 and some 4.6 million before reaching the age of 15. Child marriages abruptly end a child’s childhood, and early pregnancies put their lives and health at greater risk. Sindh was the first province to pass comprehensive legislation in the form of the Sindh Child Marriage Restraint Act 2013, under which the age of marriage was raised to 18 for both males and females, making underage marriages a non-bailable, non-compoundable and cognisable offence, where anyone could report an incident of child marriage to the authorities on which the police may arrest a person without a warrant and start an investigation.
Over the years, Pakistan has made strides in progressive and pro-women legislation, such as the Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016, the Sindh Domestic Violence (Prevention and Protection Act), 2013, the Sindh Child Marriages Restraint Act, 2013, and the Protection against Harassment of Women at the Workplace Act 2010, and other such laws protecting and promoting women rights.
However, the major hurdle is effectively implementing these laws in their true spirit. The enforcement machinery and judiciary, however, have not been able to implement these laws to provide legal assistance and justice to the survivors and victims enshrined in these laws.
In order to provide speedy justice to victims of GBV on a priority basis and in a gender-sensitive manner, some 480 specialised GBV Courts in 116 districts were established across the country.
The Law and Justice Commission of Pakistan (LJCP), in a report titled, “Unveiling Shadows: An Overview of Gender-Based Violence Cases, 2023” provides an insight into GBV cases in Pakistan, evaluates the effectiveness of GBV courts and provides data on such cases. The report mentions that the backlog of unresolved GBV cases increased from 21,891 to 39,655 by the end of 2023, with an overall 81% rise. The backlog of GBV cases nearly doubled from 16,958 to 34,350 cases in Punjab. Khyber Pakhtunkhwa’s backlog increased by 14% from 2,230 to 2,547 cases. Sindh’s backlog increased by 3% from 1,453 to 1,495 cases, whereas there was a slight increase in Balochistan and Islamabad of 2% and 1%, respectively. Regardless of the actual number of cases or size of the backlog, in any province, there is a disturbingly low conviction rate of 5% and a high acquittal rate of 64%.
Within this period, we have also seen high-profile cases such as the murder of Noor Mukadam, a 27-year-old woman who was brutally tortured and murdered by Zahir Jaffer in 2021. The case has been pending before the Supreme Court for more than a year and a half, typifying the challenges and delays in serving justice.
Faulty and weak police investigation, mishandling of evidence, delay in forensic processing of evidence, protection of crime scene in rape and murder cases, procedural lapses, witness protection issue, lack of knowledge of relevant laws, lengthy and complicated judicial processes, ineffective reporting mechanism are the probable reasons cited for the low conviction and high acquittal rates in VAW cases.
Underlying and underpinning all this is a culture of deep-seated misogyny that can only be addressed through the right kind of education from primary to university level and through wide-ranging public awareness campaigns through print and electronic media, which run ALL year round.
Lengthy pendencies in GBV cases across provinces indicate systemic and structural failure and inefficiency in the judicial system. Thus, structural overhaul and fundamental reforms in police and judicial systems are urgently needed.
Unequal gender representation in the police force and judiciary exacerbates the problem further. Women recruits comprise less than 2% of Pakistan’s entire police force. Representation of female judges in the judiciary is also quite low. Currently, there are 3,142 judges and judicial officers working across the country, of which the vast majority, around 2,570, are men, while there are just 572 are women, of which 565 are in the District Judiciary, and just seven are in the superior judiciary. Overall, women comprise just 18% of all judges in the country.
There is an imperative need to develop integrated institutional accountability mechanisms in the judiciary and law enforcement agencies. Unfortunately, patriarchal, misogynistic mindsets prevail in both the law enforcement agencies and as well the judiciary. Independent experts should regularly screen and conduct behavioural assessments of members of the LEAs and the judiciary. If a male judge consistently seems to hand out judgements that appear to be prejudicial against the female gender, there should be a mechanism whereby he can be made answerable. Training sessions on pro-women laws, fundamental rights, and women’s and human rights should be made a permanent feature of these institutions.
It is also important that the general public, particularly women, be made aware of relevant laws. Basic fundamental rights should be emphasised through public awareness-raising messages and campaigns. Federal and provincial governments should allocate adequate resources, human capital, and financial resources to meet these goals.
Effective implementation of laws that support and promote women’s rights (in all spheres: domestic, public, political, social, and economic) and protect political participation and access to the justice system must be ensured. The 1973 Pakistan Constitution enshrines the status of women as equal citizens of this country.
