The Deafening Silence

The “Pakistani Dream”, a vision of a prosperous, equitable, tolerant, and dynamic society had always been a political mantra in the Pakistani landscape. Over the recent years, the mantra had morphed into the rhetoric of “Naya Pakistan” or “Riyasat-e Medina”- which envisions a welfare society based on the cardinal principles of justice, and ethical and moral transformation of the society. While the rhetoric may well be alluring, sadly it wields no effect in altering the bitter ground realities of our present-day society. The chants of welfare utopia still remain a far cry particularly when it comes to the security of vulnerable groups including women.??

Internationally, for the past several years, Pakistan had consistently been ranked among the top most dangerous countries for women where on average 11 rape cases are being reported daily across Pakistan, yet sadly, the perpetrators' conviction rate stands at only 0.2% (HRCP, 2022). Rape remains the most reported crime in the Pakistani mainstream media (SSDO & CRDC, 2022). The rape and murder of six-year-old Zainab, the Kasur child abuse scandal, and the train gang rape case are just to name the few which made international headlines and sparked outrage within Pakistan in recent years.???

Historically the sexual offense laws in Pakistan remained largely impotent and languished without effective implementation for ensuring the protection and justice in sexual offenses. Rightly so they had consistently been subjected to criticism. The flawed criminal justice system offers the perpetrators a conduit for evading justice with impunity thereby leaving the victims destitute.??

The recent anti-rape trial and investigation act 2021 passed by the parliament to plug the gaps in the existing sexual offense laws in Pakistan is still not enforceable owing to myriad factors. These include a lack of funds and technical expertise for the establishment of JITs and appointment of gazette officers for investigation; sparse resources for the purchase of modern devices for investigation and for the establishment of anti-rape investigation units and special courts for a speedy trial. Apart from the issue of funds, a pertinent challenge is the capacity building of the investigating and medical officers, prosecutors, and the courts in effectively dealing with sexual offenses as prescribed by the recent act. Another lacuna in the effective implementation of the act is the gender dimension whereby female representation in the investigation and prosecution of sexual offense matters is not deemed compulsory.

Apart from implementation loopholes from the legal standpoint, socio-economic and cultural factors also play a pivotal role in creating impediments for the victims in seeking justice. The irony is much of rape cases go unreported not merely because of a lack of an understanding of the legal system for reporting the crime but mainly due to financial constraints. Abysmal cultural norms and misinterpretation of religious mandates reinforce patriarchy that further weakens the position of a woman in society thereby strengthening toxic masculinity, unequal power, and control of men over women. Victim blaming is another societal trauma enforced on the victims, providing an unfair advantage to the culprits to justify their heinous crimes that further lead to the escalation of rape crimes. As a result, to avoid sheer embarrassment and insult, the victims fail to come out and seek the support of the authorities. Women who do take a stand and raise their voices against these crimes are either killed by their own family members in the name of honor or are outcasts as ‘radicals’ supported by western agendas. The parallel adjudication system albeit the illegal system of jirgas through their heinous verdicts of revenge rape or honor killings in rape offenses is no secret.?

In order to curb the increasing menace of rape from the root, it is imperative that the government enforce the anti-rape trial and investigation act 2021 and devise mechanisms for collaboration between all concerned agencies to safeguard the well-being of rape survivors. Moreover, the appointment of female judges and investigating officers may be made compulsory in such sexual offense cases as they bring a gender-neutral perspective to the court proceedings. Social reforms need to be organized to advocate a shift in the mindset of society from victim-shaming to perpetrator-shaming. Focused efforts must be targeted toward survivor rehabilitation and the creation of safe spaces for the victims.

Women in Pakistan are largely deprived of their fundamental right- the right to security. The inability of the state to safeguard the rights of women itself violates the Islamic ideology of Pakistan. It’s an uphill battle to defeat the deafening silence of injustice and discrimination against women but not an improbable one.