Pakistan has announced imminent reforms in light of the protests which swept the nation subsequent to the rape of a mother who was dragged out of her car in the night and gang raped in front of her children. 

After the gruesome attack in September 2020, officials were said to be victim-blaming the woman, saying she should not have been travelling alone and at night. This led to outrage both within and outside the country, with the news of the officials’ response going viral online. Fuelled by the wilful ignorance of violence against women in Pakistan, the outrage of protestors appears to have been an important factor in bringing about change.

The new rape laws will introduce a sex offenders’ register, anonymise the identities of victims, create a specialist court to hear rape cases, which will be required to reach a verdict within 4 months, and require the chemical castration of serial offenders. In addition to this, the laws will establish “rape crisis cells,” which will aim to ensure victims are given a medical examination within six hours of reporting the offence. Despite the changes, there are still concerns surrounding the enforcement of these laws through the police force. To deal with this, officers found to be negligent in the investigation of such crimes could face a punishment of up to three years imprisonment. 

The introduction of a sex offenders’ register, and anonymising victim identities is especially significant, given the widespread attitudes of victim-shaming in the country. Many hope that this will encourage more victims of violence to come forward in an attempt to increase the poor conviction rate. The law still has to be introduced to Parliament, which will have 120 days to implement it. It is likely that it will pass the law. 

THE INTERNATIONAL FAILURE TO CONVICT

The low number of convictions in rape cases is not a matter that is limited to Pakistan. Countries such as the UK and Sweden have recorded concerningly low numbers of rape convictions, despite evidence that there is a high number of offences being committed. This is in part due to the difficulties in providing evidence for such cases as well as the time taken for such cases in going to court. The creation of a specialist fast-track court for rape cases in Pakistan could therefore be a positive starting point for other countries to implement a similar process too.

The low levels of rape convictions worldwide compared to other crimes is especially concerning, as it can be said to interfere with the right to freedom from torture and cruel, inhuman, and degrading treatment under article 5 of the Universal Declaration of Human Rights. This places an obligation on states to take steps to prevent women from being subject to such degrading and painful crimes and to discourage violence against women. 

ACKNOWLEDGING THE RIGHTS OF WOMEN 

The introduction of these laws can be seen as a massive step forward in acknowledging women’s rights and starting to tackle the violence faced by many women. 

Whilst it is generally accepted that the introduction of tougher measures is a positive thing, Amnesty International has raised some concerns about the human rights implications of chemically castrating repeat offenders. Amnesty  has deemed the practice “cruel and inhuman,” and argues that it will not fix the systemic issues that have led to widespread violence against women in Pakistan. The organisation stated that Pakistan will be breaching their international and constitutional obligations by participating in torture and cruel, inhuman, and degrading treatment of offenders. However, other countries, including Indonesia and Poland, already use chemical castration as part of the punishment for paedophiles who commit crimes. 

Ultimately, the announcement can be celebrated as a step forward in the acknowledgement of women’s rights and violence against women. However, it is important to note that meaningful change will only be brought about once the patriarchal attitudes of the majority of people in Pakistan have been changed. Relying on criminal law and punishment is only one way of dealing with the issues, and much more needs to be done in terms of education, raising awareness, and challenging old-school attitudes towards the rights of women. 

Tanya is a Law student heading into the final year of her degree at the University of Manchester. She is interested in bringing attention to human rights issues arising from her Pro-Bono work at University (volunteering at the Legal Advice Centre and taking part in volunteering projects). Her main goal is to become a Barrister practising in either Criminal or Family Law.

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