On the night of 7 September 2020, a woman was gang-raped and robbed in front of her children on the Lahore-Sialkot motorway in Pakistan after her car broke down. While she waited for the police to arrive, two men approached her and held her at gunpoint, raped her, and robbed her of money and jewellery. The primary suspect was previously involved in a gang-rape in 2013. The rape sparked a national outrage with demands for justice for victims of rape and sexual assault.
BLAMING THE VICTIM
The Capital City Police Officer (CCPO) Umar Sheikh, the lead police investigator, caused controversy with his public comments following the incident. He questioned why the victim was alone, “unaccompanied by an adult male” and why she chose a route “that didn’t have a population around it”.
The CCPO’s comments led to protests calling for his removal. These was supported by many individuals, including the spokesperson for the Pakistan Muslim League-Nawaz (PMN), Marriyum Aurangzeb, who also suggested that the CCPO’s views “represent a mindset that shames a rape victim” but also “encourage the culprits”. This reflects a view prevalent in Pakistan and amongst the country’s leaders, where women victims are shamed, and abusers are left unpunished. Aurangzeb further blamed “the entire government, prime minister, and Punjab Chief Constable” for remaining silent on the issue, as their silence confirmed the entrenched victim blaming mindset and the injustice perpetrated towards victims.
The CCPO further added fuel to the fire when he made it clear that women in Pakistan are not safe nor protected, unlike women in France, where “there is writ of state, there are moral values and citizens are provided protection”. This statement implies that Pakistan is devoid of all of these things, and that women who choose to leave their homes will be attacked, with only themselves to blame. Several other issues arise from this statement. Sheikh’s views contradict article 9 of the Pakistani Constitution, according to which no person shall be deprived of life or liberty, and moreover, reflects the fact that women have little to no rights in Pakistan. Secondly, the CCPO stated that Pakistan has no rule of law, suggesting that citizens must protect themselves and implying that police protection is inadequate. His comments rationalising rape have spread fear among the women of Pakistan.
LEGISLATIVE FRAMEWORK FOR WOMEN’S RIGHTS
In Pakistan violence and abuse of women are widespread amid a culture of impunity. According to the Punjab Province police crime statistics, there have been 2043 cases of registered rape and 111 cases of registered gang-rape in Punjab so far in 2020. Violence against women is on the rise and many activists have blamed patriarchal attitudes for this problem. The Human Rights Commission of Pakistan register an average of ten cases of gender-based violence, sexual assault, and rape of minors a day.
Pakistan has important laws protecting women and girls from violence. The Criminal Law (Amendment) Act 2016 repealed an earlier loophole allowing perpetrators of honour violence to be pardoned for their crimes. Another example is the Punjab Protection of Women against Violence Act 2015, which applies in Punjab Province and is aimed at protecting women from domestic violence, and more broadly to “create an enabling environment to encourage and facilitate women freely to play their desired role in society”. There are also laws that protect women’s rights to property and money. However, the main challenges lie in laws not being enforced and controversy around women’s rights.
The Pakistani Prime Minister, Imran Khan, has ordered new legislation to be introduced to the effect that persons found guilty of rape and sexual assault should be sterilised. But many laws on rape and sexual assault have already been passed with high penalties including life imprisonment and even death penalty. The problem is thus not that there is insufficient legislation for the protection of women and girls, instead there are problems with the implementation of such laws.
THE HUMAN RIGHTS OF VICTIMS AND PERPETRATORS
Tahira Abdullah, a veteran human rights defender stated that “it is a positive sign that this particularly heinous, barbaric gang rape and robbery case is receiving a lot of publicity, which just might lead to concrete action”. Concrete action has indeed followed. In response to the motorway incident, Prime Minister (PM) Imran Khan has called for convicted rapists (and child molesters) to be “chemically and surgically castrated” and “publicly hanged”. However, his proposals have received a mixed reaction.
The effects of rape can be severe and long-lasting, affecting the victim not only physically but mentally and emotionally. Many people have disagreed with the PM’s call for public hangings, including on the ground that “it brutalises society”. Saroop Ijaz, Senior Counsel for Human Rights Watch who supports this view stated that “it is the state’s responsibility to heal and not exacerbate violence”.
There are many debates which focus on whether an abuser’s rights and life take precedence over the victims, or if the death penalty is too extreme of a punishment. On the one hand, the death penalty may not be a deterrent to crimes, as perpetrators will not be paying for them by living through a punishment where they suffer and should face the consequences of their actions. While there are many controversial issues, the announcement by the PM of the punishment of castration could lead to an end to a victim blaming mindset. Other measures such as educating society about rape, reversing patriarchal attitudes and including more women’s rights in legislation are further ways to end victim blaming.
SYSTEMIC CHALLENGES TO WOMEN’S RIGHTS
Pakistan requires a police force that is able to protect the population and respect the rights of women, however, even the police have been accused of committing rape. In 2019, a 22-year-old woman was raped by three policemen, who were later arrested. When it is the police who are the perpetrators, trust and credibility are lost, and victims fear seeking help from the police.
Another systemic challenge is that rape and sexual abuse occur more in the rural areas where there are fewer police stations than in the city and therefore less protection. In rural areas misogynistic and patriarchal attitudes are also stronger, and women are not treated as equals. In order for all women to have equal access to justice, there needs to be more police stations outside of the city. Moreover, there should be more female police officers who can assist female victims and create a safe space for them, so that more women would feel comfortable reporting rape crimes. Women’s rights should also be about more than protection of victims and should extend to empowering women to take on positions in the police force, to receive education and training and be placed in positions of power and decision-making.
However, this can only be achieved if the patriarchal attitudes that are so deeply embedded in the minds of those in government and state structures like the police are abolished, and women are treated with equality. This could lead to positive changes in women’s rights in Pakistan.
Amina is a law graduate from the University of Leicester. She aims to become a Solicitor specialising in Human Rights Law and to advocate for justice for those in vulnerable situations.