Lably
Skip to content

Rape in Pakistan

Overview of rape and other sexual violence in Pakistan

  • 17 min read
  • 4 chapters

Related on Lably

Through Capital punishment, Human Rights Watch and Domestic violence

Rape in Pakistan came to international attention after the politically sanctioned rape of Mukhtaran Bibi. The group War Against Rape (WAR) has documented the severity of rape in Pakistan, and the police indifference to it. According to Women's Studies professor Shahla Haeri, rape in Pakistan is "often institutionalized and has the tacit and at times the explicit approval of the state". According to late lawyer Asma Jahangir, who was a co-founder of the women's rights group Women's Action Forum, up to 72% of women in custody in Pakistan are physically or sexually abused.

Approximately 4,326 cases of rape were reported in the year 2018 followed by 4,377 rape cases in 2019, 3,887 cases in 2020 and 1,866 cases in 2021. The Human Rights Ministry of Pakistan stated that the reports of rape, violence and workplace harassment have gradually and consecutively lowered in the years 2018, 2019, 2020 and 2021 respectively. Critics say that the conviction rate in the country is low as rape cases in Pakistan take years to prosecute. Rampant corruption in the lower judiciary and political influence can also help the rapist escape punishment.

In 2019, the government of Pakistan established more than 1,000 special courts across the country. These special courts would focus only on addressing the issues related to violence against women in Pakistan. The establishment of special courts were hailed by many human rights organizations.

History

1947 and 1979

Prior to 1979, Section 375 of the Pakistan Penal Code stated that girls younger than the age of fourteen were prohibited from sex acts even if consent was acquired. Despite this, the previous laws also claims that rape during marriage is not considered rape as long as if the wife is over the age of fourteen.

In 1979, the Pakistani legislature made rape and adultery offences for the first time in the country's history, with the passage of The Offence of Zina (Enforcement Of Hudood) Ordinance, 1979. The Ordinance changed the punishment for such offences from imprisonment and fines, to punishments such as stoning to death. Although this new law is stated to protect women, it reinforces that in order to do so there must be concrete evidence. The evidence was most commonly deemed to be a witness who could testify that the rape actually occurred. In 1979, the witness had to be deemed as credible and honest by the Qazi.

According to the Ordinance, rape is defined as:

  1. the sex is occurring against the will of the person
  2. the individual did not consent to partaking in sexual intercourse
  3. the perpetrator obtains consent by the victim by threatening, hurting or causing fear to the victim.
  4. the perpetrator and victim are not married

2006 Women Protection Bill

On 15 November 2006, National Assembly of Pakistan passed Women Protection Bill to amend the heavily criticised 1979 Hudood Ordinance laws. Under the new bill, death penalty for extramarital sex and the need for victims to produce four witnesses to prove rape cases were removed. Death penalty and flogging for people convicted of having consensual sex outside marriage was removed. However, Consensual sex outside marriage was still treated as a criminal offense with a punishment of five years in prison or a fine of US$165.

Under the Women Protection Bill rape is described as a man who has sexual intercourse with a woman:

  1. against her will.
  2. without her consent
  3. with her consent, when the consent has been obtained by putting her in fear of death or of hurt
  4. with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or
  5. with or without her consent when she is under sixteen years of age.

The punishment for rape under 2006 Women Protection Bill is either death or imprisonment of between ten and twenty-five years. For cases related to gang rape, the punishment is either death penalty or life imprisonment.

Criminal Law (Amendment) (Offense of Rape) Act 2016

On 7 October 2016, Pakistan's parliament unanimously passed a new anti-rape and anti-honour killing bills. The new laws introduced harsher punishments for the perpetrators of such crimes. According to the new anti-rape bill, DNA testing was made mandatory in rape cases. Sabotaging or disrupting the work of a police officer or Government official could result in imprisonment of 1 year under the new law. Government officials who are found taking advantage of their official position to commit act of rape (e.g. custodial rape) are liable to imprisonment for life and a fine. According to the new law, anyone who rapes a minor or a mentally or physically disabled person will be liable for the death penalty or life imprisonment.

Recording of statement of the female survivor of rape or sexual harassment shall be done by an Investigating Officer, in the presence of a female police officer, or a female family member of the survivor. Survivors of rape shall be provided legal aid (if needed) by the Provincial Bar Council. The new law also declares that trials for offences such as rape and related crimes shall be conducted in-camera and also allows for the use of technology such as video links to record statements of the victim and witnesses, to spare them the humiliation or risk entailed by court appearances. The media will also be restricted from publishing or publicising the names or any information that would reveal the identity of a victim, except when publishing court judgements. The trial for rape shall conclude within three months. However, if the trial is not completed within three months then the case shall be brought to the notice of the Chief Justice of the High Court for appropriate directions. The new bill also ensures that sex workers are also included in the law's protection.

UN Women Executive Director, Phumzile Mlambo-Ngcuka, hailed the Government of Pakistan's decision to pass the anti-rape and anti-honour killing bills.

Virginity tests

In 2021, Lahore High Court banned the use of virginity tests in cases where women claim they were raped.

Sign in to keep reading

3 more chapters are free with a Lably account.

More in Psychology