War Against Rape (WAR) and the Legal Aid Foundation for Victims of Rape & Sexual Assault (LRSA) have hailed legal victories in six sexual violence cases, in which the accusers have been convicted.
WAR and LRSA commended the bravery, struggle, untiring efforts, dedication and commitment of their team, including their Advocate Asia Munir, to ensure that the perpetrators of the heinous crime of sexual violence did not go unpunished.
West Additional District & Session Judge-X Irshad Hussain sentenced an uncle, namely Sharif, life imprisonment for raping a minor girl child, aged only nine years, for offences punishable under section 376(iii)/506 of the Pakistan Penal Code (PPC), and imposed a fine of Rs200,000 to be paid to the victim.
In case of failure to pay the fine, the accused would undergo further imprisonment of six months. FIR No. 206/2022 of the case had been lodged at the Jackson police station.
In another case, the same judge sentenced the accused Tariq Alam to 10 years of imprisonment for an offence punishable under section 376(i) of the PPC and imposed a fine of Rs100,000 after he pleaded guilty to raping his daughter, aged only nine years.
FIR No. 243/2014 had been lodged at the Surjani Town police station. In case of failure to pay the fine, the accused would undergo further imprisonment of six months.
In the third case, the judge sentenced Ubaid Hussain, Tariq Khan and others to life imprisonment for raping a 12-year-old girl child, and imposed on them a fine of Rs50,000 each for offences punishable under section 376(ii)/34 of the PPC.
In case of default in the payment of the fine, the accused persons would undergo further imprisonment of six months each. FIR No. 27/21 had been registered at the Surjani Town police station.
In the fourth case, a 14-year-old was raped and blackmailed by the accused Ramadan and Mohsin. The accused were sentenced to 15 years and three years of rigorous imprisonment respectively for offences punishable under section 376/511/34 of the PPC.
A fine of Rs150,000 was also imposed on the accused, while FIR No. 42/2020 of the case had been lodged at the Iqbal Market police station.
The judge also sentenced the accused Abdul Basit Ali to two years of imprisonment for sodomising a nine-year-old. The accused is also liable to pay a fine of Rs20,000.
The accused was found guilty under section 377 of the PPC. In case of default in the payment of the fine, the accused would undergo an additional simple imprisonment of three months. FIR No. 216/22 had been lodged at the Ittehad Town police station.
In the sixth case, a child aged five or six years old was returning from her madrasa when the accused Sameer stopped her, took her to his house and raped her.
The accused Sameer was convicted under section. 376/377-B of the PPC and sentenced to two years of imprisonment, while he is also liable to pay a fine of Rs50,000.
In case of default in the payment of the fine, the accused would undergo an additional simple imprisonment of three months. FIR No. 392/22 had been registered at the Madina Colony police station.
SGBV factsheet
WAR’s factsheet on sexual and gender-based violence (SGBV) from January 2022 to June 2023 reveals that the average age in its total 93 investigated sexual violence cases is only 13 years, which is alarming.
WAR’s investigations also revealed that during the last two years, a total of 8,105 child sexual abuse cases were reported across Pakistan. However, WAR believes that these figures are only the tip of the iceberg, and that the actual number of cases may be far higher than the reported ones.
Recommendations
WAR recommended that the state ensure the rigorous implementation of women and child protection laws, including the effective implementation of the Anti-Rape (Investigation & Trial) Act, 2021, and accountability mechanisms.
They said that to curb the menace of the growing severity of child sexual abuse, the state should ensure the effective execution of age-appropriate life skills-based education curriculum across Pakistan.
They also suggested the enhancement of the capacity of police personnel to enhance their investigative skills, including evidence collection and appropriate understanding of the medico-legal requirements in SGBV cases, to create a sustainable impact.
WAR pointed out the dearth of women medico-legal officers (WMLOs), saying that currently there are only six. Hence, they said, there is an urgent need to fill vacant posts of WMLO and MLO in Sindh, and enhance their technical skills in the use of best practices, ethics and protocols.
They also stressed that interdepartmental coordination needs to be strengthened between key state actors of the justice system for efficiently identifying, preventing and timely responding to survivors or victims of different forms of GBV. They said the judiciary needs to ensure faster trials and effective accountability systems in GBV cases.
Published at The News on 29th August 2023