Sharafat A. Chaudhry

Rabia Mustafa

Some of the most severe and terrible acts of violence against anyone are rape and sexual assault. The difficulties in investigating and prosecuting these cases using a survivor-centric approach, as well as the complex social and cultural influences, make such violent incidents complex and difficult. In recent years, Pakistan’s government and judicial system have implemented crucial legal and administrative measures to address sexual violence in a comprehensive manner.

In order to combat the horrible crime of rape and provide legal reforms on sexual violence, the government of Pakistan passed the Anti-Rape (Investigation & Trial) Act, 2021, and the rules were also enacted under it, in 2023. The rules provide a comprehensive strategy for addressing this issue by outlining clear guidelines for treating rape cases.

With the rising rates of rape and sexual violence in the country, it was considered that there is a dire need for rape prevention and prosecution and to establish a separate framework for the investigation and prosecution of sexual offences. The Act emphasizes the safety, rights, and dignity of rape survivors and adopts a victim-centric perspective.

The Anti-Rape (Investigation and Trial) Act, 2021 has received the assent of the President of Pakistan on December 01, 2021. This Act aims to expeditious the redressal of rape and sexual abuse crimes in respect of women and children through special investigation teams and special courts providing for efficacious procedures, speedy trial, and evidence. The Anti-rape (Investigation and Trial) Act, 2021 contributes to enforce, inter alia, the Article 5(a)1 and Article 62 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Article 13(1)(2)3 and Article 16(1)(5)4 of the Convention on the Rights of Persons with Disabilities (CRPD). This legislation also contributes to achieve SDG 5-Gender Equality and SDG 16- Peace, Justice and Strong Institutions by countering Gender-based violence through establishing new institutions.

An overview of the Anti-Rape (Investigation and Trial) Act, 2021 is given below:

The Anti-Rape (Investigation and Trial) Act, 2021 extends to the whole of Pakistan. It has been notified by the Federal Government. This Act aims to expeditiously address the matters concerning crime of sexual violence and abuse, i.e. rape and other sexual offences in respect of women and children by providing for special procedures for investigation, evidence collection and trial, and by establishing the Special Courts. It requires to establish or designate Special Courts for separate trials. It provides for creation of a Special Committee to advice the Government for enforcing this Act. The Anti-rape Crisis Cells shall be established under this Act. The Act also provides that the Provincial Governments shall establish Special Sexual Offences Investigation Units (SSOIUs), in each district to investigate the scheduled offences.  For the investigation of heinous offences mentioned in schedule II of the Act, the SSOIU shall be headed by a police officer not below the rank of BPS 17. The law requires a list of Independent Support Advisors (ISAs) to be maintained and notified by the Ministry of Human Rights, to provide legal, financial and psychosocial support to the victim and witnesses in each district.

The Legal Aid and Justice Authority established under the Legal Aid and Justice Authority Act, 2020 shall provide legal assistance to victims under this Act. This Act provides that trial of Scheduled offences shall be conducted in-camera, expeditiously, and preferably be concluded within 4 months. It states that no person shall disclose or reveal the identity of any victim or victim’s family in respect of the scheduled offences, without prior written permission of the victim or victim’s guardian where the victim is a minor or the victim’s family. A Fund shall be established to carry out purposes of this Act. False investigation or complaints is cognizable crime that may be punished with up to 3 years of imprisonment. The preparation of the register of sexual offenders will be given to NADRA.

Moreover, the Ministry of Law and Justice may prescribe Rules, upon the recommendations of the Special Committee, for carrying out the purposes of this Act. In this regard, the latest updates on rape laws is the prescription of three rules namely: Anti-Rape (Investigation) Rules, 2023, Anti-Rape Trial Procedure Rules, 2023, and Anti-Rape Crisis Cell and Medico-Legal Rules, 2023.

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Sharafat A. Chaudhry is a human rights lawyer and the founding Chairperson of the School for Law and Development.

Rabia Mustafa is a Senior Research Fellow at the School for Law and Development.

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