Between Law and Society: Exploring the Persistent Rape Problem in Pakistan

Abstract

This research article delves into the pervasive issue of sexual violence against women in Pakistan, shedding light on the intricate web of factors contributing to its alarming frequency and the abysmally low conviction rates. The study explores historical perspectives, societal norms, and the role of various stakeholders in perpetuating an environment where sexual violence persists. From an Islamic standpoint, the gravity of rape, known as Zina bil jabar, is emphasised by the required penalties in the Quran and historical traditions. The article critically analyzes the performance of stakeholders within the Criminal Justice System, identifying flaws in investigation procedures, victim-blaming, societal pressures, and the often-tedious trial processes. The authors argue that while laws exist, their implementation falls short, resulting in a negligible 3% conviction rate. The study explores the implications of out-of-court settlements and societal attitudes, emphasizing the need for a holistic approach beyond punitive measures. In conclusion, the research calls for a comprehensive understanding of the multifaceted nature of rape in Pakistan. To guarantee victims receive justice, it promotes progressive societal attitudes, new laws, and a reform of the criminal justice system. The author stresses that to make Pakistan a safer place for women, there needs to be a concerted effort to tackle the underlying causes of sexual assault.