April 5, 2024
By Aitzaz Ibrahim
LAHORE:
In a recent incident in Tandlianwala, a town in Punjab’s Faisalabad division, an alleged attempt to rape a young child by a teacher of a local madrassa has sparked public outcry. Typically, soon after the incident enraged the public through media coverage, there were efforts to dismiss the case and secure the release of the accused.
But in response to mounting criticism from various sectors, the Punjab police stepped in to contest the release of the accused.
This case exemplifies a troubling pattern wherein authorities and powerful individuals frequently stifle instances of child sexual abuse – with efforts made to resolve them discreetly outside the purview of the judicial system.
Imran Rana, a criminal lawyer, is presently defending a rape case of a six-year-old child – “The police changed the case to attempted rape and repeatedly told the child’s father that if you file a case of rape, you will be stigmatized in the society.
He says that the evidence and medical reports available with him indicate that it was a case of rape. But, “the police manipulated it the case in to reach a compromise”.
Despite the concern over the accused potentially escaping punishment in the rape case, is there any legal provision for out-of-court settlements in Pakistan concerning serious crimes such as sexual abuse of children?
Asad Jamal, lawyer and human rights observer, says: “There is no provision in the law for extrajudicial settlements in cases of sexual crimes against children and women.”
According to the 2023 report by Sahil, an organization advocating for children’s rights in Pakistan, a total of 4,213 cases involving child sexual abuse, child marriage, kidnapping, and disappearances were reported in the media. Among these, 2,325 cases involved boys, while 1,928 cases involved girls.
Ayesha Raza Farooq, Chairperson National Commission on the Rights of Child (NCRC), reiterates that there are strict laws for the protection of children – “In Pakistan, laws for the protection of children exist at both the federal and provincial levels. The Anti-Rape Act of 2021 specifically aims to safeguard children from sexual crimes. Under this act, parties involved cannot enter into any agreements between themselves.”
Although laws relevant exist in Pakistan, still sexual crimes against children persist far too frequently. How can such cases be resolved, and why are negotiations often involved?
Imran Rana says, “Usually the complainants are hesitant to approach the police due to the fear of stigmatisation. The police tend to reconcile the parties rather than resorting to legal recourse through the courts. If no agreement is feasible within the confines of the law, they may alter the course of the case.”
Essentially, the slow and complex judicial system in Pakistan is pressuring the families of victims to seek out-of-court compromises.