As 2026 begins, women in Pakistan continue to face critical challenges regarding sexual violence and justice. Recent court decisions have reignited debates over rape and marital rape, revealing gaps in judicial understanding and the urgent need for reform.
Earlier this month, the Supreme Court reduced a rape conviction to a charge of fornication, slashing the prison term from 20 years to five and lowering the fine from 500,000 rupees to 10,000 rupees. This ruling has sparked renewed calls for stronger legal protections for women and highlighted flaws in interpreting sexual assault cases.
Ayesha Farooq, chairperson of the Committee of the Anti-Rape Investigation and Trial Act, emphasised that such judgments discourage women from reporting sexual violence. Despite legal safeguards, roughly 70 percent of gender-based violence (GBV) incidents go unreported, while national conviction rates remain at just five percent. Certain categories of cases, including domestic violence, see convictions as low as 1.3 percent.
Senator Sherry Rehman presented alarming statistics: in 2024, Islamabad recorded seven convictions from 176 rape cases, Khyber Pakhtunkhwa one from 258 cases, Sindh none from 243, and Balochistan 21 cases with no convictions.
Nida Aly, Executive Director of AGHS, criticised the judiciary for failing as a gender-competent forum, calling the verdicts disappointing and damaging to public trust. The Supreme Court case involved a survivor raped at gunpoint in 2015. DNA evidence confirmed the accused as the father of her child. Although the trial court and Lahore High Court upheld the rape conviction, two of three Supreme Court judges reclassified the act as consensual fornication.
The court cited the survivor’s silence, lack of resistance, and absence of physical marks as reasoning, provoking sharp criticism. The National Commission on the Status of Women highlighted that consent cannot be inferred from delayed reporting, fear, or trauma. Judicial interpretations must reflect the realities of coercion and power imbalances in sexual violence.
Marital rape cases also illustrate gaps in legal clarity. The Lahore High Court dismissed complaints against a husband who raped his wife at gunpoint, claiming that marital status nullified criminal liability despite acknowledging the act as immoral.
Although the Protection of Women (Criminal Law Amendment) Act of 2006 eliminated marriage as a defence to rape, courts continue to apply outdated assumptions. Experts call for clearer legislative guidance and judicial sensitisation to ensure consent remains central, regardless of marital status.
Dr Sharmila Faruqui, member of the National Assembly, stressed the need for legal reforms and judicial awareness. Maliha Zia, Director at the Legal Aid Society, highlighted ongoing training efforts to sensitise judges handling GBV cases. She noted that misperceptions about survivors’ credibility remain widespread, particularly when reporting is delayed or resistance is not evident.
Pakistan has established 174 special courts under the Anti-Rape Act of 2021 to expedite GBV cases. However, these courts often handle other matters, limiting their effectiveness. Notably, in Sindh, rape case convictions rose to 17 percent in 2025, up from five percent in 2020, demonstrating that dedicated attention can improve outcomes. Experts argue that districts with high GBV caseloads should consider exclusive courts for stronger justice delivery.
These rulings underscore a pressing need for reform, judicial accountability, and societal awareness to ensure women’s rights and safety are upheld across Pakistan. Legal clarity, education, and consistent enforcement are essential to empower survivors and prevent ongoing injustice.
