LAHORE: The Lahore High Court (LHC) has dismissed a petition seeking directions for federal and provincial governments to introduce specific legislation criminalising marital rape and addressing sexual exploitation within marriage.
Justice Abher Gul Khan announced the seven-page verdict on Friday, observing that courts cannot compel parliament or provincial assemblies to enact particular legislation.
The petition was filed by Areej Sohail Bhutta, who requested amendments to Sections 375 and 376 of the Pakistan Penal Code (PPC), 1860, to establish a clearer legal framework addressing sexual violence within marriage.
The petitioner argued that the existing legal framework contained deficiencies and required specific provisions to protect women’s constitutional rights, dignity and security.
However, the court maintained that legislation falls within the constitutional responsibilities of parliament and provincial assemblies.
Importantly, the judge clarified that dismissing the petition did not mean endorsing violence or coercion within marriage. The verdict stressed that marriage does not diminish a woman’s dignity, rights or entitlement to protection.
The court also observed that Section 375 of the PPC does not expressly provide an exemption for husbands based on marital status.
Furthermore, the judge noted that provincial laws already provide mechanisms for women’s protection against domestic violence.
The verdict emphasised that elected representatives could consider appropriate legislation while keeping constitutional requirements and Islamic injunctions in view.
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