SHC seeks comments from Sindh, Centre on plea for implementation of anti-rape law

The Sindh High Court (SHC) has issued notices to the provincial law officer and others on a petition seeking the implementation of the Anti-Rape Trial and Investigation Act 2021.

Petitioner M Tariq Mansoor submitted in his plea that due to lack of implementation of the anti- rape law, rape incidents were increasing, and accused involved in such incidents were acquitted due to defective investigations.

During 2013-2020, he said, a total of 2,995 rape cases against women and children were reported. In 2019, the number of reported cases was 407, which increased to 455 in 2020.

The petitioner submitted that anti-rape crisis cells were to be established under the anti-rape law in each and every district of the province. He further said that dedicated prosecutors and lack of framing of rules were also a cause of concern; besides, several provisions of the law having not been implemented yet by the federal and provincial governments.

The petitioner submitted that the Anti-Rape Trial and Investigation Act 2021 had provided for the establishment of anti-rape crises cells at every public hospital of the district, legal assistance to the victims, speedy trial proceedings and a witness protection programme, which were yet to be implemented by the provincial government.

He said that although there was a growing number of rape and violence against women cases in the province, no action had been taken to enforce the law.

The high court was requested to direct the federal and provincial governments to establish anti-rape crisis cells, ensure legal assistance for rape victims through dedicated investigation and prosecution teams and in-camera trials to protect the identity of rape victims. The SHC, granting the application for hearing, issued notices to federal and provincial law officers, and others and called their comments on the next date of hearing.

Cases of minor girls’ murder after rape have seen a disturbing rise in Karachi during 2022. A sudden increase has been observed recently, with at least six such cases reported in the city in three and a half months — half of them this month alone.

Over 200 sexual abuse cases have also been reported in the city this year. The Karachi police statistics show that in eight of the 216 abuse cases, the victims were aged until five years, 40 were aged between six and 10, 38 between 15 and 18, and 95 over 18.

Police have arrested the suspects in almost all the minor girls’ rape and murder cases. Close relatives and neighbours have been found involved in majority of the incidents.

“In such cases where close relatives are involved and doing such things in the house, the police can’t do anything,” Sindh police chief IGP Ghulam Nabi Memon told The News last month. “But the police can timely investigate these cases with the help of forensic and digital evidences after they’re reported.”

He explained how forensic and digital evidences help the police investigate such cases. “In the Landhi Muslimabad case, in which a murdered seven-year-old girl was found in the garbage on December 16, forensic evidence helped the police. While 25 DNA samples didn’t match, the 26th did.”

Regarding the expertise of police investigators, the IGP said that there is a need to improve police training. “Police investigations in such cases have now seen much improvement compared to the earlier situation, but now they need more training to deal with these cases.”

War Against Rape (WAR), a non-governmental organisation focusing on such incidents, also investigated these cases. WAR’s findings on this year’s sexual violence cases until July show that in the 42 cases investigated, 27 (64 per cent) survivors were children under 18 years.

The most vulnerable age group was said to be 5-11 years (36 per cent), followed by 12-17 years (29 per cent). The average age was 14 years in all cases investigated, with the minimum age of survivors being five years.