A national judicial conference on ‘Judicial Response to Cases of Sexual and Gender Based Violence across Pakistan’ was held in a collaborative effort by the Federal Judicial Academy (FJA) and the Legal Aid Society (LAS) in Islamabad, with the objective of shedding light on the recently passed Anti-Rape (Investigation and Trial) Act 2021 and Criminal Law (Amendment) Act 2021.
The conference was attended by the sitting judiciary of district courts across the country, including District and Sessions judges of the Special Gender Based Violence (GBV) courts. The discussion was enriched by the contributions of Mr. Justice Asif Saeed Khan Khosa, retired Chief Justice of Pakistan; Mr. Justice Nasir Aslam Zahid, ex-Chief Justice Sindh High Court and retired judge of the Federal Shariat Court of Pakistan and the Supreme Court of Pakistan; Justice Nasira Iqbal, retired judge of the Lahore High Court; Mr. Justice Mushir Alam, ex- Chief Justice Sindh High Court and retired judge of the Supreme Court of Pakistan; Mr. Justice Khilji Arif Hussain, retired judge of the Supreme Court of Pakistan; Mr Hayat Ali Shah, Director General FJA; Mr. Justice Qazi Faez Isa, ex-Chief Justice Balochistan High Court and sitting judge of the Supreme Court of Pakistan; and Mr. Justice Qazi Muhammad Amin Ahmad, retired judge of the Lahore High Court and sitting judge of the Supreme Court of Pakistan. Representatives from the High Courts of Islamabad, Punjab, KPK, and Balochistan also shared their insights, allowing a glimpse into the ground realities.
The judges in attendance had been specially nominated by the FJA to participate in the conference, and their keen interest in understanding the Anti-Rape Act 2021 furthered the conference’s aim of providing strategic, concrete knowledge on the operationalization of GBV courts. The conference’s central aim to strengthen the criminal justice system by building the capacities of the judges with regards to the law and special interventions is in sync with key aims of FJA and LAS.
With an emphasis on data-driven policy advocacy and reform, LAS has delved into the identification and examination of the current gaps and lacunas that restrict the delivery of justice in matters pertaining to gender and sexual violence in a speedy an efficient manner. The Gap Analysis of Investigation and Prosecution of Rape and Sodomy Cases in Sindh and ICT notes that the conclusion of a rape/ sodomy trial takes an average of 16.8 months in Sindh and 8.8 months in ICT (detailed reports are available on: las.org.pk). These findings were corroborated and advanced by the judiciary present at the conference whereby they were able to add to the ongoing dialogue, efforts, and debate on how to further respond to sexual violence, specifically by assessing the substantial progress made in the rape laws with the Act. It is crucial that the Act not only safeguard the rights of victims while making access to justice convenient for them, but also that these changes in legislation respond to avoid character defamation during their experience with the criminal justice system.
Mr. Justice Qazi Faez Isa, Honourable Justice of the Supreme Court of Pakistan, concluded the conference with closing remarks that summarized the colonial history of Pakistan’s constitution, and the role that inaccurate transliteration has played in worsening women’s access to justice. Justice Isa said, “The Hudood Ordinance had an extremely discriminatory and impossible evidentiary criteria, and the definition of rape in the Ordinance was a further mockery of justice. I apologize to all of the women who faced humiliation due to this Ordinance for years, and were unable to access justice because Islamic teachings had been cruelly manipulated to enforce unjustness upon the victims of rape.” Justice Isa further implored upon the judiciary to study Islamic history, and to arm themselves with concrete knowledge of Islamic governance and legal system in the nationwide fight against sexual violence.
Thanking the judiciary for attending the conference, Chief Legal Advisor at LAS, Justice Khilji Arif Hussain said, “The honorable judiciary’s attendance today, and their shining motivation to continue the journey towards a more empathetic and legally empowered Pakistan, is proof that soon marginalized communities and current generations will see the dawn of a more equitable Pakistan.”
Mr. Hayat Ali Shah, Director General FJA, also appreciated the ongoing efforts of the judiciary and development policy practitioners in working towards improving response to sexual violence by noting that “the efforts of the judiciary are paramount in ensuring implementation of legislation made without consideration of the limitations that they face. We appreciate their dedication and commitment.”
This conference proved to be a step forward in acknowledging that in order to accelerate justice delivery for the disenfranchised, it is important to know the law and use the law. The conference successfully met its objective of consolidating and exchanging best practices of the judiciary across Pakistani in its response to sexual violence and initiated an in-depth analysis and critique of the recently passed Anti-Rape Act 2021.
