TABLE OF CONTENTS
1- Introduction to the topic
· Question of research
2- Literature review
· Keywords in hypothesis
4- Limits of Research
· Time Span
5- Purpose of research
6- Use Of Research
LACK OF LAW EXECUTION LEADING TO RAPES IN PAKISTAN
The only thing this country has in abundance is young people, according to general statistics, almost 63% of total population of Pakistan comprises of youth under the age of 25. For parents, the most important job is to raise a child by inculcating in him all the morals, values, and ethics that a good man must possess. Simultaneously, it’s an imperative responsibility of a state as well to provide its citizen with all the necessary ingredients it takes to make them a viable part of the society. If we look around, living in this State of Pakistan, and try to evaluate that how far the youth to a greater extent has been successful in contributing for the betterment of this society, what we find is nothing but a bunch of disappointments in most of the cases. Pakistan has become a home to disengaged public. Rather than being a part of positive and productive activities they have involved themselves in several unethical, Immoral and illicit activities such as, TERRORISM, KIDNAPPING, WOMEN AND CHILDREN MOLESTING AND TRAFICKING, and the most important and the centre of the research here is RAPE. These are just a few that have been counted, the list, however, is endless. Rape is the most ignominious face of Pakistan that people usually feel reluctant to talk about, yet is one of the most crucial point that needs to be addressed and to be keenly observed. The government of Pakistan has been giving a keen eye on this issue lately after realizing its rampancy. The laws have been amended and several bills have been passed. But the question here arises that, DESPITE THE LAWS, WHY ACTIVITIES LIKE RAPES AND SEXUAL ASSAULTS COULD NOT BE STOPPED?
There is a collection of literature on human trafficking and sexual abuse in Pakistan, an array of cases, leading to various stories and behind those various stories there are several reasons, each varying from other but what remains constant is the outcome and the possibility of consequence. Some studies have focused on various aspects indirectly related to internal trafficking in Pakistan such as bonded labor and the culturally sanctioned practices of Watta Satta, Vani, Swara and payment of bride price, Honor rapes etc and unfortunately, in most of the cases the people involved in those activities are young people under 35 years of age. None of the articles I referred provided with me a satisfactory answer to the question I arose. The laws are mentioned everywhere as well as the punitive actions against them has been on the paper but their implementation is not sure.
Some of the laws for such crimes are given below.
There are many sections of the Pakistan Penal Code (PPC) which explicitly prohibit actions that often accompany internal trafficking. Some of these sections deal with procuring a minor girl (Section 366), importing a girl under twenty-one from a foreign country (section 366), and selling a girl for prostitution (section 371). The PPC also covers cases of kidnapping, abducting or inducing women to compel for marriage, etc. (section 365). Some of the laws examined in this section are as follows:
a. The Protection of Women (Criminal Laws Amendment) Act, 2006 seeks to amend some of the provisions in the Hudood Ordinances. For instance, it removes the crime of rape from the Hudood Ordinances and inserts it in the PPC. Prior to this, rape victims were required to produce four male witnesses to the crime. Victims who were unable to meet this rigid evidentiary requirement automatically incriminated themselves for charges of fornication. The Protection of Women Act prohibits charging women with fornication for offences where they cannot prove their “absence of consent.”
b. The Prevention of Anti-Women Practices (Criminal Laws Amendment) Act, anti-women customary practices. It is considered by some as a weak piece of legislation since it reduces the current punishment for some offences, for instance, the three to ten years rigorous imprisonment for marrying off girls and women to settle disputes has been lowered to up to three years imprisonment in the proposed bill.
c. Child marriages remain a problematic area to legislate in Pakistan. The main reason for this pertains to the age of maturity which under Islamic law is puberty, while in other legislation it varies from the age of 16 to 18. The Child Restraint Act of 1929 penalizes those involved in different aspects of child marriages, including parents and husband etc. However, it fails to declare the marriages null, thereby allowing them to continue with a minimal, out-dated punishment. http://pdf.usaid.gov/pdf_docs/pnaec210.pdf
d. According to the torture, Custodial Death and Custodial Rape Act , 2014, any public servant or office holder in the official capacity fails to prevent the commission of the offence of custodial rape shall be punished with imprisonment for a term, not less than 7 years which may extend to 10 years and indemnity of 1.5 Million Rs/-. http://www.na.gov.pk/uploads/documents/1415360249_881.pdf
e. According to Pakistan Penal Code-375. The charges are to be posed when a man commits rape; that is sexual intercourse, with a woman under circumstances falling under any of the five following descriptions:
1. against her will
2. without her consent
3. with her consent, when the consent has been obtained by putting her in fear of death or of hurt,
4. with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or
5. With or without her consent when she is under sixteen years of age. https://pakistanilaws.wordpress.com/2012/04/23/sexual-violance-against-women-laws-and-practice-in-pakistan-2/
f. As far as pedophilia is concerned, last year senate passed a law to criminalize the child sexual abuse for the first time since it was not mentioned in the earlier laws. After the amendments in Penal code, it had been decided that there will be a raise in the age of criminal responsibility from seven to ten years of age. Under this revised edition, sexual assault will be considered punishable along with rapes. And child pornography, which was previously not mentioned in the law, will be punishable by seven years in prison and a fine of Rs0.7 million. http://www.loc.gov/law/foreign-news/article/pakistan-senate-passes-bill-to-criminalize-child-sexual-abuse-and-child-pornography/
g. The Anti-Rape bill passed by the parliament last year suggests the following punitive actions under the Punishment for rape ? Section 376 of the bill that requires a three year sentence and/or fine for a public servant who fails to “properly and diligently” carry out an investigation. Police officers and public servants who take advantage of their position to rape women in their custody will be given a mandatory life imprisonment or the death penalty (DP).
Under current law, sentences for rape are the death penalty or a sentence of between ten and twenty-five years; for gang rape these are death penalty or life imprisonment. https://www.dawn.com/news/1167324
The literature gives us a huge array of laws and punishments, but what needs to be sorted out is that, if these laws are actually being executed as they are written or not, and what possibly are the reasons if they are not being implemented.
‘LACK OF IMPLEMENTATION OF LAWS’ is the main reason that our country is occupied with such social sins.
KEYWORDS IN HYPOTHESIS:
· SOCIAL SINS: Rape in specific.
LIMIT OF RESEARCH:
· GEOGRAPHY: The research is limited to Pakistan. That how the people of Pakistan are rampantly taking part in activities like rapes and sexual assaults, and the role of law execution in the state regarding such issues.
· TIME PERIOD: 1979-2017
· THEMATIC: How lack of execution of law leads to rapes and sexual assaults.
PURPOSE OF RESEARCH:
It is a BASIC and EXPLAINATORY research that aims to explain that despite the presence of various laws regarding rapes and sexual assaults, why these activities could not be controlled. What gives people leverage to get away despite committing such crimes.
USE OF RESEARCH:
This research would enable us to get down to the answer the question that despite the laws why do we still face such unethical and immoral curse in our society and also would put some light on the implementation of the laws on the ground. The laws are there on the paper, but how far are they being followed and also how far is their lack of implementation giving the people of this country leverage to get involved in these sort of unethical activities and later get away with them.