Off the streets and on the list… By Ayesha Raza Farooq
In a crucial milestone for the nation, Pakistan is preparing to launch its first-ever National Sex Offenders Register this November, signalling a firm commitment to combat sexual violence.
Women and children remain at constant risk of violence, not only in Pakistan but worldwide. The statistics speak volumes: according to the UN, 6.0 per cent of women globally are victims of sexual violence by someone other than their partner. This figure is almost certainly underestimated, given the stigma and silence that surrounds such crimes.
In Pakistan, the problem is disturbingly pervasive. The Pakistan Demographic and Health Survey 2017-2018, the last survey to estimate the scale of sexual violence in Pakistan, found that 28 per cent of women in Pakistan have experienced physical violence and 6.0 per cent have experienced sexual violence over their lifetimes. The same survey found that 3.6 per cent of Pakistani women between 15-49 years of age experience sexual violence every year. That’s approximately 2.5 million women every year. The number is truly staggering.
Unfortunately, only a handful of the 2.5 million cases of sexual violence that occur are actually reported in Pakistan. In fact, only 7010 rape cases were reported in 2023. Tragic cases such as the motorway gang rape in 2020 – where a mother was assaulted in front of her children – shocked the nation’s conscience but were not isolated.
There is a long history of such cases though, including the rape and murder of several young girls in Kasur in 2018, and the detection of a massive child abuse and pornography ring in the same district in 2015. The list is long and sobering. It reveals the scope of abuse and the deep-rooted challenges in bringing perpetrators to justice. Each time such horrors come to light, the government responds with new legislation. The Anti-Rape (Investigation and Trial) Act, 2021, enacted after the motorway case, is the most comprehensive attempt yet to address sexual violence.
The Anti-Rape Act adopts a whole-of-government approach, ensuring collaboration between federal, provincial, and civil society organisations. It outlines clear procedures for investigation, medical treatment, trials, and sex offender management, offering hope for systemic change. While a number of these measures were provided for under various previous laws, the new Act consolidates the state’s response to sexual violence and ensures that we remain focused on protecting survivors, punishing perpetrators, preventing revictimisation, and safeguarding the vulnerable.
The Act also led to the formation of a Special Committee at the federal level that includes representatives from relevant federal and provincial agencies, civil society organisations and the media, to maintain oversight of the implementation of the Act. Consistent efforts by the Special Committee have led to the development of a comprehensive policy framework for establishing Anti-Rape Crisis Cells in each district across the country, effective investigation by specialised investigators, faster trials that protect survivors from revictimisation, and the establishment of Pakistan’s National Sex Offenders Register.
The Special Committee and the Ministry of Law and Justice regularly conduct stock takes to evaluate compliance and with the cooperation of provincial agencies, the most recent data indicates that the majority of districts across Sindh, Punjab and Khyber Pakhtunkhwa have operational Anti-Rape Crisis Cells that can provide survivors of sexual violence with medical and legal assistance.
Most cases of sexual violence are now investigated by dedicated Special Sexual Offenses Investigation Units, which include trained and sensitised officers and ensure the presence of female personnel. We have also seen some signs of improvement in how trials are conducted by Special Courts designated to separately conduct trials in sexual violence cases.
Progress so far has required collaboration between frontline district health, police, prosecution and judicial officers, their provincial leadership and federal agencies such as the National Police Bureau and NADRA, the Ministry of Law and Justice and finally the cross-institutional Special Committee. The governance of such a framework in Pakistan would have been cumbersome, except in the case of sexual violence, where the Act has prioritised responding to sexual violence and brought consistency in how government agencies must act in these cases.
Efforts by various agencies have led to significant improvements in the conviction rate for sexual violence cases in Sindh, although reporting of cases remains alarmingly low in the province, lagging far behind Punjab and Khyber Pakhtunkhwa. Initiatives by the Punjab Police to improve registration of complaints have led to an almost doubling of rape cases reported in the province, a healthy sign that there is growing trust in law enforcement agencies to respond to sexual violence.
In fact, in 2023, Punjab accounted for almost 95 per cent of all rape cases reported in the country. Despite the higher reporting, conviction rates in Punjab remain under 4.0 per cent, indicating the need to focus more on investigation and prosecution. While the structures and processes mandated by the Anti-Rape Act, 2021 are now largely in place and are starting to show results, a lot more remains to be done.
The Special Committee established under the Anti-Rape Act, 2021 will continue to develop and improve policies to better implement the Act and just as importantly, will collect and analyse data from all districts across the country to maintain oversight and ensure implementation of the Act. In the coming months and years, our focus will remain on ensuring that survivors of sexual violence receive immediate, specialised, and high-quality care through Anti-Rape Crisis Cells. We are committed to protecting them from revictimisation and stigmatisation as they navigate the legal system.
The National Sex Offenders Register is one of the most significant initiatives under the Act which will enable Pakistan to use the Sex Offenders Register as part of its toolkit to address sexual violence. The first iteration of the SOR will ensure basic functionality. It will allow for centralised data entry, retrieval for investigation and prosecution purposes only, data security and supervision of the process to ensure that reliable information is recorded in a timely manner.
The Sex Offenders Register will ensure that the data is updated periodically and is retrievable in case a previously convicted sex offender reoffends. The general public will not have access to the data on the Sex Offenders Register.
Furthermore, under the Anti-Rape (Sex Offenders Register) Rules, 2023, prosecution departments will collaborate with police and prison departments using a framework of notifications to track the whereabouts of convicted offenders after release from prison while maintaining the highest standards of privacy and data protection.
This register will therefore enable law-enforcement agencies to effectively monitor and manage convicted offenders, reducing the risk of reoffending and, demonstrating that Pakistan’s agencies are united in their commitment to safety. More than just a database, Pakistan’s first National Sex Offenders Register is a pledge to create safer communities for women and children.
While the legal framework marks a significant step forward, combating sexual violence requires collective action across society. Raising awareness and educating communities about sexual violence, its impacts, and available legal resources is essential in reducing stigma and empowering survivors to seek justice. Encouraging a culture where survivors feel safe reporting incidents without fear of blame or retaliation can help drive meaningful change.
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