NA body demurs recent SC interpretation of rape conviction

Dec 24, 2025 | Crime & Law

ISLAMABAD: The National Assembly’s Special Committee on Gender Mainstreaming on Tuesday expressed serious concern over what it described as a weak and inconsistent state response to violence against women, particularly in digital spaces, and cautioned that recent judicial interpretations could undermine legal protections for survivors of sexual violence.

The concerns were raised during a meeting of the committee at Parliament House, chaired by MNA Dr Nafisa Shah. Members discussed both emerging forms of gender-based violence online and the broader legal and institutional framework meant to protect women.

Addressing the committee, Dr Shah described digital violence as an “emerging and dangerous dimension of gender-based violence”, stressing the need for a comprehensive assessment of its scale, gaps in existing laws and policies, and weaknesses in enforcement and victim support mechanisms.

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The committee took strong exception to recent judicial interpretations in which rape convictions were converted into convictions for fornication on the basis of presumed consent, without separate charges or complaints. Members observed that such interpretations risked diluting constitutional guarantees and statutory safeguards established through the Criminal Law (Amendment) Act, 2006, which removed discriminatory and ambiguous provisions from earlier laws.

Committee members warned that these rulings could expose complainants to stigma and potential criminal liability, thereby discouraging survivors from reporting sexual violence. The committee called on the government to ensure an appropriate judicial review so that the Constitution and the legislative intent of parliament were upheld.

The meeting also marked the first parliamentary hearing on “Digital Violence against Women in Pakistan: Safeguarding Rights in the Digital Age”. During the session, officials from key institutions briefed lawmakers on current challenges.

The Director General of the National Cybercrime Investigation Agency (NCCIA) highlighted significant capacity constraints, informing the committee that in 2025 the agency received 22,500 complaints, registered 620 cases and secured only 26 convictions. He said that, on average, a single officer was handling around 565 complaints, citing shortages of trained personnel, female investigators, prosecutors and financial resources.

Members expressed dissatisfaction with the agency’s performance, noting that even complaints submitted by parliamentarians had not been adequately addressed, and called for urgent institutional strengthening and accountability.

Pakistan Telecommunication Authority chairman retired Maj Gen Hafeez ur Rehman told the committee that more than 1.5 million URLs had been blocked this year, including thousands related to defamation, impersonation and immoral content, along with 5,000 unauthorised SIMs. Lawmakers emphasised the need for stronger coordination with international digital platforms and clearer accountability mechanisms.

Representatives from UNDP, UNFPA and UN Women advocated a coordinated, multi-agency approach to address digital violence. Civil society expert Usama Khilji pointed to vague provisions in the Prevention of Electronic Crimes Act, warning of their potential misuse against journalists and activists. Women journalists attending the meeting shared concerns over cyber harassment and threats to press freedom.

Officials from the Ministry of Human Rights acknowledged policy gaps and referred to the National Gender Policy Framework 2022 as a guiding document for tackling digital violence.

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