For years, Pakistan’s response to sexual and gender-based violence (GBV) has faced a persistent challenge: translating progressive legislation into effective justice. Despite legal reforms, including the Anti-Rape (Investigation and Trial) Act, 2021, the conviction rate in rape cases has remained below 3%, according to figures cited in recent reporting.
Survivors continue to face significant obstacles in court, including victim-blaming attitudes, delays in investigations, weaknesses in forensic evidence handling, and procedures that can expose them to further trauma.
A new Bench Book on the Adjudication of Rape Cases, launched in Islamabad, seeks to address these challenges by providing judges with practical, legally grounded guidance for handling rape trials.
Developed jointly by the Ministry of Human Rights (MoHR), the Legal Aid Society (LAS), and the United Nations Population Fund (UNFPA), the manual is intended particularly for judges presiding over specialized Gender-Based Violence (GBV) courts.
Why the Bench Book Matters
The launch coincided with a national empirical study examining the reasons behind the low conviction rate in sexual violence cases. Its findings highlighted that the problem extends beyond gaps in legislation to weaknesses in investigation, evidence evaluation, and the treatment of survivors during judicial proceedings.
At the launch, Supreme Court Justice Ayesha Malik challenged prevailing attitudes that place responsibility on women for sexual violence. She also warned that the normalization of sexual violence in public discourse risks diminishing the seriousness with which such crimes are treated.
The Bench Book aims to promote judicial decisions based on evidence, established legal principles, and binding precedents rather than stereotypes or personal assumptions.
Four Key Areas Addressed by the Bench Book
The manual covers the different stages of rape adjudication through ten structured chapters. Four important areas stand out:
1. Protecting Survivors from Secondary Victimization
Court proceedings can become another source of trauma for survivors. The Bench Book provides guidance on regulating cross-examination and preventing indecent, intimidating, or irrelevant questioning.
It also addresses protective measures such as in-camera trials, screens, and remote audio-video testimony, particularly for vulnerable witnesses and children.
2. Understanding Delays in Reporting and Survivor Testimony
Delays in registering an FIR have often been cited as grounds for questioning the credibility of survivors.
The Bench Book highlights established Supreme Court precedents recognizing that fear, social stigma, family pressure, and threats of reprisal can prevent survivors from reporting sexual violence immediately.
It also reinforces an important legal principle: credible and trustworthy testimony from a survivor can, in appropriate circumstances, be sufficient to support a conviction without mandatory corroboration from other witnesses.
3. Strengthening Forensic Evidence and Ending Discredited Practices
The manual emphasizes proper forensic evidence collection, DNA profiling, and chain-of-custody procedures under the Anti-Rape (Investigation and Trial) Act, 2021.
It also reinforces the prohibition of invasive and scientifically discredited practices, including the controversial two-finger test, which has no legitimate role in determining whether sexual assault occurred.
4. Improving the Quality of Judicial Decisions
The Bench Book provides guidance on preparing clear, objective, and legally sound judgments.
Well-reasoned decisions are essential not only for ensuring accountability but also for protecting the constitutional rights of survivors and safeguarding the accused’s right to a fair trial.
The Road Ahead
The introduction of a judicial bench book cannot, by itself, resolve the broader institutional challenges surrounding rape investigations and prosecutions in Pakistan. Effective implementation will also require stronger police investigations, improved forensic capacity, trained prosecutors, and greater institutional accountability.
Nevertheless, providing judges with a consistent, evidence-based framework for adjudicating rape cases is an important step towards strengthening the justice system.
Ultimately, the effectiveness of this initiative will depend on how consistently its guidance is applied in courtrooms across Pakistan. The objective must be to ensure that survivors seeking justice are treated with dignity, their testimony is assessed fairly, and perpetrators are held accountable through lawful and impartial proceedings.
