Beyond Numbers: Gender Violence in Pakistan

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About the Author(s)

Abstract.

This Article examines the persistent issue of gender based violence in Pakistan. It contains statistical data of crime rates, case pendency, acquittal rates; the comprehensive study highlights the systemic challenges faced by women in acquiring justice. The disparate impact of violence of women coupled with low conviction rates underscores the needs for studied reforms. The article concludes by highlighting the significance of addressing societal attitudes, strengthening legal frameworks and investing in educational outreach sessions targeting the gender stigma.

Beyond Numbers: Gender Violence in Pakistan

• Introduction:

The challenges faced by women in Pakistan in the realm of gender based violence are starkly evident in statistics of increased violence against women that have been reported. They show a brutal reality that is far from ideal, despite the strong reception of condemnation for these acts on different platform of the nation. Pakistan ranked as first amongst the 75 countries as it had the biggest bias against women in courts, as reported by the UN development program in 2020. In regards to gender disparity it was rated second worst out of the 146 countries of the world economic forum report published in July 2022. The last on the list was Afghanistan. The reality of the female gender is that it is still in great peril with increased violence, the crimes that the statistics show, are largely going unpunished even when they are reported. The rate of conviction to acquittal is absolutely alarming and paints a dismal picture of the reality. There is an adage that is famous amongst the legal fraternity for all the wrong reasons which is, “the accused is the favorite child of the law”.

What was meant to show a slight inclination of the law to give greater protection to the accused so that none may be accused and convicted without the due process of law, has now become a literal and gross interpretation to give all and any favor above and beyond the call of duty to the perpetrator. It has tragically become the actual reality faced by the victims that is mirrored in the conviction rates that give an air of emboldened impunity to the perpetrators. The vicious cycle in this patriarchal society thus starts whose centric runs tighten the cuffs on the victims.

 The article will be divided between three categories of statistic that shows the co relations between the plight of women on Pakistan and the crimes between.

• Gender based violence cases, their increase in institution an pendency.

A total of 480 courts were established for adjudicating in GBV cases through the year of 2023 by 31^st of the December of 2023. As a stand-alone fact this seems a pretty impressive feat but it has it is a multi-faceted problem that can’t be solved with only increasing the office capacity of the infrastructure .An opinion that is supported by the back log of cases that existed by the end of the same year.

The back log was off 39,655 cases. The total case pendency had increased by 81 %.

In Sindh alone there were 27 courts for GBV that were established, during the last year 1,515 cases were instituted and 1,473 cases decided and a back log of 1,495 cases existed. Percentage wise, an increase of 3% of the case pendency was reported while Islamabad had 1 % increase. All in all the numbers don’t seem that bad and it is heartening that the increase might show that victims are being empowered to speak , slow the pace may be  and maybe the fear of retributive violence and stigma has reduced. However the fate of those instituted cases is another matter. The rate of acquittal in the next section shall show the other angle of this frame.

I will portray a further break down of the cases and the types that are reported. The types of violence and what it shows about the society. Out of the total 81% increase, the category of sexual violence has the highest number of pendency of 32,139. This means 101% increase in pendency. This might depict a positive shift in the taboo surrounding the subject because to even broach the subject was to face public ostracization before. However at the same time one is left to wonder whether the increase in the institution of the cases shows that whether women are more willing to confront their perpetrators or has there been an increase in violence against women. That leaves us with a huge question mark on the progress of the nation as whole.

Abduction, kidnapping and selling shows a 95% increase and gender based killing stands at 26% while gender based hurt shows 28%.Offences that relate to marriage shows a substantial increase of 4450 % in pendency , totaling 182 cases. This last statistic is especially eye opening as we have witnessed many gruesome cases widely publicized in the media domain just in the last few years against women in the contract of marriage, a contract that promises safety. The violation of such a trust of security is especially inexcusable.

Gender based in person intimidation has decreased has by -33% while the gender based electronic crimes has increased by a 23 %. This means 548 cases pending.  This can be interpreted as to mean that that the mode for the crime has changed, while in person intimidation may have decreased, the same acts are done behind the protection of a device’s screen.

• Conviction and acquittal.

 The interpretation of these statistics is open to debate. Is the increase in the pendency a sign of women speaking up for their crimes or does it show that violence on an overall manner has increased despite many attempts to educate the masses and impetuses provided to the country to progress. However if the former is true then it seems than the brave attempt of the ladies of the country will be in the vain if the rate of acquittal remains the same.

Overall in the GBV cases, the acquittal rate in the country is 64% and conviction is 5 %.  The section under which the acquittal is most allowed is 249-A and 265-k of Cr.P.C. Sindh’s acquittal cases is 75% and convictions are 6%. Punjab’s conviction is 4% and acquittal is 64%.

Even considering the reiterated argument of the masses influenced by the patriarchal and misogynistic views, that many cases amongst them are false fabricated ones. Even then the rate of convictions tells a story on its own. It shows a damaging view of the courts and their inability to grant relief to the females who place their trust in them. The causes of this may be many, to place the burden alone on the legal fraternity fully may be wrong, and the cause might be the lack of the machinery involving gathering the evidence for the crime. Maybe there is a lack of an honest approach.

Studies need to be done that delves deeper into the problems that act as a hindrance to the realization of justice. Another point to note is that a detail research into the two sections namely, 249-A and 265-k of the Cr.P.C needs to be contacted, how exactly are these sections used to acquit the accused, are they acting as a loophole that provides an escape route or maybe the grounds upon which the acquittals are granted need to be revisited. A special provision or acts can be considered as one the options that might act to protect the cause and vision of the fight against GBV.

• The total case pendency and the women in law.

The net pendency of the cases in Pakistan on the last day of the year 2023 was 2.26 million. If we divide the courts into two tiers then the superior courts had total cases of 0.39 million which amounts to 18 %. The second tier that consists of district courts has a total of 1.86 million .Which amounts to a total of 82 % cases adjudication. Now if consider the same with the increase in the pendency of the case and their institution then the same will stand as  , 3.9 % increase in the total pendency of the cases in all the tiers , the further division of which is that out of 3.9 million 2.38 were instituted and 3.30 million were decided. These statistics are for the second half of the 2023.

Further classification is 1.5 % increase in the pendency of suits in the supreme courts. A telltale decrease 17% in federal sharia court and a 3 % increase in the high courts. In the same vein if we divide the cases on the basis of their jurisdiction then of the total pendency of the cases 19% are criminal and 81 % cases are civil in the high courts.

Out of which 7.1 % increased rate of cases reported are of criminal nature and 2.2 % are of civil nature in high courts and in the district courts, 8% increase in criminal cases and 1.8 % increase in civil cases.

This was the overall case pendency now we will discuss the make-up of the judicial structure and the law officers based on their gender based division.

There are a total of 3142 judges and judicial officers out of which the 2570 are male and the remaining 572 females make up about 18% of the total working judges and judicial officials .In the upper tier that consists of Supreme Court, high court and Sharia courts the total judges are 126. 119 of which are male and 7 are female which amounts to a total of 5.5 % of the net constituency. In the lower tier of the district courts ,there are a total of 3016 judges and 2451 are male and 565 are female , a total of 19 %.

 Now onto the lawyers there are a total of 230,879 lawyers enrolled in in the provincial bars of the country, out of which 198,100 are male and 40,000 are females, 17% of the total work force.

The prosecutors are even in a greater disparity, 2210 are the total workforce.1869 are male and 341 are female, that makes 150 %.

•  Deeper analysis of the statistics and their co-relation.

Just stating the numbers is not enough, because they tell a story of their own that needs to be deeply understood .Is the increase in the institution of the criminal cases a sign of the Deterioration of the society’s morals, or is there is an awakening happening in the masses. Is the laymen even in the decimals that we measure them by more aware of their rights and is willing to come knocking on the doors of the courts to ask assistance. Or has the society at large plunged deeper in the darkness, taking regressive steps towards evil.

If the former is to be believed and we admit to ourselves that the increase in these ratios is due to the fact that the women of the country are more increasingly aware of their rights, then this optimistic approach would also soon have its bubble burst. No law of the state holds power in reality if there is no enforcement, implementation and realization of the said law .Otherwise it is an abstract theory amongst the many for a perceived utopia .Much the same is happening in our country, for though we see that the country has an increased level of GBV cases, the outcome of most cases is acquittal of the accused. This is a dangerous threat to the stability of the country, if by whatever means, or the lack of proper mechanism the courts are unable to find the proper balance between system and justice then the scales of lady justice seem terribly crooked.

A deeper study can be based on the various factors as the apex court has pointed out in its report. Are the sections that are being applied for the acquittals namely 249-A and 265-K being overused or misinterpreted, is there a need for a special provisions required that can provide a counter balance to them. Should there be separate agencies tailored to meet the needs of such issues and special teams that are tasked with the investigations solely responsible for crimes that come under the degree of GBV. One thing is certain, that representation of the affected group in the system always matters and in that regard too, we come short of order.

The above discussed ratio of female to male in the legal sector is a humbling figure. If there is better representation then there will be better management ,as a more empathetic approach can be adopted that will outline the real time issues and plight of the daughters of the nation.  The population is roughly divided between the two sexes; to deprive the women from the administrative spheres is to deny half the population their voice. No democracy in the world, not even one as broken as ours can claim to function if half of its people are voiceless.

• Victim blaming.

There is a penchant of our society for victim blaming. The observers on the sidelines are quick to find the fault with the victim and their conduct, placing the cause on their feet. Thus the criminal is absolved of the origin and a neatly presented motive is handed to them of clear provocation. Ergo it becomes a story of a cause and effect rather than the workings of a sick and twisted mind. The case of the woman travelling on the motorway along with her two children at night, who was subjected to rape, comes to mind. In the mentioned case many high ranking persons of authority were quick to place the blame on the feet of the victim for travelling late at night and that too alone.

• Male role model in establishing gender equity.

  To take a page out of UNHCR created model in Bangladesh, the implementation of a MRM based approach in combating GBV can be more productive, because the way thing stand as of now, women awareness has not yielded much results as the society is largely dominated by the male sex and they are unequivocally more in the seats of power that are directly involved with creating policies and administration. The reformative awareness and educational sessions should target in creating male role models. The men of the society should be engaged in debates and training that focus on the consequences of the social issues stemming from , toxic masculinity, archaic concepts of honor , marital dominance ,abuse of rights, and the greed of dowry. The outreach sessions should focus on establishing healthy familial and work place relations ships with the opposite sex. The ideology on which to base the dialogue can be generously embellished with Islamic values as they appeal best to our sensibilities.

• Educational sector.

The educational sector of our nation is in shambles as many intellects have pointed out the lack of funds and proper attention given to this area .An area that is arguably the back bone of a country, it is what makes or breaks a nation. No ideology can sustain itself for long if it does not have the support of the masses. And as the situation yet stands in Pakistan, the masses are barely equipped mentally to counter such complicated issues as rise in the GBV because they lack even the basic literacy. It can be said that the situation will never better itself if the education of the nation is not taken seriously.

Although in the current budget of the 2024, the GDP of the educational sector has increased from 1.5 to 1.91Pc. It is still not enough, Norway has the expenditure of 6.6 percent of the total GDP on educational sector and their overall development speaks volume of the effects of this focus on education. The UK and the USA both spend 6.0 percent of their total G.D.P on education. To look closer to home, our neighbor India spends 6.6 percent of its GDP on education. In comparison the situation in Pakistan in regards to education is very disheartening. A More vigorous and thought-out reform is required to plan ahead. There are an estimated 7,000 ghost schools in Pakistan and many ghost teachers on the payroll of the government, with over 22.4 million children out of school in the country.  The situation is dire and I can think of no greater crime then the compromise of the education of the nation, because to do so would be to steal its future .Our children are being robbed of their precious tomorrow.

Conclusion:

From Statistics to Stories: Understanding Gender-Based Violence in Pakistan

Pakistan is a resilient country that has layers like an onion, each time one believes that one has cracked the code of the grinding gears of the country, a new cog is discovered that seems essential to the working of the system no matter how unseemly it may look. As I wrote the article I was faced with another sickening incident of a women called Sobia Batool from Noshera feroze who had both her legs hacked off because she had dared exercised a right given to her by God and his agents on earth i.e. Khula .A right that the court deems enforceable over the simple ground of the wife no longer liking the husband.  The police, trained to work around for its survival under the feudal system and the fragility of the Pakistani man’s “Izzat” played the role of a bystander, while a woman is scarred mentally and physically disabled for life. Who will dare come forward now to speak against the abuse they suffer. That area has suffered another regressive step that will play a vital role in underreporting unless Sobia Batool’s criminals are made to taste vengeance. All these number hitherto mentioned are many such stories , reducing them to a mere figure seems a cruel task , but if that is what it takes to study these heinous factors so be it. This antique patriarchy reminiscent of the dark ages must end.

References :

For more detailed information on the data collected in GBV cases, the Pakistan law and commission report links are given below.

http://www.ljcp.gov.pk/reports/gbv.pdf

http://www.ljcp.gov.pk/reports/women.pdf

http://www.ljcp.gov.pk/reports/bar.pdf