ISLAMABAD: The Supreme Court’s decision to convert a rape conviction into an extramarital affair charge has drawn sharp criticism. The National Commission on the Status of Women (NCSW) condemned the ruling, while one judge dissented from the majority view.
The NCSW warned that prosecution evidence—including trial court and Lahore High Court (LHC) findings—was largely ignored, leading to the accused’s acquittal on rape charges. “This outcome raises serious questions about how sexual violence cases are handled and consent standards are applied,” it stated.
The commission stressed that consent cannot be presumed from silence, late reporting, or absence of resistance. “Courts must account for trauma, fear, and power imbalances common in such assaults,” it urged.
NCSW demanded rulings grounded in constitutional rights to equality and non-discrimination, plus Pakistan’s international human rights obligations. “Survivor-centered, gender-sensitive judicial reasoning is vital to prevent re-traumatization and deliver justice,” it added.
It also pushed for systemic reforms: more gender-based violence (GBV) courts, specialized judges, permanent benches, stakeholder training—especially for police as first responders—to ensure sensitive case handling from the start.
Majority Ruling
In a six-page judgment this month, the Supreme Court cut the convict’s sentence from 20 years to five, reclassifying rape as consensual extramarital relations.
Justices Malikzad Khan and Aqeel Ahmed Abbasi cited a one-month delay in filing and no injury marks on the victim. They overturned the rape conviction and life sentence under PPC Section 376, convicting instead under Section 496-B for fornication. This appeal by Hassan Khan challenged the LHC’s December 18, 2018, dismissal.
Dissenting View
Justice Salahuddin Panhwar opposed upholding the appeal. He noted rape and harassment cases often go unreported due to victims’ fears of backlash.
“Victims must defend their reputation to family right after reporting,” he wrote. “Here, the young, unmarried, orphaned victim—with only an elder brother—faced documented threats.”
Panhwar argued it’s natural for her to delay telling her brother. “Reporting lags shouldn’t undermine cases,” he said. On missing violence marks, he pointed to the armed accused: “No one resists a gunman.”
He concluded: “Survivors deserve compassion, not punishment for delays. Support validates their courage in exposing grave crimes.”
Former LHC judge Chaudhry Abdul Aziz called the majority “cautious,” converting rape to fornication for balance. He stressed judicial care in such sensitive matters.
