Legislative Framework of Child Sexual Abuse
Constitution of Pakistan, 1973
The Constitution of the Islamic Republic of Pakistan, 1973 highlights the sense of equality amongst all citizens irrespective of their age, gender, ethnicity etc, declaring each citizen entitled to equal protection under law under Section 25. While the Constitution itself does not explicitly mention child sexual abuse, it guarantees fundamental rights to all citizens, including children. These rights encompass the right to life, dignity, and protection from harm, which can be interpreted to include protection from all forms of abuse, including sexual abuse. Additionally, Article 35 of the Constitution states that the state shall protect the marriage, the family, the mother, and the child, which implies a responsibility to safeguard children from harm and exploitation.
Pakistan Penal Code, 1860
The Pakistan Penal Code (PPC) of 1860 encompasses various provisions relevant to crimes related to child sexual abuse and exploitation. Some key sections include:
Section 292-A
Deals with exposing children to seductive material or attempting to coerce them into sexual conduct. Penalties include imprisonment up to seven years or fines.
Section 354
Addresses assault or criminal force against women to outrage their modesty, punishable by imprisonment or fines.
Section 354-A
Covers assault on women involving stripping them of their clothes, punishable by death or life imprisonment with a fine.
Section 365-B
Pertains to kidnapping women for forced marriage or subsequent illicit intercourse, punishable by life imprisonment and fines.
Section 366-A
Concerns the procurement of minor girls for illicit intercourse, punishable by up to ten years’ imprisonment or fines.
Section 366-B
Deals with importing girls from foreign countries for illicit intercourse, punishable by up to ten years’ imprisonment or fines.
Section 367-A
Addresses kidnapping with the intent of subjecting individuals to unnatural lust, punishable by death or lengthy imprisonment with fines.
Section 371-A
Pertains to selling individuals for purposes like prostitution, with penalties of lengthy imprisonment and fines.
Section 371-B
Covers the buying of individuals for immoral purposes like prostitution, with similar penalties as Section 371-A.
Section 375
Pertains to rape, specifying various circumstances under which it can occur.
Section 375-A
Addresses gang rape, punishable by death or life imprisonment with fines.
Section 376
Prescribes punishment for rape, which may include death penalty, life imprisonment, or lengthy imprisonment with fines.
Section 377
Deals with unnatural offences, with penalties including imprisonment and fines.
Section 377-A
Pertains to sexual abuse of individuals under 18 years, with imprisonment as punishment.
Section 377-B
Prescribes punishment for sexual abuse, with imprisonment and fines.
Section 496-A
Deals with enticing or detaining women with criminal intent, punishable by imprisonment and fines.
Section 509
Addresses acts intended to insult the modesty of women or sexual harassment, with penalties of imprisonment or fines.
The Protection against Harassment of Women at the Workplace, 2010
The Protection against Harassment of Women at the Workplace, 2010 aims to safeguard the fundamental rights of women in the workplace and to prevent various forms of harassment, including sexual harassment. The Act defines both “employee” and “employer” broadly, encompassing various types of work arrangements and individuals responsible for the management and direction of workplaces. This broad definition ensures that protection extends to individuals in different employment contexts, including students, interns, and apprentices. Similarly, the Act also defines the workplace expansively, encompassing not only traditional office spaces but also places where services are rendered or performed, such as educational institutions, home-based work, concerts, and sporting facilities. While the Act primarily focuses on protecting women in the workplace from harassment, its broad definitions and provisions are relevant to cases of child sexual abuse occurring in work or educational settings.
The Prevention of Electronic Crimes Act (PECA), 2016
The Prevention of Electronic Crimes Act (PECA), 2016 aims to combat various forms of cybercrime, including those related to child sexual abuse, and establish mechanisms for investigation, trial, and international cooperation in addressing electronic crimes. Key provisions related to child sexual abuse are:
Section 21
Deals with the modesty of minors and natural persons online, prescribing imprisonment up to seven years and a fine up to five million rupees for involvement in online child abuse.
Section 22
Addresses child pornography, imposing imprisonment from fourteen to twenty years and a fine not less than one million rupees for producing, offering, distributing, or possessing material depicting minors engaged in sexually explicit conduct.
Section 22A
Pertains to online grooming, solicitation, and cyber enticement, with penalties including imprisonment from five to ten years and fines from five hundred thousand to ten million rupees.
Section 22B
Covers commercial sexual exploitation of children online, with penalties of imprisonment for a minimum of fourteen years up to twenty years and a fine not less than one million rupees.
Section 22C
Addresses the use of information systems for kidnapping, abduction, or trafficking of minors, prescribing imprisonment for a minimum of fourteen years up to twenty years and a fine not less than one million rupees.
Section 24
Deals with cyberstalking, imposing imprisonment up to three years, a fine up to one million rupees, or both. For offences against minors, the punishment may extend to five years, a fine up to ten million rupees, or both.
Section 30
Outlines the authority and process for investigating offences under the Act, with provisions for joint investigation teams and expedited trial procedures.
Section 30B
Provides protection to victims and witnesses involved in cases covered by the Act to ensure their safety and well-being.
Section 30C
Specifies that trials for offences against minors be conducted privately (in-camera), with protective measures for victims and witnesses, and prohibits the publication or broadcasting of proceedings without the court’s permission.
Section 30D
Relates to investigations referred to the Pakistan Telecommunication Authority (PTA) related to child sexual abuse content, with the Federal Investigation Agency (FIA) responsible for obtaining information for blocking and removal.
Section 34
Provides for general measures of international cooperation in combating electronic crimes.
Section 43
Specifies that certain offences under the Act, including those related to child sexual abuse, are non-bailable, non-compoundable, and cognizable by the investigation agency, meaning arrests can be made without a warrant and bail is not granted by default.
National Commission on the Rights of Child Act, 2017
The National Commission on the Rights of Child Act, 2017, establishes the National Commission on the Rights of Child (NCRC), as an autonomous body mandated to promote and protect the rights of children in Pakistan. Section 15 empowers the Commission to investigate cases of child rights violations and abuses, examine policies and laws, investigate violations of children’s rights, conduct research and raise awareness about children’s rights.
The Prevention of Human Trafficking Act, 2018
The Prevention of Human Trafficking Act, 2018, is a comprehensive piece of legislation aimed at addressing the scourge of human trafficking in Pakistan. The Act defines human trafficking and sets forth various offenses related to trafficking, including recruiting, transporting, harboring, or receiving persons by means of force, fraud, or coercion for the purpose of exploitation. This includes sexual exploitation, among other forms of exploitation. The Act includes provisions specifically aimed at combating child sexual abuse within the framework of human trafficking. It recognizes the unique vulnerabilities of children and provides for enhanced protection measures, including specialized support services for child victims, stringent penalties for offenders involved in the sexual exploitation of children, and measures to prevent the trafficking of children for sexual purposes.
The Anti-Rape (Investigation and Trial) Act, 2021
The Anti-Rape (Investigation and Trial) Act, 2021 aims to expedite the resolution of rape and sexual abuse cases. The Act aims to improve the investigation and trial processes for rape and sexual abuse cases, ensuring the protection and well-being of victims and witnesses while expediting justice. The Act applies to women and children under 18 years of age, covering offenses listed in Schedule of the Act, including specific sections of the Pakistan Penal Code (PPC) and the Prevention of Electronic Crimes Act, 2016. Key features of the Act are:
Establishment of Special Courts and Crisis Cells
The Federal Government is responsible for setting up Special Courts across the country. Local authorities are directed to establish Anti-rape crisis cells and ensure adequate medical facilities in public hospitals.
Functions of Anti-Rape Crisis Cells
These Anti-rape cells must act promptly upon receiving information about scheduled offenses, including conducting medical examinations, securing evidence, and registering FIRs. Police stations must inform the cells upon receiving such information.
Legal Aid and Justice Authority
The Legal Aid and Justice Authority is mandated to provide legal assistance to victims, with funds reserved for this purpose. A panel of advocates and volunteers will be formed for pro bono cases.
Prosecution
The Ministry of Law and Justice appoints a Prosecutor General and Special Prosecutors to handle cases falling under scheduled offenses.
Investigation Procedures
Offenses under Schedule I are investigated by female police officers of a specified grade. Schedule II offenses are investigated by a Special Joint Investigation Team (JIT) led by the District Police Officer (DPO) and including other specified officers.
Victim Well-being during Trial
An Independent Support Adviser is appointed by the Anti-Rape Crisis Cell to ensure the victim’s protection and well-being during the trial, with options including doctors, psychologists, social workers, or lawyers.
Protection of Victims and Witnesses
Trials must be conducted in-camera to protect the identities of victims and witnesses, and evidence de-humanizing to the victim is deemed inadmissible.
Victim and Witness Protection System
Guidelines are issued for a comprehensive protection system, including special security arrangements, witness and victim identity concealment, testimonies via modern devices, relocation, financial assistance, compensation, and safe houses.