Anti Rape Act, 2021
The Anti-Rape (Investigation and Trial) Act, 2021 is a landmark reform aimed at ensuring the swift and transparent investigation and trial of rape and sexual abuse cases in Pakistan. It was enacted to strengthen justice for victims especially women and children through specialized courts, professional investigation units, and coordinated institutional support.
The Act applies throughout Pakistan and establishes Special Courts to exclusively try offences under this law. These include existing Gender-Based Violence Courts, Juvenile Courts, and Child Protection Courts, all vested with the powers of a Court of Sessions. Trials are to be completed as expeditiously as possible, preferably within four months, and the law restricts adjournments to prevent unnecessary delays.
To provide immediate assistance to victims, Anti-Rape Crisis Cells are set up nationwide under the supervision of Deputy Commissioners or Commissioners. These cells handle medico-legal examinations, forensic analysis, registration of FIRs, and coordination of victim support services. Alongside, each district must have a Special Sexual Offences Investigation Unit (SSOIU) responsible for conducting investigations with sensitivity and diligence. Officers who neglect or falsify investigations can face imprisonment of up to three years.
Victims are entitled to free legal aid under the Legal Aid and Justice Authority and are protected through a Victim and Witness Protection System. Disclosure of a victim’s identity is strictly prohibited, and all trials are held in-camera to preserve privacy. The Act also bans the outdated and intrusive two-finger virginity test, ensuring dignity in medico-legal procedures.
Upon conviction, the court may order compensation to victims in addition to other penalties, and appeals from Special Courts lie with the High Court. The Prime Minister is to establish a dedicated fund to support implementation, while a national sex offender registry is maintained by NADRA to record convictions under the Act.
The Anti-Rape Act, 2021 stands as a crucial step toward reforming Pakistan’s criminal justice system in cases of sexual violence. It promotes accountability, protects survivors, and seeks to restore faith in the justice process.
