SHC seeks comments on plea for implementation of anti-rape law

The Sindh High Court (SHC) has directed federal and provincial law officers to file comments on a petition seeking the implementation of the Anti-Rape Trial and Investigation Act 2021.

Petitioner M Tariq Mansoor submitted that due to lack of implementation of the law, rape incidents were increasing and accused were being acquitted because of defective investigations.

During the 2013-2020 period, he said, a total of 2,995 rape incidents involving women and children were reported. In 2019, the number of reported cases was 407, which increased to 455 in 2020.

The petitioner said that 2,000 rape related cases have been registered in the recent years. He said anti-rape crisis cells were to be established under the anti-rape law in each and every district of the province.

He remarked that dedicated prosecutors and lack of framing of rules were also a cause of concern, besides several provisions of the law having not been implemented yet by the federal and provincial governments.

He said the Anti-Rape Trial and Investigation Act 2021 had provided for the establishment of anti-rape crisis cells at every public hospital of the district, legal assistance for the victims, speedy trial proceedings and a witness protection programme, which were yet to be implemented by the provincial government.

He said that although there was a growing number of rape and violence incidents against women in the province, no action had been taken to enforce the law.

The high court was requested to direct the federal and provincial governments to establish anti-rape crisis cells, ensure legal assistance for rape victims through dedicated investigation and prosecution teams and in-camera trials to protect the identity of rape victims. The SHC took exception to the non-filing of comments by the relevant authorities and directed the ministry of law, provincial law officer and others to file their comments on the next date of the hearing.

Missing persons cases

The SHC directed the police and heads of joint investigations teams to expedite efforts for the recovery of missing persons, including a missing baby.

The court directed the ministries of defence and interior to submit progress reports with regard to the whereabouts of missing persons, who were declared in the category of enforced disappearance.

Hearing petitions of missing persons, the court observed that cases of missing persons had been pending for the last couple of years, but no efforts were being made to trace their whereabouts. The court directed the investigation officers to use modern devises and technology to ascertain the whereabouts of missing persons.

The court directed the heads of joint investigation teams and provincial task force to repeat their sessions for updating the status of the missing persons’ locations.