In a significant stride towards justice and gender equality, Pakistan witnessed a landmark conviction last week. Sentencing a man to three years imprisonment on charges of what is being rightly described as Sindh’s first conviction of marital rape, a session court spelt it to the rest of the country that just because we still need to build upon Section 375 of the Pakistan Penal Code in light of changing realities, our women cannot be forced to suffer in silence.
This groundbreaking verdict serves as a beacon of hope for victims who continue to bear the horrors just because the society around them is not ready to accept their existence. The ruling amplifies the importance of recognizing and criminalizing this heinous act, which has long been swept under the rug due to culture. Historically, Pakistani society has grappled with the prevalent misconception that marriage implies the surrender of a woman’s right to consent. This perspective allowed perpetrators to evade punishment and condoned the notion that sexual violence within marriage is a husband’s prerogative. Both the police and the courts try to refrain from interfering in matters due to the so-called respect of chadar and char deewari. Even this conviction finds its basis in charges related to sodomy under Section 377 of the PPC. That rape is rape, no matter who commits it and on whom, should be understood by all so that the next time these beasts lurking around us attempt to abuse those they are entrusted with, prison bars become a great deterrent.
The recent conviction is a watershed moment for Pakistan, as it signifies a fundamental shift in societal attitudes towards marital rape, dismantling myths and challenging deeply ingrained patriarchy. By recognizing the criminality of this brutal act, the court not only safeguarded the rights of the said victim, providing her with a much-needed closure but set a powerful precedent for others to follow suit.
This landmark judgment sends an unequivocal message to survivors, assuring them that their voices are being heard, and believed and that their pain is validated. It is a resounding declaration that no one should endure sexual violence, irrespective of their relationship status.
There is no room for complacency. It is imperative that this verdict is seen as a stepping stone towards comprehensive prosecution and prevention of marital rape, ensuring that all survivors can find solace, protection, and justice within the legal system.
In a country where as recently as 2018, authorities did not have the courage or determination to file or prosecute a single case of marital rape and not too long ago, crying rape only ended up harming the victim, Karachi has rightly reinforced the autonomy of females. *
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