KARACHI: Highlighting a serious gap in Pakistan’s legal framework, an additional district and sessions judge has urged lawmakers to introduce specific legislation criminalising the abetment of suicide arising from domestic cruelty, particularly to protect vulnerable women.
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Additional District and Sessions Judge Mirza Tauseef Ahmed, who also presides over the Gender-Based Violence Court (Central), made the remarks while delivering a verdict in a case involving the suicide of 32-year-old Saba Anjum in 2020. The judge observed that while the Constitution guarantees protection of life and dignity, the absence of a clear legal provision addressing abetment of suicide due to domestic abuse exposes a disconnect between constitutional promises, international commitments and domestic law.
The court acquitted Anjum’s husband, Faraz Ahmed Mughal, and his two brothers after ruling that their actions did not fall within the ambit of offences punishable under the Pakistan Penal Code (PPC). The judge clarified that suicide could not be prosecuted under Qatl-bis-Sabab as defined in the PPC, explaining that the offence applies to unlawful acts without intent to cause death, whereas suicide involves an intentional act by the deceased.
Despite the acquittal, the judge made strong observations, holding the husband morally responsible for failing to protect his wife from persistent cruelty by his family. He noted that repeated reports of women taking their own lives due to domestic violence underscored the urgent need for deterrent laws.
Drawing comparisons with Indian legislation, the judge referred to Sections 306 and 498-A of the Indian Penal Code, which criminalise abetment of suicide and cruelty by a husband or his relatives. He also pointed out that Sindh’s Domestic Violence Act provided only limited punishment and did not adequately address cases where domestic abuse culminates in suicide.
According to the prosecution, Anjum’s marriage lasted only seven months and was marked by physical and mental abuse, insults from in-laws and neglect by her husband, as detailed in her suicide note. While the defence contested these allegations, the court acknowledged the harsh societal pressures faced by women, particularly those entering second marriages.
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“The tragic reality is that many women endure relentless cruelty in silence, some escape, and others, finding no refuge or support, are driven to take their own lives,” the judge observed, calling for urgent legislative reform to prevent such tragedies in the future.