Meanwhile, the retrial court’s decision is all the more perplexing given that the Sindh government made DNA testing mandatory in rape cases via the Code of Criminal Procedure (Sindh Amendment) Bill, 2017, and also allowed for the law’s retrospective application in all ongoing cases. The decision seems to be controversial given the fact that the Mazar-i-Quaid gang rape case was registered by police under Section 365-B of the Pakistan Penal Code and Section 376 (ii) of the Protection of Women (Criminal Laws Amendment) Act, 2006, calling for life imprisonment of those found guilty. In a society where misogynistic mindsets have made crimes against women rampant, this selective application of the laws is akin to not only justifying the crime but also exonerating the perpetrators. One hopes that civil society and the higher judiciary take notice of this decision and provide alternative legal recourse to the victim.
Dawn
Click here to subscribe to ESSF newsletters in English and/or French.