The “Justice Gap”: Systemic Failure in Prosecuting Gender-Based Violence in Pakistan

A Crisis Hidden in Plain Sight

In Pakistan, gender-based violence (GBV) is pervasive, insidious, and devastating in its reach. Yet, what is equally alarming is the glaring impunity that perpetrators enjoy. With conviction rates as low as 0.1% for abduction cases and less than 2% for other forms of sexual violence, a systemic and institutional “justice gap” has emerged, exposing deep-rooted flaws in the country’s legal, policing, and judicial structures.

Despite constitutional guarantees and a raft of new legislation, the chasm between legislative intent and judicial outcome remains stark. Survivors face not only violence but also bureaucratic trauma, social stigma, and legal dead ends, making justice the rarest outcome in even the most horrific of cases.

The Numbers Tell a Grim Story

According to data compiled by the Human Rights Commission of Pakistan (HRCP) and court-monitoring organisations such as AGHS Legal Aid Cell, conviction rates in gender-based crimes remain negligible. In Punjab, for instance, only 16 convictions were reported in 15,000 abduction and rape cases filed over the past five years—a conviction rate of just 0.1%, according to the HRCP 2024 report.

Independent research from the Legal Aid Society Karachi also highlights that:

• In rape cases, only 1.5% of FIRs result in a conviction.
• In domestic violence cases, less than 3% proceed beyond pre-trial.
• Delays average 3–5 years for resolution in gender-based violence cases, far exceeding statutory trial timelines.

These numbers are not only indicative of judicial lethargy—they represent a system that routinely fails survivors and, in effect, shields perpetrators.

Why the Justice System Fails

1. Police Culture and Investigation Bias

The journey of most GBV cases is obstructed at the first point of contact: the police station. Victims frequently report intimidation, harassment, or outright refusal to register First Information Reports (FIRs). Police officers, largely male and lacking sensitivity training, often question the credibility of victims, and in some instances, side with influential perpetrators.

Source: Dawn

Even when FIRs are registered, investigation officers routinely fail to collect forensic evidence, mishandle victim statements, or delay medical examinations—compromising the legal viability of the case from the outset.

2. Prosecution Weakness and Legal Apathy

Cases that reach the courts suffer from weak charge sheets, poor case framing, and absent legal representation. Prosecutors rarely treat GBV cases as priority litigation. Witness protection is non-existent, and cross-examination practices often retraumatise survivors.

Even with the introduction of anti-rape legislation in 2021, including the establishment of special courts, the implementation has been sluggish and uneven. There remains a shortage of female judges, trained prosecutors, and trauma-informed courtrooms.

3. Cultural and Social Pressures

Victims—particularly from rural, conservative, or economically marginalised backgrounds—face overwhelming pressure to withdraw cases, accept out-of-court settlements, or endure “jirga justice”. These informal systems often prioritise community harmony over victim rights and in many cases, pressure survivors into marrying their rapists.

Families too, fearing honour-based retaliation, stigma, or economic dependency, discourage reporting altogether. Thus, a large proportion of GBV incidents remain unreported—rendering the official data a vast underestimation.

Reform or Rhetoric? State Response in Question

While the government has passed a series of progressive laws—including the Anti-Rape (Investigation and Trial) Ordinance, the Punjab Protection of Women Against Violence Act, and recently tabled digital evidence reforms—implementation remains patchy. The lack of funding, poor institutional coordination, and deep-seated patriarchal attitudes within the justice system continue to undermine progress.

Attempts to establish gender protection units, women’s police stations, and fast-track courts have seen limited success, often constrained by jurisdictional confusion and insufficient staffing. The Ministry of Human Rights, though active on paper, lacks the operational teeth to monitor outcomes or enforce systemic reforms.

The Justice Gap: A Deeper Structural Malaise

What Pakistan faces is not merely a criminal justice crisis—it is a structural and societal failure. The legal apparatus is not merely unresponsive but complicit in the continued marginalisation of survivors. Every stage—from reporting to trial—functions as a filter, sifting out victims from justice. This cumulative attrition is the true face of the “justice gap”.

Furthermore, media sensationalism, social media trolling, and the weaponisation of morality against women have created an atmosphere where seeking justice is more dangerous than suffering in silence.

Unless these structural deficits are addressed with the same urgency as counterterrorism or economic reforms, Pakistan will continue to fail half its population—not just legally, but morally.

Policy Recommendations: Bridging the Gap

To narrow this justice gap, Pakistan must move beyond symbolic measures:

• Mandatory gender-sensitivity training for all police officers and judicial staff.
• Expansion of independent prosecution services with gender-based violence units.
• Immediate implementation of witness and victim protection legislation.
• Establishment of gender crime data dashboards to ensure transparency and track performance.
• Public funding for free legal aid, rape crisis centres, and mental health support for survivors.

Importantly, civil society must be empowered to monitor and audit the justice system—with NGOs, bar councils, and women’s rights groups acting as watchdogs over implementation.

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