Justice Ayesha Malik challenges rape victim-blaming

Supreme Court Justice Ayesha Malik has challenged attitudes that blame women for sexual violence, rejecting assumptions that women somehow invite rape and calling for a fundamental change in how society views survivors.

She made the remarks on Tuesday while addressing the launch of a bench book designed to guide judges handling rape cases in gender-based violence (GBV) courts. The event was organised through collaboration between the Ministry of Human Rights, the Legal Aid Society and the United Nations Population Fund (UNFPA).

In her keynote address, Justice Malik expressed concern that sexual violence had become so common that it no longer generated the level of public outrage it deserved. She stressed the need to reconsider deeply rooted social attitudes that shift responsibility from perpetrators to victims.

The event also marked the launch of a national study examining low conviction rates in gender-based violence cases. The two publications aim to strengthen judicial decision-making and address weaknesses in the criminal justice system, from the initial reporting of an offence to investigation, prosecution and trial.

According to the Ministry of Human Rights, the bench book provides judges with practical guidance on relevant laws, judicial precedents and the assessment of evidence. It is divided into 10 chapters arranged according to the stages of a trial to help ensure that proceedings are conducted fairly and decisions are based on law and evidence.

Rabeea Hadi, director general of the ministry’s Child Protection Institute, presented the study on low conviction rates. Prepared by the ministry in collaboration with the Senate’s Functional Committee on Human Rights, the research examined the stages at which cases encounter difficulties, including initial complaints, police investigations, medico-legal examinations, prosecution and court proceedings.

Advocate Maliha Zia, director of gender, inclusion and development at the Legal Aid Society, explained how the bench book would assist judges during court proceedings.

Senator Ayesha Raza Farooq, chairperson of the Special Committee on the Anti-Rape (Investigation and Trial) Act 2021, highlighted the importance of translating legislation into practical guidance for judges. She said the bench book brings together parliamentary legislation and rulings of superior courts in a format that judges can readily use when deciding cases.

Legal Aid Society Chief Executive Officer Barrister Haya Emaan Zahid discussed the challenges survivors face throughout the justice process. She emphasised that delayed reporting, gaps in medical evidence and family power dynamics must be assessed in their proper context rather than automatically being treated as reasons to doubt a complainant.

UNFPA Pakistan Representative Dr Luay Shabaneh linked fair judicial decisions to the country’s international human rights commitments. He stressed that well-reasoned judgments were essential to protecting the rights of everyone inside and outside the courtroom.

British High Commission Senior Governance Adviser Mary Kate Thomson said public confidence in the justice system depended on how cases were handled in practice. The treatment of survivors, she noted, could influence whether victims felt safe enough to report sexual violence and pursue justice.

Opening the event, Ministry of Human Rights Secretary Abdul Khalique Shaikh acknowledged the gap between legal protections and their implementation. He called for greater attention to ensuring that safeguards provided by law were effectively delivered on the ground.

The gathering brought together judges, prosecutors, parliamentarians, government officials, legal experts and development partners to discuss ways to improve the handling of gender-based violence cases and strengthen the justice system.

The discussion comes amid continuing concerns about violence against women and vulnerable groups in Pakistan. According to Sahil’s Six Months Cruel Numbers Report for January to June 2026, a total of 3,172 gender-based violence cases were reported nationwide during the period, including 18 cases involving transgender persons.

The report documented 644 murders, 514 cases of torture, 462 abductions, 363 suicides, 280 rapes, 175 cases of injury and 132 honour killings. Another 21 cases involved offences including harassment, gang rape and pornography.