Justice Reimagined: A Critical Study of Pakistan's Legal Reforms on Sexual Violence, 2021

Abstract

Criminal Laws (Amendment) Act and Anti-Rape (Investigation and Trial) Act, 2021 are the latest legislations, aimed at redressal of sexual violence, and expediting the trial processes and convictions rate under Sections 375, 376, and 377, which deal with sexual violence. These amendments are termed as one of the survivor-centric legal reforms on sexual violence in Pakistan. These Acts communicate a modern approach, focusing on the problem from the view of survivors, compared to the Zina Ordinance of 1979, which still drives the social discourse on sexual violence in Pakistan. However, the legislative developments show determination to counter systemic gaps and facilitate the victims effectively. The developments following the Acts relay a complex perspective about the exclusion of Clause 376-B – chemical castration and the transformative discourse against punitive state actions. Another aspect is also examined whether rape culture is also transforming with time. Transformative courses of action are praised and validated as the only viable option, yet the analysis shows that a modern transformative discourse impedes the application of strict laws to leave a lasting impact to prevent pervasive crimes like sexual violence.