The National Commission for the Protection of Women (NCSW) has expressed concern over the Supreme Court’s decision to abolish the punishment for rape and convert it into a punishment for fornication.

National Commission on the Status of Women (NCSW) expresses serious concern and profound disquiet over the recent judgment of the Supreme Court wherein a conviction for rape was set aside and substituted with a conviction for fornication, despite the case having undergone police investigation, trial proceedings, and affirmation by the High Court.

The Commission notes with concern that the prosecution’s findings — including investigative evidence and judicial conclusions reached by the trial court and the High Court were effectively disregarded, resulting in the accused being discharged from the offence of rape. Such an outcome raises critical questions regarding the adjudication of sexual violence cases and the application of legal standards relating to consent.

NCSW underscores that consent cannot be inferred from silence, delayed reporting, or the absence of physical resistance. Judicial interpretation must remain informed by the complex realities of trauma, fear, coercion, and power asymmetries that frequently underpin sexual violence. The recharacterization of rape allegations as consensual conduct risks entrenching harmful stereotypes, deterring survivors from pursuing legal recourse, and fostering a climate of impunity for sexual offences.

The Commission views this judgment as a regressive development with far-reaching implications, undermining public confidence in the justice system and conveying a deeply concerning message to women and girls across Pakistan regarding their safety, dignity, and access to justice.

NCSW urges the judiciary and all relevant state institutions to ensure that adjudication in cases of sexual violence is firmly grounded in constitutional guarantees of equality, dignity, and non-discrimination, as well as Pakistan’s obligations under international human rights law. Gender-responsive interpretation of law and survivor-centred judicial reasoning are imperative to prevent re-victimization and carrying of justice.

In this context, NCSW also reiterates the need for systemic institutional strengthening. This includes increasing the number of Gender-Based Violence (GBV) courts, enhancing the technical capacity and specialization of GBV court staff, appointment of permanent judges along with conducting large-scale sensitization trainings for justice sector stakeholders. Particular emphasis must be placed on first responders, especially the police, to ensure survivor-sensitive handling of complaints from the outset.

National Commission on the Status of Women reaffirms its commitment to advocating for legal reform, judicial capacity-building, and robust safeguards to ensure that survivors of sexual violence receive justice that is fair, sensitive, and firmly rooted in human rights principles.