Judicial Response to Child Sexual Abuse Cases in Sindh, Pakistan

Abstract

Child sexual abuse is an abuse of children's rights and a major problem of the criminal justice system in Pakistan. Although there have been legislative changes and a greater awareness of the issue of child sexual abuse, the problem is still occurring at alarming rates, especially with vulnerable children, and is often children's access to justice is hampered. The present article critically reviews judicial reactions to child sexual abuse cases in Sindh, in the light of constitutional guarantees, international obligations, federal and provincial law, judicial practice and institutional mechanisms in place for the protection of child victims. The study examines the legal regime for child sexual abuse in Pakistan, namely the Pakistan Penal Code, the Code of Criminal Procedure, the Juvenile Justice System Act, the Prevention of Electronic Crimes Act, the Zainab Alert, Response and Recovery Act and the relevant provincial laws introduced in Sindh. In addition, the article reviews the judicial attitudes toward child testimony, medical and forensic evidence, victim protection, confidentiality, and sentencing. The prevalence of child sexual abuse in the statistical data and institutional reports is analysed, along with the practical difficulties faced by courts when determining the victims in these cases. They show that while the judiciary has begun to take a child-focused approach, and the law has enhanced legal protections, there are many challenges which need to be addressed, such as underreporting, delayed investigations of children, intimidation of witnesses, social stigma, limited forensic resources, and the lack of specialized child protection courts. The article concludes that a coordinated and multidisciplinary child protection approach that includes judicial reforms, specific procedures, institutional collaboration, strengthened capacity in forensic services, and increased public awareness is necessary to effectively protect child victims. Improving such mechanisms is crucial for children to be given meaningful protection, dignity, rehabilitation and access to justice as required by the constitution and international standards that empower and obligate them to be victims.