This blog has been written by Amjad Riaz, an Associate Lawyer at She-her, Pakistan, specialising in human rights cases involving GBV, sexual violence, harassment, and guardianship. He can be reached at amjadriaz3895@gmail.com.
Introduction
7 years old, yeah! only 7 years old, taken from her home, subjected to unspeakable horrors, and left lifeless in a trash heap, Zainab’s small and weak body is a tragic symbol of the vulnerability of children in Pakistan. Her story is not just one of victimhood; it is the face of a widespread issue that has long been ignored – the rampant abuse that destroys lives and shatters families. That barbaric rape-cum-murder, with dozens of such horrific episodes, not only makes our heart and soul ache, but also compels us to face the dirty and uncomfortable truth that our children are not safe.
We are to mourn only, or to take some substantive action? Why are they more vulnerable when they are little and weak? Is what we have done so far enough? Prevention or cure? This blog intends to find and provide answers to all of these questions.
Manifestation in Pakistan and Forms of Child Sexual Abuse
Sexual abuse of a child could take several forms ranging from physical abuse such as fondling and rape to non-physical abuse like exposing the child to sexual content, as there is no concept of consent in this matter. The forms could also be coercive prostitution to sex trafficking. The most glaring of these forms in Pakistan is sexual abuse; other forms might exist, but conservative social fabric and lack of overall awareness make them less prominent in mainstream talks of concern. Furthermore, some of the most infamous cases of girl child sexual abuse in Pakistan are: Zainab Ansari Case (2018), a 7-year old girl from Kasur getting raped multiple times and then killed brutally; another case was of 2012 when a 6-year old Sumbul was abducted, raped, killed and then thrown in a sugarcane field. The perpetrator? A man from the family who exploited the trust. I can enlist dozens of such chilling incidents of child abuse from all over Pakistan, but underlying factors are of extreme importance.
Factors Responsible
One of the most important factors, in my opinion, is the unintentional or, should I say, ignorantly irresponsible behavior in providing children with sex-education. Good touch, bad touch, who to trust, and who not to are some of the early lessons that children are deprived of by their own parents. Additionally, a conservative society. Don’t raise your eyebrows! Do you think all the cases are reported? A big NO! SAHIL – an organisation working for the awareness about child abuse – in its report ‘Cruel Numbers’ always underlines crime under-reporting as one of the prime factors for lack of awareness about child abuse. Before jumping onto the intersectionality of sex and age in perpetuating child sexual abuse, I’d further say that the weakness of judicio-legal system is also an important factor in exacerbating this phenomenon as certainty of punishment is a bigger check than severity of punishment.
Intersectionality of Age and Sex in Exacerbating Girl Child Sexual Abuse
The intersectionality of age and sex plays a crucial role in perpetuating child sexual violence, as these two factors intersect in ways that can increase vulnerability and complicate the ways in which child sexual abuse not only manifests, but is also reported and addressed. Children are inherently more vulnerable to abuse due to their developmental stage. Their lack of physical, emotional, and psychological maturity makes it difficult for them to understand, resist, or report abuse. Essentially, three factors: (i) children’s dependency on adults for care, protection, and guidance; (ii) their inability to comprehend the sexual nature of the abuse or recognise it as harmful; and (iii) adults often being seen as figures of authority and safety heightens the children’s risk of being targeted by perpetrators, who often exploit this dependency. And then we should not neglect the factor of ‘gendered’ exploitation in this matter – the girl child being more vulnerable for her perceived ‘passive’ and ‘submissive’ nature, coupled with the cultural and religious pressures. These two amalgamate in a way, making it even harder for girls to report abuse due to shame, fear of stigmatisation, or concerns about family honour.
Legal Provisions against Child Sexual Abuse in Pakistan
Our legal framework for child abuse has evolved over time. The first and the most significant provision in this matter is Section 375 of Pakistan Penal Code (PPC) that provides a comprehensive definition of “Rape”, and explicitly mentions the sexual violence, with or without consent, against a minor (less than 16 years of age). It is pertinent to mention and commend the legislature for incorporating a separate provision for sexual violence against minors and disabled. The perpetrator could face life imprisonment according to 376 of PPC, a penalty significantly more severe than that prescribed for rape involving adults. Pakistan Penal Code was amended through Criminal Law (Amendment) (Offences Relating to Rape) Act. 2016, Sec 5(b), following media’s widespread and intense campaign highlighting exponentially increasing incidents of sexual violence against children. Furthermore, one of the earliest legal frameworks was the passing of the Child Protection and Welfare Act (2010), under which a Child Protection Bureau is to keep the children safe from physical Abuse, and provide necessary medical and mental support to the victims. However, the most significant development was the passing of Zainab Alert, Response and Recovery Act in 2020 following the heart-wrenching episode of the Zainab Ansari Case. It not only solidified the already in place laws against child abuse, but also established a country-wide alert system with a sophisticated database to not only improve the reporting system, but also rectify the systematic flaws for delayed justice in this regard. But is it enough? I believe that the major problem isn’t the law, but the implementation which faces socio-cultural and politico-judicial challenges. Addressing these challenges is the first step towards a safe future for our kids.
The Takeaway
In the quiet corners of our homes, where innocence should thrive, the shadows of abuse loom large. The story of Zainab Ansari, and countless others like her, is not just a tale of one child's suffering, but a painful reflection of a society where our most vulnerable – our children – are left to fend for themselves. We can no longer stand by, numb to the suffering that surrounds us. Our hearts may break in sorrow, but that sorrow must fuel a collective, unwavering determination to change. We, as a society, have failed them too many times. It is time for us to break the cycle of ignorance, neglect, and indifference. The laws exist, but they must no longer be mere words on paper. They must be lived, enforced, and strengthened with urgency and commitment. More than that, we must educate, empower, and embolden the children who depend on us. We owe them more than just promises – we owe them action, justice, and a future where their dignity is protected, not violated. The fight against child sexual violence is not one for tomorrow. It is one for today, for every child who has yet to experience the world as it should be – a world full of love, safety, and hope. We owe them that. And together, we can give it to them.
References
SAHIL. (2023). Cruel numbers. Retrieved February 17, 2025, from https://sahil.org/cruel-numbers/
Government of Pakistan. (2020). Zainab Alert, Response and Recovery Act, 2020. Ministry of Human Rights.
https://www.mohr.gov.pk/SiteImage/Misc/files/ZARRA%2c%202020%20(2).pdf
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