LAHORE: The Lahore High Court (LHC) has ruled that providing protection to women from sexual violence is more important than new legislation.
Justice Ali Zia Bajwa issued a nine-page written verdict saying that seven months have passed since the anti-rape ordinance but this law is yet to come into force.
“Anti-rape law is good legislation but its enforcement is the responsibility of the state. The probe of the offence requires appointment of a woman investigation officer,” the bench stressed in its judgment.
The court criticised the police department for non-implementation of the ordinance and said that the police has made thousands of serious violations.
“Resources were used in some rape cases due to the electronic and social media. Providing justice in selected cases is big injustice,” according to the verdict. “It is an injustice not to inquire into cases of the victims of sexual violence.”
“Failing to enforce the law is the root of the evil. State officials are powerless to enforce the law owing to the lack of resources and skill. It was a challenge to enforce the anti-rape ordinance, unfortunately the government has failed till date to implement it,” the court verdict said.
“The failure to implement the anti-rape law is equal to a crime, trying to evade enforcement of the law is a violation of the constitution,” the verdict added. “Police reasons for non-enforcement of the law is unacceptable. The I.G. Punjab Police should ensure enforcement of the anti-rape ordinance,” the court stressed.
The DIG failed to give a satisfactory reply to a question about failure in implementing the law. According to a report put forward by Central Police Office (CPO) Punjab, it was disclosed that the department has neither the funds nor resources to set up a rape investigation unit.
“Rape and sexual violence could destroy a woman’s life. The rape victims have to face untrained investigation officials, harsh medical examination, despicable questioning and social degradation,” the court observed.
The court observed the judiciary and the lawmakers tried to protect the victims but circumstances remain the same.
