By Abdul Rafay Afzal (Editor In Chief)

Year 2024 marks Pakistan’s first conviction for marital rape, igniting profound discussions on legal precedents, women’s rights, and broader societal implications. In Pakistan, a legislative gap has long existed concerning coercive sexual conduct within marriage, leaving women vulnerable to rape by their intimate partners without legal recourse. The absence of explicit legal provisions specifically addressing coercive sex perpetuates a systemic failure to protect women from sexual violence within marital relationships. This deficiency underscores the critical need for comprehensive legal reforms aimed at addressing the complexities of sexual violence and ensuring the legal recognition and protection of women’s rights to bodily autonomy and consent.

A man has been sentenced to three years in prison for sodomizing his wife, marking Sindh’s first conviction for marital rape. It’s noteworthy that the accused was not solely convicted for engaging in non-consensual intercourse with his spouse but for an act of sodomy, which was medically verified. Advocate Bahzad Akbar from the Legal Aid Society, representing the complainant, argued that sodomy constitutes rape following an amendment to Section 375 of the Pakistan Penal Code (PPC) introduced in 2021, which criminalizes ‘unnatural offenses.’ While the ruling was based on charges of unnatural offenses, it establishes a fresh precedent for the prosecution and conviction of individuals for marital rape, especially in light of recent legislative revisions to the PPC. This effort to enact legislation specifically targeting coercive sex is essential to bridging this gap and providing women with the necessary legal protections against intimate partner violence.

By recognizing this case as a criminal offense, the judiciary has delivered justice to the survivor and paved the way for future legal reforms, fostering social awareness towards this violent act against women. Beyond its legal implications, the case carries profound social and cultural significance. Marital rape, long a taboo topic in many societies, is a form of violence against women that has historically been overlooked and even normalized in Pakistan. In a country where patriarchal norms have deeply entrenched gender inequalities and perpetuated a culture of silence around issues of sexual violence within marriage, the recent conviction represents a seismic shift in legal and societal attitudes.

Data from my study showed a pattern of denial towards the acceptance of marital rape while defending the system of marriage. For most participants, marriage seemed to be a fairy tale, especially for unmarried young participants, married older participants, and those content with married life. For them, it was difficult to accept the fact of a man raping his wife due to the dominant cultural beliefs in the sanctity of the holy institution of marriage. The participants associated marriage with religious commands that must be followed to confirm the divine laws. For them, it was impossible that a relationship commanded by a supreme power to form could have such impurities. Few related it to the financial and mental strains of men and advised victimized wives to support their husbands in challenging times by not complaining about their undue demand for sex.

In Pakistan, there are no institutions or organizations which work formally on the issue of marital rape. Some Non-Governmental Organizations (NGOs) work under the slogan of ‘rape’, but they also do not cater to the issue of marital rape. Cases of marital rape are documented under the heading of sexual or domestic abuse, which does not allow for the recording of cases of marital rape. The lack of legal platforms where this issue could be discussed is a primary reason why victims of marital rape do not dare to fight back. This ruling will compel pertinent organizations to initiate discussions and document matters under the heading of ‘marital rape’.

While the conviction marks significant progress, it is crucial to address potential misuse of this judgment. Without measures for the safety of men and women, there could be incidents of false accusations, leading to unjust penalization. The perspective that marriage is a contract of consent, which includes marital relations, must be considered. If consent is not maintained, divorce remains an option. Ensuring a balanced approach in legal reforms will help protect the rights of all parties involved.

This verdict has far-reaching effects beyond its legal realm, igniting significant societal changes. It emphasizes the crucial need for employing intersectional approaches to promote awareness of this issue, acknowledging the various forms of discrimination faced by women in married life, including those related to their sexuality. This case is poised to establish a precedent for social consciousness and can serve as an inspiration for local human rights organizations, victims, and their families. This landmark case should serve as a call to action for all stakeholders to work collaboratively towards a future where women can live free from fear and violence, both within and outside of marriage.

Will this landmark case lead to a floodgate of judicial precedents? Only time will tell.