Paper

Proceedings of
ICLJ 2013

International Conference on Law and Justice 2013

24-25 July - Colombo, Sri Lanka
i

Paper proceedings of ICLJ 2013

ISSN 2279-3674

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ICRD- 2013
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Suggested citation

DISCLAIMER:
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ICLJ 2013

Conference Convener
Prabhath Patabendi
International Center for Research & Development (ICRD)

ORGANIZER
International Center for Research & Development (ICRD)

THE SCIENTIFIC COMMITTEE

Prof. Ludo M. VENY (Belgium)
Prof. Yerima Timothy (Nigeria)
Prof. Dilek Ozakok-Cubuckcu (Turkey)
Prof. Toshiichi Endo (HK)
Prof. N.C. Cooray (Japan)
Dr.Tahseen Jafry (United Kingdom)
Dr. TSAY, Li-Jiuan (Taiwan)
Prof. M.K. Bhandari (India)
Prof. Cher Weixia Chen (USA)

iv

CONTENTS
Topic

Page

UNITY IN DIVERSITY PROTECTION OF LINGUISTIC AND PHILOSOPHICAL MINORITIES

01

IN THE BELGIAN FEDERAL STATE

RIGHT TO DEVELOPMENT AS A THIRD-GENERATION HUMAN RIGHT

24

Analysis of the Legal Regulations for Manmade Disasters with special Reference on
Nuclear Disasters
ENVIRONMENT TOXICANTS DISTURBING REPRODUCTIVE HEALTH OF WOMEN
RE-EVALUATING THE INTERPLAY BETWEEN LAW, JUSTICE AND HUMAN
GOVERNANCE: A CASE STUDY OF NIGERIAN EXPERIENCE

39
50
61
82

Reflections on the Turkish Immovable Property Tax

PRISONER DISENFRANCHISEMENT: AN ARGUMENT FOR VOTING BY
PRISONERS
OFFENCES RELATING TO DECENCY UNDER ISLAMIC LAW AND ITS PRACTICE IN
MALAYSIA
ABUSE AGAINST CHILDREN AND VULNERABLE ADULTS: MAKING THOSE WHO
KNOW AND FAIL TO PROTECT, CRIMINALLY LIABLE

102

122
139
148

Tax as a public obligation

164
SEXUAL HARASSMENT IN WORKPLACE IN INDIA
179
THE CORROBORATION CONTROVERSY CREATED BY SECTION 157 OF THE
EVIDENCE ACT 1950
221
CRIMINAL LIABILITY FOR ENVIRONMENTAL CRIMES
Government Regulation of Marriage Laws in Colonial India: A Case-Study of the
Special Marriage Act, 1872

236

Diversities in the Application of Classical Islamic Personal Law in the International

Islamic Society A Position Review with Special Reference to Inheritance Matters
PROBLEMS OF PERSONAL JURISDICTION AND ACCESSIBILITY BY INDIVIDUALS
AND NGOs TO THE AFRICAN REGIONAL HUMAN RIGHTS COURTS: LESSONS FROM
THE ECOWAS COMMUNITY
COURT OF
JUSTICE

252
278

313
Predatory Pricing in India: The Uncatchable Prey

329
Is Deviation a Fundamental Breach of the Contract of Carriage by Sea? A Critical
Analysis of Current Law
349
I priso

e t, as a alter ative

ethod of pu ish e t.

Registration of Musical Compositions and Sound Recording- Critical overview

under Copyright Act

370

385
Internet Censorship in India-A detailed study
A CRITICAL ANALYSIS: DISCRETIONARY POWERS OF THE JUDICIARY IN DRUG
RELATED CASE WITH SPECIAL REFERENCE TO NARCOTIC DRUG PSYCHOTROPIC
SUBSTANCES ACT
Human Trafficking and Smuggling of Migrants: The International Instruments and
Domestic Laws of Malaysia

396

408
438

UTAINABLE DEVELOPMENT - NEED TO THINK AND ACT BEYOND IT

466
The Paradox of Prospect for NGOs: Space for Greater Institutional Avenue in the
International Human Rights Regime
An Analysis of Legal Provisions Regulating Child Labour in India

495

A Contemplation on National Transitional Council of Libya

525

A Critical Evaluation of the Effectiveness of the Mechanisms set out in the

Industrial Disputes Act of Sri Lanka for the Prevention and Settlement of
Industrial disputes.

548

564
REFORMING THE DISPUTE SETTLEMENT SYSTEM UNDER THE WTO
579
Diversified challenges in implementing death penalty for drug trafficking offences
in Malaysia
599
CHILD SEXUAL ABUSE PREVENTION AND ELIMINATION IN PAKISTAN
612
SEPARATION OF POWERS: A FAIRYTALE OF UTOPIA

vi

628
Regulating Nanotechnology: Timely Stitch for Saving Future

653
POLISH ELECTRONIC WRIT OF PAYMENT PROCEEDINGS AS A MODERN MODEL OF PAYMENT
DISPUTE RESOLUTION

679
PROTECTION OF HUMAN RIGHTS: AN INTERNATIONAL RESPONSIBILITY

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ICLJ 2013 Paper Proceedings

CHILD SEXUAL ABUSE PREVENTION AND ELIMINATION IN PAKISTAN
BY MUHAMMAD IMRAN ALI

ABSTRACT
Most of the child protection laws are out-of-date in Pakistan. The Pakistan Penal Code 1860 does not
contain punishments for child sexual abuse offences,it also does not differentiate offences that
relates to children and adults. These facts need comprehensive laws dealing with child sexual abuse
offences. This lacuna in the criminal law of Pakistan has given rise to the research question whether
the criminal justice system in Pakistan needs improvements to response child sexual abuse?
This article focus on the issues: What is child sexual abuse?
The developments in the laws relating to child sexual abuse and the role of superior Judiciary in
different countries.
The laws existing in Pakistan and the role of superior judiciary in dealing with the issue of child
sexual abuse.
The amendments required in the criminal law to response child sexual abuse in Pakistan.
Recommendations for preventing and addressing issues of child sexual abuse.
What we need are the comprehensive amendments in the criminal justice system of Pakistan to
combat child sexual abuse.
Keywords: child sexual abuse, laws, Pakistan, prevention.
1. INTRODUCTION

Sexual abuse of any form has never been tolerated by any religion. Islam forbids homosexual
acts and declares these acts as punishable. The Holy Quran teaches that the most sinful act is
the act of homosexuality, this is the Message of God conveyed to human beings through the
1
Holy Quran . The people of Lot were destroyed and severely punished by God for
committing homosexual acts. There is very strict punishment for illegal sexual intercourse in
Islam.
Christianity forbids sexual abuse in the same way and every child is a unique individual
2
created by God. According to Bible , God is concerned for children and anybody who causes
sexual abuse to a child will be punished heavily.
Sexual contact of any kind between a grown up and a minor including fondling and kissing is strictly
3
forbidden in Jewish law . Jewish law is very strict on this subject, forbids intentional illicit thoughts
and those activities which may result in sexual stimulation.Jewish law forbids intentional selfstimulation and illicit sexual thoughts. It even forbids a number of gentle activities that may bring
about sexual stimulation.

Children are the supreme national asset and the future of a nation depends upon its children.
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No one can ignorechilds importance in a society because the growth and development of a
nation depends upon the well-being of its children.
The term child abuse may include physical abuse, sexual abuse, emotional abuse and
neglect.Child sexual abuse is improper sexual behaviour with a child. It includes touching or
fondling the genitals of a child or inducing a child to fondle an adult genitals, child
molestation (with or without penetration), sodomy, rape and pornography.
Child sexual abuse is a major problem in almost all societies and child molestation is increasing day
by day.Child sexual abuse exists in Pakistan and the incidence is higher than generally perceived.
The purpose of the study is to substantiate that child sexual abuse exists in Pakistan and the laws
available in Pakistan are not enough to combat child sexual abuse. This studycomparatively analysis
the developments made in the laws relating to child sexual abuse and the role of superior judiciary in
USA, UK, India and Pakistan. This research study uses the primary sources such as pieces of
legislation and the relevant constitutional provisions as well as the case-law of various countries
including Pakistan. The secondary sources include literature on customary law such as books and
world-wide web.
The purpose of this research study is to present the information base that will help government to
formulate the necessary legislation, to develop improvements in the criminal justice system of
Pakistan to deal with this problem
The overarching responsibility is that of the state and it is the state that has to create a protective
environment and presents a safety net for children who fall into vulnerable and exploitative
situations.
2. DEFINITION OF CHILD SEXUAL ABUSE
There is no precise and comprehensive definition of child sexual abuse, however, sexual abuse to a
child refers to violent sexual acts which will physically and mentally harm a child. Child sexual abuse
is a burning problem in almost all countries and especially in Pakistan. Child sexual abuse is an
attempt or sexual assault by a grown up man or by a child of older or same age towards the child to
commit sexual act with him without his consent.
4

Kemp in 1978 defines child sexual abuse as,

"The involvement of dependent, developmentally immature children and adolescents in
sexual activities that they do not fully comprehend, to which they are unable to give informed
consent or that violates activities that they do not fully comprehend and to which they are
unable to give informed consent, or that violate the social taboos of family roles"
5

Salter in 1988 defines sexual abuse as,

"Sexual activity between a child or adolescent with an adult or another childfive years or
older than the child."
There are two categories of child sexual exploitation or abuse. The first is non-contact which includes
exhibitionism, voyeurism, sexual comments, pornography, making pornographic films of a child and

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exploitation.Second category is Contact which includes kissing a child or touching a child with sexual
intents, fondling, masturbation, oral sex, intercourse.
Most common types of child sexual abuse in Pakistan are abduction for sexual abuse, molestation,
rape, sodomy or incest and murder after sexual abuse.
6

The United Nations Convention on the Rights of the Child 1989 which is also known as CRC is a
treaty to safeguards the human, social, cultural, civil, economic, health and safety rights of the
children. The Convention defined a child as a human being under the age of eighteen years, unless a
different age of majority is recognised by the law of a country. This convention has a binding effect
on all the nations who ratified this convention. This Convention consists of 54 articles and two
Optional Protocols. This convention recognises the right of a child to survive in society, to have equal
opportunities to develop him, fully protected against any harms likely to occur to him, protection
against any form of sexual abuse and the right to fully participate in his family, social and cultural life
as the basic human rights of the children.
The basic principle of the Convention is that every child has equal rights without any discrimination.
The rights describe by the Convention are belong to the human dignity and harmonic development
of every child. The basic purpose of the Convention is to protect children's rights. Article 34 declares
that the States are responsible to protect children from all forms of sexual abuse and are responsible
to take all necessary measures on all levels to eradicate this evil.
3. LEGAL DEVELOPMENTS IN DIFFERENT COUNTRIES
3.1. UNITED STATES OF AMERICA
In the United States hearsay evidence is admissible in evidence in child sexual abuse cases with few
exceptions. Hearsay evidence is very important in child sexual abuse cases. Generally trials take a
long time for their conclusion and a child have the fear of forgetting the evidence which he is going
to record in the trial court. Moreover during the trial, the child also disturbed mentally. The Courts
must understand this condition of the child and must give value to the hearsay evidence to bring the
culprit to justice.
7

The case titled as Ohio v. Robert

, established the foundation for allowing hearsay
evidence,statement of the actual witness who was not available was so trustworthy and reliable that
the Court considers it justifiable, that another person permitted to repeat it in the Court. The
reliability of a statement depends upon the Court to decide whether it is true.
8

In White v. Illinois, the Supreme Court has to settle question of admission of hearsay evidence in the
9
presence of the Confrontation Clause of the Sixth Amendment . In this case Randall White charged
with offence of assaulting sexually a four-year-old girl, during theft in a residential building. The
occurrence witnessed by the babysitter by hearing the screamsof the victim child.
White was found guilty by the Court and appealed in the High Court arguing that the hearsay
10
testimony of the babysitter was not valid in presence of the Confrontation Clause . The High Court
unanimously decides that the Confrontation Clause has no link with admissibility of hearsay
evidence. The US Supreme Court comes to the conclusion that in this case the hearsay evidence

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orro orated ith the
evidence as valid.

edi al e ide e a d o sideri g the pri iple of Res gestae, upheld hearsay

11

In Coy Versus Lowa , the US Supreme Court held that the use of screen between the child and the
accused during the cross-examination was not a violation of the Confrontation Clause. The argument
that the use of screen prejudicial and was an infringement of the due process also rejected by the US
Supreme Court.
12

In Maryland Versus Craig , The Supreme Court declares that it is in the best interest of justice that
there should an evidentiary hearing before the commencement of the trial, where it will examine
that what affects made on the child giving testimony in the presence of the accused.
13

In Idaho vs. Wright , the US Supreme Court considered to examine the question what are the
exceptions in the hearsay evidence which are admissible in the presence of the Confrontation
Clause. The US Supreme Court set forth a test which comprised of two parts to determine whether
hearsay evidence admitted in child sexual abuse cases. Firstly, hearsay evidence has to fall into an
exception of the hearsay rule to be admitted in evidence. Secondly, the statement will be
inadmissible in evidence if the statement does not fall under a hearsay exception that is not firmly
based. The statement will meet the standards of admissibility of the Confrontation Clause, if it is
trustworthy.
14

New Jersey Versus Michaels , Kelly Michaels convicted of sexually abusing children while they
were in a day care Centre and imprisoned for 5 years. He filed an appeal. The victim children in this
case interviewed and asked highly leading, suggestive, and coercive questions. The Supreme Court
held that the interviews of the victims like interrogations were not proper, and there will be
substantial likelihood that the evidence derived from the victims was unreliable, instead of this
practice a pretrial hearing initiated in which the state was bound to prove beyond any shadow of
doubt by a clear and convincing evidence that the testimony of the victims was reliable enough to
warrant admission of trial.
Coy v. Iowa and Maryland v. Craig set the principles for the arrangements of closed circuit television
or screen between the victim and the offender to testify the child without any fear and face to face
contact with the accused in child sexual abuse cases.
In the cases Idaho v. Wright and White v. Illinois, hearsay exceptions admitted. The judgment
delivered in the White case has a wider applicability and threatens the Confrontation Clause rights
claimed by all accused.
The United States Supreme Court responds to the developments in the child sexual abuse cases by
acknowledging the difficulties faced by the prosecution. The US Supreme Court considered the facts
that the court rooms atmosphere is not suitable to the child sexual abuse victims damaged by
physical as well as psychological effects, and therefore, introducing developments in all levels to
make the courtrooms more friendly.
15

The Child Abuse Prevention and Treatment Act is a development in child sexual abuse laws in the
United States. CAPTA enacted on January 31, 1974 and amended several times, lastly amended on
20-12-2010 by the CAPTA Reauthorization Act of 2010. CAPTA authorizes the United States Federal

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Government to play an active role in research, technical assistance and data collection activities. The
Offices of Child Abuse and Neglect were established under this Act.
3.2. UNITED KINGDOM
The Sexual Offences Act, 2003
the United Kingdom.

16

is a great development in laws relating to child sexual abuse laws in

The government believed that the existing laws relating to sexual offences have been out dated,
therefore, this act introduced to reform the laws, specially laws in child sexual abuse cases.
This new Act makes consent the key feature between the sex contacting parties. A clear definition of
consent added. The accused has to prove that the sexual act has done with consent of his partner. It
widened the definition of rape by including penetration in vagina, anus or mouth with or without
consent. It also introduces a new offence of assault by penetration of an object in vagina or annus
such as bottle or any other thing. It also includes in sexual assault the intentional sexual touching
without consent. This Act declares the age of a child at 18 years and provides protection for all
sexual offenses to a child under the age of 16 years. It introduces new criminal offences including
familial sexual abuse, offences committed by adult relatives and offences giving protection to
persons with mental disorder.This Act also re-designs offence of abuse of a trust position towards a
child and introduces effective measures to protect children from sex offenders. This Act introduces
for the first time,offence of voyeurism.
17

The Sexual Offences (Scotland) Act, 2009 provides a comprehensive framework of laws for sexual
offences in Scotland. This Act repeals the old laws relating to rape, sodomy and a several other
offences relating to sexual abuse and particularly introduces new statutory laws relating to sexual
abuse which take place without consent. This Act defines consent as free agreement.
The o ial Work otla d A t 1 6 i trodu ed the syste of hildre s heari g, hi h is o
included in the Children's Hearings Scotland Act, 2011. Its aim is to combine justice and welfare for
children.
18

In Re P.B. (a minor) , it was held by the Court that evidence of the doctor about the statement
given by a child during the interview cannot be struck out on the ground that it was against the
hearsay rule but the court may admit it on its discretion.
In the proceedings relating to wardship cases, the most important purpose before a court is the
welfare of a child. It is the duty of the court that the rules of procedure and the rules of evidence will
not apply in such a manner to prejudice the welfare of the minor. If the evidence available is the
only one which could prove the alleged sexual offence with which the accused charged.
3.3. INDIA
In India children are also victims of sexual abuse like other countries, they are sexually abused by
family members, relatives, servants, teachers and friends.
19

The laws relating to sexual offences are found in the Constitution of India and in the Indian Penal
20
Code 1860 . But the real developments in the laws relating to child sexual abuse made by the
superior judiciary of India through their judgments on this subject.
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21

Sakshi vs. Union of India and Ors, is a landmark judgment in the judicial history of India relating to
the child sexual abuse cases, the Supreme Court holds that the laws in Indian Penal Code are not
sufficient enough to cover all sexual offences against women, or child sexual abuse. Previously, the
Delhi High Court holds that the penetration by father to his eight years old daughter was neither a
rape nor an unnatural offence, and declared it as hurt or an outrage of modesty. Appeal filed in the
Supreme Court of India. Sakshi (an NGO) filed the petition in the year 1997 and contended in its
petition the scope of sections 375 and 376 of the Indian Penal Code 1860 is very limited and it
willextend to include other forms of sexual offences which intends to degrade or humiliate a women
or child
Considering the sensitivity of child sexual abuse and rape cases, the Supreme Court established that
the victim and witnesses will prevent from face to face contact with the accused during trial by using
a screen or similar arrangements.
The Court established that the defence side should put their questions in cross-examination to the
child in writing through the trial judge and the trial judge should explain those questions to the child
victim clearly and in a simple language. The Court holds that in camera proceedings are mandatory
in cases even penile penetration have not been occurred.
22

Sheba Abidi versus State of Delhi , the Delhi High Court keeping in view the principles established
in the Judgment passed by the August Supreme Court of India in the case of Sakshi, established
further parameters in cases of child sexual abuse.
The Court established that the court is responsible to assure that the child was not psychologically
traumatized, and the court should allow the child to give evidence outside the court, if the child was
uncomfortable in the court atmosphere and feel reluctant to go inside the courtroom. Further the
child entitles to get support of any person including the family member or parent to accompany him
during the trial proceedings. The Court established that the child victim can testify outside the Court.
23

In the case State of Punjab vs. Gurmit Singh , the Supreme Court has made the observations that
the trials relating to the child sexual offences will be held in camera and held that in camera trials are
mandatory in cases relating to child sexual abuse. The Court also held that women judges should
conduct the hearing of these types of cases and the court is responsible to consider all these factors
and the process of cross-examination will not a means of harassment to the victim.
24

As a result of these judgments, The Protection of Children from Sexual Offences Act, 2012 was
passed by the Indian legislature. This Act introduces child friendly procedure for recording the
statement of a child, at the place of his choice and by a woman police officer of a higher rank and the
police officer will not in uniform while recording his statement. The child can require the help of a
translator or an expert.In case of disability, the child can take assistance of a special educator for
communication. No aggressive questions allowed to put to the child during his cross-examination.
The childstatement must recordwithin 30 days. Trials should conduct in-camera.

Special courts will establish for trial of offences under this Act. Under this Act, onus of proof
shifts on the accused considering the child\s innocence. The period of one year fixed for
conclusion of a trial. The media cannot disclose the childs identity without the prior
permission of the Special Court.
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4. CHILD SEXUAL ABUSE IN PAKISTAN
Child sexual abuse exists in Pakistan. It becomes a very serious problem in our society. A minor girl
or boy abused or raped every second day in Pakistan. There is no official agency which prepares a
data of this crime. Child molestation would certainly be a child abuse but all acts of child abuse
would not necessarily be child molestation. Sexual molestation of a child is of various types. It could
be fondling of the genital organs of the child, or it could be showing him nude photographsto arouse
his sexual emotions or it could be in form of physical nudity with the object of sexually provoking or
using a child. The child sexual abuse acts or the child sexual molestation have not been categorically
defined as offences in the Pakistan Penal Code or in any other law of the Sate.
Child sexual abuse becomes a common and serious problem in Pakistan.The most recognised forms
are molestation, sodomy, rape, sexual abuse without penetration and abduction for sexual abuse
which sometimes resulted in murder of the child.
Commercial sexual exploitation of children is another serious problem in Pakistan. Boys targeted
more than girls. Both boys and girls used in the prostitution business. Boys are available for
prostitution at bus stops and hotels. However, girls supplied in private homes and hotels.
Prostitution is illegal in Pakistan, but existed under the cover of dancing business. In prostitution
business, virginity of a girl at an early age has sold on a very high price in Pakistan, called nathutrai or
first night.
Sexual abuse is improper sexual behaviour with a child. It includes touching or fondling the genitals
of a child or inducing a child to fondle an adult genitals, child molestation (with or without
penetration),sodomy, rape and pornography.
There are no specific laws about child sexual abuse in Pakistan like The Child Abuse Prevention and
Treatment Act in USA, The Sexual Offences Act, 2003 in UK and The Protection of Children from
Sexual Offences Act, 2012 in India. Most of the existing laws have not been specifically made
offences relating to child sexual abuse or sexual molestation in our criminal law.
25

Equal protection of law envisaged in Article 25 of the Constitution of Pakistan 1973 means that no
person or class of persons would be denied same protection of law enjoyed by persons or other
class of persons in like circumstances in respect of their live, liberty, property or pursuit of
happiness. Persons similarly situated or in similar circumstances treated in same manner.
The concept embodied in Article 25 of the Constitution of Pakistan 1973 is similar to Article 7 of the
26
Universal Declaration of Human Rights . No discrimination allowed in case of children. Further,
27
Article 37(e) of the Constitution of Pakistan, 1973stipulates that the state shall make provisions for
ensuring equitable and humanitarian conditions of work for children and women ensuring that they
are not employed in vocations which are not suited to their age or sex.
28

Section 82 of the Pakistan Penal Code, 1860 provides that a child under the age of seven years is
29
30
not guilty of a crime. Section 375 PPC provides the definition for rape and section 376 PPC
31
provides punishment for rape. Section 377 PPC
deals with unnatural offences, e.g.,
32
sodomy.Section 3 of The Police Order 2002 provides thatit is the duty of police officials to aid
individuals who are in danger of physical harm particularly women and children.

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33

State versus Abdul Malik is a landmark judgment which establishes the basis for development of
laws relating to child sexual abuse in Pakistan. The High Court holds that the rape of a minor would
ordinarily result in feeling of fear and insecurity in society, therefore, the offence would be covered
by Anti-Terrorism Act, 1997. Secondly no law in Pakistan has defined child molestation. Most of the
foregoing acts have not been specifically made child molestation an offence in our criminal law. The
rape of a child is a serious form of child molestation and the punishment for zina-bil-jabrprovided in
34

Section 7 (Offence of Zina)Enforcement of Hudood Ordinance, 1979 . The act of child molestation
being a heinous offence tried by a special Court constituted to try terrorist offences. The Court
further holds that penal laws should amend to make the child sexual abuse offences punishable. The
35

High Court Further Holds that section 6 clause (c) Anti-Terrorism Act, 1997, appears to have
drafted in haste and child molestation in its various meanings have not been defined nor any
punishment prescribed for other types of child molestation. The High Court directs the Government
toexamine desirability of some affirmative action in the light of this judgment.
In another case titled as Akhter Ali Versus The State, it was held that the rape of a minor child is a
serious offence and a feature of horror.

5. EFFECTS OF CHILD SEXUAL ABUSE

The offence of child sexual abuse is the worst social crime in our society. It not only affects
the child victim but also his family and the society. Child sexual abuse killed the victims
childhood. It is a worst sin as described by almost every religion. The sexual abuse of
children affects us all. Sexual abuse of a child not only physically hurts the child but also
demolished them mentally. Child sexual abuse destroys the childs innocence. They will
never trust another adult due to the mishap they suffered in their life. Children cannot be used
for sexual intercourse as they are not physically or mentally grown up. Sexual intercourse
between a grown up man and five years old child cannot possible. This unrealistic behaviour
shows the mental sickness of the offender who sexually abused a child to satisfy his lust. This
is the behaviour of a monster and not a civilized person.
The sexual abuse of a child has very bad effects on the victim. It mentally destroyed a child
and the child become sexually aggressive. The child lost trust on his family and relatives in
case of familial sexual abuse.The child victim psychological suffers more serious and
dangerous consequences as compare to physical effects. They will affect by anxiety,
aggressiveness, guilty feeling and depression.
The sexual abuse of a child involves serious impacts on victims body, honour, privacy,
safety and right to independence.The victims life totally ruined and he becomes unable to
live a normal life. The child always feels used and dirty, thus mentally disturbed in his whole
life.
The child sexual abuse victim needs counseling, but unfortunately very few organizations in
Pakistan which provide counselling services to child abuse victims. Child sexual abuse
victims confidence shackles and he needs confidence building therapies.
6. PREVENTION AND ELIMINATION OF CHID SEXUAL ABUSE IN PAKISTAN
36

In the year 2010, a total number of 2595 cases reported of child sexual abuse in Pakistan .
Unfortunately, there is no official agency in Pakistan for maintaining the data of child sexual abuse
cases. The newspapers only highlighted the brutal nature of child sexual abuse cases such as rape or
sodomy resulted in murder of child. No child is safe in our society. We live in a state of fear. Every
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child is facing this fact alone. In our criminal justice system, the accused wil relaese in one or two
years due to the obsolete procedural laws which are not reponding to this brutal act as it deserves.
This crime costs us all. It is necessary keep this offence under control by process and enforcement of
law.

Preventive measures against child sexual abuse must improve an increased in number. The
most important is the development in the criminal justice system regarding the child sexual
abuse offences. The state cannot punish citizens without specific laws warning them that
particular conduct will be dealt with by way of punishment in a particular manner. The
criminal law is the strongest arm of all the normative systems of the society by which it
punishes, controls, curbs and prevents crime in the society. The evil has lived with the
mankind from its beginning and the society has to make continuous efforts to keep it at bay
and the criminal law keeps undergoing change to meet the new challenges. The basic purpose
of the criminal justice is to save the society from evil, to free it of crime. The criminal law
will interpret, apply and enforced in a manner to achieve these objectives.
Judges are particularly accountable to their conscience and more than this to Almighty Allah. A crime
free society can only be set up if every citizen irrespective of his colour, creed, religion and status is
to provide justice and in this respect court can play a vital major role.
The child not only faced sexual abuse but also faced the abuse of criminal justice system. We need a
comprehensive criminal justice system to eliminate child sexual abuse from our society, and this
object should only be achieved by awarding punishment to deter people from committing this
crime. Child molestation should include as an offence in the Anti-Terrorism Act, 1997.

Campaigns will launch to aware society about the child sexual abuse and exploitation. Media
and NGOs should play their effective role in these campaigns.
CONCLUSION
Islam pays great emphasis on family and child, it is the duty of parliament to enact the
necessary laws to safeguard the rights of the children. Security of persons is an essential
function of state and this purpose can only be achieved throughthe medium of criminal law.
Protection of society is the aim of law which must accomplish by imposing proper sentence.
Law should adopt the remedial machinery in operating the sentencing system. It will be a
denial of justice, when an accused was allowed to evade the major penalty while facing such
cruel acts. The court is responsible to award a proper sentence considering the nature of the
offence and the way in which the offence committed. The social effect of the crime, when it
relates to offences against children requires exemplary punishment. Child molestation affects
the childs dignity. The physical scar may heal up, but the scar on her soul will always
remain. The victim lost her valuable and priceless dignity.
This study on child sexual abuse expects to place the subject of child sexual abuse on the national
agenda. Need to discuss the issue of child sexual abuse in different forum. The central government,
provincial governments, civil society, families and children themselves need to understand the rights
perspective and together create the enabling environment wherein a child is protected from abuse
and exploitation. The momentum needs to be sustained and should be carried forward in the form
of a movement that will take all stakeholders along the road to sustainable development and create
a protective environment for the children of Pakistan.
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In a democracy, the State includes in three constitutional organs the Legislature, the Executive and
the Judiciary, which must play their effective and active role to combat child sexual abuse.It is the
fundamental duty of a state to protect children from sexual exploitation. Parliament legislate laws
and these laws effective only with the strict enforcement by the executive authorities. It is,
therefore, essential to develop model legislation covering all elements of child sexual abuse.

RECOMMENDATIONS FOR ADDRESSING ISSUES OF CHILD SEXUAL ABUSE

Based on the findings of the study, the following recommendations for addressing the issue of child
sexual abuse are proposed.

RECOMMENDATION RELATING TO LEGISLATURE

A comprehensive law should be enacted which will cover all offences relating to child sexual
abuse like the child sexual offences laws in USA, UK and India. Child molestation should
include as an offence in the Anti-Terrorism Act, 1997, triable by the special court established
under the Anti-Terrorism Act, 1997. The punishment awarded for child molestation will
enhance to death penalty or imprisonment for life. Parliament will amend the Criminal
Procedure Code, 1898 and the Qanun-e-Shahadat order, 1984 to fill gaps in the procedural
law. The age of child will declare 18 years instead of 7 years.
RECOMMENDATIONS TO THE TRIAL PROCESS
Child friendly procedure should introduce for recording the statement of a child in the court room.
The child can require the help of a translator or an expert. In case of disability, the child can take the
assistance of a special educator for communication. Statement of the child will record in his own
words. No aggressive questions allow toputto the child during his cross examination. Alternative
moods of recording evidence will introduceby amending the relevant laws such as video trial, the
use of screen, pre-recorded interviews of the victim child. Child evidence will record within 30 days.
Trials should conduct in-camera. The maximum period of one year should fix for conclusion of a trial.

RECOMMENDATIONS RELATING TO POLICY

The Juvenile Justice System Ordinance, 2000 needs to implement at every level in Pakistan.
The standard operating procedures should use effectively. The sexually abused children
should rehabilitate by counseling at the police station and in their houses. Training workshop
should conduct to train the judiciary, prosecution, defence lawyers and the law enforcement
agencies. Child sexual abuse should include in the law syllabus. Free legal aid cell should be
established in every bar association to aid sexual abuse victims.
RECOMMENDATIONS RELATING TO LAW ENFORCEMENT AGENCIES
An Anti-Child Sexual Offences Unit should establish in every police subdivision. A
monitoring cell should establish at the District Police Office for monitoring and collecting
data. Forensic Laboratory should fully equip with latest equipment. The investigation should
conduct by a sub-inspector, who will be responsible for recording the statement of the child
victim and registration of the First Information Report (FIR). The duty police officer shall
register the first information report (FIR) in the same words as narrated by the victim child.
The investigation officers should supportive and co-operative to the child and the family. The
police shall make arrangements for the medical examination and transportation to the hospital
of the child victim. The police officer should make proper arrangements for the childs visit
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to the court room. The investigation officer shall co-ordinate with the child victim and his
family during the pendency of the trial. Make use of proper investigative techniques. A
psychologist should be arranged for the child victim. This role should be assumed by the
public prosecutor.
SUGGESTIONS FOR FURTHER RESEARCH
Findings of the current study confirm a lacuna in the laws relating to child sexual abuse in Pakistan.
Further research need to enact laws for the elimination of child sexual abuse in Pakistan.
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26

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nd

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611