ISLAMABAD:
The Supreme Court has ordered all Inspector Generals of Police (IGPs) to devise and implement effective mechanisms for the protection of girls attending schools, colleges and universities, particularly regarding complaints of harassment, stalking and other offences.
In an 18-page judgment penned by Justice Salahuddin Panhwar, while hearing an appeal against a death sentence awarded to a sweeper for raping a 10-year-old schoolgirl, the court stressed that such complaints must be taken seriously, investigated promptly and acted upon without delay.
The judgment, a copy of which was also circulated to all Supreme Courts, lower courts, federal and provincial attorneys general and all IGPs, directed that visible patrolling be ensured around educational institutions, public transport facilities, bus stops and routes used by women students.
“All Provincial Inspector Generals of Police and the Inspector General, Islamabad Capital Territory Police shall devise and implement effective mechanisms for the protection of girls attending schools, colleges and universities.
“Special attention shall be given to complaints of harassment under Section 509 PPC, stalking and other precursor offenses against women and children. Such complaints shall be taken seriously, investigated promptly and dealt with without delay.
“Visible patrolling must be ensured around educational institutions, public transport facilities, bus stops and routes commonly used by female students. Preventive policing, rather than post-crime response, must become the guiding principle in matters affecting girls’ safety,” it said.
The court lamented that a child of only ten years of age was not safe, even in a school environment, a place expected to provide security, learning and protection, and instead became a victim of sexual violence.
The case said the case forced the court to examine the broader issue of safety for girls in educational institutions and during their commute, stating that harassment, stalking, intimidation and sexual misconduct often begin with behavior already recognized as criminal under the law.
It noted that Section 509 PPC criminalizes conduct intended to offend a woman’s modesty, invade her privacy or subject her to harassment, adding that the provision also imposes an obligation on law enforcement agencies to respond quickly and effectively.
The court emphasized that early police intervention at the harassment stage can prevent escalation to more serious offences. “If a child is not safe in an educational institution or while traveling to and from it, the constitutional promise of education, dignity, equality and personal safety becomes illusory,” it added.
The judgment further held that the state’s obligation is not limited to establishing educational institutions but also extends to ensuring that girls can attend them without fear, intimidation, harassment and violence.
Regarding medico-legal infrastructure, the court noted that the quality of medico-legal investigation, documentation and testimony is critical in the prosecution of sexual crimes and depends on a trained, dedicated and adequately resourced medico-legal service.
It referred to the Sindh Medico Legal Act, 2023 as a model law providing for a regulated medico-legal service, a directorate for its administration and criteria for appointment of medico-legal officers.
The judgment suggested that the federal and provincial governments may adopt similar frameworks to establish a dedicated medico-legal framework with structured training in forensic examinations of victims of sexual violence, appropriate appointment of female doctors and coordination with forensic agencies.
The court directed the Attorney General of Pakistan, all provincial attorneys general, health departments and police authorities to consider the observations for implementation in accordance with the law.
