The Sindh High Court (SHC) has issued notices to the law and justice secretary, and National Database & Registration Authority (NADRA) director general (DG) on a petition seeking implementation of the Anti-Rape Trial and Investigation (ARTI) Act 2021.
The high court also directed a federal law officer to file a comprehensive report with regard to the implementation of the 2021 law.
The petitioner, M Tariq Mansoor, had submitted that the government had not implemented the ARTI Act 2021 in letter and spirit and several mandatory requirements of the law such as anti-rape crises cell, legal assistance, victim and witness protection and allocation of sufficient funds for setting up special courts had not been fulfilled yet.
He said the law had provided for the establishment of anti-rape crisis cells at every public hospital of the district, legal assistance for the victims, speedy trial proceedings and a witness protection programme, which were yet to be implemented by the provincial government.
He said that although there was a growing number of rape and violence incidents against women in the province, no action had been taken to enforce the law.
The SHC was informed that due to the government’s failure to implement the law, rape incidents had been increasing and accused were being acquitted because of defective investigations.
During the 2013-2020 period, the petitioner stated, a total of 2,995 rape incidents involving women and children were reported. In 2019, the number of reported cases was 407, which increased to 455 in 2020, he added.
The petitioner informed the high court that 2,000 rape-related cases had been registered in the recent years. He added that anti-rape crisis cells were to be established under the anti-rape law in each and every district of the province.
The high court was requested to direct the federal and provincial governments to establish anti-rape crisis cells, ensure legal assistance for rape victims through dedicated investigation and prosecution teams, and in-camera trials to protect the identity of rape victims.
The federal law officer sought time to submit the report about the implementation of the law.
A division bench of the high court headed by Justice Yousuf Ali Sayeed directed the officer to submit a comprehensive report in view of the statement of the petitioner with regard to non-implementation of the law on the next date of hearing.
The SHC also issued notices to the law and justice secretary and NADRA DG to ensure appearance of officers well-acquainted with the case.
