| Type | Name |
|---|---|
| Act | Sindh Reproductive Healthcare Rights Act, 2019 |
| Act | The Sindh Women Agricultural Workers Act, 2019 |
| Act | Sindh Empowerment of Persons with Disability Act, 2017 |
| Act | Sind Commission on the Status of Women Act, 2016 |
| Act | Sindh Child Marriage Restraint, Act, 2013 |
| Act | Sindh Protection of Human Rights Act, 2013 |
| Act | Sind Child Protection Authority Act, 2013 |
| Act | Sindh Domestic Violence (Prevention and Protection) Act, 2013. |
| Act | Sindh Bonded Labour System (Abolition) Act, 2015 |
| Act | Sindh Hindu Marriage Act, 2016 |
| Act | The Sindh Prohibition of Corporal Punishment Act, 2016. |
| Act | Sindh Children Act, 1955 |
| Act | Sindh Protection & Promotion of Breast-Feeding and Young Child Nutrition Act, 2023 |
| Act | Sindh Home-Based Workers Act, 2018 |
| Act | Anti-rape (Investigation and Trial) Act, 2021 |
| Act | The Sindh Medicolegal Act 2023 |
This Gap Analysis is a collaborative initiative by UN Women and the Women’s Parliamentary Caucus (WPC) to identify gaps in Pakistan’s federal laws related to ending violence against women (EVAW). It critically examines how existing legislation aligns with international standards, such as CEDAW and the Sustainable Development Goals, and highlights areas needing reform for better protection and empowerment of women and girls.
The analysis was conducted through an in-depth legal review of federal laws, court rulings, and national data. It was followed by participatory technical consultative workshops held across major cities (Islamabad, Lahore, Karachi, Peshawar, Quetta), engaging diverse stakeholders including government bodies, legal experts, civil society, and academia. This inclusive, multi-sectoral approach ensured the findings reflect both legal frameworks and ground realities across Pakistan.
| Area | Issue | Legislation | Type of Gap | Gaps | Recommendations |
|---|---|---|---|---|---|
| EVAW LAWS | FEMALE INFANTICIDE | Normative Gaps | Ambiguous loopholes in criminal law sections 302, 328 and 329 of the Pakistan Penal Code, 1860 which fail to define the offence of female infanticide | Criminal Law Amendment in the Pakistan Penal Code, 1860 to define the offence of infanticide and criminalise such acts of violence | |
| EVAW LAWS | FEMALE INFANTICIDE | Normative Gaps | Section 302 (Qatl-e-Amd or Murder) of the Pakistan Penal Code, 1860 is compoundable in nature which creates legal loopholes for perpetrators | Criminal Law Amendment in the Code of Criminal Procedure, 1898 to ensure that acts of female infanticide are non-compoundable, non-bailable and cognisable | |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Normative Gaps | Restrictive definition of rape which excludes men and transgender women (who have not undergone surgery) from the law’s protection | Reform of the current definition of rape through Criminal Law Amendment to reflect gender neutrality and provide protection to all genders against rape |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Normative Gaps | Restrictive definition of rape which excludes certain sexual acts of penetration | Reform of the current definition of rape through Criminal Law Amendment to include all types of sexual acts of EVAW LAWS penetration as constituting the offence of rape |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Normative Gaps | Restrictive definition of rape which excludes object rape as a form of rape | Reform of the current definition of rape through Criminal Law Amendment to include a definition of object rape |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Normative Gaps | Absence of provisions stipulating harsher punishments in cases of incestuous rape | Criminal Law Amendment in section 376 of the Pakistan Penal Code, 1860 stipulating life imprisonment in cases of incestuous rape |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Normative Gaps | Judicial interpretations by higher courts restricting application of the offence of rape in cases where the child has been married after attaining puberty but before turning sixteen years of age | Criminal law amendment in section 375(v) expressly protecting girls under the age of sixteen from rape and child marriage or public interest litigation widening the scope of section 375(v) to protect girls under the age of sixteen years from sexual violence |
| EVAW LAWS | SEXUAL OFFENCES | Section 354 of the Pakistan Penal Code 1860: Assault or criminal force to woman with intent to outrage her modesty | Normative Gaps | Absence of a gender neutral law that would protect all genders from sexual assault which falls short of rape and sexual penetration but is more grievous than sexual harassment | Absence of a gender neutral law that would protect all genders from sexual assault which falls short of rape and sexual penetration but is more grievous than sexual harassment |
| EVAW LAWS | SEXUAL OFFENCES | Section 354-A of the Pakistan Penal Code 1860: Assault or use of criminal force to woman and stripping her of her clothes | Normative Gaps | Absence of a gender neutral law that would protect all genders from sexual assault which falls short of rape and sexual penetration but is more grievous than sexual harassment | Criminal Law Amendment in section 345 to define and criminalise acts of sexual assault that do not result in or fall short of sexual penetration |
| EVAW LAWS | SEXUAL OFFENCES | Section 375 of the Pakistan Penal Code 1860: Rape | Normative Gaps | Lack of consistency and proportionality in punishments related to sexual violence | Criminal Law Amendments in the Pakistan Penal Code, 1860 to amend punishments for acts of sexual violence by taking into account the nature of the crime and impact it would have on a victim/ survivor |
| EVAW LAWS | SEXUAL OFFENCES | Section 376(2) of the Pakistan Penal Code 1860: Punishment for Gang Rape | |||
| EVAW LAWS | SEXUAL OFFENCES | Section 376(2) of the Pakistan Penal Code 1860: Punishment for Gang Rape | |||
| EVAW LAWS | SEXUAL OFFENCES | Section 376(4) of the Pakistan Penal Code 1860: Punishment for Custodial Rape | |||
| EVAW LAWS | SEXUAL OFFENCES | Section 377 of the Pakistan Penal Code, 1860: Unnatural Offences | |||
| EVAW LAWS | SEXUAL OFFENCES | Section 377A of the Pakistan Penal Code 1860: Sexual Abuse | |||
| EVAW LAWS | SEXUAL OFFENCES | Section 509 of the Pakistan Penal Code 1860: Insulting modesty or causing sexual harassment | |||
| EVAW LAWS | SEXUAL HARASSMENT | The Protection against Harassment of Women at the Workplace Act 2010 (PAHWA) | Normative Gaps | Complainant is defined in PAHWA to include both men and women which is restrictive as it does not include transgender or inter-sex persons | Amendment in section 2(e) of PAHWA to delete ‘man’ and ‘woman’ and replace the terms with ‘persons’ to include all genders |
| EVAW LAWS | SEXUAL HARASSMENT | The Protection against Harassment of Women at the Workplace Act 2010 (PAHWA) | Normative Gaps | Absence of legal provisions to establish provincial FOSPAH offices to entertain complaints filed in the provinces against federal or trans-provincial institutions | Amendments in PAHWA to confer powers to set up provincial FOSPAH offices to entertain complaints against federal or trans-provincial institutions in other cities of Pakistan |
| EVAW LAWS | SEXUAL HARASSMENT | The Protection against Harassment of Women at the Workplace Act 2010 (PAHWA) | Normative Gaps | The title for the Secretariat and the official “Ombudsman” goes against the spirit and intention of the legislation | In line with amendments by Punjab and Khyber Pakhtunkhwa, the title should be amended in sections 7, 8 and 10 from “Ombudsman” to “Ombudsperson” |
| EVAW LAWS | CHILD MARRIAGE | Normative Gaps | Absence of a law that criminalises child marriage under the age of 18 as an offence for both girls and boys | Criminal Law Amendment in Chapter XX: ‘Offences Related to Marriage’ of the Pakistan Penal Code, 1860 to criminalise marriage of both girls and boys below the age of 18 years | |
| EVAW LAWS | DOMESTIC VIOLENCE | Normative Gaps | Absence of a law that criminalises domestic violence and punishes perpetrators who commit acts of domestic violence | Criminal Law Amendment in the Pakistan Penal Code 1860, with a clear definition of domestic violence and a penalty for domestic violence | |
| EVAW LAWS | DOMESTIC VIOLENCE | Normative Gaps | Lack of a comprehensive definition of domestic violence | Criminal Law Amendment in the Pakistan Penal Code 1860 must include psychological, verbal and economic abuse as acts of domestic violence | |
| EVAW LAWS | DOWRY RELATED VIOLENCE | Normative Gaps | Absence of a law criminalising acts of dowry-related violence. Current law is anachronistic in nature and regulates only dowry expenditure | Criminal Law Amendment in the Pakistan Penal Code, 1860 to define and criminalise acts of dowry related violence | |
| EVAW LAWS | NECROPHILIA | Normative Gaps | Absence of a law criminalising acts of necrophilia | Criminal Law Amendment in section 377 Code, 1860 ‘Unnatural Offences’ of the Pakistan Penal to define and criminalise acts of necrophilia all over Pakistan | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Normative Gaps | Complex legalities involving cases of digital crimes | Lack of a data protection legislation to safeguard consumer rights with increasing digital based entrepreneurship | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Normative Gaps | Lack of a data protection legislation to safeguard consumer rights with increasing digital based entrepreneurship | Lack of a data protection legislation to safeguard consumer rights with increasing digital based entrepreneurship | |
| FEDERAL LAWS RELATED TO DISCRIMINATION AND WOMEN’S RIGHTS | DISCRIMINATION IN THE LAW OF EVIDENCE | Normative Gaps | Discrimination on the basis of gender in Qanun-e-Shahadat Order 1984 | Amendment in Article 17 of the Qanun-eShahadat Order, 1984 to provide equal evidentiary value to men and women in attestation of financial and future obligations | |
| FEDERAL LAWS RELATED TO DISCRIMINATION AND WOMEN’S RIGHTS | DISCRIMINATION IN THE LAW OF CITIZENSHIP | Normative Gaps | Discrimination on the basis of gender in the Citizenship Act, 1951 | Amendment in the Citizenship Act, 1951 to include provisions for a Pakistani woman to transfer her nationality to her foreign husband |
| Area | Issue | Legislation | Type of Gap | Gaps | Recommendations |
|---|---|---|---|---|---|
| EVAW LAWS | HONOUR KILLING | Criminal Law (Amendment) (Offences in the Name or Pretext of Honour) Act 2016 | Implementation Gaps | Lack of awareness amongst legal fraternity and judiciary regarding the new criminal amendment in order to implement it | Awareness-raising of legal fraternity and judiciary regarding the 2016 criminal amendment to ensure implementation of 25 25 the ‘fasad-fil-arz’ provision to be applied in cases of honour killing |
| EVAW LAWS | HONOUR KILLING | Criminal Law (Amendment) (Offences in the Name or Pretext of Honour) Act 2016 | Implementation Gaps | Jurisdiction of honour crimes vested with ordinary courts whereas they were formerly entertained by anti-terrorism courts. | Jurisdiction of honour crimes to be vested with anti-terrorism courts owing to the nature of the crime thereby making the offence non-bailable, cognisable and non-compoundable |
| EVAW LAWS | ACID AND BURN CRIMES | The Criminal Law (Second Amendment) Act 2011 | Implementation Gaps | Lack of awareness and sensitisation amongst law enforcement agencies who are reported to have filed cases of acid and burn crimes against incorrect provisions of the Pakistan Penal Code, 1860 | Awareness and sensitisation of law enforcement agencies regarding the correct provisions of Pakistan Penal Code, 1860 for acid and burn crimes |
| EVAW LAWS | HUMAN TRAFFICKING | The Prevention of Trafficking in Persons Act 2018 | Implementation Gaps | Extreme lack of sensitisation on the part of law enforcement agencies to understand the power differential between victims and traffickers and subsequent involvement of victims into activities which may be criminal in nature | Sensitisation and awareness amongst law enforcement agencies to understand the protections afforded to victims in the law and ensure that victims of trafficking are not charged as perpetrators where they have been involved in criminal activities. |
| EVAW LAWS | HUMAN TRAFFICKING | The Prevention of Trafficking in Persons Act 2018 | Implementation Gaps | Lack of clarity regarding responsible agency for trans-provincial trafficking of persons | Amendment in the Prevention of Trafficking in Persons Act 2018 to explicitly state responsible agency for trans provincial trafficking in persons |
| EVAW LAWS | HUMAN TRAFFICKING | The Prevention of Trafficking in Persons Act 2018 | Implementation Gaps | Lack of sensitisation of law enforcement agencies, legal fraternity and judiciary regarding the wide definition of ‘trafficking’ to include child domestic servitude as well | Sensitisation of law enforcement agencies, legal fraternity and judiciary to implement the law as per legislative intention to provide relief to all victims of trafficking |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Absence of a revised Code of Conduct for public servants (medico-legal officers, police, forensic technicians employed by the government and otherwise), which stipulate sections 166(2) and 186 Pakistan Penal Code, 1860 attracting a punishment of up to three years for failing to diligently investigate cases | Formulation of a revised Code of Conduct for public servants appraising them of their liabilities and possible punishments under the 2016 amendments |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Absence of a Standard Protocol as per section 376-A Pakistan Penal Code, 1860 regarding disclosure of identity of the rape victim to be followed by police, lawyers, judiciary, media personnel etc | Formulation of Standard Protocol delineating authorisation process when identity of a rape victim can be revealed and the punishment for disclosing identity of rape victim without proper authorisation as per section 376-A Pakistan Penal Code, 1860 |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Absence of revised Standard Operating Procedures for Medico-Legal Officers as per sections 53-A and 164-A Code of Criminal Procedure, 1898 | Formulation of Standard Operating Procedures for Medico-Legal Officers to reflect the requirements and particulars enunciated in sections 53-A and 164-A Code of Criminal Procedure, 1898 |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Lack of awareness and sensitisation of law enforcement agencies regarding relaxations given to rape victims as per sections 154 and 161 Code of Criminal Procedure, 1898 | Sensitisation of law enforcement agencies, in particular the Police, to facilitate rape victims by invoking sections 154 and 161 Code of Criminal Procedure, 1898 |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Lack of implementation of Supreme Court Directive requiring police stations to maintain a register of reputable civil society organisations to request facilitation in cases of rape | Development of database of credible civil society organisations for police stations to contact in cases of rape |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Lack of awareness and implementation of three-month time frame for rape trials | Sensitisation of judiciary, legal fraternity and law enforcement agencies to conclude rape trials within the three-month time frame |
| EVAW LAWS | RAPE | The Protection of Women (Criminal Laws Amendment) Act 2006 | Implementation Gaps | Lack of implementation of Supreme Court Directive requiring screens or other arrangements to be made for rape victims and witnesses so that they do not have to face the accused | Sensitisation of judiciary, legal fraternity and law enforcement agencies to implement the Supreme Court Directive requiring screens or other arrangements to be made for rape victims and witnesses so that they do not have to face the accused |
| EVAW LAWS | SEXUAL HARASSMENT | The Protection against Harassment of Women at the Workplace Act 2010 (PAHWA) | Implementation Gaps | Inadequate monitoring and compliance mechanism under section 11(3) of PAHWA | Amendment in section 11(3) of PAHWA to grant jurisdiction to Ombudsman to ensure compliance with the law |
| EVAW LAWS | SEXUAL HARASSMENT | The Criminal Law (Amendment) Act 2010: 509 | Implementation Gaps | Inefficacy of the section 509 provision to ensure criminal prosecution of sexual harassment | Amendment in Schedule II of the Code of Criminal Procedure 1898 to make the offence cognisable |
| EVAW LAWS | HARMFUL CUSTOMARY PRACTICES AGAINST WOMEN AND GIRLS | The Criminal Law (Third Amendment) Act 2011 | Implementation Gaps | Criminal offences defined and amended in the Criminal Law (Third Amendment) Act 2011 are non-cognisable | Criminal offences defined and amended in the Criminal Law (Third Amendment) Act 2011 are non-cognisable |
| EVAW LAWS | HARMFUL CUSTOMARY PRACTICES AGAINST WOMEN AND GIRLS | The Criminal Law (Third Amendment) Act 2011 | Implementation Gaps | Law enforcement agencies and legal fraternity still treat practices such as forced marriage, depriving women from inheriting property, swara/ vani and marriage with the Holy Quran as private matters rather than offences against women | Sensitisation of law enforcement agencies and legal fraternity to report and prosecute harmful customary practices against women and girls under 2011 Amendment Act as non-compoundable offences where the parties cannot enter into a compromise |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Implementation Gaps | Lack of gender sensitisation of FIA officials in dealing with cases of modesty of natural persons where the complainants are mostly women | Sensitisation and capacity building of FIA officials in registering and investigating cases involving modesty of women/ harassment in online spaces | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Implementation Gaps | Lack of trained and technical staff NR3C offices resulting in delayed investigation procedures | Allocation of technical human resources at NR3C offices for efficient operations | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Implementation Gaps | Allocation of technical human resources at NR3C offices for efficient operations | Signing Mutual Legal Assistance Treaties (MLATs) with countries basing social media companies to effectively deal with digital crimes, especially online abuse | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Implementation Gaps | Lack of technical capacity of law enforcement agencies, legal fraternity and judiciary in dealing with digital crimes | Technical capacity building of law enforcement agencies, legal fraternity and judiciary regarding digital crimes | |
| EVAW LAWS | CYBER CRIMES AGAINST WOMEN | Implementation Gaps | Technical capacity building of law enforcement agencies, legal fraternity and judiciary regarding digital crimes | Affirmative action for employment of women prosecutors and investigators in the Federal Investigation Agency |