ISLAMABAD:
The Supreme Court has directed all Inspectors General of Police (IGPs) to design and implement effective mechanisms for the protection of girls attending schools, colleges and universities, especially with regard to complaints of harassment, stalking and other crimes.
In an 18-page judgment written by Justice Salahuddin Panhwar while hearing an appeal against a death sentence handed down to a sweeper for raping a 10-year-old schoolgirl, the court stressed that such complaints must be treated seriously, investigated promptly and acted upon without delay.
The judgment, a copy of which was also distributed to all high and low courts, federal and provincial judicial officers and all IGPs, directed that visible patrolling be carried out around educational institutions, public transport facilities, bus stops and routes used by girl students.
“All Provincial Inspectors General of Police and Inspector General of Police Islamabad Capital Territory shall design and implement effective mechanisms for the protection of girls attending schools, colleges and universities.
“Particular attention should be given to complaints of harassment under section 509 PPC, criminal harassment and other precursor offenses against women and children. These complaints must be treated seriously, investigated promptly and responded to without delay.
“Visible patrols should be ensured around educational institutions, public transport, bus stops and routes commonly used by female students. Preventive policing, rather than post-crime reaction, should become the guiding principle in matters affecting the safety of girls,” he said.
The court lamented that a child of just ten years old was not safe even in a school environment, a place supposed to provide security, learning and protection, and was instead becoming a victim of sexual violence.
He said the case forced the court to examine the broader issue of girls’ safety in educational institutions and while traveling, saying acts of harassment, stalking, intimidation and sexual misconduct often begin with conduct already recognized as criminal under the law.
He noted that Article 509 PPC criminalizes behavior aimed at insulting a woman’s modesty, invading her privacy or subjecting her to harassment, adding that this provision also imposes an obligation on law enforcement agencies to respond quickly and effectively.
The court emphasized that early intervention by the police at the stage of harassment can prevent escalation to more serious offenses. “If a child is not safe in an educational establishment, or while traveling, the constitutional promise of education, dignity, equality and personal security becomes illusory,” he adds.
The judgment further holds that the State’s obligation is not limited to establishing educational institutions but also extends to ensuring that girls can attend them free from fear, intimidation, harassment and violence.
Regarding forensic infrastructure, the court observed that the quality of forensic examination, documentation and testimony is essential in the prosecution of sexual offenses and depends on a trained, dedicated and adequately resourced forensic service.
He referred to the Sindh Medico Legal Act, 2023 as a legislative model providing for a regulated medico-legal service, direction for its administration and criteria for appointment of medico-legal officers.
The judgment suggests that the federal and provincial governments could adopt similar frameworks to establish a dedicated medico-legal framework with structured training in forensic examination of victims of sexual violence, adequate appointment of female doctors and coordination with forensic agencies.
The court ordered the Attorney General of Pakistan, all Provincial Advocates General, health departments and police authorities to consider the submissions and implement them in accordance with law.
