Is ‘marital rape’ recognized as a crime in Pakistani law?

The law presents five conditions under which a woman is said to have been raped.

Marital rape Pakistan

The Associate Director of the Legal Aid Society, Maliha Zia Lari, has stated that many people do not know about Pakistan’s rape laws.

The Associate Director added, “There was a time when the law did not recognize marital rape. The Enforcement of Hudood Ordinance, 1979 described rape as a man having forced sexual intercourse with a woman who is not his wife. She explained, “The wordings meant that a man is incapable of raping his wife.”

In 2006, the law was revised. The current law, Section 375 of the Pakistan Penal Code, says, “A man is said to commit rape who has sexual acts with a woman without her approval,” Lari added.

The change in wordings now shows that the country does acknowledge marital rape as a punishable crime.

However, there are other aspects of the constitution, which people do not entirely understand. The law presents five conditions under which a woman is said to have been raped.
Without a woman’s consent

It means that a conscious woman can give her consent. An unconscious woman or anyone who has any disability cannot give their consent, Lari clarified.

Against woman’s will

This means that a woman could have articulated her approval and kept on saying no, but still, a man forced himself on her.

Fake marriage

The third condition deals with a woman granting her consensus, believing that she is married when, in reality, the man has been deceiving her. It is common in cases where men get fake marriage certificates, the director said.

Threatening a woman

The Fourth situation deals with obtaining a woman’s consent by threatening her. She may be afraid that if she resists, it will pose a threat to her and her family members’ lives.

Under 16 years of age

A man who has sexual intercourse with a female who is 16 years or younger is said to have committed rape. It does not matter if she gave her consent or not, Lari added.

What are your thoughts about this? Share in the comment section below.

  • What a shameless losers are the ones who raise such issues, post it, and offer their platform to propagate it. Inna Lillah Hi Wa Inna Alaihi Rajaoon.

  • off course a feminist wrote this article its obvious a rape is a rape regardless if its in marriage or not

    there are many women who have intercourse with underage boys and yet this feminist only is blaming men

    • Do you think the concept of “Marital Rape” exists in Islam? If so, please give reference.

  • کیا آپ نے کبھی قرآن اور حدیث کا مطالعہ کیا ہے ؟ مجھے پورا یقین ہے کہ آپ نے نہیں کیا ہوگا ورنہ اس قسم کے
    فضول ٹاپک آپ منتخب ہے نہ کرتی۔
    مزید برآں یہ کے آپ کے یہ بلاگز جوان لڑکے اور لڑکیاں بھی ضرور پڑھتی ہونگی تو اُن کو آپ کیا میسج دینا چاہتی ہے ؟

  • Ya Sahi bat ha jb Larki ka dil kia larkey k agye kud late gi tu rape na hova or jb Na dil kia or larkey ny kia tu Rape hogya chahey Bv he kun na. Wtfk.

  • یارہ ٹائیٹل آپ اردو کا لگاتے ہو اور جب لنک کھولتے ہیں تو انگلش؟ یہ کیا مزاق ہے

  • Is their any law in Pakistan about Woman rapes a man … Lets define correctly first “Rape is a criminal activity where a powerful person (either man or woman) subdue a weak person (either man or woman) and forcefully (with or with out consent) do the sexual act …

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