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SC orders protection of female students

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ISLAMABAD:

The Supreme Court has ordered all inspectors general 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 authored 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 emphasized that such complaints must be treated seriously, investigated promptly, and acted upon without delay.

The judgment, a copy of which was also circulated to all high courts, lower courts, federal and provincial law officers, and all IGPs, directed that visible patrolling must be ensured around educational institutions, public transport facilities, bus stops, and routes used by female students.

“All Provincial Inspectors General 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.

“Particular attention shall be paid to complaints of harassment under Section 509 PPC, stalking, and other precursor offences against women and children. Such complaints shall be treated seriously, investigated promptly, and acted upon without delay.

“Visible patrolling shall be ensured around educational institutions, public transport facilities, bus stops, and routes commonly used by female students. Preventive policing, rather than post-crime reaction, must become the governing principle in matters affecting the safety of girls,” it stated.

The court lamented that a child of merely ten years was not safe even within a school environment, a place expected to provide security, learning, and protection, and instead became a victim of sexual violence.

It said the case compelled the court to examine the broader question of safety for girls in educational institutions and during their commute, stating that acts of harassment, stalking, intimidation, and sexual misconduct often begin with conduct already recognized as criminal under law.

It noted that Section 509 PPC criminalizes conduct intended to insult the modesty of a woman, invade her privacy, or subject her to harassment, adding that the provision also places an obligation on law enforcement agencies to respond promptly and effectively.

The court stressed that early police intervention at the harassment stage may prevent escalation into more serious offences. “If a child is not secure in an educational institution, or while travelling to and from it, the constitutional promise of education, dignity, equality, and personal security becomes illusory,” it added.

The judgment further held that the state’s obligation is not limited to establishing educational institutions but extends equally to ensuring that girls can attend them free from fear, intimidation, harassment, and violence.

On medico-legal infrastructure, the court observed that the quality of medico-legal examination, documentation, and testimony is critical in sexual offence prosecutions and depends on a trained, dedicated, and properly resourced medico-legal service.

It referred to the Sindh Medico Legal Act, 2023 as a legislative model 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 cadre with structured training in forensic examination of sexual violence victims, adequate appointment of women medical officers, and coordination with forensic science agencies.

The court directed the Attorney General for Pakistan, all provincial advocate generals, health departments, and police authorities to consider the observations for implementation in accordance with law.



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