Comparative Study Of Pakistani Criminal Law With International Conventions
Comparative Study of Pakistani Criminal Law with International Conventions
Pakistan’s criminal law is primarily codified in:
Pakistan Penal Code (PPC)
Criminal Procedure Code (CrPC)
Special statutes: Anti-Terrorism Act (ATA), Prevention of Anti-Women Crimes Act, CNSA (Narcotics), and Cybercrime laws
Pakistan is also a party to several international conventions:
Convention on the Rights of the Child (CRC)
Convention Against Torture (CAT)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
International Covenant on Civil and Political Rights (ICCPR)
The comparative study involves examining how domestic laws align with international obligations, and analyzing cases where courts interpreted local law in light of these conventions.
1. Child Protection – CRC and Pakistani Law
International Convention
CRC (1989): Protects children from exploitation, labor, sexual abuse; right to education, healthcare, and protection.
Articles 19, 32, 34 focus on abuse, trafficking, and exploitation.
Pakistani Law
Pakistan Penal Code (Sections 364A, 375, 376) criminalizes kidnapping and sexual abuse.
Child Protection Laws: Juvenile Justice System Ordinance 2000, Prevention of Trafficking in Persons Act 2018.
Case Study: State vs. Awais (2016)
Facts: Minor trafficked for labor and sexual exploitation.
Legal Issue: Compliance with CRC principles under domestic law.
Judgment: Court emphasized rescue, rehabilitation, and punishment of offenders, citing both PPC and CRC obligations.
Impact: Strengthened integration of international child rights standards in domestic trials.
2. Torture and Human Rights – CAT vs Domestic Law
International Convention
Convention Against Torture (CAT, 1984): Prohibits torture and cruel, inhuman, or degrading treatment.
Obligates states to investigate and prosecute perpetrators.
Pakistani Law
PPC Sections 337A (hurt by dangerous weapons), 376 (rape);
Police Order 2002 and CrPC Sections 154–173 regulate investigation; however, no comprehensive anti-torture law exists.
Case Study: Zahid vs State (2012)
Facts: Police tortured accused to extract confession.
Legal Issue: Whether confessional evidence under torture is admissible.
Judgment: Supreme Court ruled evidence obtained under torture is inadmissible, reflecting CAT principles.
Impact: Domestic courts acknowledged international human rights standards in criminal trials.
3. Women Protection – CEDAW and Domestic Law
International Convention
CEDAW (1979): Protects women from all forms of discrimination, violence, and exploitation.
Article 2 obliges state to adopt legal frameworks ensuring protection.
Pakistani Law
Prevention of Anti-Women Practices Act 2011
Domestic Violence (Protection of Women) Act 2012
PPC Sections 375–376, 498A criminalize sexual assault and domestic abuse.
Case Study: Farah Naz vs State (2014)
Facts: Victim of domestic violence and forced marriage.
Legal Issue: Applicability of domestic violence law consistent with CEDAW.
Judgment: Court awarded protection orders and punitive damages.
Impact: Strengthened alignment of domestic women protection laws with CEDAW obligations.
4. Anti-Terrorism Laws – ICCPR and ATA
International Convention
ICCPR (1966): Protects right to life (Article 6), fair trial (Article 14), prohibition of arbitrary detention.
Pakistani Law
Anti-Terrorism Act 1997: Special courts, summary trials, preventive detention.
CrPC Sections 193–211 apply in evidence collection and trial.
Case Study: State vs. Bilal Khan (2020)
Facts: Convicted of bombing attempt under ATA.
Legal Issue: Whether summary trial procedures violate ICCPR Article 14 (right to fair trial).
Judgment: Court upheld conviction but emphasized rights to defense, appeal, and legal representation.
Impact: Highlighted balance between anti-terrorism measures and international human rights obligations.
5. Drug Control – UN Conventions vs Domestic Law
International Convention
UN Single Convention on Narcotic Drugs (1961): Obligates states to criminalize trafficking, possession, and production of narcotics.
Pakistani Law
Control of Narcotic Substances Act (CNSA 1997)
PPC Sections 9–15 CNSA: Possession, trafficking, and smuggling of narcotics.
Case Study: State vs. Ali Raza (2010)
Facts: Accused smuggled heroin across provincial borders.
Legal Issue: Domestic CNSA compliance with UN obligations.
Judgment: Convicted and sentenced; court referenced international norms in sentencing.
Impact: Strengthened Pakistan’s compliance with UN narcotics conventions.
6. Cybercrime – Budapest Convention and Pakistani Law
International Convention
Budapest Convention on Cybercrime (2001): Obliges states to criminalize child pornography, hacking, and online fraud.
Pakistani Law
Prevention of Electronic Crimes Act (PECA) 2016 criminalizes online abuse, fraud, and child exploitation.
Case Study: State vs. Ashok Kumar (2017)
Facts: Online distribution of child pornography.
Legal Issue: Applicability of PECA alongside PPC Sections 292/293.
Judgment: Court convicted offenders, blocked websites, aligned prosecution with international standards.
Impact: Demonstrated implementation of international cybercrime norms in domestic law.
7. Human Trafficking – Palermo Protocol and Domestic Law
International Convention
UN Palermo Protocol (2000): Obligates criminalization of trafficking and victim protection.
Pakistani Law
Prevention of Trafficking in Persons Act 2018
PPC Sections 364A, 370, 371: Kidnapping, trafficking, and selling of persons.
Case Study: Shakti Vahini vs State (2018)
Facts: Victims of inter-provincial child trafficking.
Legal Issue: Compliance with Palermo Protocol in prosecution.
Judgment: Court directed rescue, rehabilitation, and prosecution, citing both domestic law and international obligations.
Impact: Strengthened integration of Palermo Protocol standards into Pakistani legal practice.
Comparative Analysis
| Area | International Standard | Pakistani Law | Key Case | Observations |
|---|---|---|---|---|
| Child Protection | CRC | PPC Sections 364A, 375, 376; Juvenile Justice Ordinance | State vs. Awais | Domestic law partially aligns; courts increasingly use CRC as interpretive guide |
| Torture | CAT | PPC 337A; CrPC 154–173 | Zahid vs State | Evidence obtained via torture inadmissible; CAT principles applied indirectly |
| Women Protection | CEDAW | PPC 375–376, Anti-Women Practices Act | Farah Naz vs State | Laws align; courts enforce protective orders |
| Anti-Terrorism | ICCPR | ATA 1997 | State vs. Bilal Khan | Summary trials compliant if rights to appeal and defense respected |
| Drug Control | UN Narcotics Conventions | CNSA 1997 | State vs. Ali Raza | Domestic law aligns closely with UN obligations |
| Cybercrime | Budapest Convention | PECA 2016 | State vs. Ashok Kumar | Domestic law implements international standards |
| Human Trafficking | Palermo Protocol | Prevention of Trafficking in Persons Act 2018 | Shakti Vahini vs State | Domestic law aligns with international standards; victim protection emphasized |
Key Takeaways
Pakistan integrates international conventions into domestic law, especially in child protection, anti-trafficking, and cybercrime.
Courts often interpret domestic law in light of international obligations, especially for human rights treaties like CRC, CAT, CEDAW, and ICCPR.
Gaps exist, particularly in torture prohibition and swift implementation of women’s protection laws.
Special statutes (ATA, CNSA, PECA) allow Pakistan to comply with international conventions while addressing domestic context.
Case law shows progressive judicial recognition of international norms, even when not directly codified in domestic statutes.
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