ISLAMABAD:
The Supreme Court has directed all Inspector General of Police (IGP) to design and implement effective mechanisms for the protection of girls attending schools, colleges and universities, particularly 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 the death sentence awarded to a sweeper for raping a 10-year-old girl, 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 distributed to all high courts, lower courts, federal and provincial judicial officers and all IGPs, ordered that visible patrolling should be ensured around educational institutions, public transport facilities, bus stops and routes used by girl students.
“All Provincial Inspectors General of Police and the Inspector General of Police of Islamabad Capital Territory shall design and implement effective mechanisms for the protection of girls attending schools, colleges and universities.
“Particular attention will be paid to complaints of harassment under section 509 of the CPP, stalking and other precursor crimes against women and children. Such complaints will be treated seriously, investigated promptly and acted upon without delay.
“Visible patrols should be ensured around educational institutions, public transport facilities, 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 regretted that a child as young as ten was not safe even in a school environment, a place that was expected to provide him with safety, learning and protection, and instead became a victim of sexual violence.
She said the case forced the court to examine the broader issue of girls’ safety in educational institutions and while on the move, stating that acts of harassment, stalking, intimidation and sexual misconduct often begin with conduct already recognized as criminal by law.
It noted that Section 509 PPC criminalizes conduct intended to insult a woman’s modesty, 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 highlighted that early police intervention at the harassment stage can prevent the situation from evolving into more serious crimes. “If a child is not safe in an educational institution, or while traveling to and from it, the constitutional promise of education, dignity, equality and personal security becomes illusory,” he added.
The ruling further held that the State’s obligation is not limited to establishing educational institutions, but also extends to ensuring that girls can attend them free of fear, intimidation, harassment and violence.
Regarding medico-legal infrastructure, the court observed that the quality of medico-legal examination, documentation and testimony is essential in sexual offense proceedings and depends on a trained, dedicated and adequately resourced medico-legal service.
He referred to the Sindh Medico-Legal Act, 2023 as a legislative model that provides for a regulated medico-legal service, a direction for its administration and criteria for the appointment of medico-legal officers.
The judgment suggested that the federal and provincial governments can adopt similar frameworks to establish a dedicated medico-legal cadre with structured training in forensic examinations of victims of sexual violence, appropriate appointment of women doctors and coordination with forensic science agencies.
The court directed the Attorney General of Pakistan, all provincial advocates general, health departments and police authorities to consider the observations for implementation in accordance with the law.
