A Dual-faceted Deterrence Model: Combatting GBV through Conviction Certainty and Rehabilitation
Shahyan Naeem is a Research Assistant at the Centre for Human Rights (CFHR).
Pakistan has failed its women more times than one can forgive. Be it the 17-years-old Sana Yousaf who was killed in cold blood inside her home; or Bano Bibi who was murdered in the name of honour for marrying of her own choice; or the newly-wed Shanti who was brutally raped by her own husband resulting in her death; no woman or girl is safe. There is a recurring pattern of obnoxious phallocentrism in Pakistan where men violently oppress women, driven by logic alien to human empathy and justice. Despite these recurring instances of gender-based violence (GBV) – of which the preceding cases are only illustrative – lawmakers have passed a bill, reducing sentences for a gender-based crime, without offering a meaningful strategy to prevent recurrence.
This piece will first examine Pakistan’s precarious record in protecting women, as reflected in the high incidence of gender-based crimes, rooted in patriarchy and male-dominance. It will then argue that, in this context, reducing sentences for a gender-based crime without a meaningful strategy is neither a feasible solution, nor does it counter the recurrence of GBV crimes. Instead, this piece proposes a dual-faceted approach: increasing certainty of conviction and focusing on offender rehabilitation. While the former enhances deterrence, the latter counters patriarchal attitudes underlying GBV, aiming to dismantle male dominance and foster a more equitable society through reduced recidivism.
Patriarchal Structures and Violence against Women
The reality of women in Pakistan remains dire and deeply disturbing, with Pakistan ranking last — 148th out of 148 countries — in the World Economic Forum’s Global Gender Gap Report (2025). Furthermore, Pakistan was ranked 158 out of 177 by the Georgetown Institute’s Women, Peace and Security Index, highlighting the appalling conditions faced by women across the country. These include sharp declines in economic participation, limited political empowerment, compounded with the legal system’s persistent failure to protect women from GBV. This is seconded by the surging rates of gender-based crimes, with over 32,000 GBV cases being reported nationwide in 2024 alone. Whereas, the conviction rates for gender-based crimes remain abysmally low – 0.5% for rape and honour killings, 1.3% for domestic violence, and 0.1% for kidnapping/abduction.
Beneath the alarming rates of GBV, and the dismal conviction record lies a deeper, systemic problem – patriarchy, which has normalised the subordination and oppression of women in Pakistan. These practices subordinate women in both public and private spaces, ultimately forming a male-dominated society. This society operates in a deeply structured manner where voices of women are devalued, and patriarchy is internalised to the extent that it is often perceived as ordinary. This is reflected in the data indicating that young women are more likely to justify intimate partner abuse and reinforce male dominance. In addition, the tacit approval of the state, in failing to dismantle illegal practices such as jirgas or tribal councils that impose regressive, and hazardous practices, targeting women further perpetuates patriarchal control and domination. Compounding the problem is the snail-paced operation of the legal system and victim blaming by high level state officials. These are but glimpses of a deeper institutional failure rooted in the power-powerless divide between the genders. It is this power imbalance that not only underpins the persistent occurrence, but also the lack of accountability of gender-based crimes – Pakistan’s Apex Court underscored the former with respect to sexual harassment linking it to power dynamics and its social reinforcement, and it is this which requires redress.
Eroding Deterrence and the Perils of Incomplete Reform
Instead of addressing the underlying issues that contribute to the recurrence of GBV crimes, the Senate has passed a bill that merely weakens the sanctions in a gender-based crime, offering no meaningful strategy to eliminate recurrence. The amending provision targets Section 354-A of the Pakistan Penal Code; crime of assaulting or using criminal force to any woman and stripping her of her clothes, punishable with life imprisonment or death, alongside a fine and forfeiture of property. The Criminal Laws (Amendment) Bill 2025 passed by the Senate omits the death penalty from the aforesaid offence, thereby leaving only imprisonment for life and forfeiture of property coupled with a fine behind. The Bill forms an attempt to align Pakistan’s position with its international obligations under GSP+ trade agreement with the European Union, which requires doing away with the death penalty to the most serious crimes. Although this move reflects Pakistan’s willingness to align with international expectations, the deeper issue persists – whether such alignment translates into meaningful deterrence?
The Law Minister correctly noted that harsh penalties don’t ensure deterrence, yet the bill offers no measures to deter future offences, apart from incarceration as the primary penalty. There are significant concerns on the incarceration route as well – considering that conviction rates in gender-based offences are critically low, as identified above. Besides this, research suggests that while incarceration; the main penalty in the amended form of Section 354-A, may deter crimes temporarily, it tends to increase their criminality after release. The foregoing evidence highlights that incarceration, at best, deters crime temporarily, thereby requiring a more effective approach to counter GBV, built upon conviction certainty and rehabilitation.
The Convergence of Conviction Certainty and Rehabilitation
The first step of the effective approach requires supplementing the weakening of sanctions with greater conviction rates, since certainty of conviction has proven to be a deterrent. Certainty here refers to the probability of an offender being successfully sanctioned for the commission of a crime; this matters because offenders are dissuaded not by the severity of punishment alone but by the perceived inevitability of law enforcement and sanction. This can be achieved through various routes including firstly, improving the current state of investigation, ensuring that sufficient amounts of evidence is carried forth maximising the possibility of securing a conviction. This is only possible where the alleged crime scene is properly safeguarded allowing preservation of evidence, alongside strict compliance by the Police Investigation Officers (IOs) with SOPs and guidelines recommended for GBV cases. For forensic and DNA testing, due care must be exercised especially keeping in view the relevant policies of the forensic agencies. The process for submission of challan by GBV IOs is at present quite lengthy as well, and must be shortened for swift justice. Furthermore, a revamping of the prosecution and judicial bodies is a must; these not only lack adequate representation of women, but are also quite overburdened considering their short-staffed nature. Another feasible step that the state should make in this regard, is clarifying the jurisdiction of the pre-existing GBV courts, that provided a victim-friendly environment, and expanding their scope since they have had a tremendous impact in increasing the conviction rates of GBV cases. It is only through a victim-friendly environment that one can envisage a safer space for women.
In addition to increasing the certainty of conviction, a course of action that must be adopted is rehabilitation as an additional sentencing measure, since punitive measures alone are insufficient to ensure deterrence. Rehabilitation measures have been recognised as an essential aspect in reducing GBV because working with perpetrators of GBV can contribute to a wider process of cultural and political change, thereby abolishing gender hierarchies, patriarchy and different forms of violence against women that have embedded themselves within the society. At the international level, the UN Handbook for Legislation on Violence against Women foresaw intervention programmes and alternative sentencing measures for perpetrators of violence against women, which prepared ground for a specific article in the Istanbul Convention. Article 16 of the Convention requires states to take the necessary legislative or other measures to set up or support treatment programmes aimed at reducing recidivism for sex offences. Such programmes have at their core encouragement for the perpetrators to take responsibility for their actions, and examine their attitudes and beliefs towards women. Focusing specifically on GBV, Georgia is notable for launching a Rehabilitation Programme on Management of Violent Behaviour, Gender Based Violence, with UN Women, aiming at the reduction and elimination of GBV through the modification of sexist and discriminatory conduct. The rehabilitative methodology has also been successful, for example, programmes targeting domestic violence in California, noted reduced re-offending rates for those who had completed the programmes.
In Pakistan’s context, there is a dire need to complement the enhancement of conviction rates with rehabilitative interventions addressing entrenched discriminatory and patriarchal norms, beyond just the scope of domestic violence, which Sindh at the moment covers. These norms underpin the persistent recurrence of GBV and remain insufficiently addressed by prevailing punitive measures. State sponsored and court-mandated reformation programmes, akin to those implemented in Georgia and other jurisdictions, must be established to ensure behavioral reform, thereby, ensuring a safer and more inclusive environment for all. Furthermore, in relation to honour crimes, there are two additional facets that the state must specifically focus on; first, a state-led cultural transformation, rooting out the customs that form the inherent basis for such crimes, alongside campaigns that exemplify for all the illegality and barbarity of such acts. Secondly, abolishing all tribal councils or jirgas that operate across Pakistan, since it is often them that perpetrate anti-women practices and act as a precursor to violence against women.
Conclusion
Pakistan finds itself at a troubling crossroads in tackling the persistent threat of GBV; rates of which are climbing at an alarming pace, whereas conviction rates are buried in the graveyard of systemic inefficiency. In such conditions, passing of a law that merely weakens sanctions in a GBV crime without adopting a meaningful and reformed strategy to ensure deterrence, is catastrophic. True progress requires a dual faceted approach; policies focusing on increasing certainty of conviction, as expounded above, compounded with rehabilitation programmes for perpetrators – approaches that have demonstrably reduced recidivism. For honour crimes specifically, additional two facets; rooting out unlawful customs, and putting an end to the jirga systems, are necessary to ensure an end to such atrocious forms of violence. Further, it is only through this cultural, legal and societal change that the gendered chessboard can be shifted, and women in Pakistan can for once, feel safe.
Disclaimer: Any and all opinions and views represented in this blog are personal and belong solely to the author(s) of the blog and do not represent the opinions or views of the Centre for Human Rights.
Shahyan Naeem is a Research Assistant at the Centre for Human Rights (CFHR).
Pakistan has failed its women more times than one can forgive. Be it the 17-years-old Sana Yousaf who was killed in cold blood inside her home; or Bano Bibi who was murdered in the name of honour for marrying of her own choice; or the newly-wed Shanti who was brutally raped by her own husband resulting in her death; no woman or girl is safe. There is a recurring pattern of obnoxious phallocentrism in Pakistan where men violently oppress women, driven by logic alien to human empathy and justice. Despite these recurring instances of gender-based violence (GBV) – of which the preceding cases are only illustrative – lawmakers have passed a bill, reducing sentences for a gender-based crime, without offering a meaningful strategy to prevent recurrence.
This piece will first examine Pakistan’s precarious record in protecting women, as reflected in the high incidence of gender-based crimes, rooted in patriarchy and male-dominance. It will then argue that, in this context, reducing sentences for a gender-based crime without a meaningful strategy is neither a feasible solution, nor does it counter the recurrence of GBV crimes. Instead, this piece proposes a dual-faceted approach: increasing certainty of conviction and focusing on offender rehabilitation. While the former enhances deterrence, the latter counters patriarchal attitudes underlying GBV, aiming to dismantle male dominance and foster a more equitable society through reduced recidivism.
Patriarchal Structures and Violence against Women
The reality of women in Pakistan remains dire and deeply disturbing, with Pakistan ranking last — 148th out of 148 countries — in the World Economic Forum’s Global Gender Gap Report (2025). Furthermore, Pakistan was ranked 158 out of 177 by the Georgetown Institute’s Women, Peace and Security Index, highlighting the appalling conditions faced by women across the country. These include sharp declines in economic participation, limited political empowerment, compounded with the legal system’s persistent failure to protect women from GBV. This is seconded by the surging rates of gender-based crimes, with over 32,000 GBV cases being reported nationwide in 2024 alone. Whereas, the conviction rates for gender-based crimes remain abysmally low – 0.5% for rape and honour killings, 1.3% for domestic violence, and 0.1% for kidnapping/abduction.
Beneath the alarming rates of GBV, and the dismal conviction record lies a deeper, systemic problem – patriarchy, which has normalised the subordination and oppression of women in Pakistan. These practices subordinate women in both public and private spaces, ultimately forming a male-dominated society. This society operates in a deeply structured manner where voices of women are devalued, and patriarchy is internalised to the extent that it is often perceived as ordinary. This is reflected in the data indicating that young women are more likely to justify intimate partner abuse and reinforce male dominance. In addition, the tacit approval of the state, in failing to dismantle illegal practices such as jirgas or tribal councils that impose regressive, and hazardous practices, targeting women further perpetuates patriarchal control and domination. Compounding the problem is the snail-paced operation of the legal system and victim blaming by high level state officials. These are but glimpses of a deeper institutional failure rooted in the power-powerless divide between the genders. It is this power imbalance that not only underpins the persistent occurrence, but also the lack of accountability of gender-based crimes – Pakistan’s Apex Court underscored the former with respect to sexual harassment linking it to power dynamics and its social reinforcement, and it is this which requires redress.
Eroding Deterrence and the Perils of Incomplete Reform
Instead of addressing the underlying issues that contribute to the recurrence of GBV crimes, the Senate has passed a bill that merely weakens the sanctions in a gender-based crime, offering no meaningful strategy to eliminate recurrence. The amending provision targets Section 354-A of the Pakistan Penal Code; crime of assaulting or using criminal force to any woman and stripping her of her clothes, punishable with life imprisonment or death, alongside a fine and forfeiture of property. The Criminal Laws (Amendment) Bill 2025 passed by the Senate omits the death penalty from the aforesaid offence, thereby leaving only imprisonment for life and forfeiture of property coupled with a fine behind. The Bill forms an attempt to align Pakistan’s position with its international obligations under GSP+ trade agreement with the European Union, which requires doing away with the death penalty to the most serious crimes. Although this move reflects Pakistan’s willingness to align with international expectations, the deeper issue persists – whether such alignment translates into meaningful deterrence?
The Law Minister correctly noted that harsh penalties don’t ensure deterrence, yet the bill offers no measures to deter future offences, apart from incarceration as the primary penalty. There are significant concerns on the incarceration route as well – considering that conviction rates in gender-based offences are critically low, as identified above. Besides this, research suggests that while incarceration; the main penalty in the amended form of Section 354-A, may deter crimes temporarily, it tends to increase their criminality after release. The foregoing evidence highlights that incarceration, at best, deters crime temporarily, thereby requiring a more effective approach to counter GBV, built upon conviction certainty and rehabilitation.
The Convergence of Conviction Certainty and Rehabilitation
The first step of the effective approach requires supplementing the weakening of sanctions with greater conviction rates, since certainty of conviction has proven to be a deterrent. Certainty here refers to the probability of an offender being successfully sanctioned for the commission of a crime; this matters because offenders are dissuaded not by the severity of punishment alone but by the perceived inevitability of law enforcement and sanction. This can be achieved through various routes including firstly, improving the current state of investigation, ensuring that sufficient amounts of evidence is carried forth maximising the possibility of securing a conviction. This is only possible where the alleged crime scene is properly safeguarded allowing preservation of evidence, alongside strict compliance by the Police Investigation Officers (IOs) with SOPs and guidelines recommended for GBV cases. For forensic and DNA testing, due care must be exercised especially keeping in view the relevant policies of the forensic agencies. The process for submission of challan by GBV IOs is at present quite lengthy as well, and must be shortened for swift justice. Furthermore, a revamping of the prosecution and judicial bodies is a must; these not only lack adequate representation of women, but are also quite overburdened considering their short-staffed nature. Another feasible step that the state should make in this regard, is clarifying the jurisdiction of the pre-existing GBV courts, that provided a victim-friendly environment, and expanding their scope since they have had a tremendous impact in increasing the conviction rates of GBV cases. It is only through a victim-friendly environment that one can envisage a safer space for women.
In addition to increasing the certainty of conviction, a course of action that must be adopted is rehabilitation as an additional sentencing measure, since punitive measures alone are insufficient to ensure deterrence. Rehabilitation measures have been recognised as an essential aspect in reducing GBV because working with perpetrators of GBV can contribute to a wider process of cultural and political change, thereby abolishing gender hierarchies, patriarchy and different forms of violence against women that have embedded themselves within the society. At the international level, the UN Handbook for Legislation on Violence against Women foresaw intervention programmes and alternative sentencing measures for perpetrators of violence against women, which prepared ground for a specific article in the Istanbul Convention. Article 16 of the Convention requires states to take the necessary legislative or other measures to set up or support treatment programmes aimed at reducing recidivism for sex offences. Such programmes have at their core encouragement for the perpetrators to take responsibility for their actions, and examine their attitudes and beliefs towards women. Focusing specifically on GBV, Georgia is notable for launching a Rehabilitation Programme on Management of Violent Behaviour, Gender Based Violence, with UN Women, aiming at the reduction and elimination of GBV through the modification of sexist and discriminatory conduct. The rehabilitative methodology has also been successful, for example, programmes targeting domestic violence in California, noted reduced re-offending rates for those who had completed the programmes.
In Pakistan’s context, there is a dire need to complement the enhancement of conviction rates with rehabilitative interventions addressing entrenched discriminatory and patriarchal norms, beyond just the scope of domestic violence, which Sindh at the moment covers. These norms underpin the persistent recurrence of GBV and remain insufficiently addressed by prevailing punitive measures. State sponsored and court-mandated reformation programmes, akin to those implemented in Georgia and other jurisdictions, must be established to ensure behavioral reform, thereby, ensuring a safer and more inclusive environment for all. Furthermore, in relation to honour crimes, there are two additional facets that the state must specifically focus on; first, a state-led cultural transformation, rooting out the customs that form the inherent basis for such crimes, alongside campaigns that exemplify for all the illegality and barbarity of such acts. Secondly, abolishing all tribal councils or jirgas that operate across Pakistan, since it is often them that perpetrate anti-women practices and act as a precursor to violence against women.
Conclusion
Pakistan finds itself at a troubling crossroads in tackling the persistent threat of GBV; rates of which are climbing at an alarming pace, whereas conviction rates are buried in the graveyard of systemic inefficiency. In such conditions, passing of a law that merely weakens sanctions in a GBV crime without adopting a meaningful and reformed strategy to ensure deterrence, is catastrophic. True progress requires a dual faceted approach; policies focusing on increasing certainty of conviction, as expounded above, compounded with rehabilitation programmes for perpetrators – approaches that have demonstrably reduced recidivism. For honour crimes specifically, additional two facets; rooting out unlawful customs, and putting an end to the jirga systems, are necessary to ensure an end to such atrocious forms of violence. Further, it is only through this cultural, legal and societal change that the gendered chessboard can be shifted, and women in Pakistan can for once, feel safe.
Disclaimer: Any and all opinions and views represented in this blog are personal and belong solely to the author(s) of the blog and do not represent the opinions or views of the Centre for Human Rights.
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