Comparative Analysis Of Pakistani Criminal Law With International Conventions

A comparative analysis of Pakistani criminal law with international conventions, particularly those under the United Nations, highlights both alignment and divergence in areas such as human rights, due process, torture, fair trial, juvenile justice, and gender-based violence. This analysis is enriched by examining landmark Pakistani cases and comparing them with relevant international legal standards, especially from instruments such as:

Universal Declaration of Human Rights (UDHR)

International Covenant on Civil and Political Rights (ICCPR)

Convention Against Torture (CAT)

Convention on the Rights of the Child (CRC)

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)

🔍 Key Areas of Comparison and Case Law

1. Right to Fair Trial & Due Process

International Convention:

ICCPR Article 14 guarantees the right to a fair and public hearing, presumption of innocence, and legal assistance.

Pakistani Legal Framework:

Article 10-A of the Constitution of Pakistan (2010 Amendment) enshrines the right to a fair trial.

Case: Benazir Bhutto v. Federation of Pakistan (PLD 1988 SC 416)

Facts: Benazir Bhutto challenged the dismissal of her government and the lack of due process.
Judgment: The Supreme Court emphasized constitutional protections of legal rights and due process.
Comparison: This aligns with ICCPR standards on fair trials. However, implementation in lower courts or in military trials often lags behind these ideals, highlighting a gap between law and practice.

2. Torture and Custodial Abuse

International Convention:

Convention Against Torture (CAT) – Pakistan acceded in 2010.

Article 2 prohibits torture under all circumstances.

Case: Sheikh Liaqat Ali v. State (PLD 2008 Lah. 421)

Facts: The accused was tortured in custody leading to a forced confession.
Judgment: The Lahore High Court held that confessions under torture are inadmissible, emphasizing human dignity under Article 14 of the Constitution.
Comparison: While the judgment supports CAT principles, Pakistan has not enacted comprehensive domestic anti-torture legislation, leaving CAT implementation weak.

3. Juvenile Justice

International Convention:

Convention on the Rights of the Child (CRC) – Pakistan ratified in 1990.

Requires protection, education, and rehabilitation of child offenders.

Pakistani Legislation:

Juvenile Justice System Act, 2018 prohibits death penalty for juveniles and mandates separate trials and rehabilitation.

Case: Muhammad Iqbal v. State (PLD 2013 SC 1)

Facts: A juvenile was tried under the Anti-Terrorism Act (ATA) and sentenced to death.
Judgment: The Supreme Court ruled that juveniles must be tried under juvenile law, not anti-terrorism courts, reinforcing CRC obligations.
Comparison: Reflects alignment with international norms, though many lower courts still fail to identify juveniles properly, leading to violations.

4. Death Penalty

International Convention:

ICCPR does not prohibit the death penalty but imposes strict safeguards (Article 6).

Second Optional Protocol to ICCPR encourages abolition (not ratified by Pakistan).

Pakistani Practice:

Death penalty is retained for many crimes including blasphemy, murder, terrorism, etc.

Case: Shafqat Hussain Case (2015)

Facts: Shafqat was allegedly a juvenile when convicted of murder and sentenced to death.
Issue: Doubts about age and forced confession raised concerns of ICCPR violation.
Outcome: Despite international pressure, execution proceeded, sparking global condemnation.
Comparison: This case underscores serious divergence from ICCPR and CRC obligations, especially in relation to juvenile execution and fair trial guarantees.

5. Gender-Based Violence & Women’s Rights

International Convention:

CEDAW obligates state parties to eliminate discrimination against women.

Pakistani Legislation:

Protection against Harassment of Women at Workplace Act (2010)

Criminal Law (Amendment) Act, 2004 & 2016 (addressing honour killings, acid crimes, etc.)

Case: Qandeel Baloch Murder Case (2016)

Facts: Social media personality Qandeel Baloch was murdered by her brother in a so-called “honour killing.”
Legal Outcome: The Anti-Honour Killing Laws (2016) barred pardoning by family; however, the killer was still released after five years due to procedural gaps.
Comparison: Despite legal reforms, cultural and systemic issues hinder full CEDAW compliance. Courts often allow social norms to influence justice delivery.

Summary Comparison Table:

AreaInternational ConventionPakistani LawCompliance LevelKey Case
Fair TrialICCPR Art. 14Constitution Art. 10-APartialBenazir Bhutto Case
TortureCATNo specific law yetWeakSheikh Liaqat Ali Case
Juvenile JusticeCRCJJSA 2018ImprovingMuhammad Iqbal Case
Death PenaltyICCPR (Art. 6)RetainedDivergenceShafqat Hussain Case
Women’s RightsCEDAWMultiple ReformsModerateQandeel Baloch Case

Key Observations:

Pakistan has ratified most core international human rights treaties, but domestic implementation lags behind due to:

Outdated penal laws

Lack of institutional capacity

Parallel systems (e.g., military and anti-terrorism courts)

Cultural and religious influences on justice

Judiciary has sometimes aligned with international standards, especially in the superior courts.

Enforcement and legislation remain inconsistent, undermining Pakistan’s global human rights commitments.

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