Marital Rape in Pakistan: Legal Silence and Cultural Resistance

Abstract

Marital rape, a deeply taboo subject in Pakistan, remains largely unacknowledged within the country's legal, cultural, and religious frameworks. This qualitative research examines the intersection of patriarchal norms, religious misinterpretations, and socio-cultural barriers that contribute to the persistent invisibility of marital rape. The study contextualizes Pakistan’s stance within a global legal perspective, with particular focus on developments such as the 2021 amendments to Section 375 of the Pakistan Penal Code and the landmark 2024 conviction in Karachi. Challenging the misconception of marriage as perpetual consent, the paper advocates for recognizing marital rape as a violation of both human rights and Islamic principles of mutual dignity and respect. It explores the psychological, physical, and social consequences faced by victims, while analyzing the legal ambiguities and cultural stigma that obstruct justice.

Drawing on international best practices and Islamic teachings, this research proposes actionable reforms—ranging from legislative change to public awareness initiatives—to prevent both the occurrence and misuse of marital rape laws. By involving policymakers, religious scholars, and civil society, the study seeks to advance a shift in societal attitudes, promote accountability, and support victims' rights. This paper contributes meaningfully to the discourse on gender justice in Pakistan, offering a pathway toward a more equitable and informed society.