Wajahat Ali Malik


Child, early and forced marriages

Wajahat Ali Malik Child marriage and early marriage mostly refer to a marriage in which one or both spouses are under 18 years of age. However, early marriage is sometimes used to describe a marriage where one or both spouses are 18 or older, but are without free and full consent. For example, the marriage of a 19-year-old who is not physically or emotionally mature, or unable to make decisions, would be considered an early marriage. Whereas in forced marriages, one or both spouses are unable to give full, free and informed consent about marriage, regardless of their age. Forced […]


Anti-rape legislation – some recommendations

Wajahat Ali Malik To curtail the number of rape incidents in the country, the federal cabinet has recently approved two anti-rape ordinances: the Anti-Rape (Investigation and Trial) Ordinance 2020; and the Pakistan Penal Code (Amendment) Ordinance 2020. The new legislation will change the basic definition of rape as provided in Pakistan Penal Code (PPC) 1860 and shall award exemplary punishments to rapists in the form of chemical castration and hanging. It also provides protection to victims of gang-rape and to transgender rape victims. The proposed law further prohibits the controversial “two-finger” test. The cabinet committee on Disposal of Legislative Cases […]


Criminal Responsibility and Pakistani Laws

Wajahat Ali Malik The term criminal responsibility refers to a person’s ability to understand his or her conduct at the time a crime is committed. In other words, what a person is thinking when he commits a crime, or what result is anticipated or expected when a crime is committed. Laws define crimes in terms of an act or omission (actus reas) and a mental state (mens reas), so criminal responsibility relates to the mental state element of a crime. In order to be convicted of a particular crime, there must be proof that the person engaged in the alleged […]


The Juvenile Justice System Act 2018 – An Overview

by Wajahat Ali Malik On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. JJSA 2018 overcomes the shortcomings which were present in Juvenile Justice System Ordinance 2000, and provides a much better system for criminal justice and social reintegration for juvenile offenders. The Act defines a child according to the definition of UNCRC as ‘a person who has not attained the age of eighteen years’. JS Act 2018 classifies the criminal offences into following three different categories: 1) Minor, which means an offence for which maximum […]