Friday , June 6th , 2025  

Noor Mukadam Got Justice, But Why Does Pakistan’s Legal System Fail Its Women?

Noor Mukadam at a protest outside the Islamabad Press Club, holding a poster demanding justice for a rape survivor. The photo was taken on September 12, 2020. She was murdered by her partner on 20 July 2021. Credit: Shafaq Zaidi

Noor Mukadam at a protest outside the Islamabad Press Club, holding a poster demanding justice for a rape survivor. The photo was taken on September 12, 2020. She was murdered by her partner on 20 July 2021. Credit: Shafaq Zaidi

By Zofeen Ebrahim
KARACHI, Pakistan, Jun 4 2025 – “It’s brought me some closure,” said Shafaq Zaidi, a school friend of Noor Mukadam, reacting to the Supreme Court’s May 20 verdict upholding both the life sentence and death penalty for Noor’s killer, Zahir Jaffer.

“Nothing can bring Noor back, but this decision offers a sense of justice—not just for her, but for every woman in Pakistan who’s been told her life doesn’t matter,” Zaidi told IPS over the phone from Islamabad. “It’s been a long and painful journey—four years of fighting through the sessions court, high court, and finally, the Supreme Court.”

Echoing a similar sentiment, rights activist Zohra Yusuf said, “It’s satisfying that the Supreme Court upheld the verdict,” but added that the crime’s brutality left little room for relief. “It was so horrific that one can’t even celebrate the judgment,” she said, referring to the “extreme” sadism Noor endured—tortured with a knuckleduster, raped, and beheaded with a sharp weapon on July 20, 2021.

Yusuf also pointed out that the “background” of those involved is what drew national attention.

Noor Mukadam, 27, was the daughter of a former ambassador, while Zahir Jaffer, 30, was a dual Pakistan-U.S. national from a wealthy and influential family. Her father and friends fought to keep the case in the public eye, refusing to let it fade into yet another forgotten statistic.

Still, the response has been muted—many, including Yusuf, oppose the death penalty.

The Human Rights Commission of Pakistan recorded at least 174 death sentences in 2024—a sharp rise from 102 in 2023—yet not a single execution was reportedly carried out. The last known hanging was in 2019, when Imran Ali was executed for the rape and murder of six-year-old Zainab Ansari.

However, Noor’s father, Shaukat Ali Mukadam, has repeatedly stated that the death sentence for Zahir Jaffer was “very necessary,” emphasizing, “This isn’t just about my daughter—it’s about all of Pakistan’s daughters,” referencing the countless acts of violence against women that go unpunished every day.

The HRCP’s 2024 annual report painted a grim picture of gender-based violence against women in Pakistan.

According to the National Police Bureau, at least 405 women were killed in so-called honor crimes. Domestic violence remained widespread, resulting in 1,641 murders and over 3,385 reports of physical assault within households.

Sexual violence showed no sign of slowing. Police records documented 4,175 reported rapes, 733 gang rapes, 24 cases of custodial sexual assault, and 117 incidents of incest-related abuse—a chilling reminder of the dangers women face in both public and private spaces. HRCP’s media monitoring also revealed that at least 13 transgender individuals experienced sexual violence—one was even killed by her family in the name of honor.

The digital space offered no refuge either. The Digital Rights Foundation recorded 3,121 cases of cyber-harassment, most reported by women in Punjab.

Justice Remains Elusive

But numbers alone can’t capture the brutality—or the deep-rooted disregard for women that drives it.

“We recently took a man to court and secured maintenance for twin baby girls,” said Haya Zahid, CEO of the Karachi-based Legal Aid Society (LAS). “The father divorced their young mother while she was still in the hospital—just because she gave birth to daughters.”

LAS offers free legal aid to those who can’t afford it, handling cases like rape, murder, acid attacks, forced and child marriages, and domestic violence.

Bassam Dhari, also from LAS, recalled Daya Bheel’s gruesome murder, which took place after Noor Mukadam’s but failed to stir national attention because it happened in a remote village in Sindh’s Sanghar district.

“She was skinned, her eyeballs removed, her breasts chopped off, and her head severed from her body,” said Dhari.

He said the postmortem report confirmed that she was neither raped nor sexually assaulted, and the attack did not appear to be driven by rage or revenge.

While Mukadam’s family may have found closure, justice remains elusive for thousands of Pakistani women.

“Noor Mukadam’s case is indeed a rare instance where justice was served,” said Syeda Bushra, another lawyer at the LAS.

“It’s not that there aren’t enough laws to protect women and children—far from it,” said Bushra. “There are plenty of laws, but what good are they if investigations are weak?” According to her, only a small percentage of women can seek redress. “Justice is denied or delayed every single day,” she added.

“The problem is that these laws are crafted in a social vacuum,” observed Fauzia Yazdani, a gender and governance expert with over 30 years of experience working with national governments, the UN, and bilateral development partners in Pakistan.

She acknowledged that although many progressive, women-friendly laws have been passed over the years, they’ve failed to resonate in a society resistant to change. “Laws are essential, but no amount of legislation can end violence against women if the societal mindset remains misogynistic, patriarchal, and permissive of such crimes,” she said.

Buying Justice Through Blood Money

At the same time, Dahri highlighted critical flaws in the justice system.

In Pakistan, where the death penalty remains legal under its Islamic status, such sentences can be overturned through the diyat (blood money) law, which allows perpetrators to buy forgiveness by compensating the victim’s family.

“In our country, money can buy anything,” said Dahri. “This blood money law is routinely abused by the rich and powerful to literally get away with murder.”

He stressed the urgent need to reform these laws. “Many families initially refuse compensation, but intense pressure and threats—especially against the poor—often force them to give in.”

In 2023, 10-year-old Fatima Furiro’s death might have gone unnoticed if two graphic videos—showing her writhing in pain, then collapsing—hadn’t gone viral. The resulting public outcry led to her body being exhumed. Her employer, a powerful feudal lord in Sindh’s Khairpur district, who appeared in the footage, was swiftly arrested.

He spent a year in prison before the case was closed, after Fatima’s impoverished family accepted blood money—despite forensic evidence confirming she had been raped, beaten, and tortured over time.

Shafaq Zaidi—Noor Mukadam’s school friend—stood outside the Islamabad Press Club on July 25, 2021, at the very spot where Noor had once protested. This time, Zaidi was seeking justice for Noor herself, who had been killed just days earlier, on July 20, 2021. Courtesy: Shafaq Zaidi.

Shafaq Zaidi—Noor Mukadam’s school friend—stood outside the Islamabad Press Club on July 25, 2021, at the very spot where Noor had once protested. This time, Zaidi was seeking justice for Noor herself, who had been killed just days earlier, on July 20, 2021. Courtesy: Shafaq Zaidi

Law vs Prejudice

Alongside a flawed justice system, women must battle deep-rooted social taboos—amplified by relentless victim-blaming and shaming.

“In such an environment,” said Bushra, “it’s no surprise that many women, worn down by the long and exhausting process, eventually withdraw their complaints.”

“A woman’s trial begins long before she ever enters a courtroom,” said Dahri.

In Noor Mukadam’s case, the claim of a “live-in relationship”—real or fabricated—was used by the convict’s lawyer to downgrade his death sentence for rape to life imprisonment.

“A boy and girl living together is a misfortune for our society,” remarked Justice Hashim Kakar, who led the three-member bench hearing Mukadam’s case.

“Her reputation was sullied—even in death,” said Yazdani, adding that judges should refrain from moralizing and preaching.

“A judge’s verdict should rest solely on an impartial reading of the law,” said Bushra.

But as Dahri pointed out, few lawyers in Pakistan dare to say this openly. “Judges can take it personally,” he said, “and we risk facing repercussions in our very next case.”

According to Yazdani, even a few targeted reforms—like faster hearings, clearing case backlogs, setting up GBV and child protection courts, and training judges, lawyers, and police on the realities of misogyny and gender-based violence—could cut victim-blaming in half.

But she also offered a word of caution: reforms alone don’t guarantee empathy, which she called the cornerstone of real justice.

“Social change doesn’t happen overnight,” Yazdani said. “Anthropologically speaking, it takes five years for change to take root—and another ten for it to truly take hold.”

Gender balance matters in justice

Judicial gender inequality worsens the situation. Some experts argue that increasing the number of women judges and lawyers could lead to a more fair, dynamic, and empathetic justice system.

A 2024 report by the Law and Justice Commission of Pakistan (LJCP) reveals that women make up less than 20 percent of the country’s judges, lawyers, and judicial officers—an alarming gap in a nation of over 117 million women. Of the 126 judges in the superior judiciary, only seven are women—just 5.5 percent. In the Supreme Court, that number drops to two.

Meanwhile, the 26 judges of the apex court (including the chief justice) are burdened with a backlog of more than 56,000 cases—not all related to violence against women.

Bushra believes more women must be encouraged to enter the justice sector—particularly as prosecutors, police officers, and judges. “I’ve seen how distressed victims become when forced to repeat their ordeal to male officers—often multiple times,” she said.

But she emphasized that simply increasing the number of women won’t end victim-blaming or guarantee survivor-centric justice. “Everyone in the system—including women—must be genuinely gender-sensitized to overcome personal biases and deep-rooted stereotypes,” said Bushra.

Special Courts

In 2021, the government passed the Anti-Rape (Investigation and Trial) Act, leading to the formation of an anti-rape committee by the Ministry of Law and Justice to support victims, including setting up special courts nationwide. “Special investigation units with trained prosecutors now handle 77 percent of complaints, and 91 percent of cases go to special courts,” said Nida Aly of AGHS, a Lahore-based law firm offering free legal aid and part of the committee.

By 2022, Sindh had set up 382 such units. Aly noted that a survivor-centered, time-bound, and coordinated approach raised conviction rates from 3.5 percent to 5 percent. A national sex offenders registry, managed by police, was launched in 2024. In Punjab, all 36 districts now have crisis and protection centers offering legal and psychosocial support, though some face resource limitations.

Nearly five years after gender-based violence courts were established in Karachi, she sees a promising shift in how judges handle such cases. “Prosecutors now take time to prepare women complainants—something that never happened before,” she said.

However, she added, the number of such courts and sensitized judges remains a drop in the ocean compared to the overwhelming number of violence committed against women and such cases flooding the system across Sindh.

IPS UN Bureau Report

 


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