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The Alarming Rise of Female Criminality in Pakistan: A Call to Action By Kashif Mirza

Byadmin

Sep 13, 2024

The writer is an

economist, anchor,

analyst and the

President of All

 Pakistan Lawyers’

 Federation

president@Pakistan

privateschools.com

Pakistan has witnessed a disturbing increase in female criminality, with a significant rise in violent crimes committed by women. According to the most recent data released by the Pakistan Bureau of Statistics (2022 estimates), the population of Pakistan stands at approximately 229.5 million (229,488,994), comprising a male population of roughly 117.6 million (117,644,051) and a female population of approximately 111.9 million (111,844,943). This yields a sex ratio of 951 females per 1,000 males and a female population percentage of 48.7%. Furthermore, an analysis of the National Crime Data Portal (2022) reveals a disturbing trend: a 35% increase in female offenders over the past three years, culminating in 12,321 reported cases in 2022 alone. Historical data on female criminality in Pakistan reveals a stark contrast. In 1986, a study found only 70 female criminals in the entire country. By 1990, this number had marginally increased to 125 in the province of Punjab, according to police records. However, by 2018, women prisoners constituted 1.8% of the total prison population in Pakistan, as reported by the World Prison Brief. In Pakistan’s penal system, female inmates constitute a relatively modest proportion, approximately 1.6%, which is lower than the global average. However, a notable escalation of 20% has been observed in the female prisoner population over the past decade. As of 2021, the total number of female prisoners in Pakistan stands at 1,399, with Punjab housing the majority, at 920 prisoners. Research indicates a startling escalation in the female prison population over the past decade. More recent data from the Pakistan Prisons Report (2020) shows a further increase, with 205 women prisoners in Punjab 927; Sindh 166; KPK 20; Baluchistan, and 3 in GB. These statistics unequivocally demonstrate the alarming rise in women’s involvement in criminal activities. A key factor contributing to this surge in female criminality is the perceived leniency in sentencing, which often results in reduced punishments for female offenders. Additionally, the jail management’s approach towards female prisoners is often more benevolent than the traditional stereotype of harsh treatment, likely due to the prolonged duration of their incarceration. Moreover, the judicial system and legal framework tend to exhibit a more lenient attitude towards female criminals, influenced by the cultural and religious emphasis on respecting femininity. This phenomenon aligns with Otto Pollak’s theory of female criminality (1950), which posits that females are treated more mildly by the criminal justice system compared to their male counterparts. This uptick can be attributed to a complex interplay of factors, including socioeconomic deprivation, limited educational opportunities, and entrenched social inequalities. Moreover, the perpetuation of patriarchal norms and gender biases within Pakistan’s legal framework contributes to the growing phenomenon of female criminality. In response to this pressing issue, the Pakistani government has enacted various legislative measures and initiatives aimed at addressing the root causes of female criminality. These include the following: The Constitution of Pakistan (1973) enshrines the fundamental rights to security of person and dignity under Articles 9 and 14, respectively. The primary legislative framework governing prison systems in Pakistan is the Prisons Act (1894), inherited from the British Empire and India in 1947, which remains authoritative to this day. Additionally, the Prisoners Act (1900) was enacted to consolidate the rules governing the treatment of prisoners by law enforcement authorities. To operationalise these Acts, the Pakistan Prison Rules (PPR) (1978) were developed as the core jail manual, delineating the obligations and prohibitions on prison authorities. Furthermore, Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR) mandates that all persons deprived of their liberty shall be treated with humanity and respect for their inherent dignity. Pakistan is also a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979), which underscores the importance of gender-sensitive treatment. Notably, Article 12(2) of CEDAW extends the right to “appropriate services” for women, including healthcare during pregnancy, confinement, and the post-natal period, with a guarantee of free services where necessary, as well as adequate nutrition during pregnancy and lactation. The Women Protection Act 2006; Domestic Violence (Prevention and Protection Act) 2012; Acid Control and Acid Crime Prevention Act 2011; Criminal Law Amendment Act (2015); The National Action Plan for Women’s Empowerment (2019); The Women’s Protection Act (2020); The Criminal Law Amendment Act (2020); The Protection of Women from Harassment at the Workplace Act (2020); and the National Action Plan for Women’s Empowerment (2022) to ensure the protection of women’s rights.

In 2012, The Nation News cited research by the Punjab Police Department, revealing that at least 4,000 women were implicated in various criminal activities, including theft, kidnapping, and detention. A comprehensive report by the UNODC in 2011 on women prisoners in Pakistan provided further insights. According to the report, a significant proportion of female inmates (40%) were convicted of murder, while others were incarcerated for kidnapping (13%), drug-related offences (24%), theft (7%), commercial sex work (12%), and other crimes (4%). Globally, female criminality has emerged as a pressing social concern. Women’s economic, legal, and physical vulnerabilities render them disproportionately susceptible to exploitation and marginalization. The increasing involvement of women in criminal activities is a novel phenomenon in developing countries, warranting attention. Since the beginning, women have been considered the foundation stone of the family. In Pakistan, women are considered the preserver of customs, traditions, morality, social norms, and family cohesiveness. Since the inception of civilization, women have been considered nurturing icons. The world has become more developed, and technology has reached horizons. In the era of technology and development, the role of women cannot be denied. Across the world, women are contributing to each and every sphere of life at an equal pace with men. This is the bright side of society and the story. At the same time, the other side of the story is dark, where women’s involvement in crimes is also at its peak. In Pakistan, the role of women in criminology is not less common. The social norms are strictly followed in Pakistan, but women’s involvement in criminality is a vast field that encompasses Pakistan’s intellectual, financial, police, social, and opinionated milieu. The cultural and socio-economic factors, including illiteracy, poverty, low level of education, and economic dependence on the male and patriarchal system, are considered dragging factors that force women to commit crimes in Pakistan. In Pakistan, women’s involvement in crime is increasing daily, becoming an alarming situation. The differences in cultures stem from variations in roles and behaviour patterns of these two units. Women have been considered as nurturing icons since the inception of civilization. Particularly in Pakistan, a female is observed as a symbol of family cohesiveness and a maintainer of customs, morality, communal norms, and way of life. But, the involvement of women in criminal acts and crimes is a new phenomenon in the cultures and societies of developing countries. The social norms are strictly followed in Pakistan, but women’s involvement in criminality is a vast field that encompasses Pakistan’s intellectual, financial, police, social, and opinionated milieu. In Pakistan, women are deprived of their basic fundamental rights, right to mate selection, ingratitude, isolation, helplessness, desperation, and external sexual relations, which are the social factors and elements which indulge women in crimes and criminality. This involvement has reached a frightening stage that is the prime cause of female crimes that has led to a tremendous increase in statistics of violence by women. In Pakistan, the role of women in criminology is not less common. Moreover, women are deprived of the right of mate selection, isolation, ingratitude, helplessness; desperation and extra sexual relations are those social elements which are indulged women in Pakistan toward crimes. Therefore, women’s criminality has been drastically increasing in Punjab, Pakistan hence requiring an in-depth analysis into the cause-and-effect relationship. The notion of women’s criminality is a hidden cultural issue in Pakistan that has been dumped at the hands of male dominance and stereotypes attached to the Pakistani culture. In Pakistan, law enforcement agencies often fail to adequately address women’s complaints, despite the country’s obligations under international conventions and treaties protecting women’s rights. These include the UN Charter, UN UDHR, ICCPR, ICESCR, CEDAW, ICSPCA, and ICEAFRD, which Pakistan has signed and ratified. However, the practical situation regarding women’s rights in Pakistan remains subpar. International human rights law affirms women’s entitlement to equal human rights and fundamental freedoms as men.

“The National Crime Data Portal (2022) reveals a disturbing trend: a 35% increase in female offenders over the past three years, culminating in 12,321 reported cases in 2022 alone. A key factor contributing to this surge in female criminality is the perceived leniency in sentencing, which often results in reduced punishments for female offenders.”

The UNO, established in 1945, aims to promote non-discrimination and equality principles globally. The UN Charter, the most widely ratified international agreement, emphasizes the equal rights of men and women. Subsequent conventions, such as the UDHR, ICCPR, and CEDAW, reinforce this principle, condemning discrimination against women and promoting equal rights. Despite these international protections, gender-based discrimination persists in Pakistan, particularly in rural areas where women lack access to education, economic opportunities, and fundamental rights. Socioeconomic factors like poverty, illiteracy, and economic dependence on men, coupled with cultural practices and discrimination, contribute to women’s involvement in criminal activities. The socio-economic and cultural marginalization of women renders them vulnerable to exploitation and crime. Thus, the low status of women in Pakistani society perpetuates their criminalization, highlighting the need for effective implementation of international conventions and national laws to protect women’s rights and promote gender equality. Criminologists and sociologists attribute the surge in female criminality to the consequences of women’s liberation, which has led to increased financial struggles and urban disorganization. Deception and fake marriages are additional factors contributing to women’s involvement in crime. In Punjab, women’s participation in criminal activities has escalated dramatically. Pakistan’s patriarchal society restricts women’s access to fundamental human rights and economic opportunities, perpetuating gender-based discrimination. In rural areas, women are denied basic rights, and practices like Quran, Sawara, Karo Kari, Wani, and Watta Satta perpetuate male dominance. Honour killings and sexual violence are prevalent, with women subjected to acid attacks, mutilation, and emotional exploitation. Women’s dependence on men and subordinate status in society contribute to their involvement in crimes. Security agencies often fail to hold women accountable, and courts display a lenient attitude towards female offenders. Urbanization has led to increased poverty, cultural crises, unemployment, and reduced social norms, further contributing to women’s criminal involvement. In developing countries like Pakistan, women face deprivation of basic rights, lack education, and are economically dependent on men. Factors like illiteracy, broken marriages, early-age marriages, family pressure, and betrayal drive women to engage in criminal activities. Poverty and financial hardship lead women to resort to drug trafficking, child kidnapping, prostitution, and robbery to fulfil basic necessities. Women in Pakistan face significant barriers to accessing justice due to social, structural, cultural, economic, and political factors. When their fundamental rights are violated, and justice is denied, women may turn to criminal activities. Law enforcement agencies fail to protect women’s rights, leading them to take the law into their own hands and perpetuate crimes. To effectively mitigate women’s involvement in criminal activities, it is imperative that law enforcement agencies and police authorities fulfil their duties and responsibilities, maintaining law and order, protecting women’s rights, and providing victim support. This proactive approach will significantly reduce and prevent women’s criminal involvement. Moreover, government authorities must prioritize the needs of victimized women, ensuring their rights are protected and justice is served. This support will lead to a decrease in their involvement in criminal activities. Families, particularly husbands, play a crucial role in preventing criminal behaviour. By fulfilling their wives’ basic needs, fostering cooperation, and promoting mutual understanding, women can assume positive roles in society, reducing their likelihood of engaging in criminal activities. Additionally, government authorities and law enforcement agencies must provide adequate attention to incarcerated women, offering training in various skills to facilitate social and economic reintegration upon release. This support will enable them to become economically independent, reducing their reliance on criminal activities to fulfil basic needs. Furthermore, establishing a link between prisoner women and their families will aid in post-release reintegration, allowing them to readjust to society and lead respectable lives. Lastly, the government must prioritize women’s rights, including access to education, equality, and non-discrimination. By ensuring free education, women can avoid illegal activities, engage in positive social endeavours, and assume constructive roles in society. The socioeconomic factors of residing in a low-class area, poverty, lack of education, and meagre social status are emblematic of Social Disorganization, which posits that women’s criminal behaviour is largely a consequence of environmental and social forces. The primary motivations for women’s criminal activities are poverty, lack of education, early marriage, and undesirable relationships. Additional factors contributing to criminal behaviour include extra-marital affairs, partner betrayal, bride exchange, and frustration stemming from peer pressure. This indicates that the process of committing crimes is remarkably similar, with most aggressors targeting individuals with whom they have a personal connection, employing readily available objects such as rocks, billhooks, sticks, blocks, and hatchets to inflict harm. In conclusion, the escalating trend of female criminality in Pakistan is a pressing concern that warrants immediate attention and collective action. The factors contributing to this phenomenon are multifaceted and deeply ingrained in societal, economic, and cultural dynamics. It is imperative that we address these underlying causes and work towards creating a more inclusive and equitable society that provides opportunities for education, employment, and empowerment for all individuals, regardless of gender. We must recognize that the rise in female criminality is not merely a law and order issue but a symptom of deeper systemic problems. Therefore, a comprehensive and multidisciplinary approach is necessary to address this challenge. This includes reforming the criminal justice system, improving access to education and economic opportunities, and challenging societal attitudes and norms that perpetuate gender inequality. The time for action is now.

By admin

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