The Prime Pen

The Legal Consequences of Touching a Woman Without Consent
This article highlights the serious legal and social consequences of touching a woman without her consent in Pakistan. It explains how such acts violate constitutional rights, discusses relevant laws and shows the remedies available for women to seek justice

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Touching a woman without her consent is an issue that is considered morally, socially, and legally wrong in every society. And in a country like Pakistan, where both Islam and the law place the highest value on a woman’s honor, This act is even more serious.This is because it not only harms a woman’s personal liberty and dignity, but also disturbs the peace of the entire society. That is why Pakistani law has prescribed strict punishments for it.

If we ask the question: why is there such strictness over touching any woman? And the simple answer is that every woman has complete rights over her own body, and if any man touches her without her consent, he violates her fundamental right. According to the Constitution of Pakistan (Article 14), the dignity of man and woman is inviolable. That's why, harming it is also a violation of the Constitution.

Basically for this purpose, several provisions exist in the law. For example, under Section 354, if someone touches a woman with the intention of harming her honor, he may be punished with imprisonment of up to two years, or a fine, or both. And if the act is of a more serious nature, the punishment can also be greater. Similarly, under Section 509, harassing a woman, using obscene words, or making gestures that harm her dignity is also a crime, punishable with imprisonment or fine.

Looking at the statistics, incidents of harassment against women are reported in very large numbers in Pakistan. According to a 2022 Aurat Foundation report, more than 3,500 cases of harassment of women were reported in Pakistan, in which most women complained of being forcibly touched or harassed. The reality, however, is that most women do not register complaints due to fear, honor, or shame, which means the actual number is much higher.

For example, in Islamabad in 2018, an incident occurred where a woman working in a government office complained that her officer touched her without permission and attempted an immoral act. This case reached the media and went to court, in which the officer was suspended and the woman was provided protection. This incident is proof that touching a woman without her consent can happen in any institution, on the street, or even at home, and it is not just an individual problem but a problem for the entire society.

In the language of law, this is not only a crime but also a tort, meaning a civil wrong. This implies that a woman can not only seek punishment for the offender through the court but can also claim damages to compensate for her mental shock, reputation loss, and pain and suffering.

Socially as well, such incidents must be openly discussed so that women, instead of being afraid, raise their voices for their rights. Unfortunately, many women think that there is no need to speak up about “small” incidents like touching or harassment, but the truth is that these small incidents form the foundation of bigger crimes. Therefore, every woman should stand up for her rights, and every man should learn that touching a woman without her permission is not only morally wrong but also a serious crime punishable with imprisonment, fine, and social disgrace.

At the end  it can be said that touching a woman without her consent is in fact an attack on her freedom, her dignity, and her constitutional right. And Pakistani law has provided remedies and punishments against it, so that women can be protected and justice can prevail in society.

 

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