Section 496-C of the Pakistan Penal Code is supposed to protect the sanctity of marriage. In practice, it has become a weapon used to silence victims of domestic abuse.
The law criminalizes “fornication” and “adultery,” but its application often hinges on the testimony of the accused. When a woman reports physical violence or marital rape, the perpetrator frequently counters by filing a suit under 496-C. By accusing the victim of illicit relations, the abuser forces the legal system to prioritize the “moral” status of the woman over her physical safety.
For many, this is a tactical maneuver to drain resources. The victim must now fight to prove her innocence in a case that can drag on for years, effectively stalling any progress on the initial abuse complaint. It turns the courtroom into a place of intimidation rather than justice.
“The law isn’t just failing these women,” said a human rights lawyer based in Lahore. “It’s being used as a shield for the aggressor. If a woman speaks up, she’s immediately put on the defensive. Her character becomes the central issue, not the bruises on her arms.”
The systemic reliance on this statute highlights a deeper failure in the judicial process. Police officers often refuse to register FIRs for domestic violence, citing “family disputes,” yet they rarely hesitate to file charges when a moral or religious claim is introduced. It creates a chilling effect; victims learn quickly that seeking help often leads to a greater threat of legal retaliation.
Legislative attempts to amend these provisions have largely stalled. Political will remains thin, as lawmakers fear the optics of appearing to weaken “morality” laws, even when those laws are demonstrably used to facilitate violence.
While activists continue to lobby for the decriminalization of private acts and the tightening of domestic violence legislation, the courtroom reality remains unchanged. For the woman who walks into a police station today, the threat of Section 496-C is often enough to keep her silent.
