Crime against Soul: A comparative Study of Pakistan and Afghanistan (2016-2018)

Abstract

Rape is considered a heinous crime and regarded as a crime against the soul. It is the most occurring and reported case in Pakistan and Afghanistan as compared to other offences against women. The aim of the paper is to assess the response of High Courts and Supreme Court of Pakistan and Afghanistan in contending the offence of Rape. The fundamental values of justice of a country are reflected in its legal system and the social structure of its society. The effectiveness of law and the legal system depends on the attitude and mindset of the people in a certain society. Law defines and provides the parameters of acceptable behavior that are enforced by state institutions or local and informal bodies. This paper aims to depict a brief comparison of Laws of major offence against women, punishments provided by laws, Court decisions and role of the administrative institutions fighting against VAW in Pakistan and Afghanistan. As the law is becoming more cosmopolitan, as a result, comparative law becomes a growing interest and phenomenon in legal education. The study will help to improve the existing laws and in the introduction of new laws, social and political policies to solve the problem of VAW.