EVEN the best laws on the books are worth little unless the state shows the willingness to enforce them. This is certainly true for the Torture and Custodial Death (Prevention and Punishment) Act, 2022. As the HRCP pointed out during a recent consultation in Islamabad, torture and cruel and inhuman treatment remain widespread in Pakistan, despite the existence of this law. Perhaps the main reason for this is the thana culture that, despite multiple attempts at reform, continues to influence law enforcement in the country. This culture is a holdover from the colonial age during which LEAs were not supposed to serve and protect citizens, but to dominate them and put them in their place when they stepped out of line. The result is the continuation of a system where torture is endemic and rights are trampled on. Studies show that most confessions are extracted under torture. However, these brutish methods have failed to bring down crime numbers, as the rampant lawlessness across the country shows. The FIA told the Lahore High Court earlier this year that up till April 30, it had registered at least 364 inquiries under the anti-torture law. The vast majority of cases were reported from Punjab.

As speakers at the HRCP event noted, torture persists because of weak implementation, inadequate safeguards and a lack of accountability. At the root of the matter lies the need to revamp the criminal justice system. From police to prosecution, there is a need to sensitise public servants about fundamental rights, and replace archaic, violent and illegal methods with scientific techniques of investigation. The judiciary, elected representatives and the police hierarchy across the provinces must work together to reform the criminal justice system. This is imperative not because donors want reforms, but because the dignity of man, as underscored by the Constitution, must be upheld.

Published in Dawn, August 3rd, 2026