UNVEILING THE SHADOWED: ADVOCATING FOR LEGAL REFORMS FOR MISSING PERSONS IN PAKISTAN

Abstract

Enforced disappearances in Pakistan pose a serious human rights challenge, requiring urgent attention and legal reforms. This research explores the historical context of missing persons and critically examines the issue through international and domestic legal frameworks. It reviews key international treaties such as the Rome Statute and the International Convention for the Protection of All Persons from Enforced Disappearances, alongside Pakistan's Constitution of 1973 and the Code of Criminal Procedure, 1898. The study also scrutinizes the Supreme Court of Pakistan's stance on offenses against state integrity and individual rights. Employing a qualitative research methodology rooted in a post-positivist approach, the literature review is conducted through secondary sources. The findings reveal significant gaps in existing laws, systemic failures in law enforcement, and a lack of alignment between international commitments and domestic practices. The paper advocates for the criminalization of enforced disappearances, the establishment of stronger accountability mechanisms, and legal reforms to ensure justice and the protection of victims' rights. These recommendations aim to enhance accountability and uphold human dignity in Pakistan .