TERMS OF REFERENCES (TORs) 

Project Title: Protecting and Promoting Religious Freedom in Pakistan (PPRF)

Organization: Legal Aid Society (LAS)

Consultancy Title: Gap (Case File) Analysis on Cases of Forced Conversion through Marriage (FCM) in Pakistan

Location(s): Karachi, Sindh

Duration: (01 February 2025 – 15 April 2025)

•  Background

The Legal Aid Society (LAS) is a not-for-profit and non-governmental organization to ensure accessible, effective, and expedient justice for marginalized and underprivileged communities across Pakistan. Since its establishment in 2013 under the visionary leadership of Justice (R) Nasir Aslam Zahid, a former Judge of the Supreme Court of Pakistan, LAS has been working in three (03) different thematic streams; Access to Justice, Gender & Child Security, and Climate Resilience, Sustainability, & Security to empower communities and create a long-lasting impact to transform lives and judicial system.

In line with its mission to protect and safeguard the fundamental and legal rights of the Religious Minority Communities (RMCs), LAS is implementing a project titled ‘Protecting and Promoting Religious Freedom in Pakistan’ through focused legal interventions, strategic litigation, and community building to shield the RMCs from Forced Conversion (FC), Forced Conversion through Marriage (FCM), discrimination, and violence.

To begin with, FC and FCM are a pervasive and deeply concerning issue, manifesting a complex interplay of socio-cultural, economic, political, and legal factors. In Pakistan, there is no existing law that specifically penalizes FC and FCM. There is a legislative gap and inadequate legal jurisprudence due to lack of substantive law and procedural processes, which allow for the development of standards and principles to oversee cases of FCM. Consequently, the victims and their families resort to the remedies available under the Child Marriage Restraint Act, 1929 and Sindh Child Marriage Restraint Act, 2013 as enacted in Punjab and Sindh respectively, and relevant provisions of the Pakistan Penal Code (PPC), 1860.

In view of the aforesaid, LAS is conducting a research study that is specifically concentrated on identifying gaps in the investigation and prosecution of cases of FC and FCM. The study aims to conduct a comprehensive gap analysis of the investigation, prosecution, and trial of FCM cases within the framework of the criminal justice system. It seeks to examine the legal and procedural frameworks currently followed by CJS actors, identify systemic delays, and challenges in investigation and prosecution, and analyze the interpretation and application of substantive and procedural laws from a minority and gender perspective. Additionally, the study will explore barriers to access to justice arising from the absence of specific legislation addressing FCM and provide evidence-based recommendations for legal reforms and policy development.

• Scope of Consultancy and Expected Outcomes:

The scope of work and corresponding outputs/deliverables will be as follows:

Deliverable 01:

1-Day Workshop with LAS teams on data extraction and input into Cascade Framework, along with analysis and visualization of Analytical Cascade Framework

Deliverable 02:

Finalization of the Analytical Cascade Framework for Gap (Case File) Analysis on Cases of Forced Conversion through Marriage

Deliverable 03:

Co-authoring portion of Gap (Case File) Analysis on Cases of Forced Conversion through Marriage in Pakistan

• Project Timeline & Payment schedule

This consultancy's period will be from 20 January 2025 to 20 June 2025. However, the timelines and payment for each output is given in the following table:

EEO Statement:

At LAS, our commitment to diversity and equal opportunity extends to all aspects of our work, including consulting engagements. We ensure that all qualified consultants are given fair consideration regardless of sex, age, race, color, creed, religion, disability, sexual orientation, gender identity, or any other characteristic protected by law. LAS is dedicated to fostering an inclusive environment where everyone is treated equitably, acknowledged for their unique contributions, and encouraged to excel. We value and respect the diverse perspectives and experiences that each individual brings to our projects. Every member of the LAS team, including consultants, shares the responsibility of supporting and advancing a diverse and respectful work environment. 

Protection Against Sexual Exploitation and Abuse:

Legal Aid Society (LAS) is committed to the prevention and protection from all forms of sexual exploitation and abuse (SEA). LAS explicitly prohibits its
staff, associates, partners, consultants, or any other representatives associated with the delivery of its work from:

• Engaging in any form of sexual exploitation or abuse;
• Sexual activity with children (persons below the age of (18) irrespective of a mistaken belief of the age of the child which shall not amount to a defense);
• Exchange of money, employment, goods or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior, is prohibited. This includes any exchange of assistance that is due to beneficiaries of assistance;
• Sexual relationships between LAS staff and beneficiaries of assistance, since they are based on inherently unequal power dynamics,undermine the credibility and integrity of the work of LAS and are strongly discouraged.

Required Expertise and Qualifications:

• Postgraduate qualification in Law with three (03) years’ experience
• Comprehensive understanding and knowledge of judicial and criminal justice system of Pakistan
• Strong grip over national and international laws and legislations related to criminal law and human rights
• Prior experience in legal research and report writing
• Must be sensitive and empathetic towards RMCs. Someone from RMCs is preferable.

Required Documents for Application:

• Consultant Profile (1-Pager) Outlining Suitability for the Aforementioned Consultancy 
• Updated CV
• Technical Proposal based on TORs (Should adequately cover all the deliverables) 
• Financial Proposal

Confidentiality & Work Product: 

It is agreed that any documentation made accessible to the Consultant whether verbally or in writing is confidential. The Consultant will hold such information in confidence and will use it solely for the purpose of providing services. The Consultant further agrees not to disclose confidential information to any third party, natural or legal, without LAS’ prior written consent.