Federal Minister for Human Rights Dr Shireen Mazari presented the Domestic Violence (Prevention and Protection) Bill 2020 in the National Assembly on July 9, to tackle an issue often ignored in Pakistani households.
The bill that extends to Islamabad Capital Territory (ICT) defines domestic violence as “all acts of physical, emotional, psychological, sexual and economic abuse committed by a respondent against women, children, vulnerable persons, or any other person with whom the respondent is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person.”
Domestic violence as defined in the bill would be punishable with imprisonment ranging from six months to three years, depending on the gravity of the offence. However, “if an offence falling under the PPC is committed in a domestic relationship, the crime will be punishable as under the PPC,” the bill states.
A fine ranging from Rs 20,000 to Rs 100,000 will be imposed on the perpetrator of domestic violence. In case of default in payment of fine, the perpetrator may be awarded three months’ imprisonment.
According to the bill, the Ministry of Human Rights will constitute a Protection Committee under Section l5 within three months of the passage of the law.
The law is similar (but not identical) to the Sindh and Balochistan domestic violence laws. In lawyer Sara Malkani’s view, it is “fairly comprehensive. It defines domestic violence broadly and also contains remedies.”
When the bill is passed, Pakistan will have an elaborate set of laws on domestic violence. Sindh was the first province where the Domestic Violence (Prevention and Protection) Act, was enacted in March 2013. Balochistan passed the Balochistan Domestic Violence (Prevention and Protection) Act, in 2014 and the Punjab the Punjab Protection of Women Against Violence Act in 2016. Khyber Pakhtunkhwa is the only province where a law on domestic violence has not been passed due to strong opposition from assembly members and objections raised by the Council of Islamic Ideology.
Currently, only Sindh and Balochistan recognise domestic violence as a criminal (punishable) offence. The Punjab law provides only for civil remedies.
Do laws make victims feel safe?
We don’t know yet. What we do know is that they are wary about filing complaints. One reason could be the low conviction rates: It took Sindh six years to convict a man in 2019 under the Sindh Domestic Violence (Prevention and Protection) Act 2013.
The main impediment, of course, is the weak enforcement mechanism. “Lawmakers do not understand how the system works. Therefore they are unable to envision the possible implementation problems the law may involve,” says legal researcher and human rights activist Asad Jamal. For instance, he adds, legislators are oblivious of implementation cost — “As a common mistake, they fail to outline a budgeting mechanism within the law. The law then becomes ineffective.”
Again, lawmakers do not take into account the importance of trained and sensitised human resource, such as prosecutors, police etc, for the effective implementation of the law. A lack of understanding of gender issues, violence and entrenched views about womanhood often lead to results that favour out-of-court reconciliations. “Out-of-courts compromise should not be allowed. State should be involved in the prosecution,” adds Jamal.
Laws don’t prevent crimes but they signal which side the state is on. “A pro-woman law breaches a male-defined legal regime. It expands and equalises women’s formal citizenry,” says Afiya Zia.
Another example of weak enforcement mechanisms is that none of the provinces have notified protection committees and protection officers prescribed in laws.
The case of the newly-introduced Domestic Violence (Prevention and Protection) Bill is no different. “It is not very detailed in that respect,” says Malkani, and reiterates that it is crucial to develop mechanisms for prevention of domestic violence.
She adds, hopefully, rules made under this law will be implemented to fill the gaps.
Does criminalising domestic
violence work?
Criminalising domestic violence is a sensitive matter, and its implications are complex. Victims are reluctant to report physical or emotional harm as it exposes them to further risk of compounding their problems.
The government has other options to prevent physical and emotional abuse within households. It could focus its efforts and resources on stopping violence before it starts, rather than intervening ineffectually after harm has been done.
“Strategies like neighbourhood intervention, brothers’ protection are still the norms and are effective. But this is not a solution,” says writer Afiya Zia.
Unless choice in marriage and joint sharing of finances and assets are introduced and maintenance after divorce and equality in custody, and these changes made by law, women will stay in abusive marriages for lack of choice. “Domestic violence will not be mitigated until women are encouraged by everyone to have zero tolerance for the first sign of violence and they are given the financial rights and means to extract safely from abusive situations,” she stresses.
Zia adds that there has to be a change in asset sharing. “Economics changes social relations. We need to work with that first.”
Laws don’t prevent crimes but they signal which side the state is on. “A pro-woman law breaches a male-defined legal regime. It expands and equalises women’s formal citizenry,” she says.
But, she adds, a formal rule fragments by the time it reaches communities on the ground, informal rules and networks are more effective. “So, if laws are made with that in mind, they will be more effective.”
Domestic Violence (Prevention and Protection) Bill 2020 is yet to pass. One hopes the lawmakers are able to tackle the well-documented flaws, and take a bold and farsighted position before the bill becomes a law.
The author is a staff member.