Domestic violence termed ‘endemic’ in Pakistan

Islamabad : Domestic violence is a reality of every society and is directly linked to the societal power structure, economic situation and social mindset of a country. A patriarchal mindset, depleting economic situation, religious extremism, increasing population, discriminatory traditions and the impact of the climate crisis – all provide a perfect environment for domestic violence in Pakistani society.

Domestic violence is defined as any act committed within the family by a family member, or behaviour that results in physical harm or psychological injury to an intimate partner or another member of the family. Estimates published by World Health Organization (WHO) indicate that globally about 1 in 3 (30%) of women have been subjected to either physical or sexual domestic violence in their lifetime.

In Pakistan, human rights activists say that domestic violence is an ‘endemic.’ Studies show that 40 per cent of women in Pakistan experience physical or emotional violence in their lifetime. Divorced, widowed, and separated women suffered more violence than married women. Domestic violence is not confined to matrimonial relationships. The last Demographic and Health Surveys (DHS) for Pakistan revealed that 39 per cent of women aged 15-49, who had never been married, reported being subjected to Intimate Partner Violence (IPV) at some time. Only in 2021, 14,189 cases of gender-based violence were registered in Pakistan.

Recently, the National Commission for Human Rights (NCHR) took suo motu notice of a murder of an eight-year-old girl in Gujranwala. She was brutally tortured by her family and died of the injuries. Another case was reported to the NCHR Punjab office regarding a mother and her daughter who had been living with the in-laws after the death of their husband. They were reportedly sexually harassed and when they complained to the police they both were badly beaten up by their in-laws. In another unfortunate reported incident, Mahnoor, a 13-year-old girl was repeatedly raped by her father in Sheikhupura after the death of her mother.

Talking to The News, Chairperson NCHR Rabiya Javeri Agha said that in all the above cases, notices were issued to the relevant departments and challans have been presented. The accused were arrested in the murder of an eight-year-old girl in Gujranwala whereas in Mahnoor’s case, notices were issued to the police. On the insufficient reply of the police, the case was called for hearing and was accordingly referred to be inquired again on merits by the senior police officials The Chairperson said that basic challenges in controlling domestic violence are the societal acceptance of domestic violence, difficulties in registering FIRs, women’s lack of legal knowledge and fear of the judicial system, and lack of financial independence of survivors. “Besides that, lack of domestic violence shelters and low number of female police officers also play a role in discoursing women from taking a decision,” she said.

Talking about the initiatives taken by the Commission, the Chairperson said that NCHR has already developed a policy brief on domestic violence and has launched a helpline (1413) for the protection of women's marriage rights in Punjab. She said that the NCHR also has a complaint redressal mechanism and continuously follows up on rules and implementation of provincial domestic violence Acts in Sindh and Balochistan. She said that three laws including the Punjab Protection of Women against Violence Act 2016, Domestic Violence Prevention and Protection Act Sindh, 2013 and Domestic Violence Prevention and Protection Act Balochistan, 2014 are in place whereas the Domestic Violence (Prevention and Protection) Act 2020 is pending. She said that the rules for provincial laws are still pending. “In Sindh, it took 6 years for the first conviction under Domestic Violence Prevention and Protection Act Sindh, 2013.”

Punjab Protection of Women Against Violence Act 2016 was passed on February 24, 2016, by the Punjab Assembly, almost nine months after it was approved by the provincial cabinet in May 2015. The delay was caused because of in-house objections even from lawmakers. However, days after it was adopted, the legislation landed in the Federal Shariat Court (FSC) as its provisions were challenged in the court.

In a landmark decision, the FSC approved the law passed by the Punjab Assembly and declared that it was not against the injunctions of Islam. An FSC bench comprising Chief Justice Dr Syed Mohammad Anwar and Justice Khadim Hussain M. Sheikh announced the reserved judgement on November 30, 2022. The judgement stated that in Islam, violence is disliked and strictly controlled and the religion has protected women from all sorts of violence. The decision has also paved the way for the approval of the Domestic Violence Bill at the federal level which is lingering for a long. Chairperson, NCHR, Rabiya Javeri Agha said that the Commission is launching a campaign to lobby for the passing of legislation which is in the ambit of Islam and not contrary to Islam’s teachings as declared by the FSC. “In the recently held Universal Periodic Review of Pakistan before the Human Rights Council on January 30, many member countries such as Sweden Australia, Brazil and Japan recommended Pakistan to pass Domestic Violence Bill. There is consensus at every level that Pakistani society needs this law. It is high time for the government to pass this legislation.”