SHC seeks report on implementation of domestic violence law

The Sindh High Court (SHC) has directed the provincial chief secretary to submit a report with regard to the implementation of the Domestic Violence (Prevention and Protection) Act 2013 and ensure that the commission and committees for redressing the injustices to domestic violence victims are notified within a month.

Hearing the petitions of women seeking protection against domestic violence and harassment by their spouses, in-laws and other relatives, the SHC’s single bench headed by Justice Salahuddin Panhwar also directed the provincial advocate general to inform the court if the Rules under the Act have been framed.

The bench observed that the Domestic Violence (Prevention and Protection) Act 2013 has been enacted by the provincial government to institutionalise the measures that prevent and protect women, children and other vulnerable persons from domestic violence.

The court stated that the law was enacted to provide protection to the weakest class of society, and that Section 3 of the law directs the government to ensure that wide publicity of the law, including awareness training to the police as well as to the members of the judicial service and other relevant departments.

The judge said that the law brought the provincial government under mandatory obligation to divulge the scope and objective of the Act so that the aggrieved may no more be victims of domestic violence and could rather feel protected, and those guilty of these actions may be prevented from repeating such offences.

The bench observed that despite being under such bounden obligation, the provincial government failed to implement the law and rather allowed it to remain in the shadows at the cost of otherwise guaranteed fundamental rights of the aggrieved.

The court directed the Sindh government to immediately comply with Section 3 of the Act in letter and spirit. It also stated that the law itself has vested jurisdiction in the courts, but it does not seem to be exercised perhaps because of the non-compliance of Section 3.

The judge ordered the SHC inspection team’s member to ensure that the Act is circulated to all magistrates, who will then ensure compliance when any person falling within the category of that Act approaches them so they can be provided with protection.

The bench observed that judicial magistrates will be competent to pass further orders with regard to monetary aid as well as with regard to restraining the eviction of women, children and the elderly. The court directed the Sindh police chief to ensure that harassment complaints in the above categories are referred to the relevant magistrates.

The judge said that bar associations are houses of those believed to be well versed in the law, so it is also hoped that the bar associations will provide the necessary knowledge about the scope and object of the Act by arranging seminars and other events, and inviting judges for taking part in them as well.

The bench observed that the proper remedy for the issue of domestic violence lies with the magisterial court, so it would be appropriate to leave it open to be addressed.

The court, however, observed that the judicial magistrate having the jurisdiction of police stations concerned will ensure that no harassment is caused to the petitioners and their children.

The judge directed the chief secretary to submit a report with regard to sections 3, 4, 17, 18 and 21 of the Domestic Violence (Prevention and Protection) Act 2013, and ensure that the relevant commission and committees are notified within a month as well as the Act is given wide publicity.

The bench also directed the advocate general to submit a report if the Rules under the Act have been framed. The chief secretary, the provincial police chief, the prosecutor general, the Sindh Bar Council, the social welfare department and others have been issued with notices to appear in court and assist on the issue.