ccess to justice in Pakistan is peppered with hurdles along the way. This is particularly true for women who must battle the taboos associated with seeking justice for the enforcement of their rights. Despite being duty bound, the police do not assist women who try to seek justice in such cases. In fact, they often obstruct the process of registering a complaint for survivors of violence. They try to discourage women from registering complaints and oftentimes pressure them to reconcile with the perpetrators of their crimes. Not taking assaults seriously simply because they have taken place at home has led to an increase in domestic violence cases in Pakistan.

Pakistan is ranked the second worst country in the world for women in the Global Gender Gap Report 2022. It ranks at 145 out of 146 countries. This is no surprise in light of the following statistics. The Journal of Pakistan Medical Association reports that 70 percent to 90 percent of Pakistani women are subject to domestic violence. The National Police Bureau Statistics on Violence against Women in 2019-21 reported 3,897 cases of murder, 5,171 of violence and 103 of acid throwing. A detailed report recently presented to the National Assembly highlighted that 63,367 cases of violence against women were registered with the police over the last three years. Many crimes go unreported. Only in high profile cases are the perpetrators of violence held accountable. 91 percent cases of domestic violence go unreported in the media, according to research conducted by the Sustainable Social Development Organisation and the Centre for Research, Development and Communication.

The police’s duty to register a first information report (FIR) for all cognisable offences is highlighted under Section 154 of the Criminal Procedure Code 1898 (CrPC). A cognisable offence is one where the police can arrest the accused without a warrant. The word “shall” in Section 154 clearly indicates that it is mandatory for the police to record the information relating to the commission of a cognisable offence. Assaulting a woman with the intention to outrage her modesty is a cognisable offence so that the police do not have the discretion to refuse to register an FIR in cases of domestic violence. Despite this mandatory requirement to register an FIR, victims are subject to intrusive questioning by the police prior to the registration of their complaint. They are often asked inappropriate questions to discourage them from filing a case. Many victims are turned away on the pretext that since the abuse took place at home, it is a “family matter.” This is so even when the police are presented with clear signs of physical abuse or a certified medical report. In many cases of spousal violence, the police try to act as mediators, asking the couple to reconcile or the women to “show some level of tolerance”. Instead of facilitating the victim’s fight for justice, the police become a barrier to it.

Despite the mandatory requirement to register an FIR, victims are subject to intrusive questioning by the police prior to the registration of their complaint. They are often asked inappropriate questions to discourage them from filing a case.

Police stations are the first port of call for any victim of domestic violence. The resistance put up by the police serves as a clear deterrent for those seeking justice. It is only the most resilient women, have strong family support, that make any progress in the fragmented justice system. The victim is exhausted by the long and onerous legal proceedings as she is shuttled from one forum to the next. If the police refuse to register an FIR and to investigate the abuse, women are left with no choice but to approach the courts to seek a direction for the registration of an FIR. If a victim is successful in obtaining such a direction from the court, weeks later, any evidence that could have been instrumental to her case is likely to have been destroyed.

There is a clear lack of awareness and training in police on domestic violence. It is essential for the police to be well-equipped to facilitate women and to initiate proper and speedy investigations. For this, they must understand their obligations under the law. The police must also be trained to abide by strict step-by-step procedures in dealing with complaints of violence. Every police station should have a separate special unit, composed of trained officers, which deals with cases of domestic violence. At present, women must enter a daunting police station and the first responders are most often men that turn them away.

Having separate female-led units and ensuring privacy will encourage more women to come forward with their complaints. It is imperative that police officials be provided with rigorous sensitivity and psychosocial training in this regard. Such training was envisioned under the Protection of Women Against Violence Act 2016. However, six years later, this has not happened. Both the police and the victims must be educated as to the protections and legal remedies available to them. This will also serve to empower more women to enter the workforce and to reduce Pakistan’s gender gap. The empowerment of women is also the ultimate remedy to stop violence against them.

The writer is a human rights advocate and the founder of She-her Pakistan, a legal aid organisation providing pro bono services to vulnerable Pakistanis. She studied law at Cambridge University. She practices in both the high court and lower courts.