Battling violence, one reform at a time

December 8, 2024

A review of the legislative landscape to addressing violence against women

Battling violence, one reform at a time


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very year, 16 Days of Activism Against Gender-Based Violence serves as a sobering reminder of the legal challenges and incremental progress Pakistan has made in combating violence against women. Despite a robust legal framework aimed at protecting women, the real-world implementation of these safeguards remains fraught with obstacles, reflecting a larger struggle against entrenched societal norms, institutional inefficiencies and gaps in enforcement.

A review of the legislative landscape reveals a multi-faceted approach to addressing violence against women. The Anti-Rape (Investigation and Trial) Ordinance, 2020, remains a cornerstone of reform. It mandates time-bound investigations, the use of DNA evidence and the establishment of special courts for rape cases. Over the last year, these provisions have been increasingly invoked, particularly in urban centres where forensic infrastructure and legal awareness are more advanced. However, rural areas, where traditional power structures dominate, often witness these safeguards being ignored or undermined. For instance, in cases of sexual violence reported in tribal areas, local jirgas (tribal councils) continue to impose extrajudicial punishments, contravening the legal framework.

The Protection Against Harassment of Women at the Workplace Act, 2010, underwent significant amendments in 2022 that have continued to shape its enforcement into 2024. These changes were aimed at addressing gaps in the original law, particularly in expanding its scope and aligning it with international standards, such as the ILO’s Violence and Harassment Convention (C190). The amendments have broadened protections and provided clarity on definitions of harassment and workplace contexts, significantly impacting workplace dynamics in Pakistan. The amendments expanded the definition of ‘workplace’ to include both formal and informal sectors. This revision covers spaces beyond traditional offices, including remote and gig work settings, studios, educational institutions; even domestic environments. Informal workers, freelancers and domestic workers, who previously fell outside the Act’s ambit, are now explicitly included, addressing a critical oversight in the original law. This inclusion is vital, as informal workers constitute a significant portion of Pakistan’s workforce and are particularly vulnerable to harassment. The definition of harassment has also been broadened to encompass gender-based discrimination that creates hostile or intimidating work environments, even if the conduct is not sexual. This update aligns with constitutional principles of dignity and equality, providing a more comprehensive framework for addressing workplace injustices. Furthermore, protections have been extended to students, apprentices and trainees, recognising that harassment is not confined to employer-employee relationship.

The amendments have led to increased awareness and reporting of harassment, especially in urban and formal work settings. However, implementation challenges persist. Many organisations, particularly in smaller towns and informal sectors, remain unaware of their obligations under the Act. Despite the legal requirement for companies to establish anti-harassment committees and display codes of conduct, compliance is inconsistent, often leaving victims without recourse. Moreover, social stigma continues to hinder reporting, particularly in cases involving gender discrimination and non-sexual harassment. Victims often fear retaliation or reputational harm, deterring them from seeking legal remedies. While the law has streamlined the complaints process to prevent retaliation, cultural barriers still impede its full utilisation.

The Domestic Violence (Prevention and Protection) Act 2020, also adopted at the provincial level, has seen varied levels of implementation. The Punjab, for instance, reported a modest increase in the issuance of protection orders last year, signalling some progress in addressing domestic abuse. However, in Khyber Pakhtunkhwa and Balochistan, enforcement remains weak due to resource limitations and societal resistance in viewing domestic abuse as a criminal matter. Efforts by women’s rights groups have led to renewed advocacy for a federal-level domestic violence law to harmonise protections nationwide.

Another critical area of legal reform has been the Acid Control and Acid Crime Prevention Act, 2011, which introduced severe penalties for acid attacks and imposed restrictions on the sale of corrosive substances. While this law has been in place for over a decade, recent improvements include stricter monitoring of acid sales in urban areas. This has coincided with a decline in reported acid attacks in cities like Lahore and Karachi. However, there is still need for better outreach and awareness in rural areas.

A persistent issue undermining these legislative gains is the Qisas and Diyat provisions in the Penal Code. These laws allow perpetrators of heinous crimes, such as ‘honour’ killings, to evade punishment if forgiven by the victim’s family. Despite the Criminal Law (Amendment) Act, 2004, which sought to prevent the misuse of these provisions in ‘honour’ related crimes, the practice persists. Over the past year, courts have increasingly scrutinised such settlements, but a complete legislative overhaul remains elusive. In one widely publicised 2023 case in Sindh, public pressure and media coverage prevented a family from withdrawing their complaint under the Qisas and Diyat provision, leading to the conviction of the perpetrators.

Legal challenges have also arisen in addressing emerging forms of violence, such as digital harassment and online abuse. The Prevention of Electronic Crimes Act, 2016, criminalises cyberstalking, harassment and the non-consensual sharing of intimate images. Last year, several high-profile convictions under this law demonstrated its growing role in protecting women online. However, enforcement is hampered by a lack of specialised cybercrime units and low reporting rates, as victims often fear further harassment or a lack of action by authorities.

Amid these challenges, there are signs of progress in institutional reform. Women’s police stations, while not new, gained more attention in the past year, with more women opting to report crimes at these specialised facilities. The presence of female officers has improved the reporting and investigation of gender-based violence, particularly in urban areas. However, their reach remains limited, and many stations lack adequate resources to handle the volume and complexity of the reported cases.

Judicial reforms have also gained traction, particularly in the form of special courts for gender-based violence cases. These courts, envisioned to expedite trials and provide a more survivor-centric environment, have shown promise in Lahore and Islamabad. However, their limited number and uneven geographic distribution mean that many survivors continue to face delays in accessing justice. Setting up similar courts in underserved regions remains a critical priority.

Grassroots activism has played a pivotal role in bridging the gap between legislation and real-world impact. Over the past year, organisations like the Aurat Foundation and legal aid clinics have expanded their outreach, particularly in remote and marginalised communities. These initiatives provide survivors with legal representation, counselling and support in navigating complex legal processes. However, the sustainability of such programmes often depends on donor funding, which remains uncertain amid shifting political and economic priorities.

As Pakistan marks another year of the 16 Days of Activism, the interplay between vigorous laws and persistent challenges highlights the complexity of combating gender-based violence. While legislative reforms have provided a strong foundation, their impact has been constrained by societal attitudes, resource gaps and uneven implementation. Going forward, Pakistan must focus on harmonising provincial and federal laws, ensuring equitable access to justice and fostering a cultural transformation that unequivocally rejects violence against women. Only then can the promise of these legal safeguards translate into tangible safety and dignity for all women in the country.


The writer is an advocate of High Court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com

Battling violence, one reform at a time