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Mehmil Khalid Kunwar

Legal Challenges Mar Fight against Domestic Violence

Published on: October 24, 2022 8:28 AM

October 24, 2022 by Mehmil Khalid Kunwar

Domestic violence has become a perpetual threat to women who are forced to endure it as they are dependent on their husbands for their livelihood and maintenance. It has been reported that almost 90 per cent of women in Pakistan have experienced some form of domestic violence at the hands of their husbands or families that include punching, kicking, beating, yelling and threatening the victim with offensive words. Given the prevalence of patriarchal norms in society, women feel hesitant in complaining about the abusive attitudes of their husbands, which, in most cases, results in mental health issues and long-life traumas.

Experts suggest that women in Pakistan, especially those living in rural areas, consider it the right of husband to beat his wife as, in this way, he can vacate his mind from negative thoughts that frustrate him and acquire happiness. The deep-rooted patriarchy in their traditions teaches them to respect their husband’s happiness more than their dignity and peace of mind. As per a report, 50 per cent of women who experience domestic violence do not intend to register complaints and suffer in silence. Only 0.4 per cent of women take their cases to the court. Nevertheless, until recently, owing to an increased level of awareness among the public, women have decided to break the archaic cycles of tortures and traumas and are struggling for their rights fervently.

The Domestic Violence (Prevention and Protection) Act was passed by the legislation in 2020 to establish an effective system of protection, relief, and rehabilitation of women, children, elders, and any vulnerable persons against domestic violence. The Bill defines domestic violence as “all acts of physical, emotional, psychological, sexual and economic abuse committed by a respondent against women, children and the vulnerable person is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person.”

The police should work with transparency without working hand-in-glove with the culprits.

Despite a continuous struggle of introducing such a comprehensive piece of legislation, the menace of domestic violence has been haunting the lives of women who are bound to suffer in silence as raising their voices brings more harm than good. A research study was carried out in Pakistan in which women were asked about their views on domestic violence and the related forms of abuse they are confronted with. All women (100 per cent) reported that they are being abused verbally(use of bad or abusive language, harsh tone, bullying)and 58 per cent responded psychological abuse (that includes infidelity by their husbands, emotional blackmail by the perpetrators, character assassination, social isolation or perceived neglect of basic needs by the husband) combining other types of violence. The report suggested that physical violence usually takes place in combination with verbal/psychological violence and was reported by 76 per cent of women.

A prominent rights activist, Tahira Abdullah, complained about the growing cases of violence against women and blamed the authorities for not doing enough to control it.

“I could give you a list, longer than my arm, only in one week of attacks against women. The epidemic of sexual crimes and violence against women in Pakistan is a silent epidemic. No one sees it. No one is talking about it,” she said.

Analysts say that there seem to be some loopholes present in the law that needs to be plugged for its smooth application in dealing with the matters. First, the domestic violence law remains to be impracticable since its implementation requires transparency, a merit-based police force and fair decisions taken by the judiciary. The offenders covertly enjoy impunity as most of the officials take bribes and leave the matter unattended. Another reason, besides the lack of implementation of the law, is the casual attitude of police and their subsequent delinquency in resolving the matters. It has been observed that victims having strong financial and political backgrounds are given justice while the remaining cases are left as it is with victims themselves being blamed for suffering.

Advocate Sajid Khan Tandi was asked about the unsatisfactory performance of laws in Pakistan in bringing justice to which he responded, “Pakistan is overflowing in legislation. The thing that lacks is implementation, which seems to be impossible in the prevailing investigation and justice systems.”

Rights activists say that any law, when passed, can only bring expected results if there is a responsive system that passes decisions independently. It is a prevalent practice that cases get lingered on for decades that could not give victims the justice they demand and also leave the offenders freely to commit more violence. To avoid pending cases, they suggest, especially domestic violence courts can be set up with increased resources to distribute the workload. It is also advised to train the police so that they can work in an unbiased manner and avoid delaying registering FIR. The police, they believe, should work with transparency without working hand-in-glove with the culprits.

Above all, the activists support the widely-held belief that the government and other relevant stakeholders should involve themselves seriously in preparing the ground to bring the law into action so that a peaceful environment can be provided to women.

The writer is a sociocultural critic with a focus on human rights. She can be reached at mehmilkhalid@gmail.com

Filed Under: Op-Ed

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