An increasing number of Pakistani women are turning to legal avenues to address domestic violence (DV). However, significant implementation gaps remain. The province of Sindh adopted a comprehensive roadmap to implement its DV law, marking a significant step forward. While Sindh’s initiative is promising, comprehensive reforms and coordinated efforts are essential nationwide to ensure effective protection for victims and systemic change.
DV is a major barrier to gender equality in Pakistan, which ranks 145th out of 146 countries in the Global Gender Gap Report 2024 which measures gender parity across economic, educational, health, and political-related indices.
Globally, 27% of women aged 15-49 report experiencing physical and/or sexual violence from their intimate partner. In Pakistan, however, 70 to 90 percent of women experience some form of physical, emotional, or psychological abuse from an intimate partner.
The law on domestic violence in Sindh, Pakistan
Sindh was the first province in Pakistan to enact a law on preventing DV. It enacted the Domestic Violence (Prevention and Protection) Act in 2013 (DV Act) and formulated rules in 2016. The DV Act and rules together form the DV law in Sindh. The law provides grievance redressal mechanisms and sets up institutions to protect the rights of women, children, and other vulnerable persons. This includes protection and reporting mechanisms, such as protection committees (which consist of medical practitioners and psycho-social workers) and the Commission on Domestic Violence.
Additionally, gender-sensitive systems for protection such as direct petitions to the Courts were also introduced. The Courts are empowered to pass protection, residence, and monetary relief orders. Further, it has been mandated that the petition should be disposed of within 90 days by the courts for expedited redressal.
Following this, all provinces except the Islamabad Capital Territory (ICT) enacted specific laws to prevent DV. Sindh is also the first province in Pakistan to adopt a roadmap for addressing domestic violence through the implementation of the DV law. The roadmap was developed by the Sindh Human Rights Commission(SHRC), an independent government institution with the mandate to promote and protect human rights. The roadmap provides a comprehensive analysis of the DV law, outlining the areas where the law must be amended to effectively protect victims/survivors.
Key recommendations of the roadmap for addressing domestic violence
Currently, the law does not explicitly state that the police can register a First Information Report (FIR). An FIR is the first step in initiating a criminal investigation and taking the case forward to court. The roadmap revealed that about 1,491 cases of DV were reported during January and May 2024 to the provincial police in Sindh but only 5 FIRs were registered under the DV Act during the time-period of January 2023 and March 2024. Hence the roadmap recommended that the law should be amended to explicitly provide powers to the police to lodge an FIR to increase access to justice.
The roadmap outlines specific actions for government departments, civil society organizations, and academic institutions to prevent DV, protect victims/survivors, prosecute offenders, and provide rehabilitation to those affected. For example, section 7 of the DV Act allows a victim/survivor to lodge a direct petition in the Court against the perpetrator. However, it was revealed that only 320 cases were filed under the DV Act since its enactment in 2013. The roadmap revealed that the Courts are not victim-friendly, hence victims/survivors do not access the courts for redressal. Hence the roadmap suggested that the judiciary should conduct gender-sensitization training of judges along with strengthening victim-protection mechanisms such as video-link evidence.
Additionally, the roadmap recommended that the ‘Commission on Domestic Violence’ as provided under section 4 of the DV Act should be established to protect the victims/survivors of DV. Under Section 4(2)(a), it can review and suggest amendments to the law ensuring evolving protection for victims/survivors.
Currently, shelter homes have not been established in all districts across Sindh. Shelter homes are crucial in rehabilitating victims/survivors of DV. Therefore, the roadmap also provided a comprehensive analysis of Pakistan’s international law obligations, including under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The roadmap highlighted the Concluding Observations by the CEDAW Committee received by Pakistan on 17 March 2020 which highlighted that Pakistan ‘ensure the availability of inclusive and accessible shelters for women who are victims of violence…’’.
Conclusion
Violence against women is preventable. The ripple effect of DV extends far beyond the immediate victim, impacting families, communities, and society at large. Both the provincial and federal governments in Pakistan must coordinate efforts to end DV and pave the way for a gender-equal society.
The roadmap developed by the SHRC is a step in the right direction for the prevention of DV in Sindh. Other provinces should draw inspiration from Sindh’s initiative and create similar roadmaps to prevent DV. Additionally, the Parliament of Pakistan must enact a law to protect victims of DV in the ICT.