Domestic violence is a pattern of behavior in familial relationships, used to gain or maintain power and control over an intimate partner. Domestic violence can include physical, sexual, emotional, economic, or psychological actions or threats that influence and terrorize another person. Domestic violence can include frightening, intimidating, manipulating, hurting, humiliating, blaming, hitting, injuring, or wounding someone. Here it is important to note that victims of domestic violence may also include children, relatives, or any other household member.
The Law Against Domestic Violence in Pakistan
Domestic violence is a pervasive issue in Pakistan, with an estimated 40% of women having reported experiencing abuse from a partner or family member. Despite the prevalence of this issue, there are very few laws in place to protect victims. In this article, we’ll explore what the law against domestic violence in Pakistan looks like and how it can be used to protect survivors. We’ll also discuss how NGOs and other organizations are fighting for better legislation and stronger enforcement of existing laws in order to ensure that all women have access to the justice they deserve.
The Types of Domestic Violence
There are four types of domestic violence under Pakistani law: physical, mental, sexual, and economic.
1. Physical domestic violence is when a person is physically harmed by their intimate partner. This can include hitting, kicking, burning, or using any other type of force against the victim.
2. Mental domestic violence is when a person is psychologically harmed by their intimate partner. This can include verbal abuse, threats, intimidation, or controlling behavior.
3. Sexual domestic violence is when a person is forced to participate in sexual activity against their will or without their consent. This can include rape, sexual assault, or unwanted sexual touching.
4. Economic domestic violence is when a person is financially harmed by their intimate partner. This can include withholding money, preventing the victim from getting or keeping a job, or destroying property belonging to the victim.
The Domestic Violence Act
The Domestic Violence Act was passed in 2010 and criminalizes various forms of domestic violence, including physical, sexual, emotional, and economic abuse. The act also provides for protection orders and redressal mechanisms for victims of domestic violence.
What is considered domestic violence in Pakistan?
Domestic violence is a serious problem in Pakistan. According to a report by the Human Rights Commission of Pakistan, over 1,000 women are killed each year in Pakistan as a result of domestic violence. The problem is exacerbated by the fact that there is no law against domestic violence in Pakistan.
While there is no specific law against domestic violence in Pakistan, there are a number of laws that can be used to prosecute perpetrators of domestic violence. These include the penal code, the criminal procedure code, and the Muslim Family Laws Ordinance.
The penal code contains provisions that can be used to prosecute perpetrators of domestic violence. For example, section 302 of the penal code deals with murder, and section 307 deals with attempted murder. Section 310 deals with hurt caused by dangerous weapons or means, and section 324 deals with voluntarily causing grievous hurt by dangerous weapons or means.
The criminal procedure code contains provisions that deal with procedures for arrests and bail in cases of domestic violence. Section 506 deals with punishment for criminal intimidation, and section 509 deals with punishment for using insulting words or gestures to provoke a breach of the peace.
The Muslim Family Laws Ordinance contains provisions that deal with marriage, divorce, custody, and maintenance in cases of domestic violence. For example, section 496-A deals with dowry demands made after marriage, and section 498-A deals with cruelty by husband or his relatives towards a wife.
Who can file a complaint of domestic violence?
In Pakistan, any woman who is a victim of domestic violence can file a complaint against her abuser. The first step is to contact the police and make a report. Once the police have been notified, they will investigate the abuse and determine whether there is enough evidence to file charges against the abuser. If there are sufficient grounds for doing so, the abuser will be arrested and taken into custody.
The next step is for the victim to file a petition with the court, which will then issue a protection order requiring the abuser to stay away from the victim and her family. The protection order can also include other provisions such as ordering the abuser to surrender any firearms he may have in his possession. If the abuser violates the protection order, he can be arrested and charged with contempt of court.
If you are a victim of domestic violence, it is important to know that you have legal options available to you. You should not hesitate to reach out for help if you are in an abusive situation.
What are the penalties for domestic violence in Pakistan?
Under Pakistani law, domestic violence is a criminal offense. The penalties for domestic violence depend on the severity of the offense and can range from a fine to imprisonment. In some cases, the offender may also be required to pay restitution to the victim.
If you are convicted of domestic violence in Pakistan, you may face any of the following penalties:
- A fine of up to Rs. 100,000
- Imprisonment for up to 2 years
- Restitution to the victim