Laraib Nisar
The Khyber Pakthunkhhwa Assembly achieved a huge milestone in women empowerment on January 18, 2021, when it passed the Domestic Violence against Women (Prevention and Protection) bill 2021, to curtail the peril of domestic violence against women in the province.
Khyber Pakhtunkhwa was Pakistan’s only province not having a special policy to deal with the critical and prevalent issue of domestic violence. The matter of legislation against domestic violence hung around for eight years due to the opposition of the MPAs from the religio-political parties.
The bill on domestic violence has been pending with the assembly since 2012, and now with efforts from several actors and numerous alterations, the bill was passed by the provincial assembly. The passing of this imperative piece of legislation has instigated a wave of happiness across the women of the region as they had been suffering a lot due to this malign practice which was unfortunately considered legitimate due to cultural values.
The Khyber Pakhtunkhwa Domestic Violence against Women (Prevention and Protection) Bill 2021 was moved in the house for approval by Dr. Hisham Inamullah Khan, the Provincial Minister for Social Welfare. The bill defined domestic violence against women in the light of three factors i.e. economic, psychological, and physical abuse.
The bill states that a petition against domestic violence will be filed against culprits within 15 days of the incident, and the courts will have to give their verdict within two months. If case of any offender violating court orders, he or she will face one-year imprisonment and a fine of up to Rs. 300,000. Additionally, the new law states that “Any person, who commits an act pursuant to subsection (1), shall be deemed to have committed an offense under this act and shall be liable to imprisonment for a period not less than one year and up to a maximum of five years, in addition to fine as provided for the said offense in the Pakistan Penal Code 1860”.
Moreover, the landmark bill marks the setting up of a six-member District Protection Committee aiming to provide medical treatment, legal assistance, and shelter to the victims of domestic violence, along with the government setting up a helpline to assist the victims in easily reporting the cases of domestic violence.
The bill is a comprehensive document providing a complete mechanism for victims of domestic violence to take prompt action against the offender and to take legal assistance and support from the government, stated Ms. Ayesha Bano, Member KP Assembly representing Pakistan Tehreek-e-Insaf. She further added that this inclusive law covers the real-time issues faced by the women of KP in their daily lives, along with covering issues related to physical, economic, psychological, and sexual violence. Furthermore, the bill is designed to safeguard the fundamental rights of women by allowing them to consult courts and the judicial machinery in case of any violation of their basic rights. The legislation permits the committee to first try to mediate between the victim and the offender. One chance for reconciliation as per the victim and offender’s choice must be provided before taking legal action, added Ms. Ayesha.
Dr. Sumaira Shams, Member KP Assembly congratulated the women from marginalized sector on the passage of the Domestic Violence Bill by stating that this bill will facilitate a lot of women and will play a role in the resolution of numerous social problems. She further clarified that the bill doesn’t focus on marital issues only, in fact it covers a broad range of issues including inheritance, workplace violence etc. PTI envisions to empower women while keeping our cultural and religious beliefs in mind, and the passage of this bill is a milestone in achieving the goal of women empowerment, and the next target of the KP Assembly is to pass bills on Child Abuse and Child marriages, stated Dr. Sumaira.
However, it must be kept in mind that passing legislation alone is not enough to curtail such problems which are deep-rooted in the social fabric. Effective implementation of the approved legislation has a crucial role to play in the achievement of the desired objectives. The provincial government should take tangible steps to improve the implementation of the above-mentioned legislation. To attain this, efforts should be made to transform and strengthen inquiry and trial procedures along with reforming the court and prison structures. Moreover, it is extremely essential to make the public, especially women aware of the rights and opportunities that the bill has created for them, and that it is totally safe and appropriate to report such cases in the court of law. Additionally, effective and timely action in the registered cases must be ensured to gain public confidence and to make women feel safe in real terms. Not to be forgotten is the fact that despite these large-scale measures at the provincial and national level, the most important reform for protecting women is to be brought at the individual level. The religious and formal educational sector must ensure the inculcation of values like respect of women, safeguard of women rights etc. in the youth, to achieve the desired results at a deeper level.
The author Laraib Nisar is a Defense and Strategic Studies’ graduate, working as a Research Associate at Center for Research and Security Studies (CRSS) Islamabad.
