Domestic Violence
Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over another person, but within a household or domestic setting. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that can harm another person’s well-being. This also includes any behavior that frightens, intimidates, terrorizes, manipulates, hurts, humiliates, blames, injures, or wounds someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can also occur within a range of relationships, in the majority of cases by a partner or ex partner but also by a family member or carer.
Domestic Violence
Domestic abuse, also called “domestic violence” or “intimate partner violence”, can be defined as a pattern of behavior in any relationship that is used to gain or maintain power and control over another person, but within a household or domestic setting. Abuse is physical, sexual, emotional, economic or psychological actions or threats of actions that can harm another person’s well-being. This also includes any behavior that frightens, intimidates, terrorizes, manipulates, hurts, humiliates, blames, injures, or wounds someone. Domestic abuse can happen to anyone of any race, age, sexual orientation, religion, or gender. It can also occur within a range of relationships, in the majority of cases by a partner or ex partner but also by a family member or carer.
Physical violence is an act attempting to cause, or resulting in, pain and/or physical injury. The main aim of the perpetrator is not only – or may not always be to cause physical pain, but also to limit the other's self-determination.
Dowry deaths relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family.
Sexual abuse involves forced sexual relations such as coercing someone into sexual acts, hurt with weapon during sex, marital rape, violation of reproductive rights by preventing pregnancy or forced abortion.
Economic abuse involves making or attempting to make a person financially dependent by maintaining total control over financial resources, withholding access to money, and/or forbidding attendance at school or employment.
Due to substance and drug abuse. Men will continue to be abusive as long as we as a culture embrace the idea and privilege of male supremacy. Men will continue to abuse women as long as we accept and condone violence against women as a culture.
Emotional abuse includes disrespecting someone, belittling them, intimidating them, being obsessively jealous of them or threatening to divorce them. It also involves constantly accusing the victim of having an affair or relationships.
Physical violence is an act attempting to cause, or resulting in, pain and/or physical injury. The main aim of the perpetrator is not only – or may not always be to cause physical pain, but also to limit the other's self-determination.
Dowry deaths relate to a bride's suicide or killing committed by her husband and his family soon after the marriage because of their dissatisfaction with the dowry. It is typically the culmination of a series of prior domestic abuses by the husband's family.
Sexual abuse involves forced sexual relations such as coercing someone into sexual acts, hurt with weapon during sex, marital rape, violation of reproductive rights by preventing pregnancy or forced abortion.
Economic abuse involves making or attempting to make a person financially dependent by maintaining total control over financial resources, withholding access to money, and/or forbidding attendance at school or employment.
Due to substance and drug abuse. Men will continue to be abusive as long as we as a culture embrace the idea and privilege of male supremacy. Men will continue to abuse women as long as we accept and condone violence against women as a culture.
Emotional abuse includes disrespecting someone, belittling them, intimidating them, being obsessively jealous of them or threatening to divorce them. It also involves constantly accusing the victim of having an affair or relationships.
Of the women report that violence either increases or does not change at all even when they are pregnant.
(Source: Gender and Pandemic: Urgent Call for Action – Punjab Govt Brief)
Of women in Pakistan have experienced some form of domestic violence, at the hands of their husbands or families.
(Source: Gender and Pandemic: Urgent Call for Action – Punjab Govt.Brief)
Domestic Violence Laws (Pakistan Penal Code, 1860)
Kindly note that the discussions are underway to legislate and criminalize domestic violence at national level, wherein Domestic Violence (Protection and Prevention) Bill 2021 is under consideration in the parliament (introduced as of July, 2021), recurrently being rejected by the opposition. The laws safeguarding women from domestic violence at provincial level are as follows:
Punjab Protection of Women against Violence Act (2016)
Explanation: Domestic violence means, the violence committed by the defendant with whom the aggrieved is living or has lived in a house when they are related to each other by consanguinity, marriage or adoption. Violence means any offence committed against the human body of the aggrieved person including abetment of an offence, domestic violence, sexual violence, psychological abuse, economic abuse, stalking or a cybercrime.
Punishments: Victims of domestic violence can approach the court themselves, or through the Women Protection Officers, to obtain Interim, Protection, Residence or Monetary Orders to prevent further violence, retain the right to reside in the marital home, and obtain maintenance from the accused. The period of validity of an order will be defined by the Court. Violation of the terms of any Order mentioned above can result in imprisonment of up to 1 year, or fine ranging from Rs. 50,000 to Rs. 200,000.
Sindh Domestic Violence Prevention and Protection Act 2013
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based and other physical or psychological abuse committed by a respondent against women, children or other vulnerable persons, with whom the respondent is or has been in a domestic relationship including
Punishment: Emotional, psychological and verbal abuse shall be punishable with imprisonment of minimum six months or with fine to be paid as compensation to the aggrieved person which shall not be less than ten thousand rupees or with both.
Sexual abuse offences such as compelling the wife to cohabit with anybody other than the husband or any kind of sexual abuse including sexual harassment of a member of the family shall be punishable with imprisonment of either description not less than two years or with compensation to the aggrieved party which shall not be less than fifty thousand rupees or with both.
Any person who commits “Economic abuse” which includes deprivation of economic or financial resources or prohibition or restriction to continue access to such resources which the aggrieved person is ordinarily entitled to has to pay compensation to the aggrieved person for suffering as a consequence of economic abuse to be determined by the court.
Khyber Pakhtunkhwa Domestic Violence Prevention and Protection Act 2021
Explanation: Domestic violence means that violence committed by the complainee against the complainant with whom the complainant is in a domestic relationship. Violence means and include but not limited to an act, omission, commission, or conduct of the complainee which result in any physical, psychological, emotional or economic abuse to the complainant and also include, but not limited to, abetment, assault, criminal force, hurt, mischief and wrongful confinement, as defined in the code.
Punishment: Any person, who commits the offence of Domestic Violence shall be liable to imprisonment for a period not less than one year and up to maximum of five years, in addition to fine provided for the said offence.
Balochistan Domestic Violence Prevention and Protection Act 2014
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based or other physical or psychological abuse committed by an accused against women, children or other vulnerable persons with whom the accused is or has been in a domestic relationship.
Punishment: Under this Act, an “aggrieved person” can put an application against an “accused person” in the court within whose jurisdiction offence was committed for seeking any relief under this Act. An application made under this act shall be disposed of within a period of thirty days and any adjournment given during the hearing of the application shall be granted for reasons to be recorded in writing by the Court. The court may, at any stage of the application, give protection order or for any other relief under this Act grant temporary custody of an aggrieved person.
Of the women report that violence either increases or does not change at all even when they are pregnant.
(Source: Gender and Pandemic: Urgent Call for Action – Punjab Govt Brief)
Of women in Pakistan have experienced some form of domestic violence, at the hands of their husbands or families.
(Source: Gender and Pandemic: Urgent Call for Action – Punjab Govt.Brief)
Domestic Violence Laws (Pakistan Penal Code, 1860)
Kindly note that the discussions are underway to legislate and criminalize domestic violence at national level, wherein Domestic Violence (Protection and Prevention) Bill 2021 is under consideration in the parliament (introduced as of July, 2021), recurrently being rejected by the opposition. The laws safeguarding women from domestic violence at provincial level are as follows:
Punjab Protection of Women against Violence Act (2016)
Explanation: Domestic violence means, the violence committed by the defendant with whom the aggrieved is living or has lived in a house when they are related to each other by consanguinity, marriage or adoption. Violence means any offence committed against the human body of the aggrieved person including abetment of an offence, domestic violence, sexual violence, psychological abuse, economic abuse, stalking or a cybercrime.
Punishments: Victims of domestic violence can approach the court themselves, or through the Women Protection Officers, to obtain Interim, Protection, Residence or Monetary Orders to prevent further violence, retain the right to reside in the marital home, and obtain maintenance from the accused. The period of validity of an order will be defined by the Court. Violation of the terms of any Order mentioned above can result in imprisonment of up to 1 year, or fine ranging from Rs. 50,000 to Rs. 200,000.
Sindh Domestic Violence Prevention and Protection Act 2013
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based and other physical or psychological abuse committed by a respondent against women, children or other vulnerable persons, with whom the respondent is or has been in a domestic relationship including
Punishment: Emotional, psychological and verbal abuse shall be punishable with imprisonment of minimum six months or with fine to be paid as compensation to the aggrieved person which shall not be less than ten thousand rupees or with both.
Sexual abuse offences such as compelling the wife to cohabit with anybody other than the husband or any kind of sexual abuse including sexual harassment of a member of the family shall be punishable with imprisonment of either description not less than two years or with compensation to the aggrieved party which shall not be less than fifty thousand rupees or with both.
Any person who commits “Economic abuse” which includes deprivation of economic or financial resources or prohibition or restriction to continue access to such resources which the aggrieved person is ordinarily entitled to has to pay compensation to the aggrieved person for suffering as a consequence of economic abuse to be determined by the court.
Khyber Pakhtunkhwa Domestic Violence Prevention and Protection Act 2021
Explanation: Domestic violence means that violence committed by the complainee against the complainant with whom the complainant is in a domestic relationship. Violence means and include but not limited to an act, omission, commission, or conduct of the complainee which result in any physical, psychological, emotional or economic abuse to the complainant and also include, but not limited to, abetment, assault, criminal force, hurt, mischief and wrongful confinement, as defined in the code.
Punishment: Any person, who commits the offence of Domestic Violence shall be liable to imprisonment for a period not less than one year and up to maximum of five years, in addition to fine provided for the said offence.
Balochistan Domestic Violence Prevention and Protection Act 2014
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based or other physical or psychological abuse committed by an accused against women, children or other vulnerable persons with whom the accused is or has been in a domestic relationship.
Punishment: Under this Act, an “aggrieved person” can put an application against an “accused person” in the court within whose jurisdiction offence was committed for seeking any relief under this Act. An application made under this act shall be disposed of within a period of thirty days and any adjournment given during the hearing of the application shall be granted for reasons to be recorded in writing by the Court. The court may, at any stage of the application, give protection order or for any other relief under this Act grant temporary custody of an aggrieved person.
How to Report Domestic Violence in pakistan?
Immediately call the police (Helpline: 15) to report the incident, try to be as factually accurate as possible.
Get medical help if the injuries are severe and don't forget to take the medical report for legal purposes.
Record your statement at the police station, lodge the First Information Report and obtain a copy for record.
Hire a competent lawyer or a legal team (with relevant track record) to represent your case in the court.
If the police refuse to lodge the FIR (if you can hire a lawyer), write to the magistrate and lodge a complaint.
Once the complaint is lodged, the Magistrate will take action within 24 hours and the FIR will be lodged accordingly.
Police officers tasked with the case would ascertain the evidence, arrest criminals and present them in court for trial.
Immediately call the police (Helpline: 15) to report the incident, try to be as factually accurate as possible.
Get medical help if the injuries are severe and don't forget to take the medical report for legal purposes.
Record your statement at the police station, lodge the First Information Report and obtain a copy for record.
Hire a competent lawyer or a legal team (with relevant track record) to represent your case in the court.
If the police refuse to lodge the FIR (if you can hire a lawyer), write to the magistrate and lodge a complaint.
Once the complaint is lodged, the Magistrate will take action within 24 hours and the FIR will be lodged accordingly.
Police officers tasked with the case would ascertain the evidence, arrest criminals and present them in court for trial.
