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The Domestic Violence Bill in Pakistan
Domestic violence includes, but is not limited to, breaching someone’s trust or privacy, threatening someone with a divorce or second marriage on baseless accusations of infertility, willful and neglectful abandonment, stalking, and harassment. Due to high domestic violence rates, Pakistan is becoming an increasingly dangerous place for young girls and women to live in. In the 2019 “Women, Peace and Security Index'' by Georgetown Institute, Pakistan was ranked 164 out of 167 countries listed and in 2022 it was listed as the second worst country for gender parity. According to a disturbing report, an estimate of 80% of Pakistani women are subjected to domestic violence. From young girls to elderly women, from inside closed doors to public landmarks, women all across Pakistan are subjected to domestic violence. In light of these alarming statistics and cases such as Noor Makadum’s murder case and the incident at Minar-e-Pakistan, Pakistanis have begun protesting again to regain momentum in the Pakistani feminist movement. They are now utilizing social media to demand justice for women and push for an updated prerogative Domestic Violence Bill for the victims of this grave, deep-rooted issue.
The current law for domestic violence states that violence against women and children is an offense, punishable by time in jail and imposition of fines. However, there is no set consequence or jail time for the perpetrator, and ‘light beating’ of a child or wife is allowed by the husband in the eyes of the law. Many women across Pakistan were not satisfied with the limited extent of this bill and have demanded justice by pushing for a new one. The Domestic Violence (Prevention and Protection) Bill, 2021, was originally put forward in the National Assembly by the Federal Minister of Human Rights, Shireen Mazari, on April 19, 2021, and was approved by the Lower House the same day. This bill demands the punishment of six months to three years in prison and up to Rs 100,000 fine for domestic violence. According to this bill, courts shall fix a hearing for appeals within seven days of receiving one. The bill also demands a protection committee where the protection officers would aid citizens in reporting domestic violence and collecting data.
The Domestic Violence (Prevention and Protection) Bill, 2021 was sent to the Senate where the opposition defeated the government by one vote, blocking the measure's immediate approval and demanding that it be referred to the appropriate standing committee for further consideration. The Senate's leader of the opposition, Yousuf Raza Gilani, had claimed that the bill, despite being essential legislation, needed to be referred to the standing committee. The Prime Minister's Adviser on Parliamentary Affairs, Babar Awan, submitted a letter to the National Assembly Speaker on July 5, 2021, requesting that the Council of Islamic Ideology evaluate the Bill. This is when the bill became controversial as many people were unhappy about the fact that a council of 12 men had the final say on this matter. Jamiat Ulema-e-Islam Fazl and Jamaat-e-Islami, two prominent people from the Council of Islamic ideology, both rejected the law, arguing that it threatens the country's social and cultural traditions. They claim, in opposition to the law, that the husband, as the family's leader, has the power to meet the needs of and nurture the family. They claim that when you involve an outsider, such as a protection officer, in your personal affairs, you've reached a point of no return. They also said that the condition requiring the suspected culprit to wear a GPS tracker will only worsen the situation. “Don't try to solve Pakistani problems with American solutions,” they urged, adding more condescending Pakistani politicians to the long list of men who justify their ignorance towards domestic violence and sexual assault cases by blaming feminist ideas of westernization of the Pakistani culture.
According to our constitution, it is the government’s responsibility to defend all people under their jurisdiction the right to life and security, regardless of race, religion, or gender. Invisible impediments, such as societal honor and culture, have hindered the realization of women's rights in the country. However, it is important to consider that countries often fall short in terms of actually enforcing the laws in place to protect women. Domestic abuse is a societal issue that is difficult to fully solve with one-time legislation. Instead, it should be evaluated and reviewed regularly to account for implementation challenges and impediments. Furthermore, a mindset shift is required among citizens of a country that have already fallen to the bottom of the worldwide gender equality rankings. Given the current situation of booming reported domestic violence cases, there appears to be no room for delay in implementing this critical bill. It is high time to implement this measure and assure its application, ensuring womens’ and other vulnerable groups' basic human rights in the region.
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