Domestic Violence

Legal Services for Overseas Pakistani

Domestic Violence in Pakistan: Breaking the Silence

Domestic violence remains a pervasive issue in Pakistan, deeply affecting the lives of countless women and vulnerable individuals. It transcends physical abuse, encompassing emotional, sexual, and financial exploitation. This silent epidemic often thrives under the shadows of societal stigma, fear, and limited awareness about legal rights and protections. Addressing domestic violence is not just a legal responsibility but also a moral imperative to protect the dignity and safety of individuals.

Understanding Domestic Violence

Domestic violence is not confined to physical harm; it includes a range of abuses, such as:

Physical Abuse: Assault, battery, or any form of physical harm.
Emotional Abuse: Degrading remarks, isolation, and manipulation.
Sexual Abuse: Coercion, assault, or forced intimacy.
Financial Abuse: Restricting access to financial resources or exploiting earnings.

These acts, often perpetuated by close family members, exploit societal and cultural norms to maintain control over the victims.

Legal Protections Against Domestic Violence in Pakistan

Pakistan has introduced a robust framework of laws to combat domestic violence, ensuring victims have access to justice and support services. These laws vary across provinces, tailored to address regional challenges. Here is an overview:

Islamabad Capital Territory (ICT)

ICT Domestic Violence (Prevention and Protection) Act, 2021: Focuses on prevention, protection, and redressal mechanisms for victims.
The Enforcement of Women’s Property Rights Act, 2020: Safeguards women’s property rights.
Protection Against Harassment of Women at Workplace Act, 2010: Addresses harassment and creates safer spaces for women.

Punjab

The Punjab Protection of Women Against Violence Act, 2016: Provides mechanisms for reporting violence and seeking protection orders.
Punjab Women Protection Authority Act, 2017: Ensures comprehensive support for victims, including shelter homes and legal aid.
Punjab Commission on the Status of Women Act, 2014: Advocates for women’s rights and gender equality.

Sindh

Sindh Domestic Violence (Prevention and Protection) Act, 2013: Addresses physical, emotional, and economic abuse.
Sindh Commission on the Status of Women Act, 2016: Monitors gender-based violence cases and policy implementation.

Khyber Pakhtunkhwa

Khyber Pakhtunkhwa Domestic Violence Against Women Act, 2021: Provides legal remedies and victim support services.
Enforcement of Women Ownership Rights Act, 2012: Secures women’s property and inheritance rights.

Balochistan

The Balochistan Domestic Violence (Prevention and Protection) Act, 2014: Offers clear definitions of abuse and frameworks for redressal.
Balochistan Harassment of Women at Workplace Act, 2014: Protects women in professional environments.

Key Provisions in Domestic Violence Laws

The laws across Pakistan incorporate vital provisions, such as:

Protective Orders: Restraining orders to ensure safety.
Monetary Relief: Compensation for victims to rebuild their lives.
Support Services: Shelter homes, medical aid, counseling, and legal assistance.
Reporting Mechanisms: Dedicated helplines, protection officers, and simplified reporting processes.

These provisions emphasize safeguarding the dignity, security, and rights of victims while ensuring timely justice.

Consequences for Perpetrators

Domestic violence is a crime in Pakistan, with penalties designed to deter offenders and ensure justice:

Imprisonment: From six months to three years, depending on the severity.
Fines: Ranging from PKR 20,000 to 100,000, payable as compensation to the victim.
Additional Penalties: Failure to pay fines can result in further imprisonment of up to three months.

Offenses falling under the Pakistan Penal Code (PPC) are dealt with accordingly, ensuring comprehensive legal action against perpetrators.

Islamic Perspective on Domestic Violence

Islam profoundly condemns violence and emphasizes the respect and dignity of women:

The Prophet Muhammad (PBUH) stated:
- “The best among you is the one who is best to his wife.”
- “It is the wicked who insult women.”

The Quranic injunctions reinforce the sanctity of relationships:

“And live with them honorably” (Al-Nisaa 4:19).
“Lodge them where you dwell, according to your means” (Al-Talaaq 65:6).

These teachings underscore the divine obligation to protect and honor women within family structures.

Challenges in Combating Domestic Violence

While legislative efforts are commendable, several barriers persist:

Cultural Stigma: Victims often remain silent due to societal pressure.
Lack of Awareness: Many are unaware of their rights and the available support systems.
Ineffective Implementation: Weak enforcement of laws and delayed judicial processes undermine protection.

Role of Dar-ul-Aman and State Support

Dar-ul-Aman shelters, established by the government, provide:

Safe havens for women facing abuse.
Access to legal, medical, and psychological support.
Programs for rehabilitation and economic empowerment.

The state, as the ultimate guardian, must ensure these facilities operate efficiently to offer a lifeline to victims.

A Call to Action for Overseas Pakistanis

As members of the global Pakistani community, you can play a vital role in addressing domestic violence

Raise Awareness

Educate communities about the consequences of domestic violence and the importance of seeking help.

Support Victims

Advocate for stronger laws, better resources, and accessible shelters.

Empower Change

Collaborate with NGOs and legal experts to create a safer society for women and vulnerable individuals.

Contact Us

Domestic violence is not just a legal issue; it is a societal challenge requiring collective efforts to eradicate. At Faisal Basit Sheikh & Co. LLP, we are committed to supporting victims and ensuring justice through expert legal services. Contact us today for a consultation and take the first step toward a safer tomorrow.