CII takes up Domestic Violence Bill, 2021 for discussion

ISLAMABAD: The Domestic Violence (Protection and Prevention) Bill, 2021 is up for discussion now at the Council of Islamic Ideological (CII) after Senate passed it with certain amendments and submitted it to the National Assembly.

The bill that extends to Islamabad Capital Territory aims to establish an effective service delivery, and create an enabling environment and facilitate women, children and any vulnerable person to freely play their desired roles in society.

The passage of the bill by the Senate with amendments opened a debate whether the bill should be referred to the CII or not. Jamaat-e-Islami (JI) Senator Mushtaq Ahmed and Jamiat Ulema-e-Islam Fazl (JUIF) Senator Attaur Rehman opposed the bill, while Senator Mian Raza Rabbani presented some amendments, which were accepted and included in the bill.

Senator Attaur Rehman contended that the bill was contrary to the Islamic injunctions, Quran and Sunnah and the Constitution, as it would be the first step towards disintegration of families.

Minister for Human Rights Dr Shireen Mazari told The News it took almost a year in the Standing Committee of the National Assembly on Human Rights, headed by Bilawal Bhutto Zardari, to clear it and get it passed by the National Assembly. Then it was sent to the upper house of the parliament, where Senate Committee on Human Rights proposed amendments, which were accepted. Later on, the amendments suggested by Raza Rabbani were also accommodated, she added.

The minister said all the parties were represented in the standing committees of both the houses of the parliament from where it get approval. She said similar bills had already been passed and implemented as a law in all the provinces.

Dr Mazari said CII Chairman Dr Qibla Ayaz held a meeting with her and suggested that the Research Cell of the Council of Islamic Ideology and officials of the Ministry of Human Rights should sit together to examine the bill, and she agreed.

In a recent interview to Shahzad Iqbal in Naya Pakistan at Geo News few days back, Dr Shireen Mazari defended the bill and said that it would strengthen the families, as all family members live with honour, love, affection and harmony, and not through physical or psychological torture.

CII Chairman Dr Qibla Ayaz told The News the Council’s Research Cell was working on the bill and it would complete its report by the next week. He said the cell was also examining the provincial bills.

Pakistan Ulema Council (PUC) Chairman and Special Aide to Prime Minister on Religious Harmony and Middle East Hafiz Tahir Mehmood Ashrafi, when contacted, told The News some clauses of the bill were against not only the Islamic injunctions but also social and moral values of society. He said when the CII would give its recommendations on the bill, it would further improve.

PPP parliamentary leader in Senate Sherry Rehman was of the view that the domestic violence bill or any other human rights bill should remain with the parliament. She said there were too many predations against women and children for protection bills to be lost to the parliamentary process. “I don’t understand what the government is looking to accomplish by adding another process to it,” she said.

Former chairman Senate Mian Raza Rabbani said similar bill in provinces had already been active.

However, some members of the parliament, who did not want to be named, said the question arises here whether a letter written by an advisor to the PM on parliamentary affairs to speaker National Assembly to refer the bill to the CCI was more important than both the houses of the parliament.

The CII had expressed its reservations to Minister for Human Rights Dr Shireen Mazari and conveyed those to the government before passage of the bill, but those recommendations were ignored.

After the submission of the bill in the National Assembly after certain amendments, the issue was raised in the cabinet. After a briefing to the cabinet, Advisor to PM on Parliamentary Affairs Dr Babar Awan had written a letter to the NA speaker to refer the bill to the CII for consideration.

The CII had expressed its reservations on clauses 2, 3, 46, 7, 9 11(I), 12 (I), 16, 21, 22, and 23.

In a letter, written by the CII to the secretary, Ministry of Human Rights, it was stated that the Council was examining the bill and working on certain clauses of the bill and no legislation should be done till submission of recommendations of the CII.

According to clause 3 of the bill, “domestic violence shall mean acts of physical, emotional, psychological, sexual, economic abuse, committed by the respondent against women, children, vulnerable persons or any other persons with whom the respondent is or has been in domestic relationship, which causes fear, physical or psychological harm to the aggrieved person”.

The bill defines emotional, psychological and verbal abuse as where the aggrieved individual suffers from pattern of degrading or humiliating conduct of the respondents and includes not limited to (i) repeated exhibition of abusive jealously, causing repeated invasion of victim’s privacy, liberty, integrity, and security.

(ii) Insult and ridicule directed to aggrieved person

(iii) Threats to cause physical pain to spouse or other members of the shared household

(iv) Threats of divorce or second marriage on baseless accusations of insanity and infertility

(V) Bringing the false allegations upon the character of female member of shared household

(vi) Stalking

(vii) Harassment or

(viii) Compelling the wife to habit with anybody other than the husband

C) Sexual abuse includes any conduct of sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of vulnerable person or any other person

D) Economic abuse includes intentional deprivation of economic or financial resources or prohibition or restriction to continue access to such resources to which aggrieved person is entitled to under any law or custom for the time being in force.

Clause 4 of the bill that relates to punishment stated that if an offense falling under PPC is committed in a domestic relationship the offense shall be punishable provided under the PPC.

2) If the offence committed does not fall under the PPC, the act of domestic violence be punishable with simple imprisonment of a maximum period of three years and not less than six months depending on the gravity of the act of domestic violence, committed a fine of one hundred thousand rupees and minimum of twenty thousand rupees shall also be paid as compensation to the aggrieved person.

3) In default of payment of fine, the court may award simple imprisonment of three months.

4) Whoever aids or abates the commission of offense of domestic violence shall be punished with same punishment provided for the offense.