iolence against women demands a robust legal response. In the following paragraphs, we look at the constitutional protection, laws, landmark cases, workplace safeguards, civil reinforcements and regional legislations shaping Pakistan’s commitment to women’s safety.

Constitutional protection

Articles 4, 9, and 14 of the constitution affirm a resolute commitment to gender equality and the eradication of violence against women. These provide the foundation for a strong legal framework.

Criminal laws

The Pakistan Penal Code is a formidable weapon. Sections 354 and 354(a) addressing offences against women. Sections 299-338 create a legal arsenal, ensuring that the protection extends beyond rhetoric to safeguard the well-being of women.

Punjab Protection of Women Against Violence Act 2016

This legislation comprehensively addresses violence against women. It criminalises various forms of violence and provides a regional bastion. Provisions for restraining orders, residence orders and monetary relief weave a robust fabric of protection. The regional legislation adds depth to the broad legal framework.

Sindh Domestic Violence Act

The Sindh Domestic Violence Act 2013 specifically addresses violence in the domestic realm. It empowers victims by criminalising acts of domestic violence, providing for protection and residence orders and ensuring swift legal recourse. This section highlights the regional specificity that contributes to a comprehensive and dynamic legal approach.

Workplace protection

The Protection Against Harassment of Women at the Workplace Act, 2010, makes workplaces sanctuaries of security, outlining measures for the prevention and redress of harassment.

Family laws

The Muslim Family Laws Ordinance, 1961, navigates the domestic realm, ensuring equitable treatment and protection for women in areas like marriage, divorce and maintenance.

Other civil protections

Laws like the Guardian and Wards Act, 1890, and the Muslim Family Laws Ordinance, 1961, reinforce women’s rights in areas such as guardianship, marriage and divorce. Recent legislative developments further enhance women’s legal standing.

Cybercrime and online harassment

Section 21 of the Prevention of Electronic Crimes Act, 2016 provides a digital shield, criminalising online harassment and providing a legal framework to combat evolving forms of violence against women in the digital age.

Two-finger test

A Lahore High Court judgment in the case of Sadaf Aziz etc vs Federation of Pakistan etc [WP No 13537 of 2020], declared the so-called two-finger test illegal for being offensive to the personal dignity therefore a violation of the right to life and right to dignity enshrined in Articles 9 and 14 of the constitution. Such tests were also found to be discriminatory and therefore unconstitutional.

Discrimination

Articles 25 and 27 of the constitution prohibit discrimination, contributing to a broader framework of protecting women’s rights.

Landmark cases

Judgments in landmark cases like the Mukhtaran Mai Case (2002) [Criminal Appeals No 163 to 171 and SM Case No 5/2005] act as guidelines for the subordinate courts.

Implementation challenge

While Pakistan’s legal framework shows a strong commitment to addressing violence against women, effective implementation faces significant challenges. Cultural norms, deeply ingrained societal attitudes and institutional biases often hinder the practical application of these laws. In many cases, victims hesitate to come forward due to fear of societal stigma or retaliation, leading to underreporting of criminal violence. In some instances, law enforcement personnel have been found to lack the necessary sensitivity and training. Delays in the judicial process too discourage victims.

Lack of awareness

Another obstacle is the pervasive lack of awareness among the general population about existing legal protections. Many individuals, especially in rural areas, may not be aware of the avenues available for seeking legal recourse. The awareness gap tends to perpetuate a culture of silence and contributes to the persistence of violence against women.

Recommendations

To bridge the gap between legal provisions and their effective implementation, several key changes are essential:

Education and awareness campaigns: Comprehensive awareness campaigns are needed in both urban and rural surroundings to educate the public about women’s legal rights, available support services and the consequences of gender-based violence.

Training for law enforcement: Specialised training programmes for law enforcement officials are needed to sensitise them to the unique challenges faced by victims of gender-based violence. These should include handling cases with empathy, understanding the cultural nuances and providing appropriate support.

Community engagement: Community engagement can be fostered through local leaders, non-government organisations and grassroots volunteers. Open discussions about gender equality should be encouraged to dispel myths and misconceptions that perpetuate violence.

Legal aid and support services: The infrastructure for legal aid and support services needs strengthening. This includes establishing helplines, legal clinics and safe spaces for reporting incidents.

Assessment and updates: The effectiveness of the existing laws needs to be assessed regularly and updates and amendments made to address the emerging challenges. This includes adapting legislation to encompass new forms of violence, such as cyberbullying and online harassment.

Intersectional policies: The intersectionality of issues related to violence against women needs to be recognised and addressed. Governments should develop policies that consider the unique challenges faced by marginalised groups, including women from minority communities and those with disabilities.

Pakistan’s legal commitment to women’s safety faces implementation challenges due to cultural norms and institutional biases. Bridging the gap from legislation to effective enforcement requires awareness, education and systemic changes. Only through comprehensive efforts can the country genuinely fulfill its commitment to women’s well-being beyond legal documents.

The writer is an advocate of the High Courts of Pakistan, an attorney at law in New York, the CEO Women Lawyers’ Association and founder of Zahrah S Vayani & Associates