Around 63,000 cases of gender-based violence were reported over the last three years.
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iolence against women takes many forms, including rape, murder, sexual harassment, domestic violence and forced marriages. Women are not always safe in their homes, in public or at their workplaces. It is feared that only a fraction of the cases get reported.
Violence against women is a global phenomenon. In many societies, one of the main obstacles to ensuring an equal status for women is a feudal culture. Many women are hurt by their family members. This leaves them with a feeling of insult and pain. Violence against women can be prevented only after the state and the society educate the women, enforce the laws equally, reduced poverty and give women an equal opportunity in all kinds of jobs.
Physical and psychological abuse of women has a collateral damage for all their family members. It also imposes high social and economic costs on the society. In some communities, women may face increased domestic violence as a consequence of standing up and speaking out against domestic violence or demanding their rights.
Women have an important role in the society. They are about 50 percent of the population in our country. Women in Pakistan face many of the problems their sisters in other Third World countries are experiencing. Several laws have been made to stop domestic violence, honour killings, harassment at workplaces and child marriages. However, the enforcement and application of these laws has often been weak. The basic challenges are addressing a lack of awareness about the relevant laws; the societal acceptance of violence; a patriarchal mindset; lack of support for the survivors from the society and the state in the form of shelter homes and provision of legal aid etc. Additionally there is a stigma attached to women who refuse to live in abusive relationships.
Domestic violence in Pakistan takes many forms. These include physical abuse, emotional abuse, torture, sexual abuse and economic exploitation. Harmful traditions and customary practices that limit women’s decision-making and freedom are also acts of violence and need to be addressed accordingly.
Overt forms of domestic violence, like restrictions on mobility, overwork, intimidation, threats and humiliation affect the self-esteem and dignity of women. Lack of education and a limited role in decision-making and economic deprivation further expose women to various forms of domestic violence.
Under the constitution, all citizens have equal rights. However, it is common knowledge that women continue to be tortured, killed and forced into degrading jobs. All forms of domestic violence against women is immoral as well as a crime.
There are many reasons women are mistreated in the Pakistanisociety.
First, it is common in some communities for women to face domestic violence on account of not meeting the expectations with regard to dowr.
Second, in some communities, the husband’s mother continues to exercise control over the household.
Third, in some cases married women are asked to get their birth families to support their in-laws in financial terms. If
Fourth, in some cases the birth of a female baby is unwelcome news and leads to poor treatment of the new mother.
Governments should take appropriate measures in collaboration with civil society organizations to curb domestic violence. The CSOs can help by improving data collection, proposing legal reforms, revising policies relating to emergency relief and shelters and sensitisation of the judiciary, police and prison staff.
The judiciary has a very sensitive role in dealing with the issue. In the matter of Hina vs Province of Sindh, Sindh High Court observed that despite promulgation of Domestic Violence (Prevention and Protection) Act 2013, the government had failed to implement the law. Hence directions were issued to the government to ensure effective implementation of the Act and to initiate a campaign to make people aware of the objectives of the Act. The court asked the government to ensure that people were aware that the doors of the courts of all magistrates were always open to the aggrieved and informants for immediate rescue/ help as provided in the law and that no formality was needed to approach the concerned police station.
Domestic violence against women is an issue best addressed at the local level. The devolution of powers has enhanced the roles and responsibilities of local governments and their officials.
According to a National Commission of Human Rights report, around 63,000 cases of gender-based violence were reported in the last three years. The report cautioned that since the data was based on reported cases alone, the actual number could be much higher.
Our criminal justice institutions face numerous operational challenges, including limited capacity, insufficient human resources and inadequate infrastructure. In terms of human rights, as guaranteed by the constitution and Pakistan’s international obligations, the criminal justice institutions are responsible to protect the rights of all citizens and provide speedy justice. There is an obvious gap between the law and the citizens’ experience of its implementation.
The author is an advocate of the Sindh High Court. He can be reached at advocate.ahmed@ymail.com