everal incidents come as a stark reminder that we remain haunted by the persisting malaise of domestic violence. Over the recent months, there have been several reports of domestic violence, highlighting a troubling trend. A recent report indicated that in the first four months of this year, more than 900 cases of violence were reported to the police in Sindh alone. This number includes 771 cases of violence against women. The report said the actual number of incidents was likely to be higher. The underreporting is attributed mostly to prevalent societal norms and taboos. The laws designed to protect people from such abuse often fall short in preventing the tragic outcomes that have become all too common. These are not isolated incidents but a part of a broader issue of gender-based violence that continues to be a pressing concern in the country.

The most prominent law in this regard is the Domestic Violence (Prevention and Protection) Act. It was enacted in various forms across the provinces. The law aims to provide immediate protection to victims of domestic violence, which it defines broadly to include physical, emotional, psychological and economic abuse. The law mandates the establishment of protection committees and shelters and grants courts the authority to issue protection orders, residence orders and monetary relief for victims.

Another relevant law is the Pakistan Penal Code. It includes several provisions that can be applied to cases of domestic violence. Sections 299 to 338 of the PPC deal with various forms of physical harm, including assault and grievous bodily harm. Section 506, which pertains to criminal intimidation, can be particularly relevant in cases of domestic abuse where threats and coercion are involved. The Anti-Women Practices Act of 2011 also targets harmful cultural practices such as forced marriage and the so-called honour killings, providing additional legal recourse for women facing domestic abuse.

The Domestic Violence Act and other related laws recognise the multifaceted nature of abuse and aim to provide a robust framework for both immediate protection and long-term relief. Their provisions for protection orders are particularly significant, as courts can prohibit the abuser from contacting the victim, ensure the victim’s right to remain in the home and mandate financial support from the abuser. These measures are designed to provide victims with a sense of security and the means to rebuild their lives free from violence.

However, the effectiveness of these laws in preventing domestic violence and abuse is contingent upon their implementation. Despite the robust legal framework, the enforcement of domestic violence laws has faced significant challenges. Cultural norms, social stigma and systemic flaws within the judicial and law enforcement systems often hinder the practical application of these laws. One of the primary barriers is the pervasive cultural attitude towards domestic violence. In many parts of Pakistan, domestic issues are considered a private matter, best resolved within the family rather than through legal intervention. This mindset can discourage victims from reporting abuse and seeking legal protection. Moreover, societal norms often dictate that women remain subservient to men. This further complicates efforts to address domestic violence.

The effectiveness of these laws in preventing domestic violence and abuse is contingent upon their implementation. Despite a robust legal framework, the enforcement of domestic violence laws in Pakistan faces significant challenges.

Additionally, there is a significant gap between the law and its enforcement. Some police officers, who are often the first point of contact for victims, may lack the training and sensitivity needed to handle domestic violence cases effectively. There have been instances where police dismissed complaints of domestic violence as family disputes, thereby failing to provide the necessary support to victims. This failure is compounded in some cases by the courts, where cases of domestic violence can languish for years. Some judges may also harbour a patriarchal bias.

The stories of Sania Zehra and Ayesha Jahanzeb highlight these systemic issues. Sania’s case was highlighted on the social media, which led to a more thorough investigation of the incident. An autopsy report, however, stated that it was a case of suicide. However, Sania’s parents still blame her husband and in-laws for the death.

Ayesha Jahanzeb’s case showed that even when the law is invoked, it is after prolonged suffering.

The persistence of domestic violence despite the laws also raises questions about the broader socio-legal framework in Pakistan. HLA Hart’s distinction between primary and secondary rules at play in legal systems gives an insight into this very dilemma. Primary rules are substantive rules of conduct, like those prohibiting domestic violence. Secondary rules are rules about the primary rules, including procedures for creating, interpreting and enforcing laws. In Pakistan, while primary rules against domestic violence exist, secondary rules—such as those governing the training of police and judges, the allocation of resources for enforcement—are often inadequate.

Moreover, the legal pluralism in Pakistan, where formal laws coexist with customary laws and practices, further complicates the enforcement of domestic violence laws. Customary practices often prevail in rural areas, where local jirgas (tribal councils) may adjudicate domestic disputes according to traditional norms rather than state law. These customary laws can be particularly detrimental to women, as they often reinforce patriarchal structures and values.

Addressing the issue of domestic violence in Pakistan requires more than just vigorous laws, it also requires a holistic approach that includes societal change, improved law enforcement and judicial reform. Public awareness campaigns are crucial in shifting cultural attitudes towards domestic violence. These campaigns can educate the public about the rights of victims and the legal avenues available to them, thereby encouraging more victims to come forward. Law enforcement agencies need comprehensive training programmes that sensitise officers to the complexities of domestic violence and equip them with the skills to handle such cases effectively. The Judiciary must also undergo reforms to ensure that cases of domestic violence are treated with the urgency and seriousness they deserve. Fast-tracking domestic violence cases and providing specialised training for judges can help avoid some of the delays and the bias currently plaguing the system. Bridging this gap requires a multifaceted approach that combines legal reform with societal change, ensuring that the promise of protection and justice becomes a reality for all victims of domestic violence.

The writer is an advocate of the high court, a founding partner at Lex Mercatoria and a visiting teacher at Bahria University’s Law Department. She can be reached at minahil.ali12@yahoo.com