Development: Curbing domestic violence (PAKISTAN)

Bringing the issue of domestic violence within the purview of state responsibilities is itself no small feat in an environment where a current government appointed minister from Balochistan has publicly defended the barbaric act of burying women alive

Some horrific forms of gender-based violence exist in our country, including rape, forced marriages, honour killings, stove-burnings and acid attacks. In the midst of such heinous acts, less sensational, ‘routine’ domestic violence seems easy to ignore. It is perhaps due to this lingering neglect, however, that Pakistan is now been placed among the top six countries with regards to the prevalence of violence against women.

Activists and practitioners working on this issue estimate that 80 percent of women in Pakistan have been subjected to some form of domestic violence. Passage of the pending Domestic Violence (Prevention and Protection) Bill 2008 would be a step in the right direction in terms of finally acknowledging, and trying to address this problem.

Such legislation will complement other legislative measures which have been taken in the recent past, such as the Women’s Protection Bill that helped bring the crime of rape under the penal code rather than religious laws, the misapplication of which could in effect risk the punishment of the victims of rape on the charge of adultery. Some progress has also been made on introducing a bill against sexual harassment at the workplace.

Concerns about the extent to which other legislative bills have to be diluted in order to secure enough support in parliament are legitimate. Moreover, on-ground implementation hurdles do severely restrict realisation of the intended benefits of policy decisions as well.

Nonetheless, the fact remains that there was still a pending need to include the domestic sphere within the scope of responsibility of the state so that it could begin taking the required steps to ensure protection to its citizens as per constitutional guarantees, as well as multiple international commitments.

The makers of the domestic violence bill have insisted upon domestic violence being considered a crime and rightly broadened its definition so that it not only pertains to physical and emotional abuse committed by the perpetrator, but also sexual, verbal and economic abuse. Causing hurt, wrongful confinement, use of force, assault, mischief and intimidation are also considered crimes.

These acts of violence can be brought to notice by the victim or any person connected to the victim. Even hospitals and private clinics are given the authority to report such acts to the police. But the procedures must be simplified further so as not to bog down medical personnel with court procedures implied by following existing medico-legal reporting requirements.

Work on formulating this domestic violence bill at the federal level was initiated back in December 2006 when two private members’ bills to tackle the domestic violence problem were combined and even approved by the National Assembly Standing Committee on Women Development in April 2007.

But then the term of the previous assembly lapsed in December 2007 before this federal bill could be passed. With the swearing in of the new government, civil society took the initiative to revive debate on this domestic violence bill. In August last year, legal and judicial personalities and women rights organisations came together to critique and review the bill, and their recommendations were incorporated into the original draft as well.

Bringing the issue of domestic violence within the purview of state responsibilities is itself no small feat in an environment where a current government appointed minister from Balochistan has publicly defended the barbaric act of burying women alive. Another minister allegedly headed a jirga that decided to hand over minor girls as compensation to help settle a feud between two rival tribes.

It is important to note that the provincial governments in Sindh and Punjab have acknowledged the need to address this problem of domestic violence. The previous Punjab government managed to get the support of the MMA for an amended version of the prevention of domestic violence bill in the Punjab Assembly back in 2003. The Sindh government has also been making efforts in this regard, spearheaded by the MQM itself.

However, it is important to consider how this domestic violence legislation will be implemented. The bill envisions appointment of one or more protection officers to handle the problem in all districts across the country. The ability of a handful of protection officers to adequately address domestic violence cases, and establishing effective linkages with other line departments to secure an effective referral system is yet to be evidenced, and may not be very easy given the institutional capacity down at lower tiers of government.

In India for instance, which has also put in place a similar system, reports of passivity of protection officers to offer help to women in need of protection have already begun to emerge.

The importance of alternate dispute resolution with regards to helping address domestic violence has also been envisioned in Pakistan. Musalihat Anjumans were meant to be formed across all Union Councils of the country under the Local Government Ordinance of 2001, comprising of a panel of 3 arbitrators, including a woman, which were mandated to resolve local conflicts issues through mediation, arbitration or reconciliation.

Although not many Union Councils actually formed these required entities, the Gender Justice through Musalihat Anjuman Project supported by the UNDP in 20 districts did illustrate the possibility of using such entities to address common local disputes such as domestic violence, matrimonial disputes, exclusion of females from inheritance, marriage to Quran, barter marriages, forced marriages, and sexual harassment.

The federal legislation to curb domestic violence could solicit donor support to help build on existing on-ground experience to further involve Musalihat Anjumans in helping curb domestic violence.

Moreover, it will be imperative to develop the existing capacity of women’s shelters to provide a safe place for women who choose to leave their homes due to the violence perpetrated against them. The existing number and state of facilities offering shelter to women leaves much to be desired. The Punjab government has prepared plans to strengthen the capacity of its existing 8 Dar-ul Amaans (shelter homes) and to make more shelter homes in 27 other districts.

Other provinces will have to follow suit if the domestic violence bill is to have the intended effect of not only preventing such incidents by punishing the perpetrators, but also reaching out to offer its victims an alternative place of refuge and rehabilitation.

source: www.dailytimes.com.pk