Thursday, September 17, 2009

WOMEN-PAKISTAN: Domestic Violence Bill Draws Mixed Reactions

That is assuming the bill, which was approved by the National Assembly on Aug. 4, will be passed by the Senate to make it a law.

"Just as the proceedings began before the bill was put to a vote, Prime Minister Yusuf Raza Gilani got up to say his government supported the bill as it fell under their party manifesto’s purview," said Yasmeen Rehman, a member of the ruling Pakistan People’s Party, who sponsored the bill. "I was elated."

Civil society groups advocating protection of women against all forms of violence dubbed the passage a "historic move.

"The bill is significant," said Khawar Mumtaz, chief executive officer of Shirkat Gah Women's Resource Center, a women’s rights group in Pakistan. "Firstly, it acknowledges the incidence of domestic violence. Secondly, it recognizes that it can no longer be ignored or remain invisible," Mumtaz told IPS.

For too long, "treating domestic violence as a private affair has given protection to perpetrators of violence and has led to victimization of women," she said. "The passage of the bill "is a measure of success of women's advocacy."

The bill underwent endless vetting by an 18-member house Standing Committee on Women Development and the Law Ministry, said Rehman. "I think the bill was greatly strengthened by these processes," said parliament member Bushra Gohar of the Awami National Party, a leftist party in Pakistan.

It stipulates against not only the more accepted forms of violence against women, like sexual abuse and assault but also covers such acts as stalking, economic abuse, verbal and emotional abuse, willful or negligent abandonment and wrongful confinement, among others.

The bill defines domestic violence as "(a)ll intentional acts of gender-based or other physical or psychological abuse committed by an accused against women, children or other vulnerable persons, with whom the accused person is or has been in a domestic relationship."

Anis Haroon, chairperson of the National Commission on the Status of Women (NCSW), an independent statutory body, described the passage of the 28-clause bill as a "major step forward."

But while some rights groups have hailed the passage of the bill, others expressed strong misgivings about it.

Maliha Khan, a women’s rights activist, said the bill does not criminalise the offence. While its definition of domestic violence is "fairly all-encompassing," it is tantamount only to "a restraint order." On a cursory reading, the bill looks acceptable, but it is not, she said.

She cited the breach of protection order found in section eight of the bill. "This order obligates the accused not to commit an act of domestic violence…. When and if the accused breaches this order, only then will she or he be punished with imprisonment and/or fine," she said.

It is important to note the distinction, she explained. An accused found guilty of committing an act of domestic violence will only receive a warning not to do certain acts based on the protection order. Thus the accused will not be subject to penal punishments for committing a criminal act, said Khan.

Penalties for violations of protection orders include imprisonment of six months to one year and a fine of 100,000 rupees (some 1,210 U.S. dollars) for the first breach; and a prison term of one to two years and/or a fine of not less than 200,000 rupees (2,421 U.S. dollars) for the second and succeeding offenses.

"To effectively deal with this social evil, it is vital that an act of domestic violence be punished with imprisonment and/or fine at the first instance, not after a "breach" of protection orders," said Khan.

Khan also took issue with the use of the word "intentional" in the bill’s definition of domestic abuse. "Excuses such as ‘mistake’, ‘ignorance’ and ‘accident’ could be easily used to counter any complaint of domestic violence, resulting in immediate acquittal," she said. Thus she had proposed the inclusion of ‘unintentional’ in the same definition before the bill was passed.

Based on a report by the women’s rights group Aurat Foundation, ‘Situation of Violence against Women in Pakistan’, a total 7,571 incidents of violence against women were reported in the country last year.

According to the independent Human Rights Commission of Pakistan (HRCP)’s ‘State of Human Rights in 2008’ report, 1,210 women were killed for various reasons. "Over eight hundred were sexually harassed, 350 raped, 45 gang- raped and 13 were stripped," stated the document. It added that 185 women were killed due to domestic violence and 138 others injured.

The United Nation’s Development Fund for Women (UNIFEM) said at least one out of three women around the world has been "beaten, coerced into sex, or otherwise abused in her lifetime — with the abuser usually someone known to her. Violence against women and girls is a universal problem of epidemic proportions."

UNIFEM said only 89 countries have legislative provisions on domestic violence against women and only around 60 states have passed specific domestic violence laws, a significant rise from only 45 countries with such a law in 2003.

Pakistan could become the 61st country outlawing domestic violence should the Senate pass the bill.

Although rights groups welcomed the passage of the bill by the upper house, they were dismayed by yet another of its provisions. Section 25 states that in case of a "false complaint," an imprisonment of up to six months and a penalty of 50,000 rupees (about 605 U.S. dollars), or both, will be meted out to the complainant.

"It never existed in any of the earlier bills (on domestic violence)," said the NCSW’s Haroon.

"It makes the legislation null and void," cried Khan, who presented the recommendations put forward by the civil society to the government and parliamentarians. "If anyone files a complaint of domestic violence and is unable to prove it, for whatever reason, the complainant will be charged with false accusation and punished accordingly." She said this could dissuade women from seeking protection against domestic violence for fear of reprisal.

Others appear more concerned about how the law, once passed, will be implemented.

Zohra Yusuf of the HRCP said, "Women need easy access to complaint centres, so perhaps small ones can be established in neighbourhoods, where sensitized policewomen can be placed."

Gohar stressed the need to hire more women police at the sub-district level as well as the conduct of gender sensitivity training for police officers and local government representatives.

Still others are downright sceptical about efforts of any kind to legislate against domestic violence. Dr Shershah Syed, a leading Karachi-based gynecologist, asked: "Will it change the attitude of the people, the perpetrators? They always manage to go scot-free," he said. "Pick up any national paper. Not a single day passes when a few violent acts against women are not reported.

"Many women think abuse is part and parcel of married life and take it in stride. Unless the prime minister and the president announce zero tolerance for violence against women, no amount of law making would help," he added.

Akmal Wasim, a Karachi-based lawyer who was among those who vetted the bill, agreed that a mere law cannot change society’s attitude toward gender- based violence. "The bill is inconsequential if the political will for its proper implementation is not there," he said.

Still, the passage of the bill is a crucial step in the right direction, some experts said. If laws are not being implemented it does not mean they should not be legislated in the first place, said Shirkat Gah’s Mumtaz.

"Laws are important for setting standards and defining what is acceptable in society. Whatever fate awaits the new law will also depend on how much people turn to it for protection. But once it is in the statute books, the option of invoking it becomes available," she said.
source: www.ipsnews.net

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